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HomeMy WebLinkAbout2415 OrdinanceORDINANCE NO. 2415 AN ORDINANCE amending Ordinance 2396 and relating to Bus Passenger Shelters. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. Permission and authority hereby are given and granted to the Benton-Franklin Public Transportation Benefit Area Authority (the grantee), a municipal corporation organized and existing under the laws of the State of Washington, upon the terms and subject to the conditions of this ordinance, to install, main- tain, repair, replace, and use, a bus passenger shelter at the specific locations within the public way of the City of Pasco as shall hereafter be set forth and described in a resolution passed by the Pasco City Council. Each such bus passenger shelter shall be constructed in accordance with the drawings attached to this ordinance as exhibits and which by this reference are incorporated herein as if specifically set forth. Each bus passenger shelter shall be maintained and used in accordance with the ordinances of the City of Pasco and the direc- tions of the Director of Public Works for the City of Pasco or his designee. The grantee should keep that portion of the public way under said bus passenger shelters in good condition and repair, safe for public use and free from snow, ice and debris, to the satisfaction of the Public Works Director of the City of Pasco. Section Two. This ordinance is subject to amendment, modifi- cation or repeal, and permission and authority herein granted may be revoked by the city council in its discretion, at any time with- out the consent of grantee upon the giving of sixty (60) days notice to the grantee of the date and time the city council sets to consider such action, provided, however, in the case that the city council determines in its discretion the immediate amendment, modification, or revocation of this ordinance or of the permission and authority granted herein is necessary for the public health, education or welfare, then the giving of the 60 days notice is unnecessary. Upon termination of the privilege herein granted, by lapse of time or otherwise, the grantee, without cost or expense to the City of Pasco, shall remove the structures herein author- ized and restore the public way where disturbed by said structures or by the removal thereof, to a proper condition under the super- vision and to the satisfaction of the City of Pasco Public Works Director and in accordance to the 'city municipal code. Each said bus passenger shelter shall be used only for such purposes normally attended with the construction and operation of a bus passenger shelter and stop. The grantee shall be solely responsible for the construction, upkeep, maintenance, repair and demolition of each #' said shelter. Each shelter shall comply with all city codes and building ordinances; the designs shall conform to the drawings attached to this ordinance, and shall be subject to all municipal code requirements. In the event of the failure, neglect or refusal of the grantee so to do, the City of Pasco will have the choice of either performing said work and charging the cost thereof to said grantee or determining what the cost of said work shall be in bill- ing the grantee for said cost. Section Three. The insurance company and the grantee, as provided in Section Four, will hold and save the City of Pasco harmless from any and all liability and expense, including judg- ments, costs, and damages for removal, relocation, alteration, repair, maintenance and restoration of any such structure herein authorized and from any and all damages thereto on account of the location, construction, alteration, repair or maintenance of any of the public ways, sewers, water mains, conduits, pipes, poles and other utilities. For the City of Pasco to recover from the grantee under this section, it is not necessary that the City of Pasco first make said removal, relocation, alteration, repair, maintenance or restoration. The Director of Public Works is here- by authorized to determine what costs would be involved to perform said removal, relocation, alteration, repair, maintenance or res- toration, and his decision as to the amount shall be final and binding unless appealed to the city council within ten (10) calen- dar days. The grantee, upon receiving written notification from the Director of Public Works of the cost of said removal and res- toration, shall pay immediately said amount upon demand. It shall be the responsibility of the grantee to furnish the City of Pasco prior to Issuance of any building permit for this privilege, a copy or proof of insurance (certificate of insurance) in an amount not less than One Million Dollars ($1,000,000) for public liability and One Million Dollars ($1,000,000) for property damage, and also to name tne City of Pasco as "additionally Insured." Certificates renewing Insurance must be furnished to the City Clerk no later than thirty (30) days prior to expiration of the policy. If the grantee fails to maintain, repair, replace or otherwise keep any such structure in good condition, or fail to provide yearly public liability insurance, or fail to keep the abutting premises in good condition, the City of Pasco, upon sixty (60) days notice, may re- move and demolish any such structure at the sole cost of the grantee. The city will give grantee at least five (5) days notice of city council consideration of such removal action. Section Four. The permission and authority herein granted shall not be exercised until a building permit authorizing any such structure shall have been issued by the city and upon the faithful observance and performance of all and singular the conditions and provisions of this ordinance, and conditioned further to indemnify, keep and save harmless the City of Pasco against all liabilities, judgments, costs, damages and expenses which may in any way come against said city in consequence of the permission given by this ordinance, or which may accrue against, be charged to or recovered from said city from or by reasons or on account of any act or thing done or omitted or neglected to be done by the grantee in and about 't h. • the construction, reconstruction, maintenance, use and removal of any of such structures and the restoration of the public way as herein required. Said Insurance coverage shall be continuing in effect until each of the structures authorized herein are removed and the public way is restored as herein required. Section Five. The prevailing party in any suit to enforce any provision of this ordinance shall be reimbursed by the other for its costs and expenses, including reasonable attorney's fees and costs, expended to commence and maintain the suit. Section Six. Ordinance No. 2396 is hereby amended to read as above provided in Sections One through Five. Section Seven. This ordinance shall take effect and be in force five (5) days after its passage and publication as required by law; provided said grantee file a written acceptance of this ordinance, with the city clerk. day o 19 k"2-7- and approved E. A. Sni er, Mayor PASSED this by the Mayor. ATT T: is, City Clerk APPROVED AS TO FORM: GA.siio, City Attorney t-'n t(Z-N-e,T tL C).-3 PERMIT FOR BUS PASSENGER SHELTER Permission and authority are hereby given and granted to the Benton Franklin Public Transportation Benefit Area Authority (the grantee), a municipal corporation organized and existing under the laws of the State of Washington, upon the terms and subject to the conditions of this permit, to install, maintain, repair, replace, and use, a bus passenger shelter on that portion of the parking lot of the City of Pasco on south Fourth Avenue between Columbia and Lewis Streets and more particularly described as follows: That portion of Gerry's Addition, Block 18, Lot 13, in Franklin County, Washington, being more particularly described as follows - A strip of land seven feet in width, lying northeasterly of the northeasterly margin of the south 4th Avenue right -of - way, of the City of Pasco, and lying between two lines distant approximately 76' and 86', res - pectfully, from the southeasterly curb line of Lewis Street and perpendicular to said right -of - way margin. The bus passenger shelter shall be constructed in accordance with the drawings attached to trus permit as exhibits and which by this reference are incorporated herein as if specifically set forth. The bus passenger shelter shall be maintained and used in accordance with the ordinances of the City of Pasco and the directions of the Director of Public Works for the City of Pasco or his designee. The grantee shall keep that portion of the parking lot under said bus passenger shelter in good condition and repair, safe for public use and free from snow, ice and debris, to the satisfaction of the Public Works Director of the City of Pasco. This permit is subject to amendment, modification or revocation, and the permission and authority herein granted may be revoked by the Pasco City Council in its discretion, at any time without the con- sent of the grantee upon the giving of sixty (60) days notice to the grantee of the date and time the City Council sets to consider such action, provided, however, in the case the City Council determines in its discretion that the immediate amendment, modification or revocation of this agreement is necessary for the protection of the public health, safety or welfare, then the giving of sixty (60) days notice is unnecessary. Upon termination of the privilege herein aranted, by lapse of time or otherwise, the grantee without cost or expense to the City of Pasco, shall remove the structure herein authorized and restore the parking lot where disturbed by said structure or by the removal thereof, to a proper condition under the supervision and to the satisfaction of the City of Pasco Public Works Director and in accordance to the city municipal code. The bus pas- senger shelter shall be used only for such purposes normally attended with the construction and operation of a bus passenger shelter and stop. The grantee shall be solely responsible for the construction, upkeep, maintenance, repair and demolition of the shelter. The shelter shall comply with all city codes and building ordinances, the design shall conform to the drawings attached to this permit, and shall be subject to all municipal code requiiements In the event of the failure, neglect or refusal of the grantee so to do, the City of Pasco will have the choice of either performing said work and charging the cost thereof to said grantee or determining what the cost of said work shall be in billing the grantee for said cost. The insurance company and the grantee, as provided bele , will hold and save the City of Pasco harmless from any and all liability and expense, including judgments, costs, and damages for removal, relo- cation, alteration, repair, maintenance and restoration of any of such structure herein authorized and from any and all damages there- to on account of the location, construction, alteration, repair or maintenance of any of the bus passenger shelters or its appurtenances. For the City of Pasco to recover from the grantee under this section, It is not necessary for the City of Pasco first to make said removal, relocation, alteration, repair, maintenance or restoration The Director of Public Works is hereby authorized to determine what cost would be involved to perform said removal, relocation, alteration, repair, maintenance or restoration, and his decision as to the amount shall be final and binding unless appealed to the City Council within ten (10) calendar days of his notice to the grantee of the amount of cost. The grantee, upon receiving written notification from the Director of Public Works of the cost of said removal and restoration, shall pay immediately said amount upon demand unless appeal to the City Council is made, in which case payment is due immediately upon the City Council's decision on the appeal. It shall be the responsibility of the grantee to furnish the City of Pasco prior to the issuance of any building permit for this privilege, a copy or proof of insurance (certificate of insurance) in an amount not less than One Million Dollars ($1,000,000) for public liability and One Million Dollars ($1,000,000) for property damage, and also to name the City of Pasco as "additionally Insured." Certificates renewing insurance must be furnished to the City Clerk no later than thirty (30) days prior to the expiration of the policy. If the grantee fails to maintain, repair, replace or otherwise keep any such structure in good condition, or fail to provide yearly pub- lic liability insurance, or fail to keep the abutting premises in good condition, the City of Pasco, upon sixty (60) days notice to the grantee, may remove and demolish any such structure at the sole cost of the grantee. The city will give grantee at least five (5) days notice of City Council consideration of such removal action. CITY OF PASCO- BY: The permission and authority herein granted shall not be exercised until a building permit authorizing any such structure shall have been issued by the city and upon the faithful observance and per- formance of all and singular the conditions and provisions of this permit, and conditioned further to indemnify, keep and save harm- less the City of Pasco against all liabilities, judgments, costs, damages and expenses which may in any way come against said city in consequence of the permission given by this permit, or which may accrue against, be charged to or recovered from said city from or by reasons or on account of any act or thing done or omitted or neg- lected to be done by the grantee in and about the construction, re- construction, maintenance, use and removal of the structure and the restoration of the city parking lot as herein required. Said insur- ance coverage shall be continuing and in effect until the structure authorized herein is removed and the public way is restored as here- in required. The prevailing party in any suit to enforce any provision of this permit snail be reimbursed by the other for its costs and expenses, including reasonable attorney's fees and costs, expended to commence and maintain the suit. DATED this OtLday of \Do-U.-AA- , 1982 ACCEPTANCE BY THE BENTON-FRANKLIN PUBLIC TRANSPORTATION BENEFIT AREA AUTHORITY. BY: TITLE: COUNTY OF Frank Lin Ordinance No 2415 AN ORDINANCE amend , ing Ordinance 2396 and re lating fo Bus Passenger Shelters THE CITY COUNCIL OF THE CITY PASCO WASH INGTON DO ORDAIN AS FOLLOWS Section One Permission and authority hereby are given and granted to the Ben ton-Franklin Public Transpor tation Benefit Area Authority (the grantee) a municipal corporation orgainzed and existing under the laws of the State o4Washington upon the terms and subject to the conditio -s of this ordinance to install .;naintain repair re place and use a bus pas senger shelter at the specific locations within the public way of the City of Pasco as shall hereafter be set forth and described in a resolution passed by the Pasco City Council Each such bus pas- senger shelter shall be con structed in accordance with the drawings attached to this ordinance as exhibits and which by this reference are incorporated herein as if spe cifically set forth Each bus passenger shot ter shall be maintained and used in accordance with the ordinances of the City of Pasco and the directions of the Director of Public Works for the City of Pasco or his designee The grantee should keep that portion of the public way under said bus passenger shelters in good condition and repair safe for public use and free from snow ice and debris to the satisfaction of the Public Works Director of the City of Pasco Section Two This ordi nance is subject to amend ment modification or repeal and permission and authority herein granted may be re yoked by the city council in its decretion at any time without the consent of grantee upon the giving of sixty (60) days notice to the grantee of the date and time the city council sets to consider such action provided however in the case that the city council de termines in its discretion the immediate amendment mod ification or revocation of this ordinance or of the perms sion and authority granted herein IS necessary for the public health education or welfare then the giving of the 60 days notice is unneces sary Upon termination of the privilege herein granted by lapse of time or otherwise the grantee without cost or expense to the City of Pasco shall remove the structures herein authorized and restore the public way where dm turbed by said structures or by the removal thereof to a proper condition under the supervision and to the satis faction of the City of Pasco Public Works Director and in accordance to the city munic ipal code Each said bus pas senger shelter shall be used only for such purposes nor mally attended with the con struction and operation of a bus passenger shelter and stop The grantee shall be solely responsible for the construction upkeep main tenance repair and demob tion of each said shelter Each soelter shall comply with all Ity codes and build ing ordinances the designs shall conform to the drawings attache d to this ordinance and shall be subject to all mu mopel code requirements In the event of the failure ne- glect or refusal of the grantee so to do the City of Pasco will have the choice of either per forming said work and charg log the cost thereof to said grantee or determining what the cost of said work shall be in billing the grantee for said cost Section Three The insur ance company and the grantee as provided in Sec 'bon Four will hold and save the City of Pasco harmless from any and all liability and expense including Judgments costs and dam ages for removal relocation alteration repair mainte nance and restoration of any such structure herein autho nzed and from any and all damages thereto on account of the location construction alteration repair or mainte nance of any of the public ways sewers water mains conduits pipes poles and other utilities For the City of Pasco to recover from the grantee under this section it is not necessary that the City of Pasco first make said re moval relocation alteration repair maintenance or re storation The Director of Public Works is hereby au thonzed to determine what costs would be involved to perform said removal reloca tion alteration repair main tenance or restoration and his decision as to the amount shall be final and binditigirn less appealed to the city council within ten (10) cal endar days The grantee upon receiving written notifi cation from the Director of Public Works of the cost of said removal and restoration shall pay immediately said amount upon demand It shall be the responsibility of the grantee to furnish the City of Pasco prior to issuance of any building permit for this privilege a copy or proof of insurance (certificate of in surance) in an amount not less than One Million Dollars ($1 000 000) for public habil ity and One Million Dollars ($1 000 000) for property damage and also to name the City of Pasco as "additio- nally insured" Certificates renewing Insurance must be furnished to the City Clerk no later than thirty (30) days prior to expiration of the pol icy If the grantee fails to maintain repair replace or othermse keep ary such structure in good condition or fail to provide yearly public liability insurance or fail to keep the abutting premises in good condition the City of Pasco upon sixty (60) days notice may remove and de molish any such structure at the sole cost of the grantee The city will given grantee at least give (5) days notice of city council consideration of such removal action Section Four The permis sion and authority herein granted shall not be exer cised until a building permit authorizing any such struc ture shall have been issued by the city and upon the faith ful observance and perfor mance of all and singular the conditions and provisions of this ordinance and condi honed further to indemnify keep and save harmless the City of Pasco against all liabi lities Judgments costs dam ages and expenses which may in any way come against said city in consequence of the permission given by this ordinance or which may ac crue against be charged to or recovered from said city from or by reasons or on ac count of any act or thing done or omitted or neglected to be done by the grantee in and about the construction re construction maintenance use and removal of any such structures and the restoration of the public way as herein required Said insurance coy erage shall be continuing in effect until each of the struc tures authorized herein are removed and the public way is restored as herein re quired Section Five The prevail mg party in any suit to en force any provision of this, ordinance shall be re imbursed by the other for its costs and expenses includ ing reasonable attorney s' fees and costs expended to commence and maintain the suit Dec AFFIDAVIT OF PUBLICATION )ss , being first duly sworn on oath deposes rincipal Clerk of the Tr-City Herald, er is a legal newspaper and has been approved as a tor court in the county in which it is published and in six months prior to the date of the publication the English language continually as a daily news- County, 11 of said time was printed in an office maintained -I of said newspaper That the annexed is a true Bement 2415 caiiiMELICOMIrelticcommencing ,19 82 , and , 19 , and that said o its subscribers during all of this period Dec, ntire issue of the Tr-City Herald itself and not in a one time has been paid in full, also at the rate of 188 0 10 13th Dec, •82 day of ,19 . Section Six Ordinance and for the State of Washington, residing at Pasco No 2396 is hereby amended to read as above provided in Sections One through Five Section Seven This ordi nance shall take effect and be in force five (5) days after its passage and publication as required by law provided said grantee file a written ac ceptance of this ordinance with the city clerk PASSED this 6 day of De cember 1982 and approved by the Mayor S E A Snider Mayor ATTEST s Evelyn Wells City Clerk APPROVED AS TO FORM s Greg A Rubstello City Attorney Legal No 14120 10 1982 _ is and has been good !job and money corn- things you're given?" nksgiving dinner pre if Peru by the Chuck ,iters knew what she for Christmas Ordinance No 2415 AN ORDINANCE amend irig Ordinance 2396 and re lating to Bus Passenger Shelters THE CITY COUNCIL OF THE CITY PASCO WASH INGTON DO ORDAIN AS FOLLOWS COUNTY OF AFFIDAVIT OF PUBLICATION Frarikl 1/1 kodp., ,e46 4):I44/ 4 )ss STATE OF WASHINGTON Phyllis Graves , being first duly sworn on oath deposes she Principal Clerk and says is the of the Tri-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Franklin County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true the people in our tc Mrs Waters has eggs for the feast an ing Mrs Waters hop tertainment "I feel the Lord v, copy of a legal advertisement Ord. # 2415 authorities said The plane, a DeHavilland outh Beaver enroute from Ketchikan light to Craig, crashed about 110 ames p m (PST) near Kasaan, said es Is Trooper Cpl Mike Marrs reople roop- were d the ents, itairliNNINISMOLIDAR813EniatICIORSIWS,!AFIlaMNINVIMIIIIIIIN George Lindholm George "Bill" Lindholm, 52, an employee of Ray-D Ant Cleaners in Kennewick, died Thursday at his home 4810 W 10th Ave , Kennewick He was born in Rapid City, S D , and had lived in the Tin Cities 37 years He was a member of the Co lumbia Kiwanis Club, Kenne wick Eagles No 2485 and Pasco Moose Lodge No 482 He grad- uated from Kennewick High School in 1949 and bowled in the Industrial League in the Tri- Cities for 25 years Survivors include wife Betty, son Willis Lindholm, daughters Karen Sundvik and Diane Lind holm, all of Kennewick, and five ,c ile d grandchildren Sun Services are scheduled at is n Monday in Mueller's Cha pd l of the Falls Burial will be in noon man's Riverview Heights Cemetery Sun Memorials may be made to Hospice in care of Tri Cities Chaplaincy 1149 N Edison St. — —1 olaus member of the irch 1 clude sisters Mrs ;Hoffman, Sunny le (DeLora) Mow- Vick Mrs G H ken Haven, Calif , lard Nickolaus, b , James Nicko- 'rvick, numerous hews scheduled at 10 n Einan's Funeral 1,vill be in Ever y, Benton City call at the funeral Dked habitual offender toxl o girl striking a police Ya boyfriend was arrested Jari James Anderson 24 twd nakezick_cinutna_whilain_CIA Kirk Thomas, co-owner and general manager of the airline, said the pilot gave a position re- port 15 minutes out of Ketchikan and reported no problems "That was the last time we he '1 Vai Ch, Ve We chi an( of , Jr , Mc for died ho) to P Rt, d 38 iten- ig in iland I Le 11COU , and His wind at lEver tome, ,, T •5 I , W , fot Ok ett ‘vh in 1 Wd his! / Pr. of i am the and S rot b o dai br9 vio, S a n t h c Gr, ,en Nickolaus, 74, E Life Care Center, ser ly in Our Lady of al 'n in Olds, loN,va ..farm in Richland ..n to Benton City i ,eturned to Rich le was a warehou i en tral Stores in 'mg from ITT in Ge ded Wd Go' wa Ind red thd be thl ne 11Q ar as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a one time supplement thereof, for a period of on the 10th da y of Dec, calillaillni.WeXic commencing ,19 82 , and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 1 88 e 1 0 28i in.@ .6.60 = 188 0 10 has been paid in full, also at the rate of ,19 82 Subscribed and sworn to before me this 1 3th day of Dec. Notary Public in and for the State of Washington, residing at Pasco FINANCE DEPARTMENT (509 545-3401 Sran 726 3401 P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 December 7, 1982 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Attn Sue Bateman Dear Sue Please publish the attached Ordinances on the following date December 10, 1982 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew