HomeMy WebLinkAbout2453 OrdinanceORDINANCE NO. 2453
AN ORDINANCE amending Ordinance 2396 as amended by
Ordinance No. 2415 and relating to Bus Passenger Shelters and
Benches
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 or bench
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
or bench shall be constructed in accordance with the drawings
attacned to this ordinance as exhibits and which by this reference
are incorporated herein as if specifically set forth.
Each bus passenger shelter or bench 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 or bench 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 or bench shall be used only for such purposes
normally attended with the construction and operation of a bus
passenger shelter or bench and stop. The grantee shall be solely
responsible for the construction, upkeep, maintenance, repair and
demolition of each said shelter or bench. Each shelter or bench
shall comply with all city codes and building ordinances, the
designs shall conform to the drawings attached to this ordinance,
and shall be subpect 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 billing 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 judge-
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 of proof of insurance (certificate of insurance) in an amount
not less that 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 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,
ve n Wel s, City Clerk
judgements, 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
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 as amended by Ordinance
No. 2415 and relating to Bus Passenger Shelters and Benches 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.
PASSED this //6 day o , 19 73 , and
approved by the Mayor.
E. A. ayor
ATTEST-
APPROV D AS TO FORM.
if J
F.,111/61
Greg A bs ello, City A torn v
AFFIDAVIT OF PUBLICATION
COUNTY OF Benton
)ss
STATE OF WASHINGTON
Julia Long , being first duly sworn on oath deposes
and says she is the principal clerk of the Tr-City Herald,
a daily newspaper That said newspaper is a legal newspaper and has been approved as a
legal newspaper b y 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 Benton 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
cop y of a Legal Advertisement
Ord 2453 summary
as it was printed in the regular and entire issue of the Tr' City Herald itself and not in a
supplement thereof, for a period of one consecutivelier commencing
on the 29th day of May ,19 83 , and
1 9 th ld ending on the 19 day of May , P 3 , and that said
newspaper was regularly distributed to its subscribers during all of this period
0 That the full amount of $ 19.8 has been paid in full, also at the rate of
3 inches @ $6.60
Subscribed and sworn to before me this 23 day of May ,19 83
(71e10(e--t-c,C._
Notar y Public in and for the State of Washin g ton residin g at Pasco
CITY OF PASCO
SUMMARY OF
ORDINANCE NO 2453
I ORDINANCE NO
2453 is an rr.dinance relat-
ing to the use of public I
right of way by Ben Frank I
lin Transit Authority (BFTA)
for bur: passanger shelters
and b ,ches II ,,RDINANCE NO
2453 amends Ordinance
241 to include permtssion
for tr -BFTA to locate bus
passenger benches on
public right of way in
accordance with the condi
tion and stipulations set
\
forth in Ordinance 2415
III The effective date of
Ordinance No 2453 will be
five (5) days after publics
lion of the summary con
tamed hereinabove
\IV A copy of the full text
of Ordinance No 2453 will
I be furnished by the city at
\noAcpst to,apy penon rhp
re jets th -mita 1 l'IgW)9PY
of av *i.s.” MS ,
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\rec,.t ,Itt ir Do I A
the City :2, tl a Cit,
Pasco 412 Wes. Clark
Street (P 0 Box 293)
Pasco Washington 99301
Legal No 15166 - May 19
k 1983
xre -
CITY r of
I ,flL
,,,
FINANCE DEPARTMENT
(509) 545-3401
Scan 726 3401
P
P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
May 17, 1983
Tri City Herald
P 0 Box 2608
Pasco, Washington 99302
Attn Sue Bateman
Dear Sue
Please publish Ordinance Nos 2452, 2453 and 2454 on the
following date
May 19, 1983
Please send two (2) Affidavits of Publication for each
Sincerely,
Evelyn Wells
City Clerk
ew