Chapter 3.24
BURLINGTON NORTHERN (OREGON-WASHINGTON), INC. FRANCHISE

Sections:

3.24.010    Granted – Area designated – Laying track.

3.24.020    Communication and power lines and systems.

3.24.030    Excavations.

3.24.040    Operation of cars.

3.24.050    Crossing protective devices.

3.24.060    Repair and maintenance of streets.

3.24.070    Motive power.

3.24.080    Speed limit.

3.24.090    City laying of public utility services.

3.24.100    Term.

3.24.110    Acceptance deadline.

3.24.010 Granted – Area designated – Laying track.

There is granted to Burlington Northern (Oregon-Washington), Inc., its successors and assigns, the franchise, right, and privilege to erect, maintain, equip, and operate a single railroad or railway track with sidings, switches, turnouts, crossovers, curves, and connections and to run and operate locomotives, passenger, freight, mail, baggage, and express cars along and upon the following named streets and places in the City:

Beginning at the northeasterly boundary line of the City of Albany, the boundary line being the centerline of Cox Creek; thence running southwesterly to Water Street; thence westerly along Water Street to the west end thereof; thence in a southwesterly direction to the west boundary of the City of Albany, said west boundary being the east line of Umatilla Street extended northerly; also, beginning at the northeasterly boundary line of the City of Albany, the boundary line being the centerline of Cox Creek; thence running southwesterly parallel to and northerly to the right-of-way of the Southern Pacific Company to Main Street.

All track or tracks to be constructed under the provisions of this chapter shall be laid flush with the grade of the streets, where the streets have an established grade. When track is laid upon a street where no grade has been established, the track shall be brought to a grade whenever such grade is established by the City. When any established grade is changed by the City, the track shall be changed so as to conform with the grade as so established. (Ord. 4440 § 1, 1981; Ord. 4420 § 1, 1981; Ord. 3871 § 1, 1975).

3.24.020 Communication and power lines and systems.

Burlington Northern (Oregon-Washington), Inc., its successors and assigns, may construct, operate, equip, and maintain telegraph, telephone, power lines, and underground communications systems over, along, and under the streets designated in Section 3.24.010 for the purpose of transmitting messages or power over the lines and systems. For those purposes and for the practical enjoyment of the franchise, Burlington Northern (Oregon-Washington), Inc., its successors and assigns, is hereby authorized to erect poles and string wires or conductors upon poles or other fixtures above the ground or said wires and communications systems may be laid underground in pipes, conduits, or otherwise protected. (Ord. 4440 § 1, 1981; Ord. 4420 § 1, 1981; Ord. 3871 § 1, 1975).

3.24.030 Excavations.

It is lawful for Burlington Northern (Oregon-Washington), Inc., its successors and assigns, to make all needful and convenient excavations in any of the streets designated in Section 3.24.010 under the conditions hereinafter named for the purpose of establishing and maintaining railway, telegraph, telephone, power lines, and underground communication systems; provided, that if the excavation disturbs any of the streets, the same shall be restored to good order and condition as soon as practicable and without unnecessary delay. Burlington Northern (Oregon-Washington), Inc., its successors, lessees, and assigns, shall, during the term of this franchise, keep the track portion of each street in as good condition and repair as the remainder of the street. In case such street is improved by the City, the cost of improving the track portion of such street shall be borne by Burlington Northern (Oregon-Washington), Inc. For the purposes of this section, the term “track portion of the street” means the space between the rails and spaces 18 inches in width running parallel with and adjacent to the outside flange of each rail. (Ord. 4440 § 1, 1981; Ord. 4420 § 1, 1981; Ord. 3871 § 3, 1975).

3.24.040 Operation of cars.

There is granted to Burlington Northern (Oregon-Washington), Inc., its successors and assigns, the right to maintain and operate cars over all private tracks and private property now occupied by it. (Ord. 4440 § 1, 1981; Ord. 4420 § 1, 1981; Ord. 3871 § 4, 1975).

3.24.050 Crossing protective devices.

Burlington Northern (Oregon-Washington), Inc., its successors and assigns, do further agree that in consideration of the grant of the franchise herein given, that should it become necessary at any time in the future to construct or install protective devices in any grade crossing within the area defined in Section 3.24.010, then and in that event Burlington Northern (Oregon-Washington), Inc., agrees to bear any cost of the protective devices that might be assigned by the Public Utility Commissioner or any other agency to the City. “Protective device” means a sign, signal, gate, or other device to warn or protect the public installed at a railroad-highway grade crossing. However, the City shall cooperate with Burlington Northern (Oregon-Washington), Inc., to obtain and utilize all State and federal funds available for such projects. Also, in the event of the passage of a law by the State providing for the apportionment of the cost of maintenance of protective devices, Burlington Northern (Oregon-Washington), Inc., shall have the advantage and benefit of such law. The City shall maintain any required advance warning signs and pavement markings. (Ord. 4440 § 1, 1981; Ord. 4420 § 1, 1981; Ord. 3887 § 1, 1975; Ord. 3871 § 5, 1975).

3.24.060 Repair and maintenance of streets.

Burlington Northern (Oregon-Washington), Inc., its successors and assigns, shall have the right to do all necessary excavating or grading for the repair and maintenance of the streets designated in Section 3.24.010. All portions of the streets so excavated or graded must be replaced in as near their original condition as practicable, and Burlington Northern, its successors and assigns, shall, during the term of this franchise, keep the portions of the streets upon which tracks are maintained in as good condition and repair as the remainder of the street is maintained, for the whole width of the right-of-way between the rails of each track, and for the width of 18 inches on the outside of the rails of each track. In case such street is improved by the City, the cost of improving the portions of those streets last shall be borne by Burlington Northern (Oregon-Washington), Inc. (Ord. 4440 § 1, 1981; Ord. 4420 § 1, 1981; Ord. 3871 § 6, 1975).

3.24.070 Motive power.

The motive power employed for operating cars and locomotives upon such tracks shall be diesel or diesel-electric. (Ord. 4420 § 1, 1981; Ord. 3871 § 7, 1975).

3.24.080 Speed limit.

The rate of speed of all cars shall not exceed 20 miles per hour between grade crossings within the limits of the City. (Ord. 4420 § 1, 1981; Ord. 3887 § 1, 1975; Ord. 3871 § 8, 1975).

3.24.090 City laying of public utility services.

In the event the City is required by public necessity to lay any sewer pipe, water pipe, or other public utility service along or across any street or part thereof on which Burlington Northern (Oregon-Washington), Inc., is hereby granted the privilege to maintain the railroad tracks and appurtenances thereto, the said Burlington Northern (Oregon-Washington), Inc., its successors, lessees, and assigns, will pay to the City the additional cost which the City may incur by reason of the railroad tracks being located in and upon those streets. Any expense incurred by Burlington Northern (Oregon-Washington), Inc., in the maintenance of its railroad tracks and appurtenances thereto, which may be incurred during the time that the City is laying any public utility hereinbefore mentioned, shall be at the expense of Burlington Northern (Oregon-Washington), Inc. (Ord. 4440 § 1, 1981; Ord. 4420 § 1, 1981; Ord. 3871 § 9, 1975).

3.24.100 Term.

All the rights granted in this chapter shall continue and be in force and effect five years from and after the date of the final approval of the ordinance codified in this chapter. (Ord. 4440 § 1, 1981; Ord. 4420 § 1, 1981; Ord. 3871 § 9, 1975).

3.24.110 Acceptance deadline.

All the rights, privileges, and franchise set forth in this chapter are granted upon the condition that Burlington Northern (Oregon-Washington), Inc., its successors and assigns, within 60 days from and after the date of the passage of the ordinance codified in this chapter and its approval by the mayor, files with the City Recorder its written acceptance of its provisions. (Ord. 4440 § 1, 1981; Ord. 4420 § 1, 1981; Ord. 3871 § 11, 1975).