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Home My Public Portal AboutOrdinance 870ORDINANCE NO. 870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADDING CHAPTER 13.22 TO THE BEAUMONT MUNICIPAL COD "REGULATION OF CITY -OWNED RAILROAD TRACK" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, VERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 13.22, entitled "Regulation of City -Owned Railroad T . " is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibi which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED, PASSED AND ADOPTED this 5th day of October , 21104. CITY OF BEAUMONT CERTIFICATION I, sV..f1,A,d p; ( Cit}/ Clefk of the City of Beaumont, do hereby cert that the foregoing Ordinal& was inti'dduced at a regular meeting of the City Council held on Sept. 21 , 2004, and was duly adopted upon second reading on Oct . 5 2004, upon the following roll call vote: AYES: Council Members Fox, Berg, DeForge, and Killough. NOES: None. ABSTAIN: None. ABSENT: Mayor Dressel. CITY OF BEAUMO By (SEAL) City Clerk Sections: Section 13.22.010 Section 13.22.020 Section 13.22.030 Section 13.22.040 Section 13.22.050 Section 13.22.060 CHAPTER 13.22 REGULATION OF CITY -OWNED RAILROAD TRACK Definitions. City Track Permit Required. City Track Use Permit: Application. Annual Fees. Prohibitions. Penalty. Section 13.22.010 Definitions. 8/23/04 For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted: A. "City Track" — means and includes the following portions of City -owned railroad track located at or near Milepost 562.6, Yuma Subdivision of the Union Pacific Railroad Company ("UPRC"), as more particularly described in that certain "Industry Track Contract" dated June 25, 2001, between the City and the UPRC, as it presently exists and may hereafter be amended. B. "City Track Use Permit" — means and includes a permit issued by the City to a person or business authorizing such person or business to use the City Track for the loading and unloading of goods. Section 13.22.020 City Track Permit Required Any business, business owner or other person desiring to use the City Track shall first apply for and obtain a City Track Use Permit. Section 13.22.030 City Track Use Pennit: Application. A. Any business, business owner or other person desiring to use the City Track shall make application therefor and pay the prescribed application fee to the Planning Director. The application shall set forth the following: The name, business address and telephone number(s) of the applicant; 2. A description of the activities which the applicant proposes to conduct on and about the City Track, including a description of the vehicle(s) which the applicant proposes to use to load and unload railroad cars; 3. The number of times per day, week, month or year, whichever is appropriate or applicable, that the applicant intends to use the City Track; 4. Proof of insurance, including general liability insurance, automobile insurance and workers compensation insurance; and 5. Such additional information as the Planning Director may require. Section 13 22 040 Annual Fees Each and every City Track permittee shall pay the following fees annually: A. Annual Regulatory Fee: this fee shall be levied and collected for the purpose of defraying the cost of the administration of City Track permits, and the inspection and monitoring of City Track usage. B. Annual Use Fee: this fee shall be levied and collected at least annually and shall be based upon the number of railroad cars utilizing the City Track. Proceeds from the Fee shall be used for the operation, maintenance and replacement of the City Track. C. Fee Schedule: the City Council shall adopt, from time -to -time, a resolution establishing a Fee Schedule for the Application Fee, the Annual Regulatory Fee, and the Annual Use Fee. Section 13.22.050 Prohibitions. A. No person shall utilize the City Track for loading or unloading purposes without first obtaining from the Planning Director a permit therefor. B. No person shall allow any materials, commodities, bulk materials or other substance, whether liquid or solid, to be deposited on the ground in or around the City Track. In the event of a spill or other deposit, the permittee shall take all steps necessary to imrnediately clean up such spill or deposit, and shall call the City Building Department for an inspection. C. No person shall utilize the City Track in a manner that will damage the City Track or any appurtenant or adjacent facilities including, without limitation, docks, ramps and adjacent surfaces. D. No permittee shall use the City Track in violation of this Ordinance or the provisions, terms and conditions of any City Track permit issued hereunder. Section 13.22.060 Penalty. Any individual violating any provision of this Chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a 2 separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted. Any individual • nvicted of a violation of this Chapter shall be: (1) guilty of an infraction offense and punish. a by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infr. ion offense and punished by a fine not exceeding two hundred dollars ($200.00) for a : . nd violation of the same Chapter provision and perpetrated by the same individual. The hird and any additional violations on the same Chapter and perpetrated by the same individual :hall constitute a misdemeanor offense and shall be punishable by a fine no exceeding one ousand dollars ($1,000.00) or six (6) months in jail, or both. Notwithstanding the above, a fi st offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein sh. 1 not relieve an individual from the responsibility for correcting the violation. 3 CITY OF BEAUMONT INDUSTRIAL RAILROAD TRACK ANNUAL USE FEE CALCULATION I. Present Value P = $1151809 Future Value F = Inflation @ 3% = i (interest) Period 50 Years F = P(1+i)5° F = $1151809 (1+.03)5° _ $1151809 (4.3839) = $5049422 II. Cost to rebuild at the end of 50 Years = F = $5049422 Interest Rate = i = 6% Annual End of Period Amount Installment A=F $5049422 i (1+ i)50_1) .06 (1.06)50_] $17391.65 = $17,392 City of Beaumont Industrial Railroad Track Admninistration and Manitenance Cost Estimate Annual Regulatory Fee Administraion of Permits Monitoring of Permits Subtotal Annual Permit Fee per Car $780 $900 $1,680 $2 Annual Use Fee Replacement Fund $17,392 Annual Replacement Costs Per Car $19 Total Regulatory and Use Fee $21 Assumptions: Track Construction Cost $1,151,809 Track Replacement Cost $5,049,422 Depreciation Period 50 Annual Depreciation Cost $17,392 Hourly Inspection Cost $45 Hourly Administration Cost $65 Administration Hours per Load 0.20 Inspection Hours per Load 0.20 Annual Monitoring Hours 20 Rail Cars Spoted Annually 930 Permits Per Year 12 8/23/04 PERMIT TO USE CITY OF BEAUMONT RAILROAD TRACK Name, Address and Telephone Number(s) of Permittee: Date of Issuance: Term of Permit: This Permit shall be automatically renewed on its anniversary date provided that the Permittee is not in violation of Chapter 13.22 of the Beaumont Municipal Code or the previous Permit, and that the Annual Renewal Fee, as established by Resolution of the City Council, is paid prior to such anniversary date. In the event such fee is not paid, this Permit shall be automatically revoked, without further notice or liability. 4. Number of Railroad Cars Per Year (CPY): Fees: Application Fee: $55.00 Annual Regulatory Fee: $19.00 x CPY = $ Annual Permit Fee: $ 2.00 x CPY = $ Total Fees $ Terms and Conditions of Use: a. INDEMNIFICATION: PERMITTEE SHALL, TO THE MAXIMUM EXTENT ALLOWED BY LAW, RELEASE, INDEMNIFY, HOLD FREE AND HARMLESS, ASSUME LIABIILTY FOR, AND DEFEND THE CITY, ITS AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, REASONABLE INVESTIGATIVE AND DISCOVERY COSTS, COURT COSTS AND ALL OTHER SUMS WHICH THE CITY MAY BECOME OBLIGATED TO PAY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACTIONS OR ACTIVITIES OF THE PERMITTEE RELATING TO, ARISING OUT OF OR OCCASIONED BY, THE USE OF THE CITY TRACK. CITY AND PERMITTEE ACKNOWLEDGE AND AGREE THAT THIS INDEMNIFICATION IS IN ADDITION TO ANY INSURANCE COVERAGE THAT MIGHT APPLY. b. Permittee shall maintain in full force and effect throughout the term of this Permit, general liability insurance coverage of not less than $1,000,000.00, automobile liability insurance of not less than $1,000,000.00, and workers compensation insurance. Dated: c. Permittee shall provide its own material handling equipment necessary to load and unload railroad cars. d. Permittee shall not use, or permit the use of, material handling equipment that may damage the City Track or appurtenant facilities and adjacent surfaces, such as concrete and asphalt paving. In the event of such damage, permittee shall report the same to the City Planning Director and shall take all steps necessary to repair such damage. e. The permittee shall keep the area on and adjacent to the City Track in a neat and broom -clean condition. The permittee shall not permit the deposit of any material of any kind or nature on the City Track or adjacent surfaces. f. Violation of any provision, term or condition of this Permit may result in revocation of this Permit. CITY OF BEAUMONT By Planning Director 2