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HomeMy WebLinkAbout2033 Ordinance - Recorded393752 ORDINANCE NO. 2033 AN ORDINANCE granting to the Port of Pasco, a municipal corporation, and accepted sub -permittees, a non-exclusive franchise or permit to lay and maintain pipelines for the transmission of diesel fuel and petroleum products under a portion of Washington Street in the City of Pasco for a term of forty (40) years, subject to the terms and conditions specified. THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. The City of Pasco, Washington, a municipal corporation, hereinafter referred to as "the city" grants to the Port of Pasco, a municipal corporation, hereinafter referred to as "permittee", permission to place, lay, maintain, and operate four (4.) pipelines under and along West Washington Street from the westerly right of way line of South Ninth Street to the westerly right-of-way line of the Burlington Northern Railroad Main Line, as now shown on the Plat of Riverside Addition to Pasco, as recorded in Volume -."B" of Plats, page 44, records of Franklin County, Washington, together with that portion of the south ten (10) feet extending from the westerly right-of-way line of Railroad Street to the north -south center of section line Section 32, Township 9 North, Range 30 East, W.M., as now shown on the Plat of Gray's East Riverside Addition to Pasco, as recorded in Volume "B" of Plats, page 21, records of Franklin County, Washington. Said pipelines are to be located at a minimum depth of forty-two (42) inches ,below the current.streat.level Three pipelines (pipelines A, B, and C) shall be only for the transmission of petroleum products, not to include natural gas, from the Port of Pasco docks on the Columbia River to the storage facility on the Snake River for later distribution to the public. A fourth pipeline (pipeline D) shall be only for the transmission of diesel fuel from the Port of Pasco docks on the Columbia River to the existing Burlington Northern Railway yard for use. The permissions granted herein is subject to all of the terms and conditions contained in this ordinance and is'effective only upon the permittee's written acceptance of this document as an agreement. Section 2. This license or permit is for a public service and to serve the general welfare and interest of the public. The permission granted herein is for the use and benefit of the permittee and any sub -permittee. Section 3. Acceptance of this permit subject to its terms and conditions shall be an agreement between the city and any party accepting the agreement. Section 4. The rights and privileges granted by this ordinance 0.2 shall not be construed or held to be exclusive. The city reserves the right, at any time during the term of this permit, to grant to any other person, firm, corporation, or entity such rights and privileges as it may grant in the exercise of its control of its streets, property, C%2 39375.2 SAM or public places with regard to the same property which is the subject of this permit. The permittee or any sub -permittee agrees that it does not have and shall not claim at any time any interest or estate of any kind or extent whatsoever in the premises by virture of this permit. Section 5. This permit shall be for a term of forty. (40) years from February 22, 1979, except as provided herein. The city reserves the right to terminate this permit if the use of this permit by the permittee or sub -permittee poses a serious threat to the safety and well-being of persons or property. If the permittee or any sub -permittee fails to comply with any laws or regulations governing the pipelines and their use, the city may terminate this permit. The city may terminate this permit for any failure to comply with its terms and conditions. The rights of the parties to continue in this location should the city vacate the street shall be determined by the law. In the granting of this permit the city does not -.warrant that there is,a right of..continuation. Section 6. It is agreed that this permit is personal to the permittee or any sub -permittee and may not be transferred or assigned to anyone in any manner and shall not inure to the successors or assigns of the permittee or any sub -permittee except with the prior written permission of the city and the written acceptance by the person of the terms and conditions of this agreement. When the city allows a sub -permittee as provided herein, no permittee or sub -permittee shall exchange compensation directly or indirectly amongst themselves for the grant of permission. Section 7. The city does not warrant or represent that the premises are safe, healthful, or suitable for the purpose for which they are permitted to be used by the terms of this ordinance. The city's consent to any sub -permittee does not relieve the permittee of any duty or obligation imposed upon it under the terms of this ordinance. The permittee shall be responsible for any duty or obligation imposed on any sub -permittee by the terms of this agreement. Section 8. In the installation, maintenance, construction, and use of the pipelines, the permittee and any sub -permittee shall use every reasonable and proper precaution to avoid damage or injury to persons or property and shall at all times and under all circumstances hold and save harmless the city, its officers, employees, and agents from each and all such damage, injury, loss, cost,.or expense caused or occasioned by reason of any act, or failure to act by the permittee Com? or any'sub-permittee involved, or by any of their officers, employees, or agents in connection with its installation, maintenance, constructiovo and use of the pipelines. It is further agreed that if a claim is a made or suit is brought against the city, its officers, employees, or 10ax agents on account of the permittee's or sub-permittee's installation, maintenance, construction, and use of the pipelines, the permittee and any sub -permittee involved shall defend all such claims and suits and W --i pay the final judgment, if any, resulting therefrom, and shall at the option of the city be made a party of any such court proceeding. 39375? 5? -3- 393'52 The permittee and any sub -permittee shall provide written evidence to the city of a certificate of general liability insurance. The permittee may provide this itself or from its sub -permittee. Any policy shall provide for 30 -days written notice to the city of its calcellation. Any policy shall be a combined single limit of not less than one million dollars ($1,000,000), including coverage for bodily injury, property damage, and contractual liability. The city may change the amount of the limit to maintain it in relation to changes ih the consumer price index for the United States or some other reasonable indicator of the cost of living. Ninety (90) days written notice of such a change shall be given the parties to this agreement. The city at its option may accept by action of the council in writing other security. Section 9. The permittee warrants that the installation, maintenance, and operation of the pipelines, their construction and the materials used therein, are in accordance with good engineering practices and standards for the manner in which they will be used. Any sub -permittee warrants the same for the pipelines(s) in which it is involved. Section 10. Nothing in this ordinance shall be deemed or construed to limit the power of the city to construct or maintain public improvements and whenever in the prosecution or maintenance of such improvements it becomes necessary or convenient to require the readjustment or relocation of any of the pipelines located in or upon the premises described herein, the same shall be done by and at the sole expense of the permittee and any sub -permittee involved. Section 11. The installation, maintenance, relocation, removal, or other act done with regard to the pipelines shall be done in such a manner so as not to interfere with the improvements the municipality may deem proper to make or to unnecessarily hinder or obstruct the public use of the premises, and all costs associated with the same shall not be the responsibility of the city. The permittee or any sub -permittee shall promptly repair and restore the premises that are the subject of this ordinance to as good as condition as the same were prior to their being disturbed as a result of the installation, maintenance, relocation, or use of the pipelines. Any work done that involves the premises described herein shall be done in accordance with applicable ordinance of this municipality which may now be in effect (Pasco Municipal Code Chapter 12.24) or enacted in the future. The city manager may waive any fee bond, or insurance requirement contained in such ordinances. Section 12. Acceptance of the terms and conditions of this00 ordinance as an agreement by the permittee or sub -permittee must be LJ accompanied by proper acknowledgements and evidence that the person a� accepting has the authority of the entity he represents. 012 Section 13. Upon proper acceptance the city grants permission T-4 to Columbia Marine Lines as sub -permittee for pipelines A, B, and C and to Burlington Northern Railway Company as sub -permittee for pipeline D. 39375:2 393'75,2 -4- Section 14. This ordinance shall take effect five days after its final passage by the council and being signed by the mayor of the city, and its publication as required by law. No permission is granted until the permittee or any sub -permittee has properly executed a written acceptance. Acceptance must be within ninety (90) days of the effective date of this ordinance for the permittee and the sub -permittees accepted herein. Subsequent sub -permittees to which the city may give its consent must accept within ninety (90) days of such consent. PASSED by the City Council of the City of Pasco this 20 day of February , 1979. APPROVED AS TO FORM: Dennis J. D Felice, City Attorney STATE OF WASHINGTON) het Bailie, Mayor :ss. County of Franklin ) On this - day -of 1979, before me, the undersigned,.a Notary Public in and f r the State of Washington, duly commissioned and sworn, personally appeared Chet Bailie and Evelyn Wells to me known to be the Mayor and City Clerk, respectively, of the City of Pasco, the corporation that executed the foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument as evidenced by the corporate seal'of: said .corporation which is attached hereto. n v/t _ Witness my hand and official seal hereto offixcd=A day aril=; year first above written.Ln Notary Py LVO i VI anc"_ • th -' Stat -e of'"� Washington, residingi''a*';,pry J D Ir �393'7� RESOLUTION NO.. X393.752 646 BE IT RESOLVED by the Commissioners of the Port of Pasco: That the Port of Pasco signify its willingness to abide by the terms and conditions of Ordinance No. 2033 of the City of Pasco relating to a franchise for pipelines in Washington Street, by the signed acceptance thereof on the form provided, by the President of the Port Commission BE IT FURTHER RESOLVED, that Columbia Marine Lines, and Burlington Northern Railway Company be and they are hereby expressly accepted and designated as sub -permittees under said franchise. DATED this 8th day of March, 1979. OF OFF101AI. RECORDS UENT OF JUL 2 F 1d CO PUTt �L icy: ?e,Xss� Tas�ol 19.1'7S 2 393'752 FORM OF ACCEPTANCE I, J. C. Kenady, Vice President of Burlington Northern Inc., sub -permittee for pipeline D, hereby accept and agree to the terms and conditions of Ordinance No. 2033 as the agreement governing the permission granted therein. Dated this 17th day of April , 1979. STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this 17th BURLINGTON NORTHERN INC. BY --Vide Pre dent J> ATTEST: BY As istant 8,p"er it-ary,n day of April , 1979, before me personally appeared J. C. Kenady and G. F. Steinhibel , to me known to be Vice President and Assistant Secretary of the corporation that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and, purposes therein mentioned and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _ J. W. THAYER NOTARY PUBLIC - MINNESOTA RAMSEY COUNTY My Commission Expires Nov. 17,1985 mrrvenrn1111x NotaW Public in' d for the Stag of Minnes 'a, residing at St. Paul. 393'75', 10% 39375 FORM OF ACCEPTANCE I, Raymond G. Jubitz , General Manager of Columbia Marine Lines, sub -permittee for pipelines A, B, and C, hereby accepts and agrees to the terms and conditions of Ordinance No. 2033 as the agreement governing the permission granted therein. Dated this 6th day of July 1979. COLUMBIA ZWE LINES By: STATE OF WASHINGTON) :ss. County of Q%qM ) On this 6th day of July 1979, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Raymond G. Jubitz to me known to be the Gen Mgr. of Columbia Marine Lines, the corporation that executed the foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument as evidenced by a certified copy of the minutes of the corporation attached hereto, and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. 4 010 Notary Pu n and for the State of Washington, residi ncx at Vancouver. T-. Mir . C ' }i t �! � f i 1�i /. •`a d . t'titiil`t- 39375.E Go cn 00 U 4 1� C -t c