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,
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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
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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
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made or suit is brought against the city, its officers, employees, or
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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