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HomeMy WebLinkAbout2670 OrdinanceORDINANCE NO. 2670 AN ORDINANCE concerning a diesel fuel pipeline crossing Washington Avenue; and amending Ordinance No. 2033. WHEREAS, Ordinance No. 2033 was passed by the Pasco City Council on February 20, 1979, which Ordinance granted to the Port of Pasco and named sub-permittees, permission to place, lay, maintain, and operate four (4) pipelines under and along West Washington Street; and WHEREAS, one of the sub-permittees, Columbia Marine Lines, has since been acquired by Tidewater Terminals Co.; and WHEREAS, Tidewater Terminals Co. desires permission for an additional pipeline for diesel fuel to be installed under Washington Avenue, approximately 150 east of 8th Avenue, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance No. 2033, enacted February 20, 1979, is hereby amended to read 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 feur—f43- five (5) pipelines under and along West Washington Street from the westerly right-of-way lines of South 9th Street to the westerly right-of-way line of the Burlington Northern Railroad main line, as 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 32, Township 9 North, Range 30 East, W.M., as now shown on the Plat of Grays' 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 street level. Three (3) pipelines (pipelines A, B and C) shall be only for the transportation of petroleum products, not to include natural gas, from the Port of Pasco Docks -1- PASSED by City Council and APPROVED by the Mayor this day of Xz e/ , 1987. OE W. JAC ON, Mayor APPROVED AS TO FO n N WELLS, City Clerk RE . RUBSTELLO, City Attorney 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 rail yard for use. A fifth pipeline (pipeline E) shall be used for transmission of diesel fuel between tanks within the tank farm. The permission granted herein is subject to all 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. Section 13 of Ordinance No. 2033 is hereby amended to read as follows: Section 13. Upon proper acceptance the City grants permission to Beiumbta---Marime---L±mes Tidewater Terminals Co. as sub-permittee for pipelines A, B, C and D and to Burlington Northern Railroad Company as sub-permittee for pipeline B E. Section 3. Except as specifially amended above, Ordinance No. 2033 shall remain the same in all respects. Section 4. This Ordinance shall take effect five (5) days after passage and publication. No permission is granted until the Port of Pasco and Tidewater Terminals Co. has properly executed written acceptance. Acceptance must be within ninety (90) days of the effective date of this Ordinance. -2- RESOLUTION NO. BE IT RESOLVED BY THE COMMISSIONERS OF THE PORT OF PASCO: That the Port of Pasco signifies its willingness to abide by the terms and conditions of Ordinance No. 267n , an ordinance amending Ordinance No. 2033 of the City of Pasco relating to a franchise for pipelines on Washington Street, by the signed acceptance thereof on the form provided, by the President of the Port Commission. BE IT FURTHER RESOLVED, that Tidewater Terminals Co., is expressly accepted and designated as a sub-permittee under said franchise. DATED this day of , 1987. FORM OF ACCEPTANCE STATE OF County of of Tidewater Terminals Co., sub-permittee for pipelines A, B, C and D, hereby accept and agree to the terms and condltions of Ordinance No. , an ordinance amending Ordinance No. 2033 as the agreement governing the permission granted therein. DATED this day of , 1987. TIDEWATER TERMINALS CO.: By Name Title SUBSCRIBED AND SWORN TO BEFORE ME THIS , 1987. day of Notary Public for Residing at Commission Expires a ()Lc i.198/ FINANCE DEPT. n curityr LINES V././ TOTAL $ 108 47 149 Cr.ri-Titg BeatId DATE 121187 LEGAL NO 004885 P 0 BOX 2608 PASCO, WASHINGTON (509) 582-1500 99302-2608 ACCOUNT NO 50550 DESCRIPTION Ordinance No 2670 LEGAL ADVERTISING INVOICE SOLD TO City of Pasco P 0 Box 293 Pasco WA 99301 NOTICE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFIDAVIT OF PUBLICATION COUNTY OF BENTON SS STATE OF WASHINGTON JANELLA WINGLE , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by 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 countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a Ordinance No 2670 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 001 time(s), commencing on 121187 , and ending on 121187 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF Notary public in and for the S,tate of Wash- ington, residing at Kenneattek (-2e----el COMMISSION EXPIRES ORDINANCE NO 2870 AN ORDINANCE concern- ing a diesal fuel pipeline crossing Washington Ave- nue and amending Ordi- nance No 2033 WHEREAS Ordinance No 2033 was passed by the Pasco City Council on February 20, 1979, which Ordinance granted to the Port of Pasco and named sub-permittees, permission to place, lay maintain and operate four (4) pipelines under and along West Washington Street and WHEREAS one of the 1 sub permittees, Columbia Marine Lines, has since been acquired by Tidewa- ter Terminals Co and WHEREAS, Tidewater Terminals Co desires per- mission for an additional pipeline for diesel fuel to be installed under Washington Avenue approximately 150 feet east of 8th Avenue, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section 1 Section 1 of Ordinance No 2033 en- acted February 20 1979 is hereby amended to read as follows Section 1 The City of Pasco Washington a mu- -^wviratIon.,,herei- December 8, 1987 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish the attached Ordinance Nos. 2666, 2669, 2670 and 2671 on the following date: December 11, 1987 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew •