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Home My WebLink AboutORD 2534 L .. � .. . * , �,,! .,% . , �,� i . . . -ti ORDINANCE NO.�,��t� . i AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO EL PASO NATURAL GAS COMPANY, A CORPORATION, ITS SUCCESSORS AI�fD ASSIGNS, THE RIGHT, PRIV.ILEGE, AUTHORITY AND FRANCHISE TO LOCATE, LAY DOWN, CONSTRUCT, MAINTAIN, OPERATE, ALTER, REMOVE, REPLACE AND REPAIR ONE OR MORE PIPE LINES, TOGETHER WITH EQUIPMENT AND APPURTENANCES THERETO FOR THE TRANSPORTATION OF NATURAL GAS, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED ROADWAYS AND PUBLIC PROPERTIES OF THE CITY OF, RENTON, STATE OF WASHINGTON BE IT ORDAINED BY TAE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON AS FOLLOWS: Section l: There is hereby given and granted unto E1 Paso Natural Gas Company, a Delaware Corporation, its successors and assigns for a period of 10 years from the taking effect of this Ordinaace, the right, privilege, authority and franchise �. to lay down, const�uct, operate, maintain, replace, alter, remove and repair one or more pipe lines, together with all equipment and appurtenances thereto, for the transportation of natural gas under, below and through certain public right of ways and other public , lands within the City of Renton but such construction, installation and maintenance of anq and all such pipe. lines to be limited' to a width of five feet (except during � periods of construction and repair) under, below and through said public right of ways and otber public properties, all as more particularly described on the attached list marked Exhibit "A", which is made a part hereof and incorporated herein. Section 2: This Franchise is granted upon the express condition that it shall not be deemed or held to be an exclusive Franchise and shall not in any manner prevent the Citq of Renton from granting other or further franchises in; along, over, through, uader, below or across aaq of said right of ways, streets, avenues or.all other public laads and properties of every type and description; and such franchise shall in no waq prevent or prohibit the City of Renton from using any of said roads, streets or other public properties or affect its jurisdiction over them or any part of them, with full powez to make all necessary changes, relocations, repairs, maintenance, establish- ment, improvement, dedication of same as they may deem fit, including the dedication, establishment, maintenance and improvement •of all new right of ways and thoroughfares and other public properties �of every type ax�� description. E1 Paso Natural Gas Company, as Grantee herein, agrees and covenants at its sole cost and expense, to protect, support, temporarilq disconnect, relocate or remove from any street any of its installations when so required by fihe City,of Renton by reason of traffic conditions, dedications of new , right of �aays and the establishment and improvement thereof, freeway construction, - 1 - � . � . r � . 1 � __ , �a ., � . o e � r � ` • change or establistunent of street grade, or the construction of any public im rovement. Provided that Grantee shall in a1Z such cases have the privilege to P temporarily by-pass, in the authorized portion of the same street upon approval by the City of Renton, any section of pipe line required to be temporarily disconnected or removed. Section 3: All construction, and installation work whenever same crosses any of the public properties described in Exhibit "A" hereto, shall be done under the supervision of and upon the inspection of the City Engineer, and Grantee shall timely submit unto the City Engineer, prior to any such work, detailed plans and specifications of any such proposed work. The location of any franchised property in a street or other � public area shall be subject to the approval of the City Engineer and such approval shall _ be given in writing. Section 4: This Ordinance shall be void if Grantee �hall not within thirty days of the adoption of this Ordinance file its written acceptance thereof with the Clerk of the City of Renton. All costs of publication for said Franchise shall be borne, in addition to all other fees, by Grantee. Section 5: The Grantee, its successors or assigns shall commence construction work under this Franchise within one year from and after the date of passage thereof and all such work shall be completed with the greatest amount of dispatch so as to reduce any interference with vehicular and pedestrian traffic and the public safety and welfare to a minimum. If at the end of three qears from and after the gxanting of this Franchise, the Grantee, its successors or assigns, shall not have laid, constructed and have in operation upon any of the aforesaid streets and right of ways such pipes and appurtenances thereto, then in that event the rights hereby conferred upon the Grantee shall automatically cease and terminate. Section 6: All pipe and other compoaents of any pipe Iine, and appurtenance thereto, to be placed within anq street right of way or other public property shall be i designed, manufactured and installed i�a accordance and in full compliance with the provisions and terms of the "U.S.A. Standarci Code for Pressure Piping" (USAS B 31.� 1968) as published by the American Society of Meehanical Engineers, and as said Code may be amended from time to time, and according to the Washington Utilities and Transportation Commission Consolidated Cause Nos. U-8799 and U-8800, as amended July 15, 1968. After initiaZ installation of any pipe under �his Franchise, such pipe shall be sub�ected to a pressure test as provided for in the aforesaid Code and within the pressure limitations described therein before such pipe is placed in operation. Furthermore, all zepair or 4 - 2 - �� , . j' � k I � u � � i . � �I. • � . ,_ w renlacement of any pi e shall be sub ect to the rovisions of h �' I� P � p t e aforemer�ioned codes. Grantee sha11 furnish unto the City periodic reports of all pressure tests made as hereinabove specified. �. Section 7: During any period of construction all surface structures, if any, shall be erected and used in such places and positions within said public right of ways and other �public presperties so as to interfere as little as possible with the free passage . ; of traffic and the free use of adjoining property and Grantee shall at all times post and maintain proper barricades during such period of construction as required by the laws and. statutes of the State of Washington. All pipe lines constructed and installed by Grantee I within the 'City of Renton shall be located, buried and installed to a depth as provided I for in the aforesaid Code, the laws of the State of Washington and the Ordinances of the Citq of Renton, now or hereafter in force, regulating such installations. Grantee shall establish and maintain at all times adequate facilities on the portion of each pipe line installed under the authority of this Franchise, and elsewhere on the same pipe line, to promptly localize operating troubles and to minimize the effects thereof, whether on City' streets or on their use by the public. Every portion of pipe line when installed or replaced under authority of this Franchise shall contain i adequate cathodic protection, and such pipe line shall further be protected by section- I alizing block valves spaced at no greater distance than prescribed by the aforesaid Code. Section 8: Grantee, its successors and assigns, hereby agrees and covenants to promptly repair any damage to Citq property of every type .and nature and all other City improvements .caused by Grantee's construction or repair work during the life of this Franchise; should it be necessary to make any excavation within any public right of way in the laying, constructing, maintenance, removing, replacing, altering or repairing of � any such pipe line or structure, Grantee shall without delay and at Graretee s sole cost and expense, restore the surface of said right of way or other public property to as near as possible the condition as same was in imr�4diately prior to aaay such installation and construction. Gxantee shall comply with a.�l Ordinances an�i regulations of the City of Reaton, Washington rcegarding such excavu:.ion and whenev�r d�erned nec�ssa�y by th� Ci�y ' Engineer shall be required to post a p�r�ormance bond in favor of the City warranting, '' amoag other things, that such restoration work will be doa�e promptly and in a proper, workmanlike manner. - 3 - ' J 1 I �' �r ' � ` � M 1 ♦ I Section 9: Grantee, its successors and assigns, agrees and cnvenants ta indemnify and hal.d harmless the Citp o.f Renton from and against any and all liability, , loss, cpst, damage, whether ta person ar property, or expense af any type or nature c�hich may accrue to the City by reason .af the construction, operation, maintenance, I repair and alteration of Grantee's facilities; provided, hnwever, that in case any I �I sui.t or action is iastituted against the City by reason of any such damage or injury, ' the City shalZ cause written not#.ce thereof ta be given unto GranCee and Grantee ' thereupan shall have the duty Co defend any such suit ar action, without cosC or expense to the City. Sectian 10: In case of failure on the part of the Grantee, andlor its successars and assigns, to complp with anp af the provisians af this ordinance, or i.f the Grantee, and/or its successors and assigns, do or cause to be done any act ar thing I I� � prohibited by, or in vialation of the terms of, this franchise ardinance, the Grantor � shall give thirty {3p) days' writtezi notice af such violation and of its intention to revoke the franchise if such violatian is nat corrected wi�hin such thirty (30} day , period, and upan the expiration of such thirty {30) day period and fai2ure af the Grantee � to eliminate such violation, the Grantee, and its successors and assigns, shall forfeit ali rights and privileges granted by this ordinance and all of its rights thereunder sha21 cease and determiue. Upon such forfeiture the Cxty shall have the right to require Grantee to remave any and al1 of its pipes, appurtenances and equipment within the City of Renton, all at Grantee's cast and expense, and to promptly and timelp restare a1I. raads and ather public proper.ties to their candition immediately prior to ' any snch forfeiture anc3 terminatian. Section 11: The City of Renton reserves unta itself the right and power I � at a�l Cimes to reasonably regulate in the public interest and for the gublic welfara � the esercise of all franchise rights granted herein. Sectiot� }.2: The laying, canstructi�g, i�stallation, maintenance and aperatian of said pipe lines and facilities in connect�on th�rewith shall nat precl�sde the City of Renton, its authori2ed agents, contractors and representatives fram grading, excavating or doing other necessa�y ar public works near, or contiguous ta Grantee's pipe line oz facilities, provided, hoFteveX� that Grantee shall be given forty eight hours written notice .of anq such blasting, grading or excavating so that Grantes may take proper steps to protect its pipe line and facilities, and provided that said work is dane uader the supervision af Grantee's authorized personnel. � (� ��``, - 4 - 1 .� � , '`- �� . � , . � .. , . . . Section 13: Grantee further agxees to ins�all and maintain at all times during the life of this Franehise shutoff and sa£ety valves at Compressor station locations where adequate maintenance crews shall be available; in addition to which adequate fire protection equipment shall' be provided fox at all points of Grantee's system. Section 14: Grantee shall have no recourse whatsoever against the City of Renton for any loss, cost, expense or damage arising out of any provision or requirement of this Franchise or the enforcement thereofe This Franchise does not relieve �the Grantee of any requirement of any City Ordinance, rule or regulation or specification of the City, includiag but not limited to any requirement relating to street work, street excavation permits and fees therefor, or the use, removal or relocation of property and streets. No privilege nor exemption is granted or conferred unto Grantee by this Franchisa except those specifically prescribed herein, and any such privilege claimed under this Franchise by the Grantee in any street shall be subordinate to any prior lawful occupancy of the �treet or any subsequent improvement or installation therein. Section 15: In the event the use of any Franchised property is permanently discontinued, or no "franchise has been`obtained therefor upon expiration of this Franchise, or within thirty days after any termination of this Franchise, then Grantee shall promptly remove from the streets and other properties all of its facilities, other than any the City may permit to be temporarily ox permanently abandoned in place. Section 16: The Grantee shall, within ten aays after the award of this Franchise, file with the City Clerk and at all times thereafter maintain in full force and effect an acceptable corporate surety bond in duplicate effective for the entire term of this Franchise, and conditioned that in the event Grantee shall fail to comply with anq one or more of tfie provisions of this Franchise then there shall be recoverable jointly and severally from the principal and �uz��ty of such bond any damages suffered by the City as a result thereof, includiag the full amount of any compensation, indemni- fication or cost of removal or abandonment of properties hereinabove described, up to the � full amount of the said bond; said cond�.�ion t�s b� a co,:x:inuz�� ob�igation for the duration of this Franchise and tkaereafter until the Grantee has l�.quidated all of its R on which ma have arisen from the acce tance of such obligations with the City of ent y p Franchise by the Grantee or from its exercise of any privilege herein granted. The bond initially filed in accordara�e with `;he requirement of this Section shall be in the amount of Two Thousand Dollars ($2,OOO.o00) o In th� event of substantial change in the - 5 - .a�. . . i , "> _ , - � • , � volvme of street space occupied by franchise properties, the City may permi.t or may requir� a corresponcling change in the amount of such bond. Neither the provisions of this Section or ar�y bond accepted by the Ca.ty pursuant thereto, nor ar�y damages recovered by the City thereunder shall be construed to excuse faithful performance by the Grantee or to l�mit the liability of the Grantee MI under the Franchise or for dam.ages, whether to the City or members of the publ,ic �I genera]1y, either to the �u11 amount of the bond or o�,herr�rise. Section 17: Upon application to the City Council of the City of Renton by Grantee� the Council may authnrize Grantee to in.stall, construct and/or retain in City str8e�ts additiona]. pipe lines, as contm�plated i.n Section 1 hereof, in a manner satisfactory to the City Council; such additional installations shall be subject to a11 of �the terms and conditions of th3.s Franchise and to ar�y such additional conditions �s may be prescribed by the City Council as to ar�y such additions. . 5ecti.on 18: � or before the ].st day of Jarnzary of each year during the term of this �`rancha.se, C�antee sha11 pay unto the City, in consideration of the issuas�,ce of this �'rauchise, a sum equal to the total number of lineal feet of pipeline located within the City Limi.ts of Renton on the first day of January each year multiplied I b�r the rate of �¢ per 1i.neal foot, 'but .�,he m�nimum anrna,al �fee to be paid to the City shal7. not be less thaxi $100.00 3.t1 any event. �O PASSED BY THE. CTTY COUNCIL thi.s '�day of �/ , 1969�. � -_-��,.> J City Clerk �� ll'PRWED BY THE MAYOR this y ��day of ��;, e.�, .�1 , 19�. � � f . Mayo � FSs�t Read3.rig NOV 2 4 , .�,969. , . Ijate of Pub].i.cation as a Proposed Orclinance: DEC � �� Date of Publication: ,1 A h� 2 8 19%U . APPRtYVED AS �0 FORM: � , �rq�� "�, s City Attorney � AcCepted by Grantee� E7. Paso Natural Gas Compar�y� this �day of � 19�• U 0 � EL PASO NA.T `� t� , BY� �. Wm. �F Howard � Attorney-in-Fact _ L � APPFlOLSp �DA EPNi C� . -- -""'iaf..� �arr�� . � . ,� — — - - - - ��. s ' '7� ^ . � �+ . � -c " R a � C� , a.�'.�.. � � I �t ir � EXHIB IT A � E1 Pasa Natural Gas Companyrs pige line crossings af city streets in City of Renton. � � 1. 116�h Avenue S .E. a� intersection with S .E. 160th St. at a point appraximaCely 323 feet North of the SE4 carner of Section 20, Town.ship 23 Narth, Range S Eas�, W.M. � � ( I 2. Pug�t Drive at the Junction of Puget Drive and State � Highway 515 at a poi,nt approximately 749 feet I3ortharly of the South baundary of Sec�ian 20, Township 23 Narth, Range 5 East, W.M., alang State tiighway 515. 1 1 ,� 3. State Highway 515 (Benson Road) at a point approxi.mately � 749 feet Northerly af the South boundary of Section 20, I Township 23 North, Range 5 Eas�, W .M., along' State Highway 5I5. � I 1 4. 144th Avenue South at a goint on the boundary between Sectians 19 & 24, Township 23 North, 12ange 5 East, W.M., said point being approximately 709 feeC North of the SE corner of said Sectian 19. r I � { i � � 4 -� --_- -- - , � �