HomeMy WebLinkAboutORD 2120FOLLOWS:
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ORDINANCE NO. A-0
F
0146- go? 9.,6
AN ORDINANCE OF THE CITY. OF RENTON, WASH NGTON,_GRANTING UNTO
OLYMPIC PIPE LINE COMPANY, A CORPORATION ITS SUCLESSORS`AND
ASSIGNS., THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISR T0
LAY DOWN, CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR
ONE OR MORE PIPE LINES, TOGETHER a7ITH EQUIPMENT AND APPURtEOANCES
THERETO FOR THE TRANSPORTATION, STORAGE AND HANDLING OF OIL,
AND ANY. BY-PRODUCT THEREOF UNDER, THROUGH AND BELOW CERTAIN
DESIGNATED ROADWAYS AND PUBLIC PROPERTIES OF THE CITY OF
RENTON, STATE OF WASHINGTON
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON AS
Section 1: There is hereby given and granted unto Olympic Pipe Line
Company, a Delaware Corporation, its successors and assigns for a period of _2L_ -years
from the taking effect of this Ordinance, the right, privilege; authority and.franchise to
lay down, construct, operate, maintain, replace, alter, remove and repair one or more pipe
lines, together with all equipment and appurtenances thereto, for the transportation,
storage and handling of.oil and any product or by-product thereof, under, below and throo -'-
certain public right of ways and other public lands within the City of Renton but such
construction, installation and.maintenance of any and all such pipe lines to be limited to
a width of five feet (but not to exceed thirty feet during period of construction and
repair) under, below and through said public _right of ways and other public properties,
all as more particularly appears. on the attached list marked Exhibit "A", which is made a
part hereof and incorporated herein as if fully set forth.
Section 2: This Franchise is grantedipon the express condition that it
shall not be deemed or held to be an exclusive Franchise and shall not in any manner prevent
the City of Renton from granting other or further franchises in, along, over, through,
under, below or across any of said right of ways, streets, avenues or all other public
lands and properties of every type and description; and such franchise shall in no way
from
prevent or prohibit the City of Renton/using any of said roads, streets or other public
properties or affect its jurisdiction over them or any part of them, with full power to
make all necessary changes, relocations, repairs, maintenance, establishment, improvement,
dedication of same as they may deem fit, including the dedication, establishment,
maintenance and iutprovement of all new right of ways and thoroughfares and other public
properties of every type and description. Olympic Pipe Line Company, as Grantee herein,
agrees and covenants at its sole cost and expense, to protect, support, temporarily
disconnect, relocate or remove from any street any of its installations when so -required
by the City of Renton by reason of traffic conditions, public safety, street vacations,
dedications of new right of ways and the establishment and iu,provemeat thereof, freeway
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initial installation of any pipe under this Franchise., such pipe shall be subjected 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 and the results of any such
tests shall be submitted to the City in writing.. Furthermore,after repair or replacement
of any pipe, the portion so affected of such pipe between sectionalizing valves shall be
subjected to a pressure test as hereinabove set forth; provided however, that no such
-test is required for any minor repairs which do not require removal of the pipe line
from operation.
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 properties 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
within the City of Renton shall be located, buried and installed to a depth of not less
than six feet and as otherwise provided for in the aforesaid Code, the laws of the State.
of Washington and the Ordinances.of the City of Renton, now or hereafter in force., regu--
lating 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 else-
where 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
adequate cathodic protection, and such pipe line shall further be protected by sectionaliz -
:ing;block valves spaced at no greater distance than prescribed by the aforesaid Code. If
at any time during .the term of this Franchise protective or sectionalizing facilities in
any pipe line are found to be inadequate, Grantee hereby agrees and covenants, at its own
expense and cost, to make such changes as may be required by the City of Renton.
Section 8: Grantee, its successors and assigns, hereby agrees and covenants
to promptly repair any damage to City property of every type and nature and all other
City improvements caused by the failure ofGrantee's 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 Grantee.'s sole cost and expense,
restore the surface of said right of way or other public property to at least the con-
dition as same was in immediately prior to any such installation and construction.
Grantee shall comply with all Ordinances and regulations of the City of Renton, Wash-
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construction, change or establishment of street grade, or the construction of any public
improvement or structure by any Governmental agency acting in --a Governmental capacity,
provided that Grantee shall in all such cases have the privilege to temporarily by-
pass, in the althorized 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 `V herei►i, 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 plansand 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 shall 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 Franchiseshall 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. years from and after the granting 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 b: All pipe and other components of any pipe line, and
appurtenance thereto, to be placed within dny street right of way or other public property
shall be designed, manufactured and installed in accordance and in full compliance with
the provisions and terms of the 'American Standard Code for Pressure Piping" (ASA B 31.4-
1959)as published by the American Society of Mechanical Engineers, and as said Code may
be amended from time to time. The operating or service pressure for which they are
designed shall be the maximum non-shock,internal pressure that may occur either under
conditions of year round operation or under static conditions with pipe line filled but
with no fluid flow. All such pipe lines, fittings and appurtenances thereto to be placed
within public right of ways or other public property shall be unused products.
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After
ington regarding such excavation and whenever deemed necessary by the City Engineer shall
be required to post a performance bond in favor of the City warranting, among other things,
that such restoration work will be done promptly and in a proper, workmanlike manner:
Section 9: Grantee, its successors and assigns, agrees and covenants
to indemnify and hold harmless the City of Renton from and against any and all liability,-
loss,
iability,
loss, cost, damage, whether to person or property, or expense of any type or nature which
may accrue to the City by reason of the construction, operation, maintenance, repair and
alteration of Grantee's facilities; provided, however, thatin case any suit or action is
instituted against the City by.reason of any such damage or injury, the City shall cause
written notice thereof to be given unto Grantee and Grantee thereupon shall have the duty
to defend any such suit or action, without cost or expense to the City.
Section 10. For the purpose of compelling compliance by the Grantee with
all the terms and conditions of this Franchise and the maintenance of said pipe lines and
facilities in good condition, City retains the right to end and terminate and fully
forfeit the Franchise herein granted, within thirty days after writtenonotice unto Grantee,
whenever Grantee fails to comply with any of the terms and conditions hereof. Upon such
forfeiture the City shall have the right to require Grantee to remove any and all of its
pipes, appurtenances and equipment within the City of Renton, all at Grantee's cost and
expense, and to promptly and timely restore all roads and other public properties to
their condition immediately prior to any such forfeiture and termination.
Section 11: The City of Renton reserves unto itself the right and power
at all times to reasonably regulate in the public interest and for the public welfare
the exercise of all franchise rights granted herein.
Section 12: The laying, constructing, installation, maintenance and
operation of said pipe lines and facilities in connection therewith shall not preclude the
City of Renton, its authorized agents, contractors and representatives from blasting,
grading, excavating or doing other necessary or public works over, unto, abutting, or
contiguous to Grantee's pipe line or facilities, provided, however, that Grantee shall
be given forty eight hours written notice of any such blasting, grading or excavating
so that Grantee may take proper steps to protect its pipe line and facilities.
Section 13: Grantee further agrees to install and maintain at all times
during the life of this Franchise automatic shutoff and safety valves at pumping stations
locations where adequate maintenance crews shall be available; in addition to which
adequate fire protection equipment shall be provided for 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
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of this Franchise or the enforcement thereof. This Franchise does not relieve the
Grantee of any requirement of any City Ordinance, rule or regulation or specification of
the City, including 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 Franchise
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 street or any subsequent improvement or installation therein. Grantee further
agrees to submit unto the City periodic reports, at least semi-annually of any pressure
tests made pursuant to provision of this Franchise showing the date of the test, description
of portion of pipe line tested, identified with respect to the City's street routes and
test data sufficient in detail to permit analysis of test results and determination of
compliance with the aforesaid Code.
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 or permanently abandoned.
Section 16: On or before the;lst day of January of each year during the term of
this Franchise, Grantee shall pay unto the City, in consideration of the issuance of this
Franchise, a sum equal to the total number of lineal feet of pipe line located within the
City limits of Renton on the lst day of January of each year, multiplied by the rate of
$.05 (5¢ per lineal foot) but the minimum sum to be paid -to the City annually will be not
less than $500.00.
Section 17: The Grantee shall, within ten days 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 Fran-
chise, and conditioned that in the event Grantee shall fail to comply with any one or more
of the provisions of this Franchise then there shall be recoverable jointly and severally
from the principal and surety of such bond any damages suffered by the City as a result
thereof, including the full amount of any compensation, indemnification or cost of removal
or abandonment of properties hereinabove described, up to the full amount of the said bond;
said condition to be a continuing obligation for the duration of this Franchise and there-
after until the Grantee has liquidated all of its obligations with the City of Renton or
may have arisen from the acceptance of such Franchise by the Grantee or from its exercise
of any privilege herein granted. The bond initially filed in accordance with the require-
ment of this Section shall be in the amount of Ten Thousand Dollars. In the event of sub-
stantial change in the volume of street space occupied by franchise properties, the City
may permit or may require a corresponding change in the amount of such bond.
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Neither the provisions of this Section or any bond accepted by the City pursuant
thereto, nor any damages recovered by the City, thereunder shall be construed to excuse
faithful performance by the Grantee or to limit the liability of the Grantee under the
Franchise or for damages, whether to the City or members of the public generally, either
to the full amount of the bond or otherwise.
Section 18: Upon application to the City Council of the City of Renton by
Grantee, the Council may authorize Grantee to install, construct and/or retain in City
streets additional pipe lines, as contemplated in Section 1 hereof, in a manner satisfactory
to the City Council; such additional installations &hall be subject to all of the terms
and conditions of this Franchise and to any such additional conditions as may be prescribed
by the City Council as to any such additions.
PASSED BY THE CITY COUNCIL this. day of , 1964.
Helmie Nelson, City Clerk
APPROVED BY THE MAYOR this.4OVday of,1964.
Old
Do ald TT. Custer, 1Mayo r
First Reading September �, 1964.
Date of First Publication:�,
rrLlc t� /lc
DH1'ic OF
APPROVED AS TO FORM:
Qerard M. Shellan, City Attorney
ACCEPTED BY GRANTEE, OLYMPIC PIPE LME C01,MANY this 6th day of November , 1961.
m s R. Ball
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EXiIDIT "A11
Olympic Pipe Line Street CrossinC
l..
12th Avenue North at a point aprox=ately 250
feet westerly
of the centerline
intersection of I1ti>11 Street (6013
2.
11th.4",venue North at a point approximately 220
feet westerly
of the centerline
intersection of 11Q)TI Street (501)
3.
7th P.venue North at a point approximately 220 feet westerly of the centerline
intersection of 11R1t Street (601)
4.
6th Place North at a point approximately 240 feet westerly of tine centerline
intersection of I1R11 Street (301)
5.
4th Avenue North at a point approximately 1010
feet westerly
of the 'centerline
intersection of 132nd Avenue S.r.. (601)
6. 5th Avenue East at a point approximately 280 feet Southeasterly of the center-
line intersection of 11111" Street South (601)
7.. 6th Avenue East 'at a point approxt-iiately 520 feet northwesterly of the center-
line intersection of 11011 Street South (601 )
8.. 106th I_venue S.E.. at a point approximately 15 feet northerly of the south line
of :miction 20s Township 23 North, Range 5 East, W.l°1. (601)
�t
p 9. Benson Highway (State HiGhway `515) at a point approximately 15 feet northerly
of the south line of Section 20, Toumship 23 North, Rance 5 Last, j r:%A, (601)
10. Rainier !:venue South (State Highway 1';167) at a point approximately 30 feet
soW.u.herrly)of the north line of Section 30,
Township 23 Horth, Range 5 East,
11, Puget Drive from centerline of City of Seattle Cedar River Pipe Line ease-
ment westerly along Puget Drive to the north.aouth center of Section line of
Section 20, Township 23 North, Range 5 East 14.1. (33811)
Total 3941 feet
Centerline Description of Olympic Pipe Line Crossing City of Renton Parks
�.; Kiwanis Park- Beginning at a point on V e northerly boundary of Xi-�ranis
Park said Point being 4807 feet from the Northwest Corner of said Park.,
thence South 100541,4311 ast a distance of 481, thence South 5012137t1 TTest
a distance of 1761, thence South 403810711 1,16st a distance of 501, more or
less, to the southerly boundary of said Park, said easement being approx-
imately 574 feet in length,
2. Maplewood Park • The centerline of easements lies parallel with and 101 feet
southeasterly of the northwesterly line of the Maplewood Park property ti3d
easement being, approximately 416 feet in length.
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