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HomeMy WebLinkAboutORD 2120FOLLOWS: 0; 1 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 -1- 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- -3- 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. -2- 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 'S -M 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. - 5- Go 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 -6- 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. A " W SEC. /0, T 23 N, Q 5,5 lNA9: -78- aa._....._._ _ 7- — ------ \ --- K/ Geunty, strn,a{ —WQS�y r -- — ORO PQSE'D P,PODLICTS 10/10EL/A1E WH CROSS/NG THE PROPERTY OF ` ; ka,r�, C/TY- Of RENTON 0 LIfMPIC: FIFE L,IN M7`.� ? r r !ak SEA'TTI.,.t3. ---------- tic.a, .. rv '. /„ _ .�r - /O �w A VE. SEC, 9 , T 23 V, ,P %-'75 IV /f . K1;VG CO' , 14�4 SH. 9 ?"' A VE. PROPERTY OF C/TY OF RE,N70A/ MO,v. " Pr-ac�oscd 20" Oivc Linc � COR. SEC. 9 , R/GN TRACT Kr- 20/ b ' 586' = 35.52 Rods r K/NG G1''A,rH �ml ___ �.... /' pOSEL' PE'CDUC?'S'�.. /,'�'�U^✓' = ,.._,.,. /0/?01C qTYOF CITY OF IC547 0/ V A