HomeMy WebLinkAboutOrd 0496 - Oil Pipeline Franchise with Olympic Pipe Line Company i
CITY OF T
WASHINGTON
ORDINANCE 496
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AN ORDINANCE OF THE CITY OF TUKWILA GRANTING
UNTO OLYMPIC PIPE LINE COMPANY, A CORPORATION,
HEREINAFTER CALLED THE GRANTEE, ITS SUCCESSORS,
GRANTEES AND ASSIGNS, THE RIGHT, PRIVILEGE,
AUTHORITY AND FRANCHISE TO LAY DOWN, CONSTRUCT,
OPERATE, MAINTAIN, ALTER, REMOVE, REPLACE AND
REPAIR ONE OR MORE PIPE LINES, TOGETHER WITH ALL
EQUIPMENT AND APPURTENANCES AS MAY BE NECESSARY OR
CONVENIENT IN CONNECTION THEREWITH FOR THE
TRANSPORTATION, STORAGE AND HANDLING OF OIL AND ANY
PRODUCT OR BY- PRODUCT THEREOF, IN, ALONG, OVER,
THROUGH, ACROSS AND UNDER CERTAIN ROADS, STREETS,
AVENUES, BOULEVARDS, ALLEYS, DRIVES AND OTHER PUBLIC
LANDS AND PLACES OF THE CITY OF TUKWILA, STATE OF
WASHINGTON.
THE CITY OF TUKWILA DOES ORDAIN:
Section 1. That there be and is hereby granted to
Olympic Pipe Line Company, a corporation organized and existing
under and by virtue of the laws of the State of Delaware and
authorized to transact business within the State of Washington,
its successors, grantees and assigns, for a period of fifty
years from the taking effect of this Ordinance, the right,
privilege, authority and franchise to lay down, construct,
operate, maintain, alter, remove, replace and repair one or
more pipe lines, together with all equipment and appurtenances
as may be necessary or convenient in connection therewith
for the transportation, storage and handling of oil and any
product or by- product thereof, in, along, over, through,
across and under the following roads, streets, avenues,
boulevards, alleys, drives and other public lands and places
of the City of Tukwila and as more particularly described as
follows:
Street Distance Location
Along James Christensen Rd. 1600' Fr. Strander Blvd. Sly 1600'
(70th Ave. South)
Along Strander Blvd. (164th S.) 4000' Fr. 70th Ave. S. to 57th
(164th St. South) Ave. S.
Along 57th Ave. South 1823' Fr. Strander Blvd. Sly to
Prolongation of 170th St. S.
Along 53rd Ave. South 30' At 170th St. So.
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 City of Tukwila
from granting other or further Franchises in, along, over,
through, across or under any of said roads, streets, avenues,
boulevards, alleys, drives and other public lands and places,
and in no wise prevent or prohibit the City of Tukwila using
any of said roads, streets, etc. or effect its jurisdiction
over them or any part of them, with full power to make all
necessary chages, relocations, repairs, maintenance etc., of
same as they may deem fit.
Section 3. This Ordinance shall be void, if the
Grantee shall not within forty (40) days from the adoption of
this Ordinance file its acceptance of the same with the Clerk
of the City of Tukwila.
Section 4. All construction and installation work
where crossing roads, streets or alleys within the corporate
limits. of the City of Tukwila, to be under the supervision
and pass the inspection of the City Engineer.
Section 5. The grantee, its successors or assigns
shall commence construction work under this franchise within
one (1) year from and after the date of passage thereof; if,
at the end of five (5) years from and after the granting of
this franchise, the grantee, its successors or assigns,
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shall not have laid, constructed and have in operation upon any
of the roads, streets, avenues, boulevards, alleys, drives
or public places as herein designated, then in that event the
rights hereby conferred upon the Grantee shall cease and
terminate so far as unoccupied roads streets, avenues, etc.
are concerned.
Section 6. All surface structures shall be erected
and maintained at such places and positions upon said roads,
streets, avenues, boulevards, alleys, drives and other public
lands and places as to interfere as little as practicable
with the free passage of traffic and the free use of adjoining
property, and all pipe lines in, along, through_ cr across said
roads, streets, avenues, boulevards, alleys or drives shall be
located, buried and installed in accordance with the laws of
the State of Washington, and the Municipal Code of the City
of Tukwila, now or hereafter in force, regulating such
installation.
Section 7. The grantee, its successors and assigns
do hereby agree to repair any damage to City roads over which
it holds a franchise, and all other City improvements caused
by the failure of grantee's work during the life of this
franchise and should it be necessary to make any excavation
in any road, street, avenue, boulevard, alley, drive or
other public land or place, in the laying, constructing,
maintaining, altering, removing, replacing or repairing of any
such pipe line or structure, grantee, its successors and assigns,
shall without delay and at grantee's expense restore the surface
of said road, street, avenue, boulevard, alley, drive or
other public land or place as nearly as practicable to the
same condition it was in before doing such work.
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Section 8. Should the Grade of a road, street,
avenue, boulevard, alley, drive or public place in which
Grantee's installations may be constructed and maintained,
be altered or changed by Ordinance of the City Council, the
Grantee, upon written notice by the City, its representatives
or agents, shall within a reasonable time raise, lower, change
or reconstruct its installations located thereunder to conform
to any such change in grade without cost or expense to the City.
Section 9. The grantee, its successors and assigns,
shall indemnify, and hold harmless the City of Tukwila from
and against any and all liability, loss, cost, damage or expense
which may accrue to the City by reason of the construction,
operation and maintenance of the facilities of the Grantee,
its successors and assigns, provided, however, that in 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 said Grantee and the said Grantee
shall have the right to defend any such suit or action.
Section 10. For the purpose of compelling compliance
by the Grantee with the terms of this Franchise and the maintenance
of said pipe lines and facilities in good condition, a failure
to comply with any of the provisions or conditions herein
within sixty days after notice to do so, served by order of
the City upon the Grantee, shall authorize the City to declare
by Ordinance an immediate forfeiture of the Franchise and
the City may in such case declare such forfeiture in the
manner provided by law.
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Section 11. The City of Tukwila reserves unto
itself the power and right at all times to reasonably
regulate in the public interest; the exercise of all
Franchise rights granted herein.
Section 12. The laying, construction, maintenance
and operation of said Grantee system of pipe lines and
facilities granted under this franchise shall not preclude the
City of Tukwila, its accredited agents or its contractors,
from blasting, grading, excavating or doing other
necessary road work contiguous to the said Grantee pipe lines
or facilities, provided that the Grantee shall have forty -eight (48)
hours, written notice, of said blasting, grading, or excavating
in order that said Grantee may protect said pipe lines and
facilities.
Section 13. The Grantee, its successors and assigns
shall pay the Grantor a franchise fee payable on the first
of January of each year for the period of this franchise. The
yearly franchise fee shall be 7 per lineal foot of pipeline
installed under this franchise. The first year's fee shall
be prorated for the balance of that year.
Section 14. Grantee has the option of cancelling
this franchise by thirty (30) says written notice. In the
event of a cancellation the pipelines shall be secured against
possible damage to the City streets.
Section 15. Cost of publication incident to granting
of this Franchise shall be borne by the Grantee.
Section 16. Whenever the word 'Grantee is usee
herein it shall be construed to mean Olympic Pipe Line Company,
its successors, Grantees or assigns, and all the privileges
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herein accorded to and obligations and restrictions herein
imposed upon Grantee shall be construed to extend to its
successors, grantees and assigns as fully and to the same effect
as though the words 'successors, Grantees and assigns were
each time herein repeated fully after the word 'Grantee'
No assignment of this franchise shall be made by Grantee
without the express consent of the Grantor.
Passed by the Council of the City of Tukwila this
day of ('i 1967.
Approved by me this day of 1967.
c.
Attes
Published:
2/ /967
First presented to, filed, and read by the City
Council of the City of Tukwila, Washington this J day of
1967.
L
6ity
We, the undersigned, hereby accept all the rights
and privileges of the above eranted Franchise subject to all
the terms, conditions, stipulations and obligations contained.
therein.
Attest: OLYMPIC PIPE LINE COMPANY
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A t nt Secretary D. L. Dennard, Vice- President
Dated this 4 day of 77'e'- 1967.
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