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HomeMy WebLinkAbout1353• • ORDINANCE NO. 4°5-41 AN ORDINANCE authorizing the Standard Oil Company of California to lay, construct, maintain, operate, use and repair pipelines for the transportation of petroleum and its by- products along, across and under the surface of certain portions of certain streets and alleys in the City of Port Angeles. WHEREAS, the Standard Oil Company of California is now maintaining and operating pipelines for the transportation of 'petroleum products under Ordance No. 1019, which franchise under said Ordinance expires on the 14th day of August, 1955, and it is the desire of both the City of Port Angeles and the Standard Oil 'Company of California that said franchise be renewed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN AS FOLLOWS: Section 1: The Standard Oil Company of California, a corporation authorized to transact business within the State of Washington, and its successors and assigns, is hereby given the license and privilege for a period of twenty (20) years from the effective date of this ordinance to lay, construct, maintain, operate, use and re- -lay, renew and replace pipe lines for the ;transportation of petroleum oil and its by- products across, along and under the surface of the following described portions of streets and alleys in the City of Port Angeles, to -wit: Commencing at the southwesterly corner of Lot 10, Block 48, Townsite of Port Angeles; thence run- ning northerly along Tunwater Street and across Second Street otherwise known as Marine Drive , to the northerly margin of First Street projected. Section 2: The terms and conditions under which this right and provilege is granted and to which terms and conditions the :provilege shall be at all times subject, and for failure of any one of which terms and conditions it may, at the option of the City of Port Angeles, be revoked are as follows: 1. Pipes shall not exceed eight (8) in number and shall not exceed eight (8) inches internal diameter; all pipes to be of • • good quality, standard steel; all connections and outlets to be properly installed and sufficiently welded and with all necessary connections and appliances to provide for and protect the safety and convenience of the inhabitants of the City using said streets. 2. Pipe lines shall be laid at least two feet under the surface of the ground at all points along the said streets and all pipes and appurtenances shall be installed in such a manner as not to interfere with the free use of the streets by the public. 3. Any manholes, valves or other structures installed by the company for the purpose of reaching and controlling the said pipes shall be properly set and maintained with special regard for the safety of the inhabitants of the City. 4. In all excavating or other work on said pipe lines, the work shall be done with a minimum interference with the use of the street and such guards and protections for the safety of the public shall be maintained as may be at any time required by the officers of the City of Port Angeles; after such work, the area shall be restored to the same condition as the remainder of the street. Section 3• The Standard Oil Company of California, the licensee, herein, shall and does by these presents, hold the city harmless for any damage to any person or property which shall result from the opening of any street or alley by the licensee for construction, replacement or repair; from any damages which may result from the installation of any pipe, apparatus or equipment or the maintenance or use of the said pipes and equipment for the purpose intended or for any purpose; also, for any damage occasioned by the leakage or escape of petroleum, petroleum products, gas or gasoline; from any damage caused by any fire resulting from the escape of any oil or petroleum products being transported by the said pipe line; from any damage whatever from the bursting of pipes or any other occurrences which may be reasonably attributed to the use and operation of said pipe lines. Section 4: In the event that the City of Port Angeles should change portions of the grade of any street or alley above described, the said Standard Oil Company of California shall immediately, on notice and at its own cost, change its pipe lines and equipment [ where necessary to conform to such change of grade. Section 5: In the event that the City of Port Angeles 1shall install or replace any water pipes, sewer pipes, electric ;conduits, gas pipes or any other equipment used or to be used in 1connection with the City Utility Department or in connection with carrying on any of the City's business, the pipes and equipment 1of the said Standard Oil Company shall be changed or temporarily removed or disconnected in whatever manner may. be reasonably required to permit such installation of equipment by the City of Port Angeles, and to conform to the city installation when completed. Section 6: In the event that the size of the water, sewer or gas pipes or electric conduits of the city or of its utilities shall be such as to make it necessary or desirable to raise or 1' lower the pipes of the licensee, or if the practical installation and construction of the equipment belonging to or in the control of the City or its utilities required a change in the level of the 1 pipes of the licensee in order to promote and add to the public I convenience and safety, then, in such event and on reasonable notice the company shall make such changes as may be required in its installation and equipment at its own cost and expense. Section 7: If at any time after five years from the effective date of this franchise, the entire occupancy of said I portions of streets is required by the city to complete any project for the State or National Defense, or the Public safety, the city shall provide other adequate and convenEtent right -of -way for the said pipe lines of the licensee, and the company shall move the same at its own cost and expense. Section 8: This ordinance shall take effect and be in force thirty (30) days after its passage, approval and lawful publication. Introduced and passed first reading by the City Council July 7, 1955. Passed ✓- , 1955. Approved and signed by the Mayor this 51.11e day of August, 1955. "Nice :7,,,:, %.1` N ATTEST : - City Clerk Approved as to form: (City Attorne PUBLISHED: • July 15, August 12, 1955. Mayor