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Home My WebLink About0753• • ORDINANCE NO. 753 { IL").4. OF THE CITY OF PORT ANQEt1? , WASHINGTON AN ORDINANCE providing for the leasing to Peoples' Wharf Co., a corporation, its successors or assigns of all that portion of Laurel Street in the City of Pont Angeles, Washington, lying north of the south line of Railroad Avenue for the con- struction, operation and maintenance of a wharf warehouse, ferry slip aid approaches. BE IT ORDAINED BY THE CITY COMMISSION of the City of Port Angeles, State of Wash- ington, as follows: Section 1. That all that portion of Laurel Street in the City of Port Angeles, as now laid out and existing, lying northerly of the south line of Railroad Avenue and extending northerly into Port Angeles Bay, is hereby leased, let and demised unto the said Peoples' Wharf Company, and it is hereby given and granted the right, power and authority to use the same for the purposes of constructing, maintaining and operating thereon, wharves, warehouses, ferry slips and approaches thereto, for the term and upon the conditions herein specified. Section 2. The rights and privileges herein granted and conferred, shall be enjoyed by the said Peoples' Wharf Company, its successors and a.3signs, for a period of fifteen (15) years from and after the date of passage oL tbis ordinance, in consider- ation and upon condition of said City as rental the sum of One Dollar ($l.00) per year for each of the first five'years of said term, the whole amount of said rental to be paid in advance, and, at the termination of the first five (5) years and again at the end of the second five year term, the rental therefor shall be readjusted and fixed by the said City and the said Peoples' Wharf Company for the succeeding five (5) years by mutual agreement, or by arbitration in accordance with law, which rental shall, for each said five year period, be paid in advance at the beginning thereof; Falk, further, that the said Peoples' Wharf Company, shall, upon the taking effect of this ordinance, pay into the OJAI Treasury the sum of One Hundred Dollars (x100.00), and, further, and as the principal consideration hereof, that the said Peoples' Wharf Company shall, at all times, keep and maintain said wharves, warehouses, ferry slips and approaches in a substantial and safe condition and shall use and operate the same as public carriers and facilities, subject to the rulings and= regulations of the Public Service Commission of the State of Washington, and all of the laws of the State of Washington, and the ordinance of the City of Port Angeles. Section 3. That the right and authority herein granted to the said Peoples' Wharf Company, its successors and assigns, are subject to all the term, conditions and reservations prescribed in this ordinance. Section 4. 'hat the said Peoples' Wharf Company, its successors and assigns, shall have the right to collect, and receive, such rates of wharfage, storage, dockage and compensation for the use of its facilities, as may be approved and allowed by the Public Service Commission, and as shall not be in conflict with the ]laws of the State of Washington, and that such wharves, warehouses, ferry slips and approaches shall be lighted, as directed by the Commission of the City of Port Angeles at proper cost to the said wharf company, its successors and assigns. Section 5. What all of said wharves, warehouses, ferry slips and approaches, con- structed or maintained by said wharf company, shall be built substantially and kept in good repair during said term, at the proper cost and expense of said wharf com- pany, its successors or assigns, and it shall insure and safeguard the public against loss, damage and injury to property and person by constructing and keeping in good repair all necessary guards, rails and other protections, besides all neces- sary lights on said wharf, as the -City Commission. shall require and as directed by the City Electrician, all at the expense of it, the said Wharf company, its success- ors and assigns. Section 6. It is hereby expressly provided that any refusal, neglect or failure to comply with any or all of the terms, conditions or reservations of this ordinance, or with any law or statute of the State or any ordinance of the City of Port Angeles, applicable hereto, shall be deemed a forfeiture of the rights and privileges herein granted and it shall be lawful for the Commission of said City to declare by ordi- nance the forfeiture of the same upon refusal, neglect or failure of compliance. • Section 7. That the said Peoples' wharf Company, its successors or assigns, shall, within five (5)'days after the passage of this ordinance, file in the office of the City Clerk of said City, its written acceptance hereof, and thereafter, this ord- inance shall become effective as provided by law; and in the event of any assign- ments, conveyance or transfer of ar interest in this franchise or the improvergents on said property, the Said Peoples' Wharf Company, its successors or assigns, shall file with the City Clerk of said City, a written notice setting forth the name of the grantee or assignee and the name of the grantor-or assignor, the date of the transfer and the interest so transferred. Section 8. That the said Peoples' Wharf Company, in and by the acceptance of the ' privileges and benefits of this ordinance, and in consideration thereof, hereby covenants for itself, its successors and assigns, that they will, at all times dur- .,• ing•the.life•- andrterm of this grant or franchise, keep and save-harmless said City from and against all liability, loss, damage, cost or expense which may arise or at any time occur by reason of the construction, defects, maintenance or operation of said wharves, warehouses, ferry slips or approaches, or for reason of anything at any time which may be done or omitted or neglected by said Peoples' Wharf Com- pany, its successors or assigne, or by their agents, servants or employees in con - nection with the duties and obligation of this ordinance. Section 9. During the time the passengers are going upon or departing from any steamship or boat served by the facilities herein referred to, no automobile or other vehicle operated for hire and soliciting patronage from passengers shall be permitted and they shall be prohibitedby the City from going upon the premises herein referred to, provided that nothing in this section is intended to prohibit owners of private automobiles or other vehicles from driving the same to the north line of the dock at any time, nor shall this ordinance be construed so as to take away from the public the right to use Laurel Street or any part thereof, as a pub- lic highway, except as expressly herein provided. Section 10. This ordinance shall take effect and be in force from and after thirty (30) days after the passage and approval hereof and such effective date shall be the beginning of the term hereinabove referred to, provided the said Peoples' Wharf --Company shall have -duly filed in the office of the City' 1 erk of said qty, its written acceptance hereof, as provided in Section 7, within five days after the passage hereof. Filed with the City Clerk of the City of Port Angeles, the 80th day of January, 1924. Passed by the City mission of the City of Port Angeles, the 13th day of Febru- ary, 1924. Approved by the Mayor of the City of Port !Angeles, the 13th day of February, 1924. Published the 16th day of February, 1924. Attest: H. M. FISHER, Mayor. ELOISE C. MORISON, r• City Clerk Approved as to form: SANDFORD C. ROSE, City attorney ■ �1 • ry, • -I- • '•, z •••• c • _ f- • . '-; ks • ,„. 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