HomeMy WebLinkAbout1067ORDINANCE NO. 1067
411 t OF THE CITY OF PORT ANGETES, WASHINGTON
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An ordinance providing for the leasing to Puget Sound Navigation Company,
2 corporation, its successors or assigns of all that portion of Laurel Street in
3 J the City of Port Angeles, Washington, lying northerly of the north line of Railroad
4 Avenue, for the construction, operation and maintenance of a wharf, warehouse,
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5 ferry slip and approaches.
6 p BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PORT ANGELES, STATE OF #�
7 k WASHINGTON, AS FOLLOWS:
8 SECTION 1. That all that portion of Laurel Street in the City of Port
9 Angeles, as now laid out and existing, lying northerly of the north line of Railroad
10 Avenue and extending northerly into Port Angeles Hay, is hereby leased, let and
11 demised unto the said Puget Sound Navigation Company, and it is hereby given and ,
12 granted the right, power and authority to use the same for the purposes of conet_
13 rutting, maintaining and operating thereon, wharves, warehouses, ferry slips and •
14 approaches thereto, for the term and upon the conditions herein specified.
15 ; SECTION 2. The rights and privileges herein granted and conferred, shall be
16 enjoyed by the said Puget Sound Navigation Company, its successors and assigns,
17 for a period of fifteen (15) years from and after the date of passage of this
18 ordinance, in consideration and upon condition::of said Puget Sound Navigation
19 Company paying to said City as rental the sum of Twenty —five Dollars ($25.00)
• 20 per year for each of the first five (5) years of said term, the whole amount of
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21 ' said rental to be paid in advance, and, at the termination of the first five (5)
22 years, and again at the end of the second five (5) year term, the rental therefor
23 shall be readjusted and fixed by the City and the said Puget Sound Navigation
24 f Company for the succeeding five (5) years by mutual agreement, or by arbitration
25 in accordance with the laws of the State of Washington, and in accordance with the
26 provisions of Section 9070 of Remington's Revised Statutes of Washington, which
27 rental shall, for each said five (5) year period be paid in advance at the begin -
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28 [ ning thereof; and, further, that the said Puget Sound Navigation Company shall,
29 ' upon the taking effect of this ordinance, pay into the City Treasury the sum of
30 One Hundred Dollars ($100.00), and, farther, and as the principal consideration
31 f hereof, that the said Puget Sound Navigation Company shall, at all times, keep
1 and maintain said wharves, warehouses, ferry slips and approaches in a substantial i
2 and safe condition and shall use and operate the same as public carriers and faci1 -'
3 ities, subject to the rulings and regulations of the Public Service Commission
• 4 ! of the State of Washington, and all of the laws of the State of Washington, and
5 the ordinance of the City of Port Angeles.
6 SECTION 3. That the right and authority herein granted to the said Puget
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Sound Navigation Company, its successors and assigns, are subject to all the
8 teams, conditions and reservations prescribed in this ordinance.
9 SECTION 4. That the Puget Sound Navigation Company, its successors and
10 assigns, shall have the right to collect, and reoeive, such rates of wharfage,
11 III storage, dockage and compensation for the use of its facilities, as may be
12 approved and allowed by the Public Service Commission, and as shall not be in
13 I conflict with the laws of the State of Washington, and that such wharves, were-
14 houses, ferry slips and approaches shall be lighted, as directed by the Commisssiorj
15 of the City of Port Angeles at proper cost to the said Puget Sound Navigation
16 Company, its successors and assigns.
17 SECTION 5. That all of said wharves, warehouses, ferry slips and approaches,
18 constructed or maintained by said Navigation Company, shall be built substantially'
19 and kept in good repair during said term, at the proper cost and expense of said
• 20 Navigation Company, its successors or assigns, and it shall insure and safeguard 1.
21 the public against loss, damage and injury to property and person by constructing
22 and keeping in goad repair ail necessary guards, rails and other protections,
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besides all necessary 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
Navigation Company, its successors and assigns.
SECTION 6. It is hereby expressly provided that any refusal, neglect or
27 failure to comply with any or all of the terms, conditions or reservations of
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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
30 rights and privileges herein granted and it shall, be lawful for the Commission
31 of said City to declare by ordinance the forfeiture of the same upon refusal,
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1 ; neglect or failure of compliance.
2 SECTION 7. That the said Puget Sound Navigation Company, its successors
3 or assigns, shall, within five (5) days after the passage of this ordinance,
4 file in the office of the City Clerk of said City, its written acceptance
5 hereof, and, thereafter, this ordinance shall become effective as provided by
6 law; and in the event of any assignments, conveyance or transfer of any interest
7 in this franchise or the imptovements on said property, the said Puget Sound
8 Navigation Company, its successors or assigns, shall file with the City Clerk of
• 9 said City, a written notice setting forth the name of the grantee or assignee
10 and the name of the grantor or assignor, the date of the transfer and the interest
11 so transferred.
12 SECTION 8. That the said Puget Sound Navigation Company, in and by the
13 acceptance of the privileges and benefits of this ordinance, and in consideration
14 thereof, hereby covenants for itself, its successors and assigns, that they will,
15 , at all times during the life and term of this grant or franchise, keep and save
16 harmless said City from and against all liability, loss, damage, cost or expense
17 which may arise or at any time occur by reason of the construction, defects,
18 maintenance or operation of said wharves, warehouses, ferry slips or approaches,
19 or for reason of anything at any time which may be done or omitted or neglected
20 by said Puget Sound Navigation Company, its successors or assigns, or by their
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21 1 agents, servants or employees in connection with the duties and obligation of
22 this ordinance.
23 SECTION 9. During the tire the passengers are going upon or departing from
24 any steamship or boat served by the facilities herein referred to, no automobile
25 or other vehicle operated for hire and soliciting patronage from passengers. shall
26 be permitted and they shall be prohibited by the City from going upon the premises,
27 herein referred to provided that nothing in this section is intended to prohibit
28 owners of private automobiles or other vehicles from driving the same to the
29 north line of the dock at any time, nor shall this ordinance be construed so as to.
• 30 take away from the public the right to use Laurel Street or any part thereof, as
31 ; a public highway, except as expressly herein provided.
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1 1 SECTION 10. This ordinance shall take effect and be in force from and after
2 I thirty (30) days after the passage and approval hereof and such effective date
3 1 shall be the beginning of the term herenabove referred to, provided the said
4 Puget Sound Navigation Company shall have duly filed in the office of the City
5 Clerk of said City, its written acceptance hereof, as provided in Section 7,
6 ! within five (5) days after the passage hereof.
7 Passed first reading by the City Commission October 25, 1939.
8 Passed second reading by the City Commission November 1, 1939.
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Passed third reading and adopted by the City Commission November 8, 1939.
10 Approved and signed by the Mayor this 8th day of November, 1939.
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16 • CitY Clerk
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