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HomeMy WebLinkAbout1421ORDINANCE NO. ! I'S/ 1 AN ORDINANCE granting to Rayonier Incorporated, its 2 successors and assigns, the right to maintain, operate and 3 construct electric power lines by means of poles and wires or 4 other means of conducting electrical energy as the same is now 5 constructed and erected on certain streets and public places in 6 the City of Port Angeles. 7 WHEREAS, there has been heretofore constructed, and is 8 now being maintained and operated, power lines over, along and 9 upon the following hereinafter described streets in the City of 10 Port Angeles by Rayonier Incorporated; and, 11 WHEREAS, said poles were constructed under a former 12 franchise but it is found that by reason of omission Rayonier 13 Incorporated did not have a franchise covering the hereinafter 14 described streets and the said operation is necessary for the 15 benefit of Rayonier Incorporated and the City of Port Angeles 16 and that a franchise should now be granted. 17 NOW, THEREFORE, BE IT ORDAINED by the City Council of 18 the City of Port Angeles as follows: 19 Section 1: That there be, and is hereby granted unto 20 Rayonier Incorporated, hereinafter called the Company, its 21 successors and assigns, the right, privilege, license, authority 22 and franchise to erect, maintain and use poles, wires, cables or 23 other suitable devices for the transmission of electrical energy 24 over, along and across the following described streets, alleys 25 and other public places in the City of Port Angeles, to -wit: 26 Commencing at the boundaries of the Rayonier plant in 27 Port Angeles, Washington thence continuing southerly to the 28 East parking strip at the corner of Jones and Water Streets; 29 thence continuing along the easterly parking strip of Jones Street 30 to the Northeast corner of East First and Jones Streets; thence 31 continuing at right angles along the northerly parking strip of 32 First Street to the Northeast corner of Chambers and First Streets; 1 ;thence continuing southerly along the easterly parking strip to 2 '!;the intersection of Chambers Street and a point 12 1/2 feet South 3 ii of the northerly margin of the Boulevard; thence continuing easterl 4 Yalong said Boulevard 12 1/2 feet South of the northerly margin 5 {thereto to the point at right angles to the Rayonier bus position 6 j on the Bonneville Sub- station; thence continuing southerly at 7 fright angles across said Boulevard to the Bonneville Substation 8 ;;together with all necessary guy stubs, guy poles, overhead guys, 9 '.anchors and appurtenances. 10 Section 2: This franchise is granted for the purpose of 11 jextending to the Company for a period of twenty -five (25) years 12 !!from and after the �dr day of ,0T, /A/r, the right of 13 ilmaintaining its electrical transmission system together with the 14 !; right to install such other means, equipment or devices as shall 15 ;11 be necessary to maintain and operate the Company equipment for the 16 Jpurpose of transmitting electric current to Rayonier Incorporated 17 as the same is now established, constructed and in operation and 18 the successors and assigns of the licensee corporation. 19 Section 3: The Company, its successors and assigns, sha 20 remove, relocate or cause to be relocated any of its poles, lines, 21 conduits or other services from the streets and alleys covered by 22 this franchise as may be required by the City for the purpose of 23 i regrading, relocating or repairing any such street or alley within 24 1 thirty (30) days on written notice frpm the City. •!'he City shall 25 '!bear the cost of moving its own equipment installed upon the 26 a Companies poles in case of'such replacement. 27 Section 4: The City shall at all times have the right 2$ i1 to make contact with and fasten to the poles of the Company, all 29 i +circuits belonging to or used by the. City for the purpose of 30 supplying heat, light and /or power to the consumers of such 31 licurrent served by the City, such use to be limited to the lower fl 32 thirty -five (35) feet, measured from the ground. All such ij 1 i4construction to comply with the laws of the State of Washington. 2 Section 5: The Company shall, and does hereby agree, to 3 save the City harmless by reason of any damage or claim for 4 damages to persons or property or to the City of Port Angeles 5 arising from or in any way growing out of the erection, install- 6 ation or other maintenance of the poles, wires and other equipment 7 of the Company herein provided for, but the Company shall not be .8 Viable for any damages arising out of the use of such poles or g 'other equipment installed thereon by the City. 10 Section 6: That all equipment installed by the Company 11 1within the corporate limits of the City of Port Angeles under 12 this franchise shall in every respect conform to the requirements 13 'set forth, and .prescribed by the statutes of the State of Washingto 14 ,land the ordinances of the City of Port Angeles, which are now or 15 may hereafter be in effect. The Company shall further at such 16 ;times as the City shall direct, wash the insulators and other 17 'installations carried upon its pole lines, and shall also at such 18 (times tighten all loose hardware upon its said pole lines, or 19 ,take such measures as may be necessary to eliminate unnecessary 20 radio or television interference. The City of Port Angeles shall 21 have full right and authority by and through its light superinten- 22 (dent to inspect the construction, equipment or material of the 23 'Company for the purpose of determining, that the requirements of 24 this ordinance have been fully complied with. 25 Section 7: That in the event it is necessary to reinstal 26 hor replace any of the poles herein provided. for and licensed, the 27 Company shall, whenever possible, set its poles to correspond 28 { to the present location of said poles or the light poles of the 29 ICity of Port Angeles, to the end that the least possible duplicatiol 30 of existing poles shall result from the installation herein 31 ,permitted on the streets and alleys above named. Whenever poles 32 of the Company shall be installed to take the place of existing ii ti 3. poles of the City, as hereby provided, the cost of transferring 2 ,'the City's wires and equipment from its own poles to those 3 installed by the Company shall bp-borne entirely by the Company. 4 1! Section 8: That all lines or replacements hereafter 5 constructed by the Company under authority of this Ordinance 6 shall be installed upon insulators of sufficient type and weight 7 4 in capacity to^ carry, a voltage„ acid current equal to twenty per 8 cent excess over the voltage and current actually carried upon 9 such lines. 10 Section 9: The Company shall pay for the rights and 11 privileges herein granted the, sum of One Dollar ($1.00) per 12 .,annum for the term hereof, payable in advance on the first day 13 ! of c�r9.li�atey_ of each year. 14 ! Section 10: That the Company shall within fifteen (15) 15 days from and after the passage and approval of this ordinance 16 file its acceptance in writing hereof with the Clerk of the City. 17 Section 11: This ordinance shall take effect and be in 18 force five (5) days after its passage, approval and publication 19 �' as required by law. 20 '' INTRODUCED: August 7 , 1958 21 !' PASSED: Selik e m b e r / S , 1958 22 APPROVED AND SIGNED By the Mayor: Se , e m D 8 r / g' , 195 • 23 24 !1 4. 25 '�:44 6 ATTB T: 26 Ij 27 ! - w City Clerk 28 lApproved as to form: 29 30 31 !, 32 PUBLISHED: Au f,Sept 21, Se 25 , 1958. 1 i 76eS6 47( w" a or M y