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HomeMy WebLinkAbout1983ORDINANCE NO. !9f3 AN ORDINANCE granting to ITT RAYONIER INCORPORATED (here- inafter "Rayonier "), its successors and assigns, the right to construct, maintain, and operate electric power lines by means of poles and wires or other means of conducting electrical energy along certain streets and public places in the City of Port Angeles (hereinafter "City "). WHEREAS, Rayonier is required to construct and operate a secondary treatment facility for the treatment of pulp mill effluent from its Port Angeles dissolving grade sulfite pulping mill, located within the City; and, WHEREAS, in order to operate said facility considerable electrical energy must be used at the site of said facility; and, WHEREAS, said electrical energy must be transported via a 69 kilovolt transmission line suspended over certain public ways within the City; and, WHEREAS, it is of mutual benefit to the City and Rayonier for the City to grant Rayonier an easement for the purposes herein set forth; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Port Angeles as follows: Section 1: That there be, and is hereby granted unto Rayonier, its successors and assigns, the right, privilege, authority and easement to erect, maintain and use poles, wires, cables or other suitable devices for the Transmission of electrical energy over, along and across :the following described streets, alleys, and other public places in the City of Port Angeles, to wit: 1 • Along the northerly side of Water Street commencing twenty -eight feet (28') North of the centerline of Water Street where the easterly margin of Jones Street extended northeasterly would intersect the centerline, and proceeding on a line easterly to the eastern margin of the right of way of Ennis Street. Section 2: That the right, privilege, authority and easement hereby granted to Rayonier are for a period of twenty - five (25) years from and after the )4,- day of 1978, and for Rayonier to erect, maintain and use poles, or other suitable devices for the support of wires, in, over, along and across the above- described streets, for the purpose of transmitting electric current to Rayonier's secondary treatment plant from its substation at approximately the northeast corner of the intersection of Jones and Water Streets within the City. Section 3: That Rayonier, its successors and assigns, shall remove, relocate or cause to be relocated any of its poles, lines, conduits or other services from the streets and alleys covered by this grant as may be required by the City for the purpose of regrading, relocating or repairing any such street or alley within thirty (30) days on written notice from the City. The City shall bear the cost of moving its own equip- ment installed upon Rayonier's poles in case of such replacement. Section 4: That the City shall at all times have the right to make contact with and fasten to Rayonier's poles all circuits belonging to or used by the City for the purpose of supplying heat, light and /or power to the consumers of such current served by the City, such use to be limited to the lower thirty -five (35) feet, measured from the ground. All such_construction to comply with the Laws of the State of Washington. Section 5: That Rayonier shall, and does hereby agree to, save the City harmless by reason of any damage or claim for damages to persons or property or to the City of Port Angeles arising from or in any way growing out of the erection, installa- tion or other maintenance of the poles, wires and other equipment of the Company herein provided for, but Rayonier shall not be liable for any damages arising out of the use of such poles or other equipment installed thereon by the City. Section 6: That all equipment installed by Rayonier within the corporate limits of the City of Port Angeles under this grant shall in every respect conform to the requirements set forth and prescribed by the statutes of the State of Washing- ton and the ordinances of the City of Port Angeles, which are now or may hereafter be in effect. Said cables to be suspended forty (40) feet above ground level. Rayonier shall further at such times as the City shall direct, wash the insulators and other installations carried upon its pole lines, and shall also at such times tighten all loose hardware upon its said pole lines, or take such measures as may be necessary to eliminate unnecessary radio or television interference. The City of Port Angeles shall have full right and authority by and through its light superintendent to inspect the construction, equipment or material of Rayonier for the purpose of determining that the requirements of this ordinance have been fully complied with. Section 7: That in the event it is necessary to reinstall or replace any of the poles herein provided for, Rayonier shall, whenever possible, set its poles to correspond to the present location of said poles or the light poles of the City of Port Angeles, to the end that the least possible duplication of existing poles shall result from the installation herein per- mitted on the streets and alleys above - named. Whenever poles 3 1 of Rayonier shall be installed to take the place of existing poles of the City, as hereby provided, the cost of transfer- ring the City's wires and equipment from its own poles to those installed by Rayonier shall be borne entirely by Rayonier. Section 8: That all lines or replacements hereafter con- structed by Rayonier under authority of this ordinance shall be installed upon insulators of sufficient type and weight in capa- city to carry a voltage and current equal to twenty percent excess over the voltage and current actually carried upon such lines. Section 9: That Rayonier shall pay for the rights and privileges herein granted the sum of One Dollar ($1.00) per annum for the term hereof, payable in advance on the first day of of each year. Section 10: That Rayonier shall within fifteen (15) days from and after the passage and approval of this ordinance file its acceptance in writing hereof with the Clerk of the City. Section 11: That this ordinance shall take effect and be in force five (5) days after its passage, approval and publication as required by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of the Council on the /4/- day of Ltd , 1978. ATTEST: PUBLISHED: $` , 19i 4 HIr John B. Gray Vire President and General Manager N- 0.3 p11r.1970 �r : REC I F1 CITY OF PORT ANGELES ,y cr' CITY CLERK :5L 1E6E 6.� R.�,L Ms. Marian C. Parrish - City Clerk City of Port Angeles 140 West Front Street Port Angeles, Washington 98362 ITT Rayonier Inc. Northwest Regional Operations C -68967 Suite 9011 Sea -Tac Office Center 18000 Pacific Highway South Seattle, Washington 98188 Telephone (206) 246 -3400 August 14, 1978 Dear Ms. Parrish: ITT Rayonier accepts in its entirety and with no reserva- tions or exceptions the obligations, terms and conditions of Ordinance No. 1983, adopted by the City Council at a regular meeting on August 1, 1978, granting to Rayonier an easement for the erection and maintenance of electrical transmission facilities within the City of Port Angeles. JBG:dw cc: R. K. Rogstad i Very truly yours, $14/1A) I/`3' I1(1114 7