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HomeMy WebLinkAbout1478 ORDINANCE NO. 1478 AN ORD.YNANCE of the City of Bremerton, State of Washington, granting to the United States of America the right to construct, operate, and maintain an electric power transmission line over and across said City's. °~4" water main ahd right of way therefor just west of Oyster Bay Street in Section 21, Township 24 North, Range 1 East, W.T~., Kitsap County, outside the City of Bremerton, State of Washington. BE IT ORDAINED by the City Commission of the City of Bremerton, State of Washington: ~ Section 1. The City of Bremerton, State of Washington, does hereby grant to the United States of America, Department of the Interior, acting by and through the Bonneville Power Administrator, Portland, Oregon, the right to construct, operate, and maintain for a period of fl fry (so) years one or more electric power transmission lines over and across the City of Bremerton's 24" water main and right of way there- for located outside the limits of said City just west of Oyster Bay Street in Section 21, Township 24 North, Range i East, W.N., Kitsap County, State of Washington, at U.S.B.P.A. survey station 88~08 in the El, E~ SE¼ NE ~ of Section 21, Pownshtp· 24 North, Range I East, W.M., and shown on sheet Z4 of drawing C192-$40-D1, on file in the office of the Commissioner of Public Works of the City of Bremerton. Section 2. All costs of construction, operation, maintenance, repair, reloca- tion, or removal of s~id electric power transmission lines shall be borne by the United States of ~nerica, and all construction, operation, and maintenance of said electric power transmission lines is to be performed in accordsncewith the appli- cable laws of the State of Washington, the specifications, rules, and regulations set forth in the latest editions of and supplements to the National Electrical Safety Code, promulgated by the United States Bureau of Standards. Section ~. Any and all damage or injury done or caused to be done to said Water pipe line or any portion thereof in the construction, operation, and mainten- ance of said electric power transmission lines shall be immediately repaired and reconstructed by the United States of America, under the supervision and to the satisfaction of the Commissioner of Public Works of sa~d City of Bremerton. Upon the failure, neglect, or refusal of the United States of ~erica to do and perform immediately any repairs or reconstruction of said City water main or portion there- of herein required of the United States of~America, the City of Bremerton may under- take and perform such repairs or reconstru6~ion and the cost thereof will be paid by the ~nited States of America upon presentation of properly executed voucher~ Ordinance No. 1478 (cont) therefor; provided, however, that said City of Bremerton shall submit an estimate of the cost of said repairs or reconstructic, n to the United States of America through the Bonneville Power Administrator, Portland, Oregon, and shall ob- tain the approval thereof before making such repairs or reconstruction. If, in an emergency' the existence of which shall be determined by said City of Bre'merton, it becomes necessary for said City of Bremerton to make such repairs or reconstruction without having thus obtained the approval of the United States, the United States shall not be required to make any payment therefor unless the sum expended, or any lesser sum, shall be later approved b,v the United States. The United States shall save the City harmless from any claims for damages or injury by reason of electric current getting into the City's water system from said electric transmission line. Section 4. Any breach of any of the conditions and requirements made in this ordinance, or failure on the part of the United States to proceed with due diligence and in good faith with the construction work to be done hereunder, shall subject · the rights granted herein to cancellation after a hearing before the City Commission of said City of Bremerton, of which said hearing the United States through said Bonneville Power Adminstrator shall be given at least ten (10) days written notice at its .~rin¢ipal place of business at Portland, Oregon, ot.~erwise by publishing a notice of said hearing once a week for two (2) successive weeks in a newspaper of general circulation in Kitsap County, Washington, the last publication to be at least ten (10) days before the date fixed for sai5 hearing. ~ Section 5. The United States of America, Department of the Interior, acting by and through the Bonneville Power Administrator, Portland, Oregon, shall with- in twenty (20) days from receipt of a certified copy of this ordinance file with ' the City Commission of the City of Bremerton, Washington, its written acceptance of the terms and conditions of this ordinance. Dated at Bremerton, Kttsap County, Washington, this 15th day of July, 1942. CITY OF BRENERTON STATE OF WASHINGTON Nayor /City C~erk I Nl. undersifned do ce~tify that the .liege end ~effoin~ is · ~ ordilie~ce passed b~ Ike city commis~lel et tie city of Bremedon, Waidlln&dmt lllOl~ dike.