HomeMy WebLinkAbout1149 AN ORDINANCE relating to and authorizing the cogstruction, mai~enanc~ and opera-
tion by the Petroleum Navigatlon Co., ±nc., a corporation, ox certain 'iron
pipe lines along, across and under Porter Street, Callow Avenue and Mont-
gomery Avenue; granting the necessary franchise rSghts and authorizinM the
epartment of Streets and Public Improvements to issue a permit therefor.
Be it ordained by the City Commission of the City of Bremerton, as follows:
Section 1. That there be, and is her.eby granted to Petroleum Navigation
Co., Inc., a corporation, its successors and assigns, hereinafter Called the "per-
mittee~, the right, privilege and authority to lay, maintain and operate, until the
1st day 0~ July, 1957,not to exge~d five (5) iron pipe lines, the largest of which
s-~l not be in exces'~' of four (4) inche? in diameter, for conveying oil and oil
products between its dock site and the o~l storage plants now operated by the Texas
Corporation, the General Petroleum Corporation, and the Associated 0il Company, a-
long, across, and under Porter Street, Callow Avenue and Montgomery Avenue, in the
City of Bremerton, all within strips of ground five (5) feet wide, the center lines
of which are described as follows:
Commencing at a point 2.5 feet north of the South line
of Porter Street 155 feet more or less East of the South-
east corner of Porter Street and Wycoff Avenue; thence
East parallel to the South line of Porter Street and a-
cross Callow Avenue 340 feet more or less to the inter-
section of Porter Street and Montgomery Avenue; thence
North 2.5 feet East of and parallel to the West line of
Montgomery Avenue 220 feet more or less;
Also from a point on the South line of Porter Street 140
feet, more or less, East of the Southeast corner of Porter
Street and Callow Avenue northerly across Porter Street
to the North line of said Porter Street;
Also ~rom a point on the~ south line of Porter Street 155
feet ~ore or less East of the Southeast corner of Porter
Street and Wycoff Avenue Northerly across Porter Street to
the north line o2 said Porter Street.
Section 2. All construction herein authorized sh~ll be 'done under the
supervision and control of the DepartnLent of Streets & Public Improvements of the
City of Br~emerton, and the said pipe lines shall be laid underground at such depth
as shall be directed by the Department of Streets & Public Improvements. All addi-.
tional expense to be incurred in the construction, repair, alteration or mainten-
ance of any public utility, which expens~ is occasioned by,the presence of said
pipe lines, is to be borne bY said permittee, payment therefor to be made to the
City Treasurer within thirty (30) days after the rendition of a bill therefor.
Section 3. That the Department of Streets & Public Improvements is hereby
authorized and directed to issue to said permittee a permit to construct said pipe
lines below the surface ¢,f said streets, upon such p~ans and specification, and in
such manner and in such places as the Department of Streets & Public Improvements
shall deem proper.
S~ction~4. That all the right, privilege and authority herein conferred
upon and granted said pern~ittee, its successors and assigns, shall cease and term-
inate at 12:00 o'clock midnight on the 1st day of July, 1957, and within 'ninety
(90) days after the e~piration or termination thereof the said permittee, its suc-
cessors and assigns, shall remove said pipe lines and shall place all portions of
said streets that may have been.disturbed for any part of said pipe lines in as good
condition for public use, aud in as good condition in all respects, as the abutting
portions thereof.
Section 5. Nothing in this ordinance contained shall be construed as
granting any exclusive franchise or privilege in said streets or any por'tion thereof
and the right granted by this ordinance shall be subject to the right of the City
Commission or the people of the City of Bremerton, acting for themselves by th'e
initiative and referendum, to at any time repeal, amend or modify this ordinance
and grant, with due regard to the rights of the permittee and of the interests of
the public, and to cancel, forfeit and abrogate any rbght or privilege granted by
this ordinance if the franchise hereby granted is not operated in full accordance
with the provisions hereof, or at all, and at any time ~uring the grant to acquire
by purchase or condemnation, for the use of the City itself, all the property of
the permittee within the limits of the public streets at a fair and just value,
which shall not include any valuation of the franchise itself, which franchise shall
thereupon terminate.
Section 6. This grant is subject to the primary use by the City of Brem-
erton of said streets as highways, and the City expressly reserves the right to re-
quire the said permittee, its successors and assigns, to remQwe said pipe lines and
fill the space formerly occupied thereby, in case it is at a~ time rendered nec-
essary by the fact that use of the space oO'e~p~i.e'd ~y said pipe lines is convenient
or required for, or if said pipe lines inter'fere~with..anM primary use of said space
by, the City of Bren~rton, and a~determination~by~the~%v Commi~sion by ordinance,
that such space is so required for suc'h'pri~Ga~.'~'%, S~li be conclusive and final
without any~rlght of the ~ermittee, its succes~brs and assigns, ~o resort to the '
courts to. question the same.
ORDINANCE NO. 1149 .Con't.
Section 7~ T.hst sai~.pe~mitD~e, its~ successors snd.~ssign~, shall.
in digging and consDruc~lng saiG plpe lines, GO no aamage ~o ~ne surface oz' sa~a
streets or to the pavements, curbs, sidewalk, s, or any other property on or at the
surface o2 said streets, or to any line of pipe or conduits, or other property,
under the surface of said streets, and that in case damage is caused to any of
said matters by the construction, maintenance or operation of said pipe lines,
the permittee shall forthwith, and at its oE cost and charges, repair all of
said damage and place said property in as good condition as it was prior to the'
occurrence of such d~age.
Section 8. That said per~ittee shall so constr~ct and maintain said
pipe lines that the same will be impervious to water or other fluids 0r gases,
which may exist tn, or which may be released into, by accident or a negligent
act or omission of any person, corporation or municipality, or which may escape
or seep into the earth surrounding or under said pipe lines, and will be at all
times proof against the entry of any such water, fluids or gases and against the
escape of any oil, or other material, conveyed by permittee through said. pipe
lines; and permittee expressly wai'ves any and all cl~im against the City of Brem-
erton for damages.which it, or its successors or assigns, may at any time suffer
by reason of the entrance into said pipe lines of water, fluid or any gas what-
'soever, or by the escape of any oil, or other material, from said pipe lines,
whether damage be done by said water, fluid or gas to said pipe lines ~d the
oil, or other material, therein contained, or to other property owned by per-
mittee, or to any property situated in or about said pipe lines, or by any oil
or other fluid or gas which may escape from said pipe lines.
Section 9. That the permittee by its ~&cceptance o~ this ordin~ce and
the right, privilege and authority hereby granted, does covenant and agree for
itself, its successors and assigns, with the City of Bremerton~to at all times
protect and save 'harmless the s~id City of Bremerton from all claims, actions,
suits, liability, loss, costs, ex~,ense or damages of every kind and description
which may accrue to, or ~e suffered by, any person ~or persons, by reason of tt~e
erection, construction, reconstruction, relocation, replacing, readjustment, re-
pair, maintenance, operation or use of said pipe lines or the improI,er occupation
or use of said streets~or any portion thereof; and in case any suit or action
shall be instituted or begun against said City for D~ages ar~siug out o~, o~ by
reason of, the erection, construction, reconstruction, relocation, replacing,
adjustment, repair, ~intenance, operation or use o~ said pipe llnes,' the said
permittee, its successors or assigns, shall, upon notice to it or them, upon com-
mencement of said suit or action, defend the same at its or their sole cost and
expense, ~d in case Judgment shall be rendered against such City in ~y such
suit or action, said permitt~e, its successors or assigns, shall fully satisfy
said judgment within ninety (90) days after such action or suit shall have been
finally determined, if determined adversely to said City.
Section 10. That the permittee, its successors and assigns, shall not
reconstruct, relocate, replace, readjust or repair said pipe lines except under
the supervision and control of, and in strict accordance with plus and specifi-
cations theretofore approved and adopted by the Department of Streets & Public
Improvements; and the said permittee, its successors and assigns, ~en directed
to do so by said Department of streets & Public I~provements, shall, at its oE
cost and expense, reconstruct, relocate, replace, readjust or repair said pipe
lin~s in strict accordance with plans and specifications approved and adopted by
sai~~ Department of Street & Public Improvements, whenever such reconstruction,
relocation, replacement, readjustment or repair shall, in the judgment of said
Department of Streets & Public Improvements, be necessary or convenSent because
of deterioration or unsafe condition of said pipe lines; change of street grade; ~
improvement of streets, separation of grades; installation of sewers, water mains
or other improvements, or because o2 the installation, erection, construction,
reconstruction, replacement, maintenance,~ operation or repair of any and all mu-
nicipally owned public utilities, or for any other cause.
This ordinance, shall be in effect from and after thirty (30) days from
the time of its final passage.
The foregoing ordin~ce, complete in the form in.which finally passed,
having re~ained on file with the City Clerk for public inspection at least one
week, passed the City Co~ission the 5th day of J~e, 1937.
Signed in open session in due authentication of its ~assage this 12th
day of June, 1937.
/ ~ - Mayor
Oo~ sSi0ner
Filed this day of
, ~1937. s,,,. ~ ~m:~,.~ Commissioner
a~ fpre~n8 is a t~ue and'.~r[ect ~py ol
~ ~nce ~s~d by the ci~ cemmi~ion
~ the ~ oi Bra~on, Washington on