HomeMy WebLinkAbout3998ORDINANCE NO. 3?7(
AN ORDINANCE of the City Council of the Cityof Kent, Washington, granting Olympic Pipe Line
Company, âî interstate pipeline corporation
incorporated in the State of Delaware, a nonexclusive
franchise to construct, operate, maintain, remove,
replace, and repair existing pipeline facilities, together
with equipment and appurtenances thereto, for the
transportation of petroleum products within and
through the franchise area of the City of Kent.
RECITALS
A. Olympic Pipe Line Company ("Company") has applied for a
nonexclusive franchise to construct, operate and maintain an existing
petroleum pipeline through certain public rights of way and property within
the City of Kent ("City"); and,
B. RCW 354.47.040 authorizes the City to grant nonexclusive
franchises for the use of public streets and other public ways under
conditions set by ordinance; and
C. The City Council finds that it is in the public interest to specify
the rights and duties of Company through a franchise.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 7, -Definitions. For the purposes of this Franchise and
all exhibits attached hereto, the following terms, phrases, words and their
derivations will have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the future,
words in the plural include the singular, and words in the singular include
the plural. Words not defined will be given their common and ordinary
meaning.
1.1. Construct or Construction means removing, replacing, and
repairing existing pipeline(s) or Facilities and may include, but is not
limited to, digging or excavating for the purposes of removing, replacing,
and repairing existing pipeline(s) or Facilities.
L.2. Effective Date means the date designated herein, after passage,
approval and legal publication of this Ordinance and acceptance by
Company, upon which the rights, duties and obligations will come in effect
and the date from whlch the time requirement for any notice, extension or
renewal will be measured.
1.3. Emergency me.ans an unforeseen event or set of circumstances
which demands immediate action to preserve or protect public health, life
or property.
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L.4. Emergency Management Laws include any applicable federal, state
or local rules and regulations relating to emergency mitigation,
preparedness, response, and recovery which may include Homeland
Security Presidential Directive (HSPD) 5 establishing the National
Incident Management System ("NIMS"), the Revised Code of Washington
(*RCW") Chapter 38.52, and the Washington Administrative Code ("WAC')
Chapter 118-30. Also included are WAC Chapter 118-40 Hazardous
Chemical Emergency Response Planning and Community Right to Know
Reporting and RCW 70.L36 Hazardous Materials Incidents.
1.5. Environmental Laws include the Resource Conservation and
Recovery Act, 42 U.S.C. 5 6901 et seq.; the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. S
9601 et seq.; the Hazardous Materials Transportation Act,49 U.S.C.5
1801 et seq.; the Federal Water Pollution Control Act, 33 U.S,C, 5 1257 et
seq.; the Clean Air Act, 42 U.S.C. S 740I et seq.; the Toxic Substances
Control Act, 15 U.S.C. 5 2601 et seq.; the Federal Insecticide, Fungicide,
and Rodenticide Act,7 U.S.C. g 136 et seq.; the Occupational Safety and
Health Act,29 U.S.C.5 651 et seq.; the Washington Hazardous Waste
Management Act, Chapter 70.105 RCW; and the Washington Model Toxics
Control Act, Chapter 70.105D RCW all as amended from time to time; and
any other valid and applicable federal, state, or local statute, code, or
ordinance or valid and applicable federal or state administrative rule,
regulation, ordinance, order, decree, or other valid and applicable
governmental authority as now or at any time hereafter in effect
pertaining to the protection of human health or the environment.
1.6. Facilities means the Company's pipeline system, lines, valves,
mains, and appurtenances used to transport or distribute the Company's
Petroleum Product(s), existing as of the date of this Franchise or as those
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components may be modified or improved consistent with the terms of
this Franchise.
L.7. Franchise means his Franchise and any amendments, exhibits, or
appendices to this Franchise.
1.8. Franchise Area includes the following:
STREET WIDTH APPROX. DISTANCE/LOCATION
Across S. 228th St.
Across S. 212th St.
Across S. Smith St.
Across W. Meeker St.
Across W. Willis St.
Across S. 259th St.
Across S. 262nd St.
Across W. James St.
L75O'EICL 68th Ave. S.
1750' E/C1 68th Ave. S.
L775'EICL 68th Ave. S.
L775'EICL 68th Ave. S.
75O' WCL 5th Ave.
L275' W/CL 3rd Ave.
2L5O' E/CL West Valley Hwy.
L775' E/WL Section 13, T 22 N,
R 4 E, W.M.
60 feet
60 feet
60 feet
60 feet
60 feet
60 feet
60 feet
66 feet
and any Right of Way, Public Way, Other Way or designated Public
Property within the jurisdictional boundaries of the City where the
Facilities may be located, including any areas annexed by the City (but
excluding properties annexed upon which the Company holds a private
easement, license, or other property interest for its Facilities) during the
term of this Franchise, in which case the annexed area will become subject
to the terms of this Franchise.
1.9. Hazardous Substance means any hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including all
substances designated under the Resource Conservation and Recovery
Act, 42 U.S.C. S 6901 et seq.; the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C.5 9601 et seq.; the
Hazardous Materials Transportation Act,49 U.S,C. S 1801 et seq.; the
Federal Water Pollution Control Act, 33 U.S.C. g 1257 et seq.; the Clean
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Air Act, 42 U.S.C. g 74OI et seq.; the Toxic Substances Control Act, 15
U.S.C. g 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide Act,
7 U.S.C.5 136 et seq.; the Washington Hazardous Waste Management
Act, Chapter 70.105 RCW; and the Washington Model Toxics Control Act,
Chapter 70.105D, RCW; all as amended from time to time; and any other
federal, state, or local statute, code or ordinance or lawful rule, regulation,
order, decree, or other governmental authority as now or at any time
hereafter in effect. The term will specifically include Petroleum and
Petroleum Products. The term will also be interpreted to include any
substance which, after release into the environment, will or may
reasonably be anticipated to cause death, disease, behavior abnormalities,
cancer, or genetic abnormalities.
1.10. Improve or Improvements means modifications to, but not a
change in the basic nature, size or location of, the existing pipeline(s) or
Facilities, as required or necessary for safe operation.
1.11. Maintenance or Maintain means examining, testing, inspecting,
repairing, and replacing the existing pipeline(s) or Facilities or any part
thereof as required or necessary for safe operation.
L.Lz. Petroleum or Petroleum Products includes, but are not limited to
motor gasoline, diesel fuel, and aviation jet fuel, and will exclude natural
gas.
1.13. Pipeline Corridor means the pipeline pathway through the
jurisdictional boundaries of the City in which the pipeline(s) or Facilities of
the Company are located, including any Rights-of-Way, Public Property,
Public Ways, Other Ways, or easements over and through private
property.
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t.t4. Pipeline Operation and Safety Laws include any valid and applicable
federal, state or local rules and regulations relating to the operations,
management, maintenance, damage prevention, public education,
emergency planning and response or other activities relating to hazardous
liquid pipelines, which includes the Federal Pipeline Safety Act,49 U.S.C.
60101 et seq. and the Pipeline Safety Code of Federal Regulations, 40 CFR
Parts 186-199, all as amended from time to time and any other valid and
applicable federal, state or local law.
1.15. Public Improvement means any installation, construction,
modification, relocation, maintenance, testing, or repair within the
Franchise Area done by the City or on its behalf,
1.16. Public Ways means any highway, street, alley, utility easement
(unless their use is otherwise restricted for other users), or other public
Rights-of-way for motor vehicle or other use under the jurisdiction and
control of the City.
t.L7. Public Properties means the present or future property owned or
leased by the City within the present or future corporate limits, or
jurisdictional boundaries of the City.
1.18. Operate or Operations means the use of the Company's pipeline(s)
or Facilities for the transportation, distribution and handling of Petroleum
or Petroleum Products within and through the Franchise Area.
1.19. Other Ways means the highways, streets, alleys, utility easements or
other Rights-of-Way within the City as encompassed by RCW 47.24.O20 and
47.52.090.
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L.20. Rights-of-Way means the surface and the space above and below
and appurtenant to streets, roadways, highways, avenues, courts, lanes,
alleys, sidewalks, easements, and similar Public Property, Public Ways or
Other Ways and areas located within the Franchise Area.
SECTION 2. - Purpose. The City grants this nonexclusive Franchise
to Company to construct, operate and maintain its existing Facilities as a
liquid Petroleum Product delivery system for Company's business. This
Franchise is granted subject to the police powers, land use authority and
franchise authority of the city and is conditioned upon the terms and
conditions contained herein and Company's compliance with any applicable
federal, state or local regulatory programs that currently exist or may
hereafter be enacted by any federal, state or local regulatory agencies
with jurisdiction over the Company. The purpose of this Franchise is to
delineate the conditions relating to Company's use of the Franchise Area
and to create a foundation for the parties to work cooperatively in the
public's best interests after this Ordinance becomes effective. By granting
this Franchise, the City is not assuming any risks or liabilities therefrom,
which will be solely and separately borne by Company.
Furthermore, this Franchise is granted upon the express condition
that it will not in any manner prevent the City from granting other or
further franchises in, under, on, acrossr over, through, along or below the
Franchise Area. This and other franchises will, in no way, prevent or
prohibit the City from using any of its Rights-of-Ways, Public Property,
Public Ways, and Other Ways or affect its jurisdiction over them or any
part of them, and the City hereby retains full power to make all changes,
relocations, repairs, maintenance, establishments, improvements,
dedications or vacations of same as the City may seem fit, including the
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dedication, establishment, maintenance and improvement of all new
Rights-of-Way, streets, avenues, thoroughfares, and Public Ways, or Other
Ways.
SECTION 3. - Rights Conveved.
3.1. Pursuant to the laws of the State of Washington including, but not
limited to, RCW 35A.47.O40, the City hereby grants, under the terms and
conditions contained herein, to Company, a corporation organized and
existing under and by virtue of the laws of the State of Delaware, and
which is authorized to transact business within the State of Washington,
the right, privilege, authority and Franchise to Construct, Operate,
MaintaÍn and Improve its existing Facilities, together with all equipment
and appurtenances as may be necessary thereto, for the transportation
and handling of any Petroleum or Petroleum Products, within the existing
Pipeline Corridor passing through the Franchise Area.
3.2. This Franchise is only intended to convey a limited right and interest
as to that Public Rights-of-Way, Public Property, Public Ways and Other
Ways in which the City has an actual interest. It is not a warranty of title
or interest in the City's Rights-of Way, Public Property, Public Ways and
Other Ways. None of the rights granted herein will affect the City's
jurisdiction over its property, streets or rights of way.
3.3. The limited rights and privileges granted under this Franchise will
not convey any right to Company to install any new pipeline(s) or Facilities
that change the basic nature, size or location of the Facilities without an
amendment to this Franchise Ordinance.
3.4. The Company acknowledges and warrants by acceptance of the
rights and privileges granted herein, that it has carefully read and fully
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comprehends the terms and conditions of this Franchise and is willing to
and does accept all reasonable risks of the meaning of the provisions,
terms and conditions herein. The company further acknowledges and
states that it has fully studied and considered the requirements and
provisions of this Franchise, and believes that the same are consistent
with all local, state and federal laws and regulatÍons currently in effect,
including the Federal Pipeline safety Act (49 u.S.c. 60101 et seq.) and the
Pipeline safety code of Federal Regulations (49 cFR Parts 186-199). If in
the future the Company becomes aware that a provision of this Franchise
may be unlawful or invalid, it will not use such potential invalidity to
unilaterally ignore or avoid such provision. Instead, the Company will
promptly advise the City of the potential invalidity or illegality, and the
parties will meet within thirty (30) days and endeavor jointly to cure the
invalidity or illegality.
SECTION 4. - Term.
4.L. Each of the provisions of this Franchise will become effective upon
Company's acceptance of the terms and conditions of this Franchise and
will remain in effect for ten (10) years thereafter. Within one year of the
end of the ten (lO)-year term, either party may request an extension for a
period of one (1) additional year.
4.2. If the parties fail to formally renew the Franchise prior to the
expiration of its term, the City may extend this Franchise on a year-to-
year basis (or such term as the parties may mutually agree) until the City
may grant a renewed Franchise. Extensions will not be automatic, but
must be granted in writing by the City.
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SECTION 5. - Assignment and Transfer of Franchise,
5.1. This Franchise will not be sold, assigned, transferred, leased or
disposed of, either in whole or in part, nor will title thereto, either legal or
equitable, pass to or vest in any person or entity without the prior written
consent of the City Council, acting by ordinance or resolution, which
consent will not be unreasonably withheld. Such consent will not be
deemed to waive any rights of the City to subsequently enforce non-
compliance issues relating to this Franchise that existed at or before the
time of the City's consent.
5.2. If such consent is given by the City then the Company will, within
thirty (30) days, file with the City a written instrument evidencing such
sale, assignment or transfer of ownership, whereby the assignee(s) or
transferee(s) will agree to accept and be bound by all of the provisions of
this Franchise.
SECTION 6. - Compliance with Laws and Standards. Company will,
in carrying out any activities under the privileges granted herein, comply
with all valid and applicable local, state and federal laws, as amended from
time to time; including, but not limited to, Pipeline Operation and Safety
Laws, Emergency Management, Environmental and Hazardous Substance
Laws, and any laws, regulations or orders that may be subsequently
enacted by any governmental entity with jurisdiction over Company or the
Facilities.
SECTTON 7.- /]nnqfrt trf inn ôn nr t¡tif hin Pinhf<-nf lAlav Þt thlir
Propertíes Public Ways and Other Ways.
7.7. This Section 7 will apply to all Construction, Improvements or
Maintenance done by Company or its agents within the City.
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7.2. Except in the event of an Emergency, Company will first obtain
applicable permits from the City to perform Construction, Improvements
or Maintenance work on Company's Facilities within the City. The permit
application will contain detailed plans and specifications ("Plans") showing
the position, depth and location of all such Facilities in relation to City
Rights-of-Ways, Public Property, Public Ways, and Other Ways, or other
City property, and specifying the class and type of material and equipment
to be used, manner of excavation, construction, installation, backfill,
erection of temporary structures and facilities, erection of permanent
structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. The Company will file
as-built plans and maps showing the final location of the Facilities. Such
work will only commence upon the issuance of applicable permits, and
payment of the associated fees, which permits will not be unreasonably
withheld or delayed after submission of a complete application. Once a
permit is issued, except in the event of an Emergency, the Company will
provide the City with at least seventy two (72) hours written notice prior
to any construction or maintenance on the Company Facilities within the
Franchise Area. Company will restore the Franchise Area as nearly as
possible to the condition that existed immediately prior to the Company's
Construction, Improvement or Maintenance work.
7.3. In the event of an Emergency requiring immediate action by
Company for the protection of the pipeline(s) or Facilities, or preservation
or protection of public property, the environment or the property, life,
health or safety of any individual, the Company may take action
immediately to correct the dangerous condition pursuant to Section 11
without first obtaining any required permit so long as: (1) the Company
notifies the City Fire Department of the Emergency, including the nature,
location and extent of the Emergency through the City's designated
dispatch system (i.e. 911), including any additional information required
11 ",r-O,F:::ff;::
by the City's or Company's emergency response plans or Emergency
Management Laws and (2) the Company informs the City's designated
permitting authority of the nature, location, and extent of the Emergency,
and the work to be performed, prior to commencing the work if such
notification is practical, or where such prior notification is not practical, the
next business day; and (3) such permit is obtained by the Company as
soon as practicable.
7.4. Before undertaking any of the work, installation, improvements,
construction, repair, relocation, or maintenance authorized by this
Franchise, as a condition precedent to the issuance of any permits by the
City, the Company will, upon the request of the City, furnish a bond
executed by the Company and a corporate surety authorized to operate a
surety business in the State of Washington, in such sum as may be set
and approved by the City as sufficient to ensure performance of the
Company's obligations under this Franchise and the permit. The bond will
be conditioned so that the Company will observe all the covenants, terms
and conditions and will faithfully perform all of the obligations of this
Franchise and the permit, and to repair or replace any defective work,
materÍals or Facilities, if required, discovered in the Franchise Area.
7.5. All work done hereunder by Company or upon Company's direction
or on Company's behalf will be undertaken and completed in a
workmanlike manner and in accordance with the Plans and approved
permit. The Company's activities will be conducted in such a manner as to
avoid damage or interference with other utilities, drains or other
structures, and not unreasonably interfere with public travel, park uses or
other municipal uses, and the free use of adjoining property and so as to
provide safety for persons and property. The Company's Construction or
Maintenance will be in compliance with all valid and applicable laws and
regulations and specifications of governmental agencies with jurisdiction.
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7.6. If the Company, its agents or employees or the Facilities of the
Company cause any damage to the Franchise Area during the work
described in this Section, the Company agrees to promptly repair the
damage at its own cost and expense. The Company will, upon discovery
of any such damage, immediately notify the City. The City will inspect the
damage, and set a time limit for the Company to complete the repair. If
the City discovers any such damage caused by the Company or its
Facilities, the City will give the Company notice of the damage and set a
time limit for the Company to complete the repair. In the event the
Company does not make the repair as required in this section, the City
may repair the damage at the Company's sole expense and invoice the
Company for all reasonable costs incurred by the City.
7.7. The Company will place and maintain line markers pursuant to
federal regulations within and along the Pipeline Corridor. Additionally,
Company agrees to continue its voluntary practice of placing continuous
markers underground, when and where appropriate, indicating the
pipeline's location each time Company digs to the pipeline, or such other
"industry best practices' as may from time to time be developed as a
method of alerting excavators of the presence of the pipeline.
7.8. The Company will continuously be a member of the State of
Washington One-number locator service (RCW L9.L22), or approved
equivalent, and will comply with all such applicable rules and regulations.
7.9. If the Company applies for a permit within the Franchise area, the
Company will not open cut the Right-of-Way affected by the permit
application if the City has completed an asphalt overlay on such Right-of-
Way during a five (S)-year period immediately prior to the date of a
permit application or such Right-of-Way has a City pavement rating of 70
or higher, unless required by an Emergency or federal or state rule or13 ",r^o,Fx::{i::
order or otherwise approved by the City. If any such Right-of-Way is open
cut, whether in an Emergency or otherwise, the Company will install or
cause to install a new asphalt overlay in accordance with City Construction
Standards or other specifications for a minimum of one hundred fifty (150)
feet in length in both directions from the open cut at Company's sole
expense. The Company may request that the City install the new asphalt
overlay and invoice the Company for all reasonable costs incurred by the
City, but the City is not required to do so. Company or its agent will
obtain any necessary permits pursuant to Section 7 for any asphalt
overlays required by this Section.
SECTION 8. - Abandonment or Removal of Facilities.
8.1. The Company will notify the City of any abandoned Facilities or
permanent cessation of use of any of its Facilities within sixty (60) days
after such abandonment or cessation of use.
8.2. In the event of abandonment or Company's permanent cessation of
use of its Facilities, or any portion thereof within the Franchise Area, the
Company will, within one hundred and eighty days (180) after the
abandonment or permanent cessation of use, at Company's sole cost and
expense, either remove the Facilities or alternatively, with the consent of
the City, which consent will not be unreasonably withheld, the Company
may secure the Facilities in such a manner as to cause them to be as safe
as is reasonably possible, by removing all Petroleum Products, purging
vapors, displacing the contents of the line with an appropriate inert
material and sealing the pipe ends with a suitable end closure, all in
compliance with valid and applicable regulations, and abandon them in
place provided that portions of the Facilities which are above ground will
be removed. Company will obtain any necessary permits pursuant to
Section 7 for any securement or removal of Facilities under this Section.
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8.3. In the event of the removal or securement of all or a portion of the
Facilities, Company will restore the Franchise Area as nearly as possible to
a condition that existed prior to removal or securement of Company's
Facilities. Such property restoration work will be done at Company's sole
cost and expense and to the City's reasonable satisfaction. If Company
fails to remove or secure the Facilities and fails to restore the premises or
take such other mutually agreed upon action, the City ffiây, after
reasonable notice to Company, remove the Facilities, restore the premises
or take such other action as is reasonably necessary at Company's sole
expense and invoice the Company for all reasonable costs incurred by the
City which costs shall be paid within thirty (30) days of invoice. This
remedy will not be deemed to be exclusive and will not prevent the City
from seeking a judicial order directing that the Facilities be removed or
properly abandoned in place.
8.4. If the Company abandons the Facilities in place, it will retain the
obligation to remove, alter, relocate or re-secure such Facilities in the
future at Company's sole expense in the event it is reasonably
determined, in the sole discretion of the City, that removal, alteration,
relocation or re-securing the Facilities is necessary or advisable for the
health, safety, necessity or convenience of the public. If the Company fails
to remove, alter, relocate or re-secure such Facilities in the future, the
City may, after reasonable notice to Company, cause the Facilities to be
removed, the premises to be restored or take any other action as is
reasonably necessary at Company's sole expense and invoice the
Company for all reasonable costs incurred by the City which costs shall be
paid within thirty (30) days of invoice. In the event the City causes any
work to be done on the Facilities, it will use a contractor or personnel that
are qualified under Company's required Operator Qualification Program.
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8.5. The parties expressly agree that the provisions of this Section B will
survive the expiration, revocation or termination of this Franchise.
SECTION 9. - Operations and Maintenance - Inspection and
Testing.
9.1. At City's request, the Company will provide, at its sole cost and
expense, a briefing by qualified testing experts to explain the inspection
results and Franchisee's proposed corrective action(s). Said qualified
testing expert may be an employee or representative of the Company.
9.2. The City will require all excavators that make application and are
subject to a City grading or right-of-way permits working within 100 feet
of the Company's Facilities to notify the Company at least 48 hours prior
to the start of any work and to comply with the requirements of the State
of Washington One-number locator service law (RCW t9.L22). If the
Company becomes aware that a third party conducts any excavation or
other significant work that may affect the Facilities, the Company will
conduct such inspections or testing as is necessary to determine that no
direct or indirect damage was done to the Facilities and that the work did
not abnormally load the Company's Facilities or impair the effectiveness of
the Company's cathodic protection system. Upon written request, the
Company will report to the City its inspection and findings. In the event of
damage by a third party, Company will make or cause to make all
necessary or required repairs at no cost to the City unless and to the
extent such third party is an agent or acting on behalf of the City.
SECTION 70, - Excavation Management.
10.1. The Company will maintain a written program to prevent damage to
its Facilities from excavation activities, as required by applicable state and
federal guidelines.
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LO.2. The Company and the City will comply with applicable and valid
federal, state and local requirements regarding excavation management,
including the State of Washington One-number locater service (RCW
L9.L22).
SECTION 77. - Leaks- Spills and Emergency Response.
11.1. The Company warrants that it will maintain and provide to the City
an Emergency Response Plan that is in compliance with the applicable
Pipeline Operation and Safety Laws and Emergency Management Laws or
requirements of local, state and federal agencies with jurisdiction. Upon
written request by either party, the parties agree to meet periodically to
review the Emergency Response Plan and procedures.
The Company's Emergency Response Plan and procedures will
designate the Company's responsible local emergency officials and a direct
24-hour emergency contact number for the control center operator. The
Parties will cooperate throughout the term of this Franchise to keep
emergency contact information up to date and accurate. The Company
will, after being notified of an Emergency, cooperate with the City and
make every effort to respond as soon as possible to protect public
property and the public's health, safety and welfare.
11.2. The Company will cooperate with the City in planning for and
responding to Emergencies involving or affecting Company's Facilities
requiring protection of property, public health and safety. The Company
warrants that it will at all times have available, within King County,
sufficient emergency response personnel, equipment and materials to
immediately and fully respond to any spill, leak, rupture or other release
of Petroleum Products or Hazardous Substances from Company's
pipeline(s) or Facilities and that Company will be solely responsible for all
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reasonably necessary costs incurred by any agency in responding
appropriately to any spill, leak, rupture or other release of Petroleum
Products or Hazardous Substances from Company's pipeline(s) or
Facilities, including, but not limited to, detection and removal of any
contaminants from, earth or water, all remediation costs, equipment
replacement, and staffing costs, except for any spill, leak, or other release
that results from the sole negligence or willful misconduct of the City or its
contractors.
11.3. In the event of an Emergency, the Company will 1) notify the City
Fire Department of the Emergency, including the nature, location and
extent of the Emergency through the City's designated dispatch system
(i.e.911), including any additional information required by the City's or
Company's Emergency Response Plans or Emergency Management Laws;
2) investigate, respond to and report any leaks, spills, ruptures and other
Emergencies affecting the City as required by applicable federal or state
regulations and Emergency Response Plans; and 3) provide to the City a
copy of any reports related to the investigation and response to any such
Emergency or resulting corrective actions which are required by applicable
federal or state regulations or directed by governmental authorities with
jurisdiction. The Company will notify the City Emergency Manager of the
Emergency at 253-856-4316 as soon as is practicable
SECTION 72. - Required Relocation of Facilities.
L2.L. In the event that the City undertakes or approves the construction
of, or changes to the grade or location of, any water, sewer or storm
drainage line, street, sidewalk, or any other Public Improvement Project
and the City determines that the Public Improvement Project reasonably
requires changes to or the relocation of Company's Facilities, then
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Company will make such changes or relocations in a timely manner as
required herein at Company's sole cost, expense and risk.
72.2. The City will provide the Company reasonable written notice of any
Public Improvement Project in the interest of public health, safety,
welfare, necessity or convenience that requires changes to or the
relocation of Company's Facilities. The City will endeavor, where practical,
to provide the Company at least two years prior written notice, or such
additional time as may reasonably be required, of such Public
Improvement Project, However, nothing in this Section will be construed
as to relieve Company of its duty and obligation to relocate its Facilities to
accommodate any Public Improvement Project undertaken by the City
after written notice of any Public Improvement Project.
L2.3. The City will further provide the Company with copies of pertinent
portions of the final plans and specifications for such Public Improvement
Project so that the Company may make the required changes to or
relocate its Facilities to accommodate such Public Improvement Project.
The Company will cooperate with the City, upon request, by assisting the
City in locating and marking the Facilities during the design phase,
including providing the horizontal and vertical location of the Company's
Facilities within the Franchise Area related to the proposed Public
Improvement Project by field markings or Facilities location markings on
the City's design drawings.
L2.4. The Company may, after receipt of written notice requiring changes
to or relocation of its Facilities under Section L2.2, submit to the City,
within ninety (90) days, written alternatives to such relocation. The City
will evaluate such alternatives and advise the Company in writing if one or
more of the alternatives are suitable to accommodate the Public
Improvement Project that would otherwise necessitate changes to or
19 Olympic Pipeline
Franchise
relocat¡on of the Facilities. If so requested by the City, the Company will
submit additional information to assist the City in making such evaluation
including actual field verification of the location(s) of the Company's
underground Facilities within the Public Improvement Project area by
excavating (e.9., pot holing) and restoring the premises to the same
condition, at no expense to the City. The City will give each alternative
proposed by the Company full and fair consideration, but retains sole
discretion to decide whether to utilize its original plan or an alternative
proposed by the Company. If it is determined and agreed upon by the
City and the Company that it is in the mutual best interest of both the City
and the Company to redesign a proposed Public Improvement Project
rather than have the Company relocate its facilities, the Company will be
responsible for the reasonable incremental costs of redesigning the Public
Improvement Project, including, but not limited to, the increased costs of
design, construction or Right-of Way acquisition to avoid relocation of
Company's Facilities.
L2.5. If the City requires the Company to relocate any portion of its
Facilities that have already been relocated as required by the City under
this section within five (5) years of the original relocation, the City will
bear the entire cost of the subsequent relocation.
L2.6. The Company will not be required to relocate its Facilities at its
expense for the benefit of private developers or third party projects.
However, in the event the City reasonably determines and notifies the
Company that the primary purpose for requiring such changes to or
relocation of the Company's facilities by a third party is to cause or
facilitate the construction of a Public Improvement Project consistent with
the City Capital Investment Plan; Transportation Improvement Program;
or the Transportation Facilities Program, or other similar plan, then the
Olympic Pipeline
Franchise
20
Company will change or otherwise relocate its Facilities in accordance with
this Section 12 at Company's sole cost, expense and risk.
L2.7. The City will work cooperatively with the Company in determining a
viable and practical route within which the Company may relocate its
facilities, in order to minimize costs while meeting the City's project
timelines and objectives. The City's requirements with regard to the
required changes or relocation (i.e. depth of cover, distance from other
utilities, etc.) must be reasonable and consistent with applicable federal
and state requirements however, nothing in this section will be construed
as to limit the City's police power, land use authority, franchise authority
or the City's authority to regulate the Company's use of the Franchise
Area.
L2.8. Company understands that the City desires all relocation work to be
completed prior to issuing bids for the Public Improvement Project and
that relocation of Company's Facilities must be completed prior to the
commencement of the Public Improvement Project to avoid delays in the
project schedule and resulting cost increases. Upon receipt of the City's
reasonable notice and plans and specifications per Sections L2.2 and 12.3,
Company will take all necessary, prudent and prompt measures to
complete relocation of such Facilities at least one hundred eighty (180)
calendar days prior to the scheduled commencement of the Public
Improvement Project. The parties may mutually agree in writing to such
other time for completion of the relocation if the City has provided less
than one (1) year's notice or other unique circumstances exist as long as it
is reasonably prior to the scheduled commencement of the Public
Improvement Project, Company agrees that it will be responsible for any
additional costs from delays to the Public Improvement Project to the
extent such additional costs are caused by unreasonable delays in
Olympic Pipeline
Franchise
2I
Company's completion of the relocation of its Facilities, unless such delays
by Company are beyond its reasonable control.
L2.9. The city will take reasonable steps to cooperate with the company
on any effort by the company to apply for and obtain any local, state or
federal funds that may be available for the relocation of the company's
Facilities provided, however, that the company's application for any such
funds will not delay the city's Public Improvement Project. To the extent
such funds are made available; the company may apply funds towards the
costs incurred to relocate the Company's Facilities.
SECTION 73. - Violations Remedies and Termination.
13.1. The Company will be in compliance with the terms of this Franchise
at all times. The city reserves the right to apply any of the following
remedies, alone or in combination, in the event Company violates any
material provision of this Franchise. The remedies provided for in this
Franchise are cumulative and not exclusive; the exercise of one remedy
will not prevent the exercise of another or any rights of the City at law or
equity.
L3.2. The City may terminate this Franchise if the Company materially
breaches or otherwise fails to perform, comply with or otherwise observe
any of the terms of this Franchise, and fails to cure or make reasonable
effort to cure such breach within thirty (30) calendar days of receipt of
written notice thereof, or, if not reasonably curable within thirty (30)
calendar days, within such other reasonable period of time as the parties
may agree upon.
Olympic Pipeline
Franchise
22
13.3. Either party may invoke the Dispute Resolution clause contained in
Section L4 of this Franchise as it deems necessary with regard to
termination.
L3.4. If the Company's right to operate its Facilities within the Franchise
Area is ultimately terminated, the Company will comply with the terms of
this Franchise regarding removal or abandonment of the Facilities and
restoration of the premises, and with all directives of applicable federal,
state or local agencies with jurisdiction.
13.5. In the event the Company fails to comply with any terms or
conditions of this Franchise and such noncompliance continues for a period
of more than thirty (30) days after Company receives written notice from
the City regarding such noncompliance, the City ffiây, but is not obligated
to, complete or cause to complete any obligation of the Company under
this Franchise including the work, repair, removal or relocation of
Company's Facilities or restoration of City's Franchise Area at the
Company's sole expense. The Company will immediately reimburse City
for its reasonable costs and expenses incurred due to Company's
noncompliance, which may include reasonable overhead expenses and
attorneys' fees. In the event the City causes any work to be done on the
Facilities, it will use a contractor or personnel that is qualified under
Company's required Operator Qualification Program.
SECTION 74. - DÌspute Resolution.
L4.L. In the event of a dispute between the City and the Company arising
by reason of this Franchise/ or any obligation hereunder, the dispute will
first be referred to the representatives designated by the City and the
Company to have oversight over the administration of this Franchise. Said
officers or representatives will meet within thirty (30) calendar days of
23 ",r^r,F:r,::[,::
either party's request for said meeting, and the parties will make a good
faith effort to attempt to achieve a resolution of the dispute.
L4.2. In the event that the parties are unable to resolve the dispute under
the procedure set forth in Section L4.L, then the parties hereby agree that
the matter will be referred to mediation. The parties will endeavor to
select a mediator acceptable to both sides. If the parties cannot reach
agreement, then each party will secure the services of a mediator at its
own expense, who will in turn work together to mutually agree upon a
third mediator to assist the parties in resolving their differences, whose
expense will be shared equally by the parties. Any other reasonable
expenses incidental to mediation will be borne equally by the parties.
L4.3. If either party is dissatisfied with the outcome of the mediation, that
party may then pursue any available judicial remedies. Each party will be
responsible for its own costs and attorneys' fees. Venue and jurisdiction
shall be in the Superior Court for King County Washington.
Determinations of the court shall be made pursuant to the laws of the
State of Washington without regard to conflicts of law provisions.
L4.4. Subject to state and federal regulation, the Company will be
permitted to continuously operate its Facilities during dispute resolution.
SECTION 75, - Indemnification.
15.1. General Indemnification. Except for environmental matters, which
are covered by a separate indemnification in Section L5.2 below, the
Company will indemnify, defend and hold harmless the City, it agents,
officers or employees, from any and all liability, loss, damage, cost,
expense, and any claim whatsoever, including reasonable attorneys' and
experts' fees incurred by the City in defense thereof, whether at law or in
Olympic Pipeline
Franchise
24
equity, arising out of or related to, directly or indirectly, the construction,
operation, use, location, testing, repair, maintenance, removal,
abandonment or damage to the Company's Facilities, or from the
existence of the Company's pipeline and other appurtenant facilities, and
of the products contained in, transferred through, released or escaped
from said pipeline and appurtenant facilities, from any and all causes
whatsoever, except the City's sole negligence and except to the extent it is
caused by the City's non-compliance with Section L0.2, above (One-
number locator service requirements). If any action or proceeding is
brought against the city by reason of the pipeline or its appurtenant
facilities, the Company will defend the city at the company's complete
expense, provided that, for uninsured actions or proceedings, defense
attorneys will be approved by the City, which approval will not be
unreasonably withheld.
It is further specifically and expressly understood that the indemnification
provided herein constitutes the Company's waiver of immunity under Title
51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties.
L5.2 Environmental Indemnification. The Company will indemnify, defend
and hold harmless the City, it agents, officers or employees, from and
against any and all liability, loss, damage, expense, actions and claims
either at law or in equity, including, but not limited to, costs and
reasonable attorneys' and experts' fees incurred by the City in defense
thereof, arising from (a) company's violation of any Environmental or
Hazardous Substance laws applicable to the Facilities or (b) from any
release of a hazardous substance on or from the Facilities except to the
extent it is caused by City's noncompliance with Section 10.2 above (one-
number locator service requirements). This indemnity includes, but is not
limited to, (a) liability for a governmental agency's costs of removal or
25 Olympic Pipeline
Franchise
remedial action for hazardous substances; (b) damages to natural
resources caused by hazardous substances, including the reasonable costs
of assessing such damages; (c) liability for any other person's costs of
responding to hazardous substances; and (d) liability for any costs of
investigation, abatement, correction, cleanup, fines, penalties, or other
damages arising under any Environmental or Hazardous Substance laws;
and (e) liability for personal injury, property damage, or economic loss
arising under any statutory or common-law theory.
SECTION 76, - Insurance.
16.1. The Company will procure and maintain for the duration of the
Franchise, insurance; or upon City's written approval based on satisfactory
evidence of financial capacity and stability, company may provide self-
insurance, against all claims for injuries to persons or damages to
property which may arise from or in connection with the exercise of the
rights, privileges and authority granted hereunder to the Franchisee, its
agents, representatives or employees. The Company will provide an
insurance certificate, together with an endorsement naming the City, its
officers, elected officials, agents, employees, representatives, engineers,
consultants and volunteers as additional insureds, to the City upon the
Company's execution of this Franchise, and such insurance certificate will
evidence the following minimum coverages:
A. Commercial general liability insurance including coverage for
premises - operations, contractual liability, explosions and collapse
hazard, underground hazard and products completed hazard, with
limits not less than $100,000,000 per occurrence and in the
aggregate for bodily injury or death to each person; and in the
aggregate for propefty damage resulting from any one accident;
and in the aggregate for general liability.
26 Olympic Pipeline
Franchise
B. Automobile liability for owned, non-owned and hired vehicles
with a limit of $1,000,000 for each person and $1,000,000 for each
accident.
C. Worker's compensation within statutory limits and employer's
liability insurance with limits of not less than 92,000,000.
D. Environmental pollution liability with a limit not less than
$50,000,000 for each occurrence, covering liability from sudden or
accidental occurrences to the extent such coverage is reasonably
available in the marketplace, and if not, a substantially equivalent
coverage for similar occurrences.
L6.2. Any deductibles or self-insured retention will be the sole
responsibility of the Company. The insurance certificate required by this
Section will contain a clause stating that coverage will apply separately to
each insured against whom claim is made or suit is brought, except with
respect to the aggregate limits of the insurer's liability.
16.3. The Company's insurance will be primary insurance with respect to
the City, its officers, officials, employees, agents, consultants, and
volunteers. Any insurance maintained by the City, its officers, officials,
employees, consultants, agents, and volunteers will be in excess of the
Company's insurance and will not contribute with it.
L6.4. In addition to the coverage requirements set forth in this Section,
the certificate of insurance will provide that:
"The above described policies will not be canceled before the
expiration date thereof, without the Company giving sixty (60)
days written notice to the certificate holder."
16.5. The Company will furnish the City with certificates of insurance and
original endorsements evidencing the coverage required by this Section
Olympic Pipeline
Franchise
27
upon acceptance of this Franchise. The certificates and endorsements will
be signed by a person authorized by the insurer to bind coverage on its
behalf and must be received and approved by the City prior to the
commencement of any work.
16.6. If coverage is purchased on a "claims made" basis, then the
company will warrant continuation of coverage, either through policy
renewals or the purchase of an extended discovery period, for not less
than three (3) years from the date of termination of this Franchise or
conversion from a "claims made" coverage form to an "occurrence"
coverage form.
L6.7. The indemnity and insurance provisions herein under Sections 15
and 16 will survive the termination of this Franchise and will continue for
as long as the Company's Facilities will remain in or on the Franchise Area
or until the parties execute a new Franchise agreement that modifies or
terminates these indemnity or insurance provisions.
SECTION 77. - Annual Franchise Fee.
L7.L. The current franchise fee is set at $22,000 per annum for use of the
franchise area. The Company will pay 918,495.82 representing the
difference between the current fee and the amount of the franchise
payment the Company made to the City in 2010. The Franchise fee for
2OLI-ZOLZ is $22,330.00 ($22,000.00 multiplied by LVzo/o), which is
intended to cover the City's reasonable costs related to the general
administration of the Franchise and its terms and conditions.
I7.2. Beginning with year two of the Franchise term and each year
thereafter, the annual fee shall be increased by the most recently
published Consumer Price Index All Urban Consumers (CPI-U) for the
Seattle-Tacoma-Bremerton Area, or at a rate of one and one half percent
28 Olympic Pipeline
Franchise
(LVzo/a), whichever is greater. Each increase will become effective on the
anniversary date of this Franchise each year.
L7.3. Each annual payment will cover the next twelve (12) month period
and will be paid not later than the anniversary date of the Effective Date of
this Franchise. Interest will accrue on any late payment at the rate of
twelve percent (LzVo) per annum. Such interest will be in addition to any
applicable penalties for late payment. Any partial payment will first be
applied to any penalties, then interest, then to principal.
17.4. The Franchise fee set forth in Section 17.1 does not include, and the
Company agrees that it is separately responsible for, other reasonable
costs incurred by the City including, but not limited to reviewing,
inspecting, licensing, permitting or granting any other approvals necessary
for the Company to operate and maintain its Facilities or for any inspection
or enforcement costs thereunder (i.e,, customary permitting fees),
repairing or restoring damage to City property in the Franchise Area under
Sections 7 or B, responding to any leak, spill or Emergency under section
11, any additional costs for redesign or delays to a Public Improvement
Project under Section L2 or any other extraordinary cost borne by the City
caused by company or its Facilities. The city will invoice company
separately for these reasonable costs and Company will pay within thirty
(30) days of receipt of an invoice. Interest will accrue on any late
payment at a rate of twelve percent (L2%o) per annum. Additionally, the
foregoing annual fee does not include any generally applicable taxes that
the City may legally levy. The Company will bear the cost of publication of
this Ordinance. Nothing in this Section will be construed as limiting the
Company's right to seek recovery from third parties.
Olympic Pipeline
Franchise
29
SECTION 78, - Legal Relations.
18.1. The Company accepts any privileges granted hereunder by the City
to the Franchise Area in an "as is" condition. The Company agrees that
the City has never made any representations, implied or express
warranties or guarantees as to the suitability, security or safety of the
location of the Company's Facilities or the Facilities themselves or possible
hazards or dangers arising from other uses or users of the Franchise Area
including the City, the general public or other utilities. As between the
City and the Company, the Company will remain solely and separately
liable for the function, inspection, testing, maintenance, replacement or
repair of the Facilities or other activities permitted hereunder.
18.2. This Franchise Ordinance will not create any duty of the City or any
of its officials, employees or agents and no liability will arise from any
action or failure to act by the City or any of its officials, employees or
agents in the exercise of powers reserved herein. Further, this Ordinance
is not intended to acknowledge, create, imply or expand any duty or
liability of the City with respect to any function in the exercise of its police
power or for any other purpose. Any duty that may be deemed to be
created in the City hereunder will be deemed a duty to the general public
and not to any specific party, group or entity.
18.3. This Franchise will be governed by, and construed in accordance
with, the laws of the State of Washington.
SECTION 79. - Company's Acceptance. The City may void this
Franchise Ordinance if the Company fails to file its unconditional written
acceptance of this Franchise within thirty (30) calendar days from the final
passage of same by the City Council. The Company will file its
unconditional written acceptance with the City Clerk of the City of Kent.
30 Olympic Pipeline
Franchise
SECTION 20. - Notice.
20.L. All notices, demands, requests, consents and approvals which ffiây,
or are required to be given by any party to any other party hereunder, will
be in writing and will be deemed to have been duly given if delivered
personally, sent by facsimile, sent by a nationally recognized overnight
delivery service, or if mailed or deposited in the United States mail and
sent by registered or certified mail, return receipt requested, postage
prepaid to:
City:
City of Kent
220 4th Avenue South
Kent, WA 98032
Attn: Brian Felczak, Fire Department
W¡th copy to:
Tom Brubaker, City Attorney
City of Kent Law Department
220 4th Avenue S
Kent, WA 98032
Companyr
Olympic Pipe Line Company Attn: President
23L9 Lind Avenue S.W.
Renton, Washington 98055
W¡th copy to:
Mark Johnsen
Karr Tuttle Campbell
LZOL Third Avenue, Suite 2900
Seattle, Washington 98101
or to such other address as the foregoing parties hereto may from time-
to-time designate in writing and deliver in a like manner. All notices will be
deemed complete upon actual receipt or refusal to accept delivery.
Facsimile transmission of any signed original document and retransmission
Olympic Pipeline
Franchise
31
of any signed facsimile transmission will be the same as delivery of an
original document.
20.2. To ensure effective cooperation, the Company and the City will each
designate a representative responsible for day-to-day communications
between the Parties.
SECTION 27. - Miscellaneous.
2L.t. In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or
unenforceable, the parties will negotiate in good faith and agree, to the
maximum extent practicable in light of such determination, to such
amendments or modifications as are appropriate actions so as to give
effect to the intentions of the parties as reflected herein. If severance from
this Franchise of the particular provision(s) determined to be invalid,
illegal or unenforceable will fundamentally impair the value of this
Franchise, either pafty may apply to a court of competent jurisdiction to
reform or reconstitute the Franchise so as to recapture the original intent
of said particular provision(s). All other provisions of the Franchise will
remain in effect at all times during which negotiations or a judicial action
remains pending.
2L.2. Whenever this Franchise sets forth a tíme for any act to be
performed, such time will be deemed to be of the essence, and any failure
to perform within the allotted time may be considered a material violation
of this Franchise.
2L.3. In the event that the Company is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s)
beyond the reasonable control of the Company, then the Company's
Olympic Pipeline
Franchise
32
performance will be excused during the Force Majeure occurrence, except
that it will make best efforts to perform all its obligations under Section 11
at all times, Upon removal or termination of the Force Majeure occurrence
the Company will promptly perform the affected obligations in an orderly
and expedited manner under this Franchise or procure a substitute for
such obligation or performance that is satisfactory to the city. The
Company will not be excused by mere economic hardship or by
misfeasance or malfeasance of its directors, officers or employees.
2L.4. The Section headings in this Franchise are for convenience only, and
do not purpoft to and will not be deemed to define, limit, or extend the
scope or intent of the Section to which they pertain.
27.5. By entering into this Franchise, the parties expressly do not intend
to create any obligation or liabilityf or promise any performance to, any
third party, nor have the parties created for any third party any right to
enforce this Franchise.
2L.6. This Franchise and all of the terms and provisions will be binding
upon and inure to the benefit of the respective successors and assignees
of the parties.
2L.7. The parties each represent and warrant that they have full authority
to enter into and to perform this Franchise, that they are not in default or
violation of any permit, license, applicable regulation, order or similar
requirement necessary to carry out the terms hereof, and that no further
approval, permit, license, certification, or action by a governmental
authority is required to execute and perform this Franchise, except such
as may be routinely required and obtained in the ordinary course of
business.
Olympic Pipeline
Franchise
33
2L.8. This Franchise Ordinance will be effective upon the date of the
timely filing of Company's written unconditional acceptance having been
first 1) introduced to the City Council not less than five days before its
approval; 2) submitted to the City Attorney; 3) published at least once in
a newspaper of general circulation in Kent; and 4) approved by a vote of
at least a majority of the city council of the city of Kent at a regular
meeting.
SECTION 22, - Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 23, - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection n u m bering.
SECTION 24' - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage; having first been
submitted to the Kent City Attorney; having been granted by the
approving vote of at least a majority of the City Council at a regular
meeting after introduction on May L7, 20LL; and after having been
published at least once in a newspaper of general circulation in the City of
Kent.
Olympic Pipeline
Franchise
34
KE, MAYOR
ATTEST:
BRENDA JACOBER,CLERK
APPROVED AS TO FORM:
TO BRUBAKER, CITY ATTORNEY
PASSED, 7 day of
APPROVEa: 7 day of
PUBLISHE o, /t day of
20tt.
2OLL.
ZOLL.
I hereby certify that this is a true copy of Ordinance No. 3?f /
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
SEAL)
BRENDA JACOB CITY CLERK
Olympic Pipeline
Franchise
35
UNCONDITIONAL ACCEPTANCE BY OLYMPIC PIPE LINE COMPANY
OF ORDINANCE NO 3qq8
OF THE CITY OF KENT, WASHINGTON
The undersigned official of Olympic Pipe Line Company, hereby accepts
Ordinance No.3qq4 which was passed by the City Council of the
City of Kent, Washington on June 7, 20LL and is entitled:
AN ORDINANCE of the City Council of the Cityof Kent, Washington, granting Olympic Pipe Line
Company, âñ interstate pipeline corporation
incorporated in the State of Delaware, a nonexclusive
franchise to construct, operate, maintain, remove,
replace, and repair existing pipeline facilities, together
with equipment and appurtenances thereto, for the
transportation of petroleum products within and
through the franchise area of the City of Kent,
IN TESTIMONY WHEREOF said Olympic Pipe Line Company, Inc.,
caused this written Acceptance to be executed in its name by
undersigned authorized signer, duly authorized on this 2o day
ìT¡ J e--20LL
OLYM PIPE LINE COMPANY
has
its
of
By:
Print Name:^iTitle: P..=,'Å e^t
Olympic Pipeline
Franchise
36
State of Washington
County of
I certify that I know of have satisfactory evidence that ,Wnc
/rlr ld¡H is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that
(he/she) was authorized to execute the instrument and acknowledged it as
the Pr¿siden+of Olympic Pipe Line Company to be the
free and voluntary acts of such party for the uses and purposes mentioned
in the instrument.
Dated this 2O day of .(une,,2OTT.
(2r^r1o n Øtaù-t-
ttdfaryÞirbl¡c in an¿ for the 0
oF wÈ
State of Washington
My commission expi
)
)SS
'r.,-t
Received on behalf of the City this -?/ day of ,20LL
Olympic Pipeline
Franchise
Nam
Title
37
STATE OF \TASHINGTON, COUNTY OF KING ÌAFFIDAVIT OF PUBLICATIONPUBLIC NOTICELinda M Mills, being first duly sworn on oath that she is the LegalAdvertising Representative of theI(ent Reportera weekly newspaper, which newspaper is a legal newspaper ofgeneral circulation and is now and has been for more than six monthsprior to the date of publication hereinafter referred to, published inthe English language continuously as a weekly newspaper in KingCounty, Washington. The Kent Reporter has been approved asa Legal Newspaper by order of the Superior Court of the State of'Washington for King County.The notice in the exact form annexed was published in regularissues of the Kent Reporter (and not in supplement form) which wasregularly distributed to its subscribers during the below stated period.The annexed notice, a:Public Noticewas published on June 10, zOtI.The full amountof the fee charged for said foregoing publication isthe sum of.30.M. MillsLegal Advertising Representative, Kent ReporterSubscribed and sworn to me this 1Oth day of June, 201 1otary PulnCITYOFKENTNOTICE OF ORDINA¡ICESPASSED BYTHECITYCOUNCILThe following is a summary ofordinances passed by the KentCity Council on June 7, 201 l:ORDINANCE NO. 3998AN ORDINANCE of theCity Council of the City of Kent,Wæhington, granting OlympicPipe Line Company, an interstatepipeline corporation incorporatedin the State of Delaware, a non-exclusive franchise to construct,operate, maintain, remove,replace, and repair existing pipe-line facilities, together withequipment and appurtenancesthereto, for the transportation ofpeholeum products within andthrough the franchise area of theCity of Kent.Effective Date: July 7,2011Each ordinance will take effect30 days from the date of passage,unless subjected to referendumor vetoed by the Mayor, or unlessotherwise noted. A copy of thecomplete text of any ordinancewill be mailed upon request tothe City Clerk,Brenda Jacober, CMC,City ClerkPublished in the Kent Reporteron June 10, 201 l . #498248.P. O. Number:'Washingtonfor the State of 'Washington, Residing
Olympic Pipe Line Company
Right of Way Department
600 SW 39Ú' Street, Suite 275
Renton, WA 98057
Phone: (425) 235-7736
Fax: (425) 981-2525
July 6,2O2O
CITY OF KËlT
JU{- CI ? 2t2û
El\lGl¡IEERIl{G DEP,4RÏ1l4Ël|lI
City of Kent
Public Works Department
22O 4th Avenue S.
Kent, WA 98032
With copy to:
City Attorney
220 4th Avenue S.
Kent, WA 98032
Re: olympic Pipe Line Gompany LLG Franchise Renewal of ordinance No. 399g
Dear City of Kent:
On June 20,2021the pipeline franchise granted to Olympic Pipe Line Company under City
Ordinance No. 3998 will expire. Olympic Pipe Line Company LLC wishes to make formal
request to renewal the franchise.
Please feel free to contact me with any questions or for any information that you may
require.
Thank you for your time and consideration.
Sincerely,
,\^ùL ,\\a,.,
Joseph Stone
Right of Way Agent
(425)981-2506 office
ioseph.stone(Obp.com