HomeMy WebLinkAboutOrdinance 24-006 Yellowstone Pipe Line FranchiseCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 24-006
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING, MODIFYING, AND SUPPLEMENTING THE PROVISIONS OF
ORDINANCE 21-022, RELATING TO GRANTING A NON-EXCLUSIVE FRANCHISE TO THE
YELLOWSTONE PIPE LINE COMPANY TO CONSTRUCT, OPERATE, MAINTAIN,
REMOVE, REPLACE, AND REPAIR EXISTING PIPELINE FACILITIES FOR THE
TRANSPORTATION OF PETROLEUM PRODUCTS AND BYPRODUCTS WITHIN AND
THROUGH THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING
THERETO.
WHEREAS, Yellowstone Pipe Line Company (hereinafter "Yellowstone") owns and operates
certain facilities related to a petroleum pipeline within and through the City of Spokane Valley (hereinafter
{"City" or "the City") through a franchise agreement granted by Ordinance 21-022 in 2021; and
WHEREAS, Ordinance 21-022 governs Yellowstone's existing pipelines in City rights -of -way, but
not other City -owned property; and
WHEREAS, Yellowstone currently has facilities in the Burlington Northern Santa Fe (BNSF) rail
corridor in the vicinity of Pines Road, running generally in a linear fashion from east to west; and
WHEREAS, the City is currently in the design stage for the construction of a grade separation
project that will result in Pines Road being relocated to the east of its current configuration, and which will
require reconstruction of Pines Road under the BNSF rail lines; and
WHEREAS, Yellowstone's facilities are currently at a depth and location that will conflict with
the construction and operation of relocated Pines Road; and
WHEREAS, the City purchased a parcel of land, 45033.5010 in 2017 for the purpose of relocating
Pines Road east of its current configuration; and
WHEREAS, because the existing franchise granted through Ordinance 21-022 only relates to the
facilities in rights -of -way as they existed on the date the franchise became effective, the Parties desire to
amend Ordinance 21-022 to include the planned relocated portion of Yellowstone facilities in the future
right-of-way on parcel 45033.5010; and
WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive
franchises for the use of public streets, bridges or other public ways, structures or places above or below
the surface of the ground for railroads and other routes and facilities for public conveyances, for poles,
conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and
distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid
fuels, for water, sewer and other private and publicly owned and operated facilities for public service;" and
WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any
franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day
of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being
submitted to the city attorney, nor without having been granted by the approving vote of at least a majority
Yellowstone Pipe Line Franchise Ordinance 24-006 Page 1 of 5
of the entire legislative body, nor without being published at least once in a newspaper of general circulation
in the city before becoming effective;" and
WHEREAS, the City of Spokane Valley previously adopted Ordinance 21-022 on November 23,
2021 granting a non-exclusive franchise to the Yellowstone Pipe Line Company; and
WHEREAS, Yellowstone Pipe Line Company (hereinafter "Yellowstone") provided the City of
Spokane Valley with notice of intent to relocate the Yellowstone facilities within the franchise area to
Spokane County tax parcel # 45033.5010 to accommodate the aforementioned realignment of Pines Road;
and
WHEREAS, this Ordinance 24-006, amending Ordinance 21-022, has been submitted to the City
Attorney for review prior to its passage; and
WHEREAS, the Council finds that this Ordinance 24-006, an amendment to the grant of the
franchise to Yellowstone contained in Ordinance 21-022 is in the best interests of the public, and protects
the health, safety, and welfare of the citizens of this City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend the Franchise granted to Yellowstone in
Ordinance 21-022 by expanding the original Grant of Franchise to accommodate the relocation of
Yellowstone's facilities from the BNSF rail corridor to the City -owned Spokane County parcel number
45033.5010, which is the subject of a capital improvement project involving the grade separation of Pines
Road. Nothing herein shall be construed as an authorization or a permit for the actual construction or
relocation of Yellowstone's facilities onto City -owned parcel 45033.5010. Yellowstone is still responsible
to obtain all permits, authorizations and agreements for all work as required by Ordinance 21-022, and will
coordinate all work with the City so as to not negatively impact the City's project, CIP number 0223.
Section 2. Amendment. The definition of "franchise area" in section I of Ordinance 21-022 is hereby
amended as follows:
franchise area — shall mean the area within the jurisdictional boundaries of the City where Yellowstone
currently has facilities in the pipeline corridor, including any areas annexed by City during the term of this
franchise, in which case the annexed area shall become subject to the terms of this franchise. Franchise
area shall also mean the areas on the City -owned Spokane County parcel number 45033.5010 depicted and
described in Exhibit 2.
Section 3. Amendment. Section 2 of Ordinance 21-022, is hereby amended to include the following new
section.
2.1.1 In addition to the Grant of Franchise pursuant to section 2.1, the City hereby grants to Yellowstone,
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, its successors and assigns (as provided in
Section 4), the right, privilege, authority and franchise to relocate its existing facilities to, operate and
maintain said facilities necessary for the transportation, distribution and handling of any petroleum product
or byproduct thereof, liquids and gases, in the locations of Spokane County parcel number 45033.5010 as
specifically depicted and described in Exhibit 2, to the extent necessary to accommodate the City's Pines
Road grade separation project, CIP number 0223.
Yellowstone Pipe Line Franchise Ordinance 24-006 Page 2 of 5
Section 4. New Ex " hibit. Ordinance 21-022 is hereby amended to include the attached and herein
incorporated Exhibit 2.
Section 5. Amendment. Section 2.8 of Ordinance 21-022 is hereby amended as follows:
2.8 The parties acknowledge that Yellowstone has facilities on private property and Interstate 90 (1-90)
within the City limits, in addition to those on publicly -owned rights -of -way and eventually parcel number
45033,5010 thatare subject to this franchise, and that the terms of this franchise do not apply to those
facilities located on private property or within the 1-90 corridor. A route niap of Yellowstone's facilities,
including whether located on private or public property, is attached as Exhibit 1. Provided however, that
the terms of this franchise specifically apply to the relocation activities of Yellowstone's facilities frorn the
BNSF rail corridor and other property to city -owned parcel number 45033.5010 to the extent necessary to
accommodate the City's Pines.R-oad/BNSF Grade Separation Project, CIP number 0223, and the relocation
depicted in 'Exhibit 2.
Section 6. StipLtlqtL . The City and Yellowstone recognize and agree that all terns of Ordinance 21-022
Qq_
not specifically amended pursuant to Ordinance 24-006 shall apply equally and in the exact same inanner
to Ordinance 24-006, Further, the City and Yellowstone specifically recognize and, agree: that Section 15
of Ordinance 21-022 shall also apply to this amendment, Ordinance 24-006, in its entirely, including as it
relates to the relocation activities of Yellowstone's t1acilities from the BNS,F rail corridor and other property
to city -owned parcel number 45033.50 10 to accommodate the City's Pines Road/.BNS,F Grade Separation
Project., CIP number 0223, in lieu Of Yellowstone having to obtain duplicative coverage for this parcel -
specific expansion of the franchise. Yellowstone shall provide the City properly executed arnendirientsto
the certificates of insurance, guarantees and self-insurance provisions adding Ordinance 24-006 to the list
of Agreements to which such insurance, guarantees, and self- insurance provisions apply. This provision
was specifically requested by Yellowstone, and any inconsistencies, errors, or interpretations shall be
COJIStI'Lled against Yellowstone and not the City,
Section 7. Other Sections Unchqriggd. All other provisions of Ordinance 21-022 not specifically amended
herein shall remain in full force and effect.
Section 8. Seyerabi➢ity. If any section, sentence, clause or phrase of this Ordinance should be held to be
invalid Or Unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance.
In the event that any of the provisions of the franchise are held to be invalid by a court of competent
,jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add,
replace or modify any other provision of the franchise, or may terminate the franchise. Specifically, should
a Court of competent jurisdiction determine that the franchise granted in section 3 of Ordinance 24-006 is
invalid or unconstitutional, the parties agree that the terms of Ordinance 21-022 and as amended, modified,
and supplemented by Ordinance 24-006, shall continue in fuill force and effect as to parcel number
45033.5010 as a license granted from the City to Yellowstone for the purposes described herein.
Section 9. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication
of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as
provided by law.
PASSED by the City Council this ff) day of J14 2024.
0
"St - - -----
Parr Haley, Mayor 3
Yellowstone Pipe Line Franchise Ordinance 24-006 Page 3 of 5
ATI I EST:
m"Irci Pvttersoll, City Clerk
A(ppr ved as t F4 orm:
— r
ffi )the ClAttorney
filc
Dat f Publication:
EffectivcDatc,--R�i-° l
Yellowstone Pipe Line Franchise Ordinance 24-006 Page 4 of 5
UNCONDITIONAL ACCEPTANCE BY YELLOWSTONE:
1, the undersigned official of Yellowstone Pipe Line Company, any authorized to bind Yellowstone
Pipe Line Company and to unconditionally accept the teens and conditions of the foregoing franchise,
which are hereby accepted by Yellowstone Pipe Line Company this day of APP,11—
.2024.
Yellowstone Pipe Line Compa
B y: %'z2%r "
Name:
Title: 477MME'V -iiv- PAC r
IN WITNESS WHEREOF, EbA4tj)vD J, 81,MiK; has signed this —'P L day of
)j_-,2024, Subscribed and swarm before the this E7day ofdW)J— 2024.
REBECCA MAURA KAI E— ary Public in and for .. t . he State of
Notary Pubk residing in , t~, 1,&,f1v7v
State of Colorado
Notary 10,# 20204003201 Myconin-lission expires
MYC2.m�'s�s'tonE�,pires0�1-24-2�028.
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