HomeMy WebLinkAbout00244 MINUTES OF THE IL'GULAR SESSION OF THE CITY COUNCIL, MARCH 28, 194419
The general terms and conditions of such lease upon which the legislative authority
desires to lease said part of said waterworks and system above referred to are as set
forth in the following proposed form of lease, as follows:
II .-.._.__.
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1:--••. that r of the it s waterworks and system herein described ❑ c. leased
.._. r.AS th part e C c abed n e
P Y Y
q is now under lease from the City to Crown Zell rbn ch Corporation pursuant to an existing
lease between the City and National Paper Products Company, a corporation (to which
corporation said Cros:n Zellerhrch Corporation has succeeded), bearing date the 3rd
dap of :larch, 1926 (hereinafter referred to as the "Existing Lease"), and it is no,.,.,
necessary to replace certain portions of the pipe line described in Schedule A below,
and will probably become necessary in the course of some five or more years to replace
part or all of the portions of the pipe line described in Schedule B below, and the City
desires to make tin arrangement for said replacements whereby the coat of the acme will
be advenced as required by the City and repaid out of rentals of the system accruing
under the terms of this lease,
NC';,, TL?:FEcOFE, it is agreed as follows:
1. The City hereby leases to the Lessee that part of its waterworks and system
lying outside of the limits of said City, more particularly described as follows:
The head -woks and the diversion dam on Snow Creek, in Section 4, Township 26 North,
Range 2 V,est, ;7.M., Jefferson County, 7.'ashington, and the pipe line and right of way
leading from said head-^orks and diversion dam in a general Easterly direction to a
junction with the pine line constructed from the BIC Quilcene River in the Northwest
(quarter of the Southwest quarter of Section 1, Township 28 North, Range 2 Ylest, 71.M.;
also the hens -works and diversion dam erected under the plan or system known as the
"Big Cuilce:;e 7.'ater Extension Project,"( which dam is constructed across the Big Quilcene
:.iver ir_:(edintely below its confluence 'rith Tunnel Creek at a point located in Section
31, Township 27 North, flange 2 'hest, i7.Y., and within the Olympic National Forest,
Jefferson County, 7.ashin,-ton, together with rigi,t of way and pipe line from said head -
works on the Big Cvilcene in an Easterly and Southerly direction to the Soutn line of
Section 33, Township 27 North, Range 2 'hest, ';:.L1., and thence in s Northerly direction
to a junction with the pipe line from Snot: Creek, in Section 1, Township 28 North,
han_ce 2 ^lest, '+7.M.; thence: in r_ Northerly direction across Section 6, Township 28 North,
Range 1 pest, t'.'.k., to the North lire of said Section 6; thence paralleling the City of
Port To;nsendts water line from Snow Creel: (known as the Olympic Gravity "later System)
in a general Northerly direction to the Southerly bo-lidary line of the City of Port
Townsend; also the storage basin fox-,ed by City Lake, situated in Section 19, Township
29 North, Range 1 'hest, %1.1., to ether• with the real estate o'sn=d by the City of Port
Townsend surrounding the same, described as the Northeast (:;uarter (NE-1/4) of the South-
east Quarter (S7i-1/4), the Southeast p_uarter (SE-1/4) of the Northeast Quarter (NE-1/4),
and the South Half (S-1/2) of the North•.vest C.Uarter (N17-1/4) of the Southeast quarter
(SE-1/4), all in Section 19, Township 29 ++orth, Range 1 Test, Y:.L;., together with all
water rir'ts, permits easements, rights of ;.ay, diversion storks, pipe lines, storage
basins, reservoirs end all other equinc:enband appurtenance, of every kind and character,
real or persoanl, used or useful in connection with the operation of the portion of
said system hereinbefor•e described, whether nos: owned by the City or hereafter nequired;
but excluding any pipe lines used in connection with the same to supply customers of the
City of Port Townsend outside of said City, and excluding any part of said waterworks
and system wit::^in the city limits of the City of Port Townsend, the property hereby
lessed being that now under lease to the Crown Zellorbach Corporation pursuant to the
2. This lease shall be operative and in force for a period of ten (10) years,
beginning on October 1, 1958.
3. The Lessee small have full possession, control, use and enjoyment oi' said part
of said wsters:or•;s and system hereby leased throughout the period of said lease, except
and provided 'hat the City reserves from said water supply flowing through said water-
wor't:a and system a quantity of ::ate:• sufficient to serve the demands of all+present
and future consumers served by the City, either within or without the limits of said
City, including such water as may be needed by the `:ity for its own purposes, not ex-
ceeding, however, at any time, the maximum anluunt of four million (4,000,000) gallons
of water in any one day, which water so reserred shall be taken by the City at the city
limits, by the City there maintaininr a connection with that part of the waterworks and
system so '_eased; Provided, however, that the City may mnintain its present six-inch
connection with -,-a main pipe line of said waterworks and system located at approximately
tstion 1614, and may use said connection to supply the following users of water, and
no others:
(a) Hadlock any' Irondale; and
(b) Users located on Discovery Bay near what is known
as "Four Corners"; and
(c) The United -States Gov=,rnment for use only on
YarrowstoneIsiand: and
(d) Chimacum,
which water so supplied to said users shall be a pa:•t of Lad included in the four million
(4,000,000) gallons of rater reserved by the City as aforesaid, on the following terms
and conditions, namely, that the quantity of water diverted through said connection
shall not exceed at any time 300,000 gallons per 24-:our day, the valve located on said
six-inch connection will be kept locked in a position to pass only said maximum amount
of 7n0,000 gallons per 24-hour da,r, and the City shall maintain at all times in good,(
operating co;idi*.ion an accu:•ate water meter on said connection for the purpose of
measu:•inr all 'rater p¢ssinr from the main pipe line through said connection. If the
City at any time during to term of said lease should desire to develop the water supply
from now Creek to meet its additional mu.ici_�al crater needs, the Lessee shall, upon
request of the City, enter into an agreement that the City may so use the Snow Creek
water supply and that -he City _ay build a pipe line on and along the right of way
hereby lensed, to the City, for the purpose of conducting stater from Snow Creek to the
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MINUTES OF THE IL'GULAR SESSION OF THE CITY COUNCIL, MARCH 28, 1944
i when so requested
essed b the
deliver to the City, execute and deli 4 Y
shall ex a Y,
a the Lessee
City, and
City, all necessary sub -leases, assignments and transfers to afford to the City the
full use and enjoyr;ent of the Snow Creek 'eater Supply, in addition to the four million
(4,000,000) gallons daily reserved to the City from the Big C,uilcene '.later Extension
Projdect.
4.(a) The maintenance and repair of that part of the waterworks and system hereby
leased which is known as the "Big Quilcene :^ater Extension Project," as described in
Ordinance No. 947, shall devolve upon the Lessee, and the Lessee shall, at its own
cost and expense, maintain and keep said waterworks and system known as the "Big Quilcene
Plater Extension Project," in good and reasonable state of repair at all times,
reasonable wear and tear, deterioration and obsolescence excepted.
(b) The maintenance and repair of that pert of the wnterworks and system known
as the "Olympic Gravity Slater System," with head -works on Snow Creek, shall devolve
upon the City ns Lessor and the City shall, at its own cost and expense, maintain and
keep that part of the leased property in such a state of repair as shall be necesssary
and proper, so long as the same continues to be used in connection .:ith said system;
but the City, at its option, may discontinue the use of that part of the system in
connection with that part of the system leased to the Lessee.
(c) Irmediately upon this lease becoming effective, the City will proceed to replace
the portions of the pipe line described in Schedule A below with pipe of a character
and construction equal to or better than that, when new, of said pipe to be replaced.
If at any time or times hereafter, during the term of either the Existing Lease or this
lease, it shall be determined, by joint agreement of the City's Engineer and any duly
qualified engineer employed by the Lessee for the purpose, that by reason of deterioration
it is necessary to replace all or any part of the portions of the pipe line described
in Schedule B below, the City shall immediately proceed with such replacement or re-
placements with pipe of a character and construction equal to or better than that, when
new, of the pipe to be replaced.
Schedules A and B referred to in this lease are as follows, all data as shown on the
condensed Profile of Gravity '!'later Supply Line from the Big Quilcene River, prepared
by Messrs, Barr & Cunningham, Engineers, dated October 11, 1928:
SCHEDULE A
Portions of pipe line originally constructed of plain 'Mood stave pipe as follows:
From approximately Station 1500 to Station 1580, and
From approximately Station 1680 to Station 1720.
SCHEDULE B
Portions of pipe line originally constructed of plain wood stave pipe as follows:
From approximately Station 810 to Station 820, and
From approximately Station 1005 to Station 1050, and
From approximately Station 1085 to Station 1095, and
From approximately Station 1205 to Station 1215, and
From approximately Station 1360 to Station 1375.
(d) The actual cost to the City of any and all of the replacements referred to in
clause (c) of this paragraph, including all reasonable and proper engineering expense
(but not in excess of the total reasonable cost of making said replacements) shall
be advanced by the Lessee and shall be made available to the City from time to time as
funds are required for the payment of said costs, all as hereinafter provided.
For all purposes of this paragraph 4, the term "City's Engineer" shall mean
any duly qualified civil engineer of the requisite training and experience. to engineer
and supervise work of the kind and character herein contemplated, selected and specially i
employed by the City for any purpose or nurposes set forth in said paragraph. All re-
placerrents provided for in this paragraph shall be made under the supervision and
direction of the City's Engineer.
As funds are required to be disbursed by the City under any contract duly entered
into by the City %%ith respect to making of replacements as above provided, the same
shall be evidenced by certifir.ote signed by the City's Engineer duly certifying (1)
the amount or amounts required, (2) the parties to whom the same are payable, (3) that
the charges have been incurred under the contract duly entered into by the City and
that the payments proposed to be made are in accordance with the terms of such contract,
and (4) that said charges constitute a proper item or items of the cost of making the
required replacements. Upon receipt of any such certificate duly made, signed and
certified by said Engineer, the Lessee 'rill, within five (5) days thereafter, In y to
the City the amount or amounts therelu certified, and thy: City will forthwith disburse
such amounts to the parties and tier the purposes so certified.
All amounts advanced by the Lessee to the City pursuant to the terms of this clause
(d) shall be credited nPninst'the rentals nrovided under this lease last falling, due
and not the theretofore absorbed by the cost of replacements theretofore advanced by the
Lessee under the terms of this clause.
5. The rent to be paid by the Lessee under this lease shall be as follows, namely:
The rental for each year of the term of this lease shall be
dollars ($ ), which rental shall be paid in semiannual in stallments o[
dollars ($ ), the first installment to be paid at theme
of the commencement of this lease, as provided in paragraph 2 hereof, and the succeeding
installments to be paid semiannually thereafter during the said term, provided that the