§ 12.04.3020. Permit.

(a)

Required when; terms and conditions. Before any person attaches any pipeline to, lays any pipeline on, or uses for the support of any pipeline, replaces or repairs any pipeline on, or removes any pipeline from any bridge, including the wing walls thereof, or culvert, in the city, he shall first make application to the director of public works and receive from him a permit to do so. The director shall not grant any such permit until he finds that a permit may be granted without detriment to the bridge or culvert. If the director so finds, he shall issue to the applicant a permit on the same form and on the same conditions as permits for making excavations, fills and obstructions, and upon the following additional terms and conditions:

(1)

Payments shall be made in advance annually to the city at the rate established by the council from time to time per linear foot of pipeline directly supported by the bridge or culvert including wing walls, or per foot of length of the bridge or culvert, not including the wing walls, whichever is greater. Where a pipeline does not cross, but is parallel or approximately parallel to the stream, ravine, gulley or other depression crossed by the bridge then, as used in this section, the word "length" shall be construed as the word "width." Where a pipeline is supported in part by a structure other than and in addition to the bridge or culvert, then the length of such bridge or culvert shall be deemed to be that portion of such bridge or culvert which is between such structure and the other end of such bridge or culvert.

(2)

The name of the person owning the franchise shall be shown on each pipeline at each end of the bridge, in a manner which will be legible at all times.

(3)

In all cases where the pipeline is conveying either gas or oil, the person to whom the permit is granted shall install a shutoff valve in the pipeline at both ends of the bridge or culvert at a distance of at least 200 feet from the ends of the bridge or culvert, and the shutoff valve shall be installed in the pipeline in such a manner that it will not project above the surface of the highways and not be a menace or danger to the traveling public. The shutoff valve shall be properly identified by a metal tag attached to same, bearing the name of the person to whom the permit has been granted.

(4)

The permittee shall paint all pipelines, when installed, the same color as the bridge or culvert.

(5)

Each permittee shall furnish the director and the county fire department the address and telephone number of some designated official or the person who will be available at all times, 24 hours per day, holidays and Sundays included, to be called in case of emergency or other matters pertaining to the line.

(b)

Liability agreement prerequisite to issuance. Before any permit is granted pursuant to subsection (a) of this section, the person applying for the same shall first make, execute and deliver to the director an agreement whereby such person agrees:

(1)

To promptly pay to the city the cost of repairing any damage to any structure owned by the city caused by the use of such structure for the support of any pipeline of such person.

(2)

The city will not, nor will any of its officers, agents or employees, be liable to such person or his assigns for any injury to any part of such pipeline by reason of removal or failure of the structure.

(3)

Such person will save the city, its officers, agents and employees, harmless from any liability for damage for bursting pipes, explosions, or any other damage which would not have happened but for the maintenance of the pipeline.

(c)

Sale, transfer, lease or assignment limitations. The grantee of a permit granted pursuant to this division shall not sell, transfer, assign or lease such permit, or any of the rights and privileges granted thereby, without first obtaining the consent of the city council to such sale, transfer, assignment or lease. This provision does not apply to a sale, transfer, assignment or lease from a corporation to its subsidiary or affiliated companies, nor when the assets of a corporation as a whole are sold, transferred, assigned or leased to its parent company, if notice of any such sale, transfer, assignment or lease is given to the city.

(d)

Revocation for violations; penalty. Any person having a permit granted pursuant to the provisions of this division and who violates any of the provisions of this division shall be subject to an immediate revocation of his permit.

(Ord. No. 14(1989), § 2(16.74.020, 16.74.030, 16.74.080, 16.74.130), 6-27-89)