ORD 1833ORDINANCE NO. Lf 33
AN ORDINANCE granting to James River II, Inc.,
a Virginia corporation, and to its successors
and assigns a franchise for a period of twenty-
five (25) years to install and maintain a utility
tunnel beneath a portion of N.E. Sixth Avenue and
an 18-inch process sewer beneath a portion of N.E.
Sixth Avenue.
THE CITY COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS:
Section I
GRANT OF FRANCHISE
James River II, Inc., a Virginia corporation, hereinafter
referred to as the "Grantee", its successors and assigns, is hereby
grantee a franchise for a period of twenty-five (25) years for
the purpose of constructing, operating, and maintaining a utility
tunnel under a portion of N.E. Sixth Avenue and an 18-inch process
sewer under a portion of N.E. Sixth Avenue. Said utility tunnel
and 18-inch process sewer .shall be located beneath that portion
of N.E. Sixth Avenue as depicted in that certain drawing entitled
"Site Work Wetlap Repulping Grading and Paving Plan" dated August 27,
1991, a copy of which is attached hereto as Exhibit "A" and by
this reference incorporated herein. Said utility tunnel and 18-inch
process sewer shall be constructed in accordance with that certain
document entitled "Secondary Fiber Utility Tunnel Plan and Sections"
dated August 29, 1991, a copy of which is attached hereto as Exhibit
"B" and by this reference incorporated herein.
Section II
NON-EXCLUSTVE GRANT
The franchise hereby granted shall not be exclusive, and the
City expressly reserves the right, at any time during the term
of the franchise hereby granted, to grant licenses or franchises
to other persons or corporations as well as the right in its own
name as a municipality, to use said streets and public places for
such purpose.
Section III
INSTALLATION
The location and methods of constructing and installing the
Ordinance No.~J?!):S Page 2
aforedescribed utility tunnel and 18-inch process sewer and all
appurtenances thereto shall be subject at all times to reasonable
regulations by the City, and all such installations shall be so
constructed and maintained as to interfere as little as practicable
with other uses of N.E. Sixth Avenue.
Section IV
REPAIR
The Grantee shall, at its own cost and expense, promptly repair
all streets and other public places in any way disturbed by the
Grantee, its agents, employees, or contractors, and shall restore
the same to as good a condition as the same were prior to doing
of any work thereon.
Section V
INDEMNIFICATION
The Grantee hereby agrees and covenants to indemnify and hold
the City of Camas, its officers, employees and agents, harmless
against and from any and all claims and all damages, costs, and
expenses to which it or they may be subjected by reason of any act
or neglect of the Grantee or its agents, servants or contractors
in any manner arising out of the construction, maintenance, or oper-
ation of the aforedescribed utility tunnel and 18-inch process sewer.
Section VI
RELOCATION OF IMPROVEMENTS
Nothing in this ordinance shall be deemed or construed to
limit the power of the proper authorities of the City of Camas
to prosecute and maintain public or local improvements. Whenever
in the prosecution or maintenance of such improvements it becomes
necessary or convenient to remove, readjust, relocate or change
the utility tunnel or 18-inch process sewer of the Grantee, the
same shall be done by and at the sole expense of the Grantee, its
successors and assigns.
Ordinance No. /i!-53 • Page 3
Section VII
DEFAULT
If the Grantee shall fail to perform or comply with any of
the obligations and requirements imposed by this ordinance, after
the receipt of written notice from the City of Camas specifying
the respect in which the Grantee is deemed to be in default hereunder,
and demanding that such default be remedied within a reasonable
time to be specified in such notice, the right and franchise granted
hereby may be terminated and annulled by the City of Camas, after
reasonable opportunity for the Grantee to be heard and appropriate
determination with respect to such alleged default.
VIII
ASSIGNMENT
This franchise and the rights herein granted may be assigned,
but no such assignment shall be of any force or effect until a
copy thereof, certified as such by the proper officials of the
Grantee, shall be filed in the office of the City Clerk of the
City of Camas, nor until the City Council of the City of Camas
shall have consented to such assignment. Any successor or assignee
of the Grantee must file with the City Clerk written acceptance
of the rights and privileges referred hereby, and such successors
or assignees' agreement to comply fully with and abide by
bound by the termsl of this ordinance and all requirements
and be
hereof,
and to faithfully and timely keep and perform each and every term,
covenant, agreement, obligation and condition required of or imposed
upon the Grantee hereunder.
IX
ACCEPTANCE
The Grantee shall forfeit and shall be deemed to have forfeited
and abandoned all rights, privileges and authority conferred hereby,
unless within sixty (60) days after the date this ordinance is
adopted, it shall file in the office of the City Clerk, written
acceptance of the rights and privileges conferred hereby, which
Ordinance No.;;:1~ Page 4
acceptance shall contain an express undertaking by the Grantee
for itself and its successors and assigns to faithfully comply
with and be bound by the terms of this ordinance and all of the
requirements hereof, and to faithfully and timely keep and perform
each and every term, covenant, agreement, obligation and condition
required of or imposed by this ordinance.
X
EFFECTIVE DATE
This ordinance shall take effect and be in force five (5)
days from and after its publication according to law, and after
acceptance by the Grantee as above provided. The Grantee shall
further be required to reimburse the City of Camas for the cost
of publishing this ordinance.
PASSED by the Council and APPROVED by the Mayor this } 'I
day of October, 1991.
ACCEPTANCE OF FRANCHISE
JAMES RIVER II, Inc, a Virginia corporation, the Grantee of
that certain franchise granted by the City of Camas by Ordinance
No. ____ , does hereby consent to and accept the terms and conditions
in said franchise and does hereby covenant and agree for itself,
its successors and assigns, to indemnify and save harmless the
I
City of Camas against all damages, costs and expenses whatsoever, I
to which said City may be subjected by reason of any act or neglect I
manner I
I of the Grantee or its agents, servants, or contractors in any
arising out of the construction, maintenance, or operation of the
utility tunnel or the 18-inch process sewer.
DATED this day of ----------------' 1991.
JAMES RIVER II, Inc., a Virginia
corporation
By: -----------------------------
Attest: ___________________ ___
I, DALE E. SCARBROUGH, City Clerk of the City of Camas, certify
!
I
I
that the attached is a true and correct copy of City of Camas Ordinance
No. , being an ordinance granting to James River II, Inc.,
and to its successors and assigns, a franchise for a period of
twenty-five (25) years to install, maintain, and operate a utility
tunnel and an 18-inch process sewer in and under a portion of N.E.
Sixth Avenue of the City of Camas, and that the ordinance was published
according to law.
Dale E. Scarbrough
JAMES RIVER CORPORATION
521 S.E. Chkalov Drive (98684)
P.O. Box 6099
Vancouver. WA 98668-6099
December 15, 1992
CITY OF CAMAS
P.O. BOX 1055
CAMAS, WA 98607
James River Corporation is undergoing a corporate reorganization
that involves merger of James River II, Inc. (formerly James
River o~ Nevada, successor in interest to Crown Zellerbach
Corporation, Inc.) into James River Paper Company, Inc.
For the past several years James River II, Inc. has been operated
as a wholly owned subsidiary of James River Corporation of
Virginia. Effective December 27, 1992, James River II, Inc. will
be merged into James River Paper Company, Inc. also, a wholly
owned subsidiary of James River Corporation of Virginia.
This corporate reorganization will not result in any change in
control, operating practices, nor change of its local signature
authority. James River Paper Company, Inc. will continue to
operate and assumes all obligations under any permit, order,
agreement, contract, ordinance or other such valid document.
Please reflect in your records the new name of James River Paper
Company, Inc. for the following document:
Permit/Use:ORDINANCE/REPULPER-TUNNEL
Dated:l991 OCT 14
JR Ref. No:02 C 0142
)~3_3
Kindly acknowledge receipt of this notification by signing the
enclosed copy of this letter in the space provided and returning
it to James River Paper Company, Inc., at the above address.
Very truly yours,
JAMES RIVER PAPER COMPANY, INC.
By J ACK G. CHAPMAN
------~------------------------
Acknowledged:
By
Ti~t'l7e __________________________ __
Date ____________________________ _
JAMES RIVER CORPORATION
521 S. E. Chkalov Drive (98684)
P.O. Box 6099
Vancouver, WA 98668-6099
Joan M. Smith
Accounting Supervisor
City of Camas
P. 0. Box 1055
Camas, WA 98607
Dear Ms. Smith:
October 30, 1991
Reference is made to your letter dated october 21, 1991
relative to City of Camas Ordinance No. 1833, dated October
4, 1991, granting to James River the right to install,
maintain and operate a utility tunnel for process piping and
site utilities and an 18-inch process sewer line under 6th
Avenue to serve the secondary fiber re-pulping facility
being constructed on Block 60, Camas, washington.
One signatory copy of the Franchise, which has been accepted
on behalf of James River by Andrew G. Elsbree, Vice
President, is enclosed for your further handling.
If you have any questions or need additional information,
please call me at (206)896-4626.
Very truly yours,
JAMES RIVER CORPORATION
cc: John Christensen -Camas Mill
Al Boyd -CTC, Camas
PC-142
n, Manager
artment -NW