ORDINANCE No. 180684

*Extend term of Southern Pacific Pipe Lines franchise (Ordinance; amend Ordinance No. 155742)

The City of Portland ordains:

Section 1. The Council finds:

1.  In March, 1984, the City Council granted a franchise to Southern Pacific Pipe Lines, now doing business as SFPP, L.P, to use designated streets for the transportation of petroleum products by pipeline. Ordinance Number 155742. The franchise ordinance became effective May 27, 1984.

2.  The City Council previously extended the term of this franchise ordinance until December 31, 2006. Ordinance 180225.

3.  Over the last 20 years the City Council has granted several petroleum pipeline franchises. City staff has reviewed the terms and conditions of all of these franchises and is working with the petroleum pipeline industry in an effort to standardize and modernize the terms and conditions of all petroleum pipeline franchises.

4.  The Portland Office of Transportation has funding and is planning to update and amend Title 17 of the Portland City Code in early 2007. Some of the planned amendments and updates may affect some of the standardized language of future franchises and renewals.

5.  City staff recommends, in the mutual interest of the parties, the franchise should be extended for an additional period to allow the development of a uniform petroleum pipeline franchise.

NOW, THEREFORE, the Council directs:

a.  Ordinance Number 155742, as previously modified by Ordinance 180225, is hereby amended to extend the term of the franchise to run, continuously and without interruption, from December 31, 2006 to December 31, 2007.

b.  All other terms and conditions of the franchise shall remain the same and unchanged.

c.  On or before the thirtieth (30^th) day after this ordinance becomes effective, SFPP, L.P. shall file in the Office of the Auditor of the City of Portland a written acceptance of this ordinance, executed by SFPP, L.P., meeting the approval of the City Attorney. Any failure on the part of SFPP, L.P. to file such written acceptance within such time shall be deemed an abandonment and rejection of this ordinance, and this ordinance shall thereupon be null and void. Such acceptance shall be unqualified and shall be construed to be an acceptance of all the terms contained in this ordinance.

Section 2. The Council declares an emergency exists because a lapse in SFPP, L.P.'s authority to use the public right-of-way could cause disruption for customers within Portland, harming the public welfare; therefore, this ordinance shall be in full force and effect from and after December 31, 2006.

Passed by Council: December 20, 2006

             Gary Blackmer

             Auditor of the City of Portland

Commissioner Dan Saltzman        By: /s/Andrew N. Bryans

DSoloos/BWalters            

December 11, 2006                Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1715-2006

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 180684