Loading...
HomeMy WebLinkAbout3574 · ~ Dis tr~i o n: " Ci ~ ,ttorney j Franchi se Ordi nance File Cascade Natural Gas Corp.j Bremerton Sun ~ AN ORDINANCE ~RAbriqRqG TO CASCADE NATURAL GAS CORPORATICN, A N~SH~ CORPORATION, ITS SUCCESSORS OR ASSIGNS, THE RIGHT AND PRIVILEGE TO USE AND OCCUPY THE STREETS, AVENUES, I2kNF~, AT.TRYS, HI6~4NAYS AND OTHER PUBLIC PLACES OF THE CITY OF BREMEIRTON, STATE OF NASHINGTON, FOR %1~E PURPOSE OF SUPPLYING, DISTRIBUTING AND PRIV/LEGE OF C~N~ING, AND ~ MAINTAINING A GAS WORKS, MAINS, SERVICE PIPES AND CTHER NECESSARY ~UIPMENT IN SAID CITY, FOR THE DISTRIBUTICN OF GAS FOR LIGHT, FUEL, POWER, HEAT kND OTHER PURPOSES, AND REPEALING ORDINANCE NO. 912 OF THE CITY OF BRE~RTCN DOES ORDAIN AS FOLLOWS: Section 1. That Cascade Natural Gas Corporation, its successors or assigns (hereafter designated as "Grantee"), is hereby granted the right and privilege to construct, maintain, use, own and operate a gas works, within the corporate limits of the said City of Bremerton, Washington (hereinafter designated as the "City"), as the same nc~ or may hereafter be extended, and to construct, lay, maintain and operate along the streets, avenues, lanes, ~leys, highways and other public places in the said City of Bremerton, a system of mains, pipes and the necessary attachnents and appurtenances for the storage, conveyance, distribution and sale of gas for light, fuel, power, heat and other purposes in the City of Bremerton, Washington, and elsewhere, and for the storage, distribution and sale of natural gas. Such right and authority, permission and power is hereby granted for a re_tm of ten (10) years frcxa and after the date of the final acceptance of this Ordinance by the Grantee. Section 2. That the rates to be charged for gas for light, power, heat and other purposes by the Grantee, and character of the service to be rendered by the Grantee shall be such as shall be prescribed by the Washington Utilities and Transportation Ccmmission, or other agency of said state having jurisdiction over said matters u~Jer the laws thereof. Section 3. That the Grantee shall not lay its gas mains, pipes, services, attachnents and appurtenances so as to interfere with or obstruct the drainage of said City or the oomstruction of sewers or underground fixtures for the conveyance of water or the necessary and proper use of said streets, avenues, lanes, alleys, highways, and other public places. The Grantee shall with reasonable prumptness restore the surface of said streets, avenues, lanes, alleys, highways, and public places in which it shall make excavations to as good condition as they were before the oh,,,enc~_nt of such work as near as practicable subject to the approval of the City Engineer, and during the progress of such work, the Grantee shall be responsible for keeping such streets and other places guarded, in order to prevent accident to persons or property; and if at any time the City is subjected to liability for injury to persons or property growing out of the actions of the Grantee, its agents, servants or employees, in connection with the operations of the Grantee, the Grantee shall fully i~dennify and hold the City harmless ~rcm any and all such liability; provided, hc~v~r, that in case suit be instituted against the City, the City shall promptly not/fy the Grantee of such suit, giving it ample and reasonable ~ to defend the same. The City, upon thirty (30) days' notice to the Grantee, may at any time do, or order to have done any and all work that they consider necessary to restore to a safe condition any such street, alley or other public place left by the Grantee or its agents in a condition dangerous to life or property, and Grantee upon demand, shall pay to the City all costs of such work. In case of any future improvement or construction of sewers or underground fixtures for the conveyance of water or of any of the streets, avenues, lanes, alleys~ highways and public places where any gas mains, pipes, services, attachments~, and apices of the Grantee may be situated, and it is necessary to change the location of the same in connection with said improvement or construction, the Grantee shall, upon reasonable notice by the City and after reasonable evaluation of alternatives by the City in cooperation with the Grantee, at its own expense, move and change any gas main, pipes, services, attachments or appurtenances to conform to such public improvement. The City will avoid the need for such moving or changing whenever possible. In the event federal, State or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such funds and the Grantee will be given credit to the extent any such funds are actually obtained. Section 4. That whenever the Grantee shall desire to excavate in any street, alley or other public place for the purpose of laying gas mains, pipes or other appurtenances, including service pipes, it shall apply to said City for a permit to do so and shall give the City at least three (3) work/ng days' notice thereof, and shall not, during the process of the work, unnecessarily obstruct the passage or proper use of such street, alley or other public place, and shall file with the City duplicate maps or prints showing the proposed and final location thereof. Whenever possible, Grantee shall install to the standard locations as specified by the City. Section 5. This franchise is granted upon the express condition that it shall not be deemed or held to be an exclusiv~ franchise and shall not '~any manner prc~%ibit the City frcm granting other and future franchies over, %pon and along any of said public streets, avenues, alleys, highways, public or municipally owned places, and failure on the part of Grantee to cc~ply in any respect with any of the provisions of this Ordinanoe shall be grounds for forfeiture of ~ grant. Sectic~ 6. The franchise hereby granted shall not be leased, assi~d or otherwise alienated by the Grantee to any third party without the express consent of the City by ordinance passed for that purpose, and no rule of estoppel shall ever be in%Dked against the City in case it shall assert the' invalidity of any attempted transfer in violation of this section. Notwithstanding anything to the contrary herein contained, permission is hereby granted to the Company to mortgage this franchise, together with the gas utility facilities and properties of the Company, within the City to secure any legal bond issue or other bona fide indebtedness of the Company, and express consent is hereby given to the mortgaging and assignment for security purposes of said franchise, facilities ar~ properties by the Cc~pany to The Chase Manhattan Bank, N.A. and JoA. Payne, as Trustees, with no recp~sm~nt that the Trustees'file any acceptance of this franchise and the liabilities ar~ obligations of said. Trustees shall in any e~ant be limited to the properties and assets of the Ccmpany cc~prising the trust estate.. Section 7. The Grantee herein agrees as part of the consideration of this franchise to est~_blish, kcs, maintain and conduct in the City of Bremerton adequate facilities for the transaction of its business with the inhabitants and custcn~_rs of the Grantee in the City of Bremerton, at which all bills for service rendered by the Grantee must be paid, and to pay promptly any ar~ all licenses and taxes legally levied by the City. Section $. In consideration of the granting of this franchise, and the rights and privileges hereunder conferred, the said Grantee, his heirs, successors, and assigns, shall pay monthly to the City of Bremerton, a su~ equal to 2% of the gross receipts received by the Grantee, his heirs, successors, or assigns, frcm the sale of gas in the City of Bremerton; said sum shall be payable monthly to the City Treasurer of the City of Bremerton on or before the 25th day of the month, following that month on which the tax is e~mpu~d. Upon ~he reques% of the Mayor and the City C~,,~dssioners, the Grantee, h~$ heirs, successors and assigns, shall permit any authorized representative of the City of Bremerton to examine his or their books or other documents for the purpose of ascertainin~ the co~--~-c~t a~ount of such receipts for any year in which such sum is payable. .? -3- Sectic~ 9. Grantee shall within thirty (30) days of the passage of this Ordinance, file with the City Clerk its written acceptance of all the terms and oonditic~s of the Ordinanoe, and if such acoeptance is not filed as herein provided, this Ordinance shall be null and void and of no forge or effect. Secti~ 10. Ordinance No. 912, dated April 12, 1930, is hereby repealed and all other ordinanoes and parts of ordinanoes in ~nflict herewith shall be, and the same are hereby repealed. Section 11. That this Ordinance shall be in full force and effect upon the passage thereof by the City C~L,~,~ssio~ers ar~ approved by the Mayor. Introduced ar~ read at the Bremert~n City Cu,,L,~ssioners' Meeting held Passed by the Sity Ccmmissic~ers this D~ ~ day of ,] ~ N U ~ ~ , Kathle~n L. Mandio; City ~lerk City Attorney The terms and conditions of the foregoing Franchise Ordinance No. are hereby acoepted this __ day of , O. M. Jones, President ATIT~: Lucille R. Walsh, Corporate Secretary Abo~ acceptance received by: