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HomeMy WebLinkAbout2763 .o. 2 7 # AN ORDINANCE OF THE CITY OF BREMERTON GRANTING UNTO PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION, HEREINAFTER CALLED'THE GRANTEE, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO LAY DOWN UNDERGROUND CABLES TOGETHER WITH APPURTENANCES THERETO WHERE SUCH UNDERGROUND FACILITIES HAVE BEEN SPECIALLY CONTRACTED FOR, ERECT POLES, STRING WIRES, CONSTRUCT, OPERATE AND MAINTAIN AN~ELECTRIC PLANT FOR THE GENERATION, TRANSMISSION, DISTRIBUTION, SALE AND FURNISHING OF ELECTRICITY FOR LIGHT, HEAT AND POWER AND OTHER PURPOSES IN, OVER, UNDER, UPON, ALONG AND ACROSS EXISTING AND FUTURE STREETS, BOULEVARDS, AVENUES, ALLEYS AND OTHER PUBLIC PLACES WITHIN THE PRESENT AND FUTURE LIMITS OF THE CITY OF BREMERTON, THE CITY OF BREMERTON DOES ORDAIN: Section 1. That there be and is hereby granted to Puget Sound Power & Light Company, a Washington corporation, its successors and assigns, for a period of ten (10) years from the taking effect of this Ordinance, the right, privilege, authority and franchise to erect poles, string wires, locate, lay down underground cables together with appur- tenances thereto where such undmrground facilities have been specially contracted for and all necessary equipment of every sort, in, over, under, upon, along and across all streets, boulevards, avenues, alleys, and other public places now existing and hereafter established within the present and future limits of said City, and to maintain and use the same for and in connection with or to facilitate .the generation, transmission, distribution, sale or furnishing of electricity for light, heat and power, and for any other purpose for which electricity may now or hereafter be used;.and to charge and collect just, fair, reasonable, and sufficient tolls, rates and.compensation, therefor. Section 2. .Ail poles shall be erected and-maintained at such places and positions upon said streets, boulevards, avenues, alleys and public ways so as to interfere as little as practicable with the free passage of traffic and the free use of adjoining property; and all instal- lations shall be made in accordance with the laws of the State of Washington and the ordinances of the City of Bremerton now or hereafter in force regulatingsuch construction. Whenever it shall be necessary in the erec- tion, repair or substitution of any such poles or other apparatus to make any excavation in any street, boulevard, mvmnue,, alley, or pubizc way, said Grantee, i~s successors and assigns, shall without delay restore the surface of said street, avenue, alley, or public way as nearly as practicable to the same condition as it was in before the doing of such work. Such restoration shall be done under the supervision of the City Engineer of the City of Bremerton. Section 3. Whenever it becomes necessary for the City to change the grade of any street, alley, avenue, thoroughfare, public highway, or public grounds upon which any poles, conduits, wires, cables or other appliances or conductors for the transmission of electricity are located, the Grantee shall promptly and contemporaneously with the work done by the City, change the equipment located thereon to conform to'any such change in grade without cost to the City. Section 4. Whenever in the judgment of the Council of the City, public necessity shall require the change of location of any of the Grantee's poles or other facilities, the Grantee shall make such changes as and when directed by said Council, at its own cos~ and expense, and within a time that shall be reasonable. Section 5. The Grantee shall furnish and make use of such means and appliances, if any such there be, as will control and effectually contain the currents of electricity used under this franchise in their proper channels, so as to prevent injury to any person, or the property, pipes and other structures belonging to the City of Bremerton, or to any person, firm or corporation within said City. Ail such means and appliances shall be changed and improved from time to time as may be.reasonably necessary to accomplish said purpose, and to make all such improvements conform to the most modern safety standards then in common use. In this connection Grantee shall comply with all laws and regulations of lawful authority relating to standards of safety. Section 6. The said Grantee, its successors and assigns, accepts all rights, privileges and franchises granted to it 'gy virtue of this ordinance, with the express understanding that it shall construct, maintain, and operate its electric transmission and distribution lines so as to avoid so far as is practicable interference with radio reception in the City of Bremerton. -2- I I Section 7. Nothing in this ordinance shall be construed in any wise to prevent the proper authorities of the said City of Bremerton from covering, grading, planking, rocking, paving, repairing, altering or improving any of the streets, alleys, avenues, thoroughfares, public highways or places within said City of Bremerton, in, upon or under which the poles, wires or other conductors of said Grantee, shall be placed, and in the event it shall become necessary that the poles, wires, cables or other apparatus of said Grantee shall be moved in order for said City to carry out such work or improvements, said Grantee, its successors or assigns, shall move its poles, wires, cables and other apparatus at its own expense within a reasonable time after .m~tice of such proposed work or improvements shall be given to said Grantee by said City. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables, wires or other apparatus of said Grantee, which have been placed or which are operated and maintained in the said public places of the City of Bremerton, to permit the passage of any building, machinery or other object, the said Grantee shall perform such rearrangements on not less than seven (7) days' written notice from the person or persons desiring to move said building, machinery or other object. Said notice shall bear t~e approval of the engineer or such other official as the Council of the City of Bremerton may designate , shall detail the route of the movement of the. building, machinery or other object, shall provide that the costs incurred by the Grantee in making such rearrangement of its aerial plant will be borne by the person or persOns giying said notice ~nly in the event the moving of said building, machinery or other ~bject requires more than 24 feet of vertical clearance, and shall further provide that the person or persons giving said notice will indemnify and save Grantee harmless of and from any and all damages or claims of whatsoever kind and nature caused directly or indirectly bythe moving of said building, machinery or other object. -3- Section 8. Whenever it becomes necessary to trim trees in public 'streets or places for the proper operation of the lines and conductors of the Grantee, such trimming~shall be done by competent employees of the Grantee upon the granting of'a permit bY'the City and such' work shall be done without cost to the City. Section 9. The said Grantee, its successors and assigns, shall indemnify and hold harmless the City of Bremerton against all damages, if any, that may result'by reason of the construction, operation and maintenance of'said poles and wires, apparatus, equipment and facilities, and the said Grantee, its successors and assigns shall pay all damages for which it, they or.the City of Bremerton shall be held liable resulting to any person or persons, association or corporation by reason of the construction, operation and maintenance of said pole lines and wires, apparatus, equipment and facilities, provided, however, that in ca~e any claim is filed with the City of Bremerton or any suit or action is instituted against said City'by reason of any such damage or injury, the Council shall cause written notice thereof to be given said Grantee and the said Grantee shall have the right to defend any such suit or action. Section 10. If the City of Bremerton or any municipal corp- oration shall adquire by purchase or condemnation during the ~erm of 'this franchise Grantee's property hereunder, as provided by Section 55 of the Charter 'of the'City of Bremerton, then and in such event the franchise hereby created shall have no further value and on acquiring of said property by the City'of Bremerton or such municipal corporation said franchise shall terminate. Section 11. This franchise is granted upon the express cond- ition that it shall not be deemed or held to be an exclusive franchise and shall not in any manner prohibit theCCity of Bremerton from granting any other or further franchise, over, under, upon and along any of said public streets, boulevards, avenues, alleys or public ways, and it shall not Be construed to proSibit'said City from engaging in the trans- mission, distribution and sale of~electricity for electric power, heat, -4- light, or for any other purpose for which electricity may be used and upon the further express condition that the Council may amend, repeal or modify the same with due regard to the rights of the Grantee. Section 12. The Grantee agrees that for the purpose hereof it is an "electrical company" conducting an "electric plant" within the meaning of such terms as defined by Chapter 117 of the Session Laws of the State of Washington for the year 1911, and acts supplemental thereto and and amendat0rY thereof, and as such subject to all the valid provisions of such laws applicable to electrical companies conducting electric plants, and to the lawful orders and directions of the Washington Utilities and Transportation Commission. Section 13. For the purpose of comRelling compliance by the Grantee with the terms of this franchise and to secure efficiency of public service herein provided for, and the maintenance of the property in good condition, a failure to comply with any of the provisions or conditions herein within.sixty (60) days after notice to do so, served by order of the City CounCil upon the president, vice-president or divisionmanager of the· Grantee, shall authorize the City Council to declare by ordinance an im- mediate forfeiture of the franchise and the City Council may enforce such forfeiture in the manner provided by law. Section 14. Nothing in this franchise contained shall limit the right of th~ City, in the manner provided by law, to acquire by condemna- tion or otherwise, any property operated hereunder. Section 15. The City of Bremerton shall at all times have the right without compensation to make use of any and all poles and conduits of said Grantee, its successors or assigns, for the.stretching of wires owned or controlled by the City for fire alarm, telegraph or police signal call service, water department service, or like municipal service or purpose, and of attaching any of said wires to the poles of Grantee, its successors and assigns, upon spaces on said poles to be assigned by Grantee, without making any compensation for such use; but such use shall be in such manner as not to interfere unnecessarily with the full and free use of said Grantee, its successors and assigns, of said poles and conduits, provided that such construction by the City shall comply with the laws of the -5- State of Washington and confor~ to the construction Standards of the Grantee. Section 16. This ordinance shall be void'if the Grantee shall not, within forty (40) days from the date of passage of this ordinance, file its acceptance of the same with the Clerk of said City. Section 17. This franchise shall not be transferred, sold or leased without the consent of the Council under such rules and regulations as the Council may impose. Otherwise whenever the word "Grantee" is used herein, it shall be construed to mean Puget Sound Power & Light Company, its successors and assigns,'and all the privileges herein accorded to and obligations and restrictions herein imposed upon the Grantee shall be construed to extend to its successors and assigns, as fully and to the same effect as though the words "its successors and assigns" were each time herein repeated in full after the word "Grantee." Section 18. This ordinance shall take effect on December 14, 1967, the expiration date of Ordinance No. 2239. APPROVED on .. .... reading this day of PASSED AND APPROVED by the City Council of~the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this c~~' day of.~~~--~., 1967. MaYor ATTEST: City Clerk NOV 2 91967 -6- TO THE HONORABLE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON Gentlemen: The Puget Sound Power & Light Company, a Washington corporation, for itself and for its successors and assigns, hereby accepts the rights and privileges conferred by, and agrees to be bound by all the terms, conditions, stipulations and obligations contained in that certain franchise ordinance duly passed, approved, and attested as Ordinance No. 2763 of said City of Bremerton, on November 29, 1967, granting to said Puget Sound Power & Light Company, its successors and assigns, the right to construct, maintain, and operate transmission and distribution lines for electric current in, over, under, upon, along and across the streets, avenues, alleys and public places, and for the sale of electricity within the corporate limits of said City of Bremerton. This acceptance is hereby filed with the Clerk of said City of Bremerton in accordance with the terrtts of said franchise ordinance. Dated at Bellevue, Washington, this /5- 'l~ay of 0t~~~_ , 1967. PUGET SOUND POWER & LIGHT COMPANY The above acceptance of franchise was received by me this ~-- ~,, ~day of~,~/~'~/~, 1967. Clerk of the City of Bremer(on, Washington