Loading...
HomeMy WebLinkAbout3461 ,~,,~stribution: Attorney/ Bremerton Sun File /~ AN ORDINANCE OF THE CITY OF BREMERTON GRANTING UNTO PUGET SOUND PO?~ER & LIGHT COMPANY, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, HEREINAFTER CALLED THE GRANTEE, THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO ERECT, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE AND REMOVE ELECTRIC TRANS- MISSION AND DISTRIBUTION LINES AND APPURTENANCES THERETO, FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY 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, construct, operate, maintai'n, repair, replace'and remove electric trans- ~ mission and distribution lines (including but not limited to ~ underground cables) and appurtenances thereto, 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 elect- ricity may now or hereafter be used, and to furnish and sell electricity for such purposes and charge and collect tolls, rates and compensation therefor as provided by law. Section 2. All poles or underground facilities shall be installed and maintained at such places and positions in, over, under., upon, along and across said City's streets, boulevards, avenues, alleys and public ways so as to inter- fere as little as practicable with the free passage of traffic and the free use of adjoining property; and all installations shall be made in accordance with the laws of · the State of ~;ashington and ~the general ordinances of the City of Bremerton now or hereafter in force regulating such construction and relating to the public welfare, health, safety or highway regulation. Whenever it shall be necessary in the erection, repair or substitution of any such poles or other apparatus under this franchise to make any excavation in any street, boulevard, avenue, alley or publiC way, said Grantee, its 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 or better than 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 relocate, or change the grade of, any street, alley, avenue, thoroughfare, public highway, or public grounds upon which any poles, conduits, wires, cables or othgr appliances or conductors for the transmission of electricity under this franchise are located, the Grantee shall promptly and contemporaneously with the work done by the City, change the Grantee's equipment located thereon to conform to any such relocation or change in grade without cost to the Ctiy. Section 4. Grantee shall Comply with all applica- ble laws and regulations of lawful authority relating to standards of safety with regard to lines (and appurtenances) under this franchise. Section 5. Nothing in this ordinance shall be construed in any way to prevent the proper authorities of said City of Bremerton from covering, grading, planking, rocking, paving, repairing, altering or improving any of the streets, alley, avenues, thoroughfares, public highways or places within said City of Bremert6n, in, upon or under which the poles, wires or other conductors under this franchise of said Grantee, shall be placed, and in the event -2- it shall become necessary that the poles, wires, cables or other apparatus under this franchise 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 under 'this franchise at its own expense within a reasonable time after notice of such proposed work or improvements shall be given to said Grantee by said City. Whenever it becomes necessary temporarily to rearrange, remove, lower or raise th~ 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 under this franchise, 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 the approval of the City 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 giving said notice, and shall 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 by the moving of said building, machinery or other object. Section 6. Whenever it becomes necessary to trim trees in public streets or places for the proper operation of the lines and conductors under this franchise of the Grantee, such trimming shall be done by competent employees of the Grantee or Grantee's contractors upon the granting of a permit by the City and such work shall be done without cost to the City. SectiOn 7, The said Grantee, its successors and assigns, shall indemnify and hold harmless the City of Bremert~n against alI damages, if any, that may result from damage or injury to any persons or property by reason of the construction, operation and maintenance of said poles and wires, apparatus, equipment and facilities under this franchise, 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 in any person or persons, association or corporation by reason of damage or injury to any persons or property resulting from the cOnstruction, operation and maintenance of said pole lines and wires, apparatus, equipment and facilities under this franchise;~provided, however, that in case 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 City CounCil shall cause written notice thereof to be promptly given said Grantee and the said Grantee shall have the right to defend any such suit or action. Section 8. If the City of Bremerton or any municipal corporation shall acquire by purchase or condemnation during the term of this franchise all Grantee's property under this franchise, as provided by applicable law, 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 cor- poration said Ordinance shall terminate. Section 9. This franchise is granted upon the express condition that it shall not be deemed or held to be an exclusive franchise and shall not in any manner pro- hibit the City of Bremerton from granting any other or further franchise, over, under, uPon and along any of said -4- public streets, boulevards, avenues, alleys or public ways, and it shall not be construed to prohibit said City from engaging in the transmission, distribution and sale of electricity for electric power, heat, 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 Grantee. Section 10. The Grantee agrees that for the purpose hereof it is'an "electrical company" conducting an "electric plant" within the meaning of such terms as de- fined by Chapter 117 of the Session Laws of the State of Washington for the year 1911, and acts supplemental thereto and amendatory thereof, and as such subject to all the valid provisions of such laws applicable to'electrical companies conducting electric plan~s, and to the applicable lawful orders and directions of the Washington Utilities and Transportation Commission. Section 11. For the purpose of compelling 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 Secretary of the Grantee, shall authorize the City Council to declare by ordinance an immediate forfeiture of the franchise and the City Council may enforce such forfeiture in the manner provided by law. Section 12. Nothing in this franchise contained shall limit the right of the City, in the manner provided by law, to acquire by condemnation any property operated hereunder. -5- Section 13. The City of Bremerton Shall at all times have the right without compensation to make use of any and all poles and conduits under this franchise of said Grantee, its successors or assigns, for the stretching of wires owned or controlled by the City for fire alarm, 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 c~mpensation 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 6f the State of Washington and conform to the construction standards of the' Grantee. Section 14. This ordinance shall be void if the Grantee shall not, within forty (40) days from the date of passage of this ordinanceI file its acceptance of the same with the Clerk of said City. Section 15. This franchise shall not be trans- ferred, sold or leased without the consent of the Council under such rules and regulations as the Council may impose; provided, that the Council hereby grants such consent in regard to any mortgage by Grantee, its successors and assigns, to the Trustee for its bondholders under its Mortgage Indenture. 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 restric- tions 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 word "its successors and assigns" were each time herein repeated in full after the word "Grantee". -6- Section 16. If any section, term, provision, condition or portion of this franchise shall be held to be invalid or unenforceable, such invalidity or unenforce- ability shall not affect the validity or enforceability of the'remaining sections, terms, provisions or portions of this franchise, which shall continue in full force and effect. Section 17. The said Grantee, its successors and assigns, accepts all rights, privileges and franchises granted to it by virtue of this ordinance, with the express understanding that it shall construct, maintain and operate its elective transmission and distribution lines so as to avoid so far as is practicable interference with radio receiption in the City of.Bremerton. APPROVED ON C/~g ~ reading this day of ~U~ ~ '~ , 1978. PASSED AND APPROVED by the City Council of the City of Bremerton, signed'by the Major and Commissioner of Public Works and Utilities and attested by the City Clerk in authentication of such passage this 12th Day of September ,. 1978. MAYOR PRo TEM and Utilities~ Attest: City Clerk -7-