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HomeMy WebLinkAbout2239 ORDINANCE NO. 2259 AN ORDINANCE of the City of Bremerton granting unto Puget Sound Power & Light Company, a corporation, hereinafter called the grantee, its succes- sors, grantees and assigns, the right, privilege, authority and franchise to lay down conduits, 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, 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 Bremen. ton. THE CITY OF BRE~4ERTON DOES ORDAIN: Section 1. '~hat there be and hereby granted to Puget Sound Power & Light Company, a corporation organized and existing under and by virtue of the laws of the Commonwealth of Massachusetts and authorized to tran- sact business within the State of Washington, its successors, grantees and assigns, for:'a period of ten (lC) years from the taking effect of this Ordinance, the right, privilege, authority and franchise to erect poles, string wires, locate, lay down conduits and all necessary equipment of ev- ery sort, in, over, upon, along and across all streets, boulevards, avenues, alleys, and other public places now existing and hereafter established with- in 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, transmis- sion, 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. All p~les~: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 installations 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 regulating such construction. Whenever ~t shall be necessary in the erection, repair or substitution of any such poles or other apparatus to make any excavation in any street, bou- levard, avenue, alley, or public way, said Grantee, its successors and assigl shall without delay restore the surface of said street, avenue, alley, or public way as nearly as practicaole to the same condition as it was in be- fore the doing of such work. Such restoration shall be done under the sup- ervision of the City Engineer of the City of Bremerton. Section 3. Whenever it becomes necessary for the City to chmuge 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 electricty 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, pub- lic 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 w~ten directed 'by said Council, at its own cost 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 ~der this franchise in their proper chan- nels, 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. All such means and appliances shall be changed and improved f~m time to time as may be reasonably necessary to ac- complish 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 by 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. 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, ORDINANCE NO. 2259 (Con't) grading, planking, rocking, paving, repairing, altering or improving any of the streets, alleys, avenues, thoroughfares, public highways or places with- in said City of Bremerton, in or upon which the poles, wires or other con- ductors 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 notice 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 ope~ated and maintained in the said public places of the City of Bremerton, to permit the passage of any building, mach- inery or other oOject, the said Gran~ee shall perform such rearrangements o~ not less than seven (7) days' written notice from the person or persons de- siring to move said budding, machinery or other ooject. Said notice shall bear the 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 in- curred by the Grantee in making such rearrangement of its aerial plant will be borne by the p~rson or persons giving said notice only in the event the m~ving of said building, machin,ry or other oOject requires more than 24 feet of vertical clearance, and shall further provide that the person or persons giving saidnotice 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 8. Whenever it becomes necessary to trim trees in public streets or places for the proper operation of the lines and conductors of the Gran- tee, such trimming sh~ll be done by competent employees of the Grantee upon the granting of a per'mit by the City and such work shall be done without cost to the City. Section 9. The said Grantee, its successors and assigns, shall indem- nify 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, oper- ation and maintenance of said pole lines and wires, apparatus, equipment and facilities, provided, however, that in case any claim is filed with the City of Bremerton or any suit or ~ction is instituted against said City by rea- son of any such damage or injury, the Council shall cause written notice thereof to De given said G~antee and ~he said Grantee shall have the right to defend any such suit or action. Section 10. If the City of Bremerton or any municipal corporation shall acquire by purchase or condemnation during the term of this franchise Grantee's property hereunder, as provided by Section S~ 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 te~ninate. Section ll. 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 prohibit the City of Bremerton from granting any other or fur- ther franchise, over, upon and along any of s~id public streets, boulevards, avenues, alleys or public ways, ~nd it shall not 'be const~ued to prohibit said City from engaging in the transmission, distribution and sale of elec- tricity for electric power, heat, light, or for any other purpose for which electricty may be used ~nd upon the further express condition that the Council may amend, repeal or modify the s~me with due regard to the rights of the Grantee. Section 12. i~e Grantee agrees that for the purposes hereof it is an "electrical company" conducting an "electric plant" within the meaning of such terms as defined by Chapter ll7 of the Session Laws of the State of ~ashington for the year 1911, and ac~s supplemental thereto and amendatory thereof, and as such subject to all the valid provisions of such laws appli- cable to electrical companies conducting electric plants, and to 'the lawful orders and directions of the Public Service Commission of the State of ~ash- ington. Section 1Z. For~the purpose of compelling compliance by the Grantee with the terms of this franchise and to secure efficiency of public service ORDINANCE NO. 2259 (Con't) 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 division manager 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 14. Nothing in this franchise contained shall limit the right of the City, in the manner provided by law, to acquire by condemnation or otherwise, any property operated hereunder. Section 15. The City of Bremerton shall at all time~ have the right without compensation to make use of any and all poles and conduits o~ 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 ser- vice, water department servi2, or like municipal service or purpose, and of attaching any of said wires to the poles of Grantee, its successors or assigns, upon spaces on said poles to be assigned by Grantee, without mak- ing any compensation for such use; but such use shall ce 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 5he City shall comply with the laws of the State of Washing- ton and conform to the construction standards of the Grantee. Section 16. This ordinance shall be void of the Grantee shall not, within forty (40) ~days from the dateof passage of this ordinance, file its acceptance of the same with the Clerk of such 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 Pu et Sound Power & Light Company, its suc- cessors, grantees or assigns, and all the privileges herein accorded to and obligations and restrictions herein imposed upon the Grantee shall be con- strued to extend to its successors, grantees and assigns, as fully and to the same effect as though the words "its successors, grantees and assigns" were each time herein repeated in full after the word "Grantee". Section 18. This ordinance shall take effect on December 14, 1957, the expiration date of Ordinance No. 1756. APPROVED on first reading this ?th day ofAugust, 1957. PASSED AND APPROVED by the City Council of the City of Bremerton, sign- ed by the Mayor and Commissioner of PublicWorks and Utilities and attested by the City Clerk in authentication of such passage this 28th day of August, Ruth C4 Cullin, Acting Mayor David B. Wheaten, Commissioner of ATTEST: Public Works and Utilities. E.H.T. McGowan, City Clerk