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HomeMy WebLinkAbout1756 ORDINANCE NO. 1756 An ordinance of the City of Bremerton granting unto Puget Sound Power & Light Company, a corporation, hereinafter called the grantee, its successors, 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 ill, over, upon, along and across existing and future streets, Ooulevards, avenues, alleys and other public places within the present amd future limits of 'the City of Bremerton. THE CITY OF BR~iERTON DOES ORDAIN: Section 1. That there be an~ is hereby granted to Puget Sound Power & Light Company, a Corporation organized and existing under and by virtue of the laws of the Connnonwealth of Massachusetts and authorized to transact business within the State of Washington, its successors~ grantees and assigns, for a period of ten (10) years from the taking effect of this Ordinance, the right, privilege, auth- ority ana franchise to erect poles, string wires, locate, lay down conauits and all necessary equipment of every sort, in, over, upon, along and across all streets, boulevards, avenues, alleys, an{l other public places now existing and hereafter es_tabli~hed.within~th~. ~-esen_t and fur. pre !imJts O a'd Cit a d . to maintain ana use ~ s~Ve~~,~S~j~~gr for which electricity may now o~V~ereafter be used; an~ to charge ~nd col!ect just, fair, ~easonable, and sufficient tolls, Pates and compensation therefor. Section 2. Ail poles shall be erected and maintained at such places ~ ~ ~s and positions upon said streets, boulevards, avenues, alleys and public ways so as to interfere as little as practicable with the free pass- age of traffic and the free use of adjoining property; and all installations shall be made in accordance with the laws of t~e State of ~ashington and the ordinances of the City of Bremerton now or hereafter in force regulating such construction. Whenever it shall be necessary in the erection, repair or substi- tution of any such poles or other apparatus to make any excavation in ~%y street, boulevard, avenue, alley, or public way, said Grantee, its successors and assigns, shall without delay restore the surface of said street, ave~ue, 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 Street Superintendent of the City of Bremerton. Section S. Whenever it becomes necessary for the City to change the grade of any street, alley, avenue, thoroughfare, p~ubli~ hig~way,~or publi~c-- g~6unds ~upon'whlch 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 equip- ment 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 cost and expense, and within a time that shall be rea- sonable. 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 Lmder this franchise in their proper channels, so as to prevent injury to any person, or the property, pipes and other structures belonging to tile 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 regu- lations 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 coveri}~g, 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 or upon 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 i'or 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 oi' such proposed work or improvements shall be given to said Grantee by said City. 0ROINANCE 1786 (Cont'd) 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 buil¢~ing, mac¼inery or other object. Said notice shall bear the approval o~' the engineer or suc]~ other official as the Council of the City of Bremerton may designate, shall de- tail 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 only in the event the moving of said building, machinery or other object requires more than 24 feet of vertical clearance, and shall further provide that the person or persons giving said notice will Jnder~mify and save Grantee harmless o~ and from any and all damages or claims of whatsoever kind and nature caused directly or indirectly by the r.~oving of said bui!ding~ 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 Grantee, such trimming shall be done by competent employees of the Gra~atee upon the grant- ing 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 ali. damages, if any, that may result by reason of the construction, operation and maintenance of said poles an~J wires, apparatus, equipment and facilities, anm ti'~e said Grantee, its succes- sors and assigns shall pay all d~aages for which it, they or the City of ~3remerton shall be held liable resulting to any person or persons, association or corpora- tion by reason of the construction, operation and maintenance of said pole lines and wires, apparatus, equipment and ~'acilities, provided, however, that in case any claim is filed with the City of Bremerton or any suit or act~.on is instituted against said City by resson of any such dsm~age 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 corporation shall acquire by purchase or condemnation during the term of this franchise Grantee's property hereunder, as provided by Section 55 of the Charter of the City of Brem- erton, 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 munici- pal corporation said franchise shall terminate. Section 11. This franchise is granted upon the e~press 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 further i'ranchise, over, upon and along any of said public streets, boulevards, aven~les, alleys or public ways, and it shall not be construed to prohibit said City from engagi~g in the trat-!smission, distribution and sale of electricity for electric power, heat, light, or for any other p~rpose for which electricity may be used and upon the further express condition that the Council may eznend, 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 "elec- trical company" conducting an "electric plant" within the meaning of such terms a~ defined by Chapter 117 of the Session Laws of the State of ~¥ashington for the year 1911, and acts supplemental thereto and s~nen~latory thereof, and as such subject to all the valid provisions of such laws applicable to electrical com- panies conducting electric plants, and to the lawful orders anm directions of the Department of Public Utilities of the State of Washington. Section 13. 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 president, vice-president or division manager of the Grantee, shall authorize the City Coun- cil to declare by ordinance an im~aediate 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 times have the right with- out 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, wate~~ mepart- ment service, 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 making any compensation for such use; 'but such ORDINANCE NO. 1756 (Cont'd) ase shall be in such manner as not to interfere unnecessarily with the full and [ree use of said Grantee, its successors and assigns, of said poles and conduits, }rovided that such construction by the City shall comply with the laws of the ~tate of Washington and conform to the construction standards of the Grantee. Section 16. The said Grantee shall pay annually to the City of Bremer- ton as compensation for this franchise three per cent (S~i) of the ~mual gross income received by the Grantee from the business of selling or furnishing elec- tric light an~ power in tl~e City of Bremerton pursuant to this franchise; pro- ~ided, however, that in computing such compensation there shall be deducted [rom such annual gross income so much thereof as is derived from transactions in interstate or foreign comraerce or from busi}~ess done for the Puget Sound 6[avy Yard, and any amount paid by the taxpayer to the United States, the State ~f Washington or the City of Bremerton as excise taxes levied or imposed upon the sale or distribution of property or services; provi{ed, further, that the amount of any tax paid to the City of Bremerton by the Grantee under any other }rdinance imposing an excise tax upon the privilege of selling or furnishing electric light and power in said City shall be deducted from the amount payable to the City of Bremerton as compensation hereunder. Said compensation shall be based on the annual gross income for the twelve months imm~ediately preceding July 1 of each year and shall be payable on or before the succeeding August 15 of each year. Sec5ion 17. This ordinance shall be void if the Grantee shall not, within forty (40) days from the mate of passage of this ordinance, file its acceptance of the s~e with the Clerk of such City. Section 18. This franchise shall not be transferred, sold or leased without the consent of the Council u~der such rules and regulations as the Co~mcil may impose. Otherwise whenever the word "Grantee" is used herein it shall be construed to mean Puget Sound Power & Light Company, its successors, grantees or assigns, and all the privileges herein accorded to and obligations ana restrictions herein imposed upon the Grantee shall be construed to extend to its successors, grantees an4 assigns, as fully and to the same e±'fect as though the words "its successors, grantees and assigns" were each time herein repeated in full after the word "Grantee". Section 19. This ordinance shall take effect thirty days after its passage and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF BHEMERT©N this 12th day of November, !94V. ~ayor Co~'fssioner of P~ublic'Works and Utilities ATTEST: