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HomeMy WebLinkAbout0912 ORDINANCE NO. 912 AN ORDIN.'~NCE granting unto D,C.~ Tenne,v., his heirs successors and. ~ssign~ a franchise..for the ~urpose of fumnishing ~he citizens of Bremer~on, Washington, wi~h light,heat and power by ~as in ~he Olty of Bremerton, and ~he right, privile and franchise :~o~ co'ns~ruc~, ~intain, and oper~te ~as works for the manufacture or'natural gas and ~o lay gas [)il)es and mains in the s~ree~;s, avenues, lanes, all~ , 'highways and other ,public place~ of the Oi~y of Bremer~on, BE IT ORD~'~INED BY THE CITY ~01~.~ISSI01~RS 0~ THE ~ITY 0~ BRE~RTON, as Section 1, Tha~ ~he Oi~y of Bremer~on, Ki~sap 0oun~y, Washington,does hereby and by ~hese l)resen~s gr~n~ ~o D. C. Tenney,"~his heirs, successors, ~nd assigns, a franchise, righ~ and privilege to construct, acquire, own, o~)erate, · ~in~ain, enlarge and extend a lightS, hea~ and power plan~ by gas in the City of Bremer~on, wi~h all appurtenances neeess~ry and accessory ~here~o, including ~he rlgh~ ~o manfac~ure 'gas~and ~he righ~ ~o lay, construct and maintain gas ma. ins and la~erals and private and ~)ubllc pipes ~oge~her wi~h necessary accessories in, ~hrough, under, along and across squares, ,places, sidewalks, bridges, streets, alleys, avenues, parks and o~her publi~ places and ground· in ~he Ci~y of Bremerto~ however, ~ha~ ~hey cross-pgve s~ree~s as few '~i~nes ~s possJ.ble, for any and all ~?~'purposes including~ ~he righ~ ~o connec~ with any similar property in or beyond ~h~ ~ity limits off the City of Bremerton. Section 2, All mains,, la~erals and pipes laid by ~he gran~ee herein or relaid, changed, altered, co~nected with or pertaining to such plant shall be lai~ ~?~:~:.:~as prescribed by the ordinances and ~egulations of this Oity perSainih~ t0 any ~such work ~.nd undei' the supervision and irec~ion of the City Engineer and also ~n compliance with any ordinances or regulations ~hat may be herea~e~ passed or ~?adepted during the life~ime .of this fr,,nchise, and all eueh wor~ sha~:~'~ done an8 ~srformed in such manner as ~o cause ~he least inconvenience possible,~::~n'2 shall '~:[' leave all surfaces in as good condition a~ they were prior to the doing of such work. Ail ditches, openings in s~ree~s, sidewslks, alleys and o~'her public place piles of material and all other construction and dangerous places mus~ be properl~ ligh'ted to prevent damage or injury, and the ss. id grantee, by ~he acceptance of ~his franchise, assess all liability and resi~onsibility for any and all damage ~r injury to [~ersons or ..)rol)erty ~hat may occur or be caused as a resul~ of any of ~uch work, ~nd shall hold the City harmless from all 2uoh injury and damage i~ m~y sustain during ~he lifetime of ~his franchise by any act or omission on th part of the gr~ntee herein,his agents, representa~ives, successors and assigns; to tha~ end, the gran~ee shall, prior ~o ~he beginning of any such work, dei)osi~ ORDINANCE NO, 912 Con' t with the City Clerk a good and sufficienfi surety bond or a policy of pnblic liability in~surance which shall insure the City of Bremerton against all claims, damages and causes of action ~rising on acco~uut of the negligence of the grantee, his heirs successors and assigns, and his or their agent's or employees, in connec- tion with any such work, a~d during the lifetime of this franchise in a maximt~m sum of Nifty Thousand 1550,000.00) Dollars for any such injury or damage to any one or more persons arising out of t~e s~me a. cciden~, and shall keep s6ch bond or insurance ,.~olicy in full force and effect during the full lifetime of this fra. nchis and thereafter while the grantee, his heirs, successors, or assigns, is operating any such gas plant in the City of Bremerton. The City Commission is to be the sole Judge whether or not the provisions of this section have been com,.~lied with. In the event that grantee refuse~ to coml~lete any work contemplated by this section or that the work so done by the gr.'.~.ntee shall not be satisfa~tory ~o the City Engineer, then he shall cause the grantee to be notified in writing to complete the work; and in the event the said gr~ntee f~'~ils or refuse~ to complet ~he work as directed by the City Engineer within five 15) days from the giving of said notice, thennthe said grantee, or his representative shall pay to the City of Bremer~on the sum of ~ive ~$5.00) for each and every day until sa. id work shall be completed to the sati~f'~-~ction of said City Engineer, Provided, that u,pon the failu~ on the part of the said gr~'~ntee to do the work as herein provided for, the City she have the right to do or have such work done, and charge the expense of same ~ ~ to the said gr~-~n~ee, and such ex.oense shall Constitute a lien upon all the property, works, and plant of the gran~ee he'rein; and provided further, that the doing of s~:ch work by the City shall i;~ ne w~y relieve the gr~ntee of the penalties hereinbefore provided for. Section 3. The actual work of construction of the plant and laying of the pipes shall be co~.~nenced within four months after the effective dete- of this fr~nchise, and 'shall be prosecuted diligently and continously from such time of beginning such construction to com,oletion, ~nd the said plsnt and pipes shall be constructed and laid and in operation within twelve! 112)'months from the effective date of this ordinance, and if not so constructed and completed, within, the time herein provided, all rights and ~rivileges under t~is fr~nchise shall be forfeited, and this franchise may be declared null and void at the option of the City Commissi on. SECtion 4. The Grantee shall eztend hismains and system on any street avenue, lane, alley, highway or other public place within the corporate li.:~its of the city u,~on receiving from the p'erson~ or persons desiring such extension their ORBINANCE NO. 912 Con' t written agreements, agreeing in consideration of such extensions being made, to connect their pre~ises with stall mains upon comple~ion, and to purchase gas for a period of no~ less than two ~) years and ~se no~ less t~an an average of one thoussnd ~l,O00) cubic feet per ~onth d~ring such period, provided that the grante, shall not be obligated to make any such extension for a distance in excess of one hundred (lO0~ lineal feet for each person making such agreement ~nd shall not be ~ obligated' ~0 make ~uch extensions while the ground is frozen. Section ~. That ~he grantee ha~eunder Sh~ll within ten ~0) days after the effective date of this franchise deposit with the City Clerk cashier's check in the sum of ~e Thousand ($1000,00~ Dollar~ to the order of the City Tressurer, ~?:' which s~ shall he held by Said clerk as a guarna, ty that said gr~ntee, his heirs, ~ successors and assigns, shall in good faith co~,.~ence and prosecute diligently the ~" wor~ under this i'r~mchise within t~ ti~ne specified in Section ~ hereof, In the ? event t~t the grantee, his heirs, successors, or assi~s, shall fail to comply~ [:~. with the requirements of said Section3, said sum shall be forfeited t'o and property cf the ~tty cf Bremertcn, and the grantee herein-hereby expressly acknow ledges due and sufficient consideration as' having passed to him as a basis for suc~ forfeiture. Provided, ~ha~ ~ any ~i~ne the City Co~nission is satisfied that said grantee, his ~mcessors or assigns, has s~ffioient property.and inve~:tment on ~he greed and in process of constr~ction to show good faith and actual intention of pra~eeding wi~h said work to com~le~ion, ~hen upon application of ~he grantee the City Oo:znissi~n may release said s~ of One Thousand ~$1000.00) Bolla. rs to the sai~ ~?~ grantee. ~,'~ Section 8, This franchise is hereby g~an~ed for a period of fifty ~50) years fro.a and after ~he effe~ive da~e of ~his ordinance, Section7 The~.City of Bremerton is hereby gr-nted the optionto purchase at the expiration of ten ~lO) years from and ~fter the effective date of ~;Y?'ordinance and a~ ~he end of.' every f~ve (5) year period ~heriaf~e~ all ~he property :~.~,~: . mains, ~i~es, pla. n~, works, lools, material and eqaipmen~ necessary for ~he opera~ion of said gas plani constracted un,,er lhe provtaions of this ordinanae ~he appraised value thereof, which appraiser.~ shall be ai~i~oin~ed as follows: One ~?~' ap raiser bL the City, one by the grantee, and one by the ~udge of the Superior Cour~ of Ki~sap Co~y, and ~he proceedings of such appraisers or arbitrators shall be governed by and in Compliance with the laws of the St~e of ~s[~ington relative to arbi~rati.on, end ~he aLso, raised w~.lue so arrived at sh~ll be ~ccepted by both p~'ties az the considerat] ;,n for such Plant and works, provided, that the ~?~ option herein gr~tnted shall not be con:~trued ~s a waiver on the part of ~he City :~:~ o~ Bremerton to acquiz'e s~id property by conde~ation or othe~ise ~s m~y be ¢;4~..~'~ provided by the law~ of the State of W~tshington. ORDINANCE NO. 912 Con' t Section 8. In consideration of the gr~,nting o£ this franchise, and the rights and privileges hereunder conferred, the said grantee ,. his heirs, successors and assigns, shall pay annually to the City of Bremerton, after the e.~:piration of period of five 15) years from~and after January l, 1931, to-wit, beginning on January l, 1936, and annually thereafter, a sum equal t'o 2% of the gross receipts received by the gr~ntee, his heirs, successors or assigns, fro~,~ the. ssle of gas in the City of Bremer~on; said sum.shall be pay~tble annually ~o the City Treasurer of the City of Bremer~on on the 12th day of ~ebrt~ary, following ~he termination-Off each and every year, the gross receipts for which are subject to the fr~.nchise tax, ~[pon the request of the ~[ayor and ~he City Commissioners, ~he grantee, his he~rs, successors and assigns, shall permit any authorized represent.- a~ive of the ~ity bf Bremerton to emam~.ne his or their books or other documents for the purposes of ascertaining the correct amount of such receipts for any year in which such sum is,cpayable. Section 9, In the event of any assignment of ~his fr_:nchise by the grantee, his heirs, s;~ccessors or a.~.signs, said gr~;ntee, his h'eirs, successors ~nd assigns, shall within thirty (30) days of the making ofsuch' ' assignment, file a duplicate copy therof with the City Clerk of sa. id City. Section 10, This ordin~.~nce sh~ll ~e in f~zll force ~nd effect from and after i~s p~ss~.,.ge a~d ,pui.,J. ic~ti, on in the manner provided by law, provid'ed that the same is ai~pr0ved by ~ i:~ajority of the qualified electors of the Ci'..y of Bremerton, voting thereon at a spec'iai election called for that l~ur~)ose. P~SSED BY THE CITY C0~3.[ISSIOI! 02 THE CITY O~ BRE~.[ERTON in regular session em assembled, signed by the Mayor z~nd attested by the City Clerk in authentication of such passage this 16 th day o£ April, 1930o ATTEST: