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HomeMy WebLinkAbout0888 .{n Ordinance granting to Charles R.aollins. his heirs,and assigns,the right privilege and franchise to construct,maintain and operate gas works for manufa~tur d andJor natural gas and also to lay gas pipes and mains in the streets,avenues,lane alleys,highways and other public places of the City cf Bremerton. Be it ordained by the City 0ommissioners of the City of Bremerton,as follows: Section 1. That Charles R.Collins,his heirs and assigns,is hereby granted the right,privilege and franchise to construct, maintain and operate within the corporate limits cf the City of Bremertonas the same are now constituted and as they may be hereafter altered from time to time,such works as may be necessary or convenient f~r ~he manufacture or production of manufactured gas and or natural gas to supply ssi City and its inhabitants with such gas for lighting,fuel and other purposes. Section 2. Tha~ said Charles R.Collins,his heirs and assigns,is hereby gr n~ed the right, privilege and franchise,of laying down,re-laying,connec~ing.disconnecti~g, repairing and maintaining such ~nd so many pipes,conduits and mains,along,through ~nd under ~he avenues,streete,lanes,alleys,highways and other public places in the ssi City of B~emerton,as may be necessary, convenient or proper for supplying such gas for ighting fuel and all other purposes to the s~id City and its inhabitants,and for ~ha~ purpose to make any and all ~onnections which may be necessary,convenient.or proper betwee said pipes,conduits.and mains,and the dwellings and other buildings of consumers of s~ gas, and also the right,privelige and franchise of supplying such gas for lighting,fuel and all other purposes to s~id 0ity or its inhabitants,either from works erected,cons ~uc~ed and maintained in sa~d City,or elsewhere. Section Z. That in the work of breaking the soil,pavemen~ or sidewalks of ~e avenues, streets, lanes,alleys,highways and other public places in the City cf Br, ner~on for ~he purpose of laying,re-laying,connecting,disconnecting and repairing said mains and pipes, and making connections between ~he same and~the dwellings and other buildings of consumers,the s~id Charles R.Collins,his heirs,and assigns,shall be governed b~ and conform to ~he general Ordinances of Bremerton in force at the ~ime said work is done, regulating the opening ~nd breaking of the avenues,streets,lanes, alleys,highways and o~her publi~ places or at the option of the City Commissioners he or they,shall a his or their expense.with all convenient speed,complete the work for which the soil stall have been broken and forthwith replace the earth ~nd street improvements and restcre the said avenues, streets, l~nes, alleys,highways and other public places so opened, bo ~he same condition as they were prior to the doing of such work. / Section 4. Whenever the grantee,his heirs or assigne shall contemplate laying any gas mains or gas pipe upon any avenue, street,lane,alley or other public plate under the terms of this Ordinance,except service pipes, he or they shall cause t¢ be prepared ~nd filed with the Oity 01erk and the City Engineer duplicate maps s~owing proposed location thereof. Per the purpose of preparing sgch m~ps the grantee,hi, heirs and assigns shall have access to all of the records and other documents in the office off ~he City 01erk and in the office of the City Engineer.All such gas mai:~s and gas pipes shall be installed in accordance with said maps,which shall be subject to the approval of the 0ity Engineer. Section 5. ~henever the prosecution of any public work by the City of morton shall involve the establishment or change of any grade,the location or re-location of any sewer,~ater pipe or other conduit~and it shall be found necessary to change the location or to reconstruct any gas main or gas pipe owned and operated by the grantee,his heirs or assigns hereunder,he or they shall, upon fifteen days written notice given by the Oity Engineer,remove and re-lay the same at his or their own expense. In the event of the failure of the grantee his heirs or assignB,~o remove amd re-lay such gas mainand gas pipes,the City of Bremerton shall have the right to do such work without any liability on it~ p~rt or on ~he p~r~ of its officers for d~mages to s~id grantee,his heirs and assigns ,arising from such removal. The grantee,his-heirs and assigns shall forthwith pay to the City of Bremerton the actua~ costof maid work and in the cas~ of his or their failure to pay the samethe 0ity of Bremerton shall h~ve a lien upon all the property of the gran~ee,his heirs and assigns located in the City of Bremerton,which has been constructed or placed under the provisions of this Ordinance,until the same is fully paid,together with interest thereon at°the rate of eight Der cen~ per annum. Section 8. That the s~id Charles R.Collins his heirs and ~ssigns shall commence actual constr~ction wor~ under this franchise w~thin six months from from the time this Ordinance goes into effect and shall within eighteen months from the aforesaid time,have in operation a gas works,pipe s and m~ins actually delivering gas within the corporate limits of the 0ity of Bremer~on,provided, however,that in the event that said grantee,his heirs or assigns be prevented from,or delayed in, commencing or completing said work Within the times herein specified by any litigation or other cause beyond his or their control,the time for the performance of said work shall be extended for a period equal to the period of such interference or delay. In the event that the system of gas mains installed by the grantee,his heirs and assigns at any time does not reach every applicant for gas service,the Department of Public Works of the State of ~ashington shall decide whether the grandee,his heirs and assigns,shall extend his or their mains to serve such applicant. Section T. That the said Charles.R.Collins,his heirs and assigns, shall be liable for all damages which mas be caused by reason of any person,animal or property being injure~ through any negligence on ~he part of ~he gran~ee,his heirs and assigns, and shall hold the City of Bremerton harmless and free from any and all such claims arising from the construction,maintenance and operation of ~he works,pipes and appurtenances contemplated by this franchise. The grantee his heirs and assigns shall defend,in the name of the City of Bremer~on,all suits instituted against s~,id City on account of the negligence of ~he grantee,his heirs and assigns,arising from the construction, maintenance and operation of said gas system; provided ~hat the City of Bremerton shall notify.in writing,the grantee,his heirs and assigns,of the filing of any claim fcr damages,within thirty (Z0) days after filing thereof, and sh~lt notify,in writin the grantee,his heirs and assigns, of the filing of any suit thereonwithin fifte ~ ~lBl days after the institution thereof. Section 8. That nothing shall be construed in this franchise to give the ~a~d Charles R. Collins his heirs and assigns.the exclueive right to maintain and operste a gas plant or system in the City of~ Bremerton. Section 9. That all the rights,privileges and franchises herein conferre upon ,~iand~i~granted to the said Charles R.Collins,his heirs and assigns.shall continue or fifty IBC)years from the time this Ordinance goes into effeCt,subject,however,to the conditions herein specifically set forth. SeCtion 10. The 0ity of Bremerton is hereby granted an option to purchase, at the expiration of the period of ten years from and' after the effective date o~ this Ordinance and at the end of every five-year period thereafter, upon the terms I ~ereinafter stated,all o~ the property.gas mains,gas pipes,works,tools and. other equipmant necessary for the operation of the gas plant cohstructed unde= the provisions of this Ordinance,including also all trucks and automobiles,all gas making materi~ls and s supplies,gas pipe and fittings, gas ranges and appliances and other merchandise o~ hand at the time of consummation of said purchace. The City of Bremerton mh~ll pay the grantee,his heirs or assigns,for maid property,in gold coin of the United States of America,an amount equal to the actual physical value of said property at the time of the exercise of this option,plus ten per cent of said amount added thereto. City of Bremerton shall ~ive notice of its intentionto exercise said$ ~ption, The by written notice delivered to the grantee, his heirs or assigns,not less than si~| months prior to the ex~iration of any such period. In the event of the inabilit~ of said grantee,his heirs and assigr~s and the City of Bremerton to agree upon the actual physical value of said property in money,this question shall be submitted ~o end determined by ~ Board of Arbitrate~s appointed as follows. One arbitrator shall be appointed by the ~yor and Commissioners of the City of Bremerton,one by the 8rantee, his heirs and assigns.and the third shall be chosen by the ~wo:'~so designated . In the event that said two arbitrators sha~l be unable to agree upon the bird a arbitrator within fifteen days after the matter is submitted to them,the third a:bitrator shall be designated by thr Director of Public Works of the State of Washington or other State official succeeding to his duties. Immediately following the Sppointment of said arbitrators they shall proceed to fix the actual physical value of said property after considering such evidence as either party shall introduce and viewing said property and shall within Ninety (901days thereafter file in the Superior Court of the State of Washington for Eits~p County their findings and award,which shall set forth each item of s~id property and the value thereof,and returning therewith a transcript of the~evidence and the proceedings had before them. In the event that neither ~rty shall except to s~id award within thirty days,said purch~ce shall be consummated ~ithin six (6) months after the filing of said award by the p~yment of the amount of sa~ award, plus ten per cent thereof,to the grantee,his heirs and assigns,and by delivery o~ s~id property to the City of Bremerton. In the event that either party~Shall file exceptions to slid award, the transaction shall be consummated within six (6) months after the final conclusion of such litigation,but not prior to the~i'date specified in said notice. Section ll. In consideration of the granting of the rights, privileges and franchise herein conferred uponthe grantee~his heirs and assigns, the grantee his heirs and assigns shall pay annually to the City of Bremerton,after the expiration of a period of four (4t years from and after January 1,1929, the following sums: ~or the period of ten Il0) years beginning January 1,1933, and ending December 31,1942,a sum e~ual to one per cent [1%) of the gross receipts received by the grantee,his heirs or assigns,from the sale of gas in the City of Bremerton; for the period of ten ~10J~years from January 1,1943, to December ~1,1952,a s~n equal to one and one-half [l~) of s~id gross receipts; for the balance of the term of said franchise subsequent to January 1,1953,a sum equal to two per cent(2%) of said gross receipts,Said sum shall be paid annually to the City Treasurer of the City of Bremer~on on the 15th day of Pebruary,following the termination of each and every year the gross receipts for for which are subject to a franchise tax according to the fore- going schedule. Upon the request of the ldayor and City Commissioners,the grantee his heirs and assigns shall permit any authorized representative of the City of Bremerton to examine his or their books or other documents,for the purpose of ascertaining the correct amount of such gross receipts for any year for which the tax is payable according to s~id schedule. Section 12. That the s~id Charles R.Collins his heirs amd assigns shall, within ten days from the effective date of this Ordinance,file with the City Olerk.his acceptance of the rights,privileges and franchise herein granted and subject to the conditions herein. At the time of filing said acceptance,the grantee,his heirs or assigns shall present to and file with the City Clerk a certified check to the order of the City Treasurer of the City of Bremerton,in the sum of One Thousand Dollars,which shall be held as a guaranty that s~id grantee,his heirs and assigns shall in good faith cormmence work under this franchise within the time specified in Section 6.hereof,and and shall have in operation a gas works actually delivering gas within the corporate limits of the City of Bremerton, all as provided in said Section 6. In the event that the grantee,his heirs and assigns shall fail to comply with the requirements of said Section 6hereof. said s~n of One Thousand Dollars shall be forfeited by and become the property of the City of Bremerton together with gas works, gas m~ins,gas pipes and other property of the grantee, his heirs and assigns,located in the City of Bremerton,as liquidated damages accruing to said City by reason of such failure. Section 13i..The grantee.his heirs and assigns shall before commencing work under this franchise.file with the City Clerk of the City of Bremerton a policyof Public Liability Insurance,written by an Insurance Company authorized to engage in the Insurance business in the State of Washington,which shall insure th City of Bremertonagainst a~l claims, damagesand causes of action arising on acco~ ~t of the negligence of the grantee.his heirs and assigns,or his or their agents or em loyees, in laying said gas mains,gas:pipes or conduits in the streets or other public pla~es in the City of Bremerton. Said policy shall insure the City of Bremerton in the naximum sum of Twenty-f~ve Thousand Dollars(~25.000) for injury to one ~l) person,and in the maximum sumof ~ifty Thousand Dollars (~50.000) for injuries to more than one person arisihg out of the same accident, and shall be kept continually in full force an~ effect until the construction work is completed,but not less than eighteen ~18) months f~om the effective date of this Ordinance. Section l~, In the event of any assignment of this franchise by the gran~ee, his heirs and assigns,the said grantee,his heirs an~ assigns,shall within thirty ~ys of the making of such assignment ~ile notice thereof and to whom assigned,with th City Clerk of said City and such notice of assig~nent shall be made a part of the reco ds of his office. Section l~, This Ordinance shall be in full force and effect from ~nd a~ter its passage and publication in the manner provided by law,provided that the same approved by a majority of the qualified electors of the City voting thereon at a ~pecial election called for that purpose. Passed by ~he City'Commission of the said City of Bremer~on in regular session assembled by the following vote: Lyes,Z,Nays,---:' Absent---: amd approved and si~ned by the ~yor and attested~by the City Clerk in authentication thereof this l£th day of December.~9£8, ? ~ /~/ Ci~y Clerk. ~,~yor. December ~th,19£8. Placed on firs~ reading and afterwards ordered filed in the clerk's office for public inspection.~ ~ ~ J.~cC y City Clerk,Bremerton,Nash.