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HomeMy WebLinkAbout0543 ~ ORDIN~aE granting t. E.~. Blaine, his associates, successors and assi~s, right t~ censtEot and mainbain a system off pipes ~8. w~rks flor the ~lstri~ti~n and sale ~ ill~ina~ing ~d fuel gas in the streets, alleys, avennes and public places ~ff bhe City off Br~erton,' ~d ~o ca~ry on the b~siness of selling such gas bi means ~ff suo~ pupes and works, ~d fizin~ the m~im~ ra~es to be charge~ thereffor, ~he compensabion ~o the City of Bremer~on and penalties flor ~he interfference wi~h ~ny such works, ~he violation of the rights of the grantee herein, and the City of ~remer$on, and providing for ~he purchase o~ same by the City of Bre~rton. ~E CITY C0~CIL OF THE CITY OF BREI~RTON D0 0~AINfAS See. l' That E.L. Blaine his associate~, successors and assi~s, are hereby grated the right and privilege of constructing and maintaining within the corpor- ate limits of the City of Bremerton, as now situated, together with the additio~ and extensions thereof, such pipes ~d works as may be necessary or convenient for he manufacture, production, generation and supply to the City of Bre~rton and o the l~abitants thereof ill~inating and fuel gas and to charge the cons~ers thereof not to exceed the maxim~ rates hereinafter fixed therefor, subject to such regulations ~ as may be provided by the public service commission or under the laws of the State of Washington. Sec. 2. That for the purposes aforesaid the said E.L. Blst. ne his associates, successors ~d assi~s, are hereby grated the right and privilege of construct- ing, l~ying do~, relaying, eo~ecting, disconnecting, repairing, maintaining ~d altering any and all such mains ~d pipes alang, through and ~mder the streets, avenues, alleys and public places of the City of Bremerton and to make excavation therefor in such places and in such manner as may be necessary or convenient for the supply of such gas to eons~ers thereof, and to make such connection between such mains, pipes and the dwellings or other buildings in the City oY Bre~rton, ~d other cons~]ers thereof, ~der such reasonahle regulations, stipulations and ~conditions as ~y be provided by the ~',%yor and City Corn%oil of the said City of Bremerton or by the J~b, lic Service Commission of the State of Washington. - Sec. 3. This ordinance ~d the ri~ht granted thereby shall continue in force four the perio~ of fifty years from an~ after the date of its passage and approval, provided however, that ~lese the said E.E. Blaine, his associate~, successors or assi~s, shall within thirty ~30) days from and after the date of the approval of this ordinance by the Hayor of the said City, or if its becoming a law without his approval, file with the City Clerk his written accept~oe hereof, this ordin- ance shall become null ~d void and ~ovided further that ~less the said E.L. Blaine his associates, successors or asst~s, shall within three months from ~d after the filing of their written acceptance hereof as herein provided, in good faith eo~enoe the construction of said works in the City of Bre~rton for the manufacture and distribution of said ~s, and continue sueh~ construoti3n with reasonable diligence and tn good faith until the same shall have been completed, a~ complete the s~e and he prepared to K~anufaeture and distribute said gas, and do essence the distribution of gas, if ordered or applied for to the houses and residences on the principal and most populated streets of the City of Bremerton, on or. before the end of one year after the date of such acceptance, ~he said City of ~remerton may repeal this ordinance and thereby terminate all the rights, priv- ileges and franchise granted here~der, and forfeit all of the works, material and o~her rights of the said E.L. Blaine his successors, associates and assi~s, to the City of Bremerton, by resolution, after having given at least thirty days prior to such action, written notice to the said E.L. Blaine, his associate~, suc~ essors or as~si~s, and his and their continued failure to~ so comply wits su~ re- quirements within s~id time;, provided, however, that should the construction of such works and pipe lines be delayed by strikes, lock-outs, or other causes beyond the control of the said~grantee, his associates, successors or a~:si~s they have a corresponding e~tentf~n beyond said period of one year for compliance with the requirements of this ordinance. See. 4. The said plant shall be constructed of siz$ and capacity sufficient to manufacture and sup~)ly gas to a city of 15,~0 inhabitants and when so constr- ucted shall be operated for the pu~ose of supplying gas to the residents and cit- izens of the City of Bremerton according to their dem~ds. In the event said grantee, his associates, successors or assi~s shall fail or refuse to supply gas to the residents and citizens of the C-;ty of Bremerton for a Rertod of three m~nths in any one year after the completion of said plant and said piant shall be i~le ~d inactive during said time, the City C,3m~cil of the City of Bremerton may, after giving to the grantee his associates, successors or assi~s written notice to res~ae distribution of gas to all its customers in the City of Bre~rton within thirty days, and his a~ their failure to comply with such requirement, declare this ordinance ~d franchise null and void and repeal the same by ordinance and by resolution forfeit all the fixtures, works, pipes and material of every kind and nature in the City of ~;remerton to the City of Bremerton. Provided, however, the provisions of this section shall not apply,if the failure to so deliver gas shall be ,due t~, causes beyond the, c~ntrol of the ,grantee, his associates, successors or assigns. Sec. 5. That at n~ time for the purpose of laying or r~elaying or remov~ any of the, mains, pipes or works shall the streets, avenues, alleys or public fares be broken up or ,bstructed for a greater distance than ~wo consecutive blocks unless special permission of the City of Bremerton, acting by and through its duly accredited officers charged with said duty be given in writing, and in all cases when and where it shall be necessary ~o dig ditches or make excavations of the said streets, avenues, alleys or public places of said City, the same shall be i,~,~mediate- ly restored to as good and safe condition as they were in previously, ~mder ti~e sup- ervision and dtr,~,ction ,of the city engineer and the street and alley committee of said city. Sec. 6. Whenever the grantee under this ordinance shall contemplate laying any main, gas pipes ,or works, not including service pipes in any street, avenue, alley, highway or public place in said city, he or they shall cause to be prepared and filed ~ith the City Clerk and ~:;tt.,? ~ngtneer of said city duplicate maps showinE th~, pro- kposed location t~ereof, in such streets, avenues, alleys, h, igh~ays, or other p~bllc places of said City by surveyed measurements. At the first regular ~eeting of_ the City Council after the date of filing said maps, said macs shall be ~zdopted as the ~fficlal location ,of the said mains, and p~pes or works, in, less the ~:.~,ity engineer shail report that the proposed location a:f said mains, pipes or works interferes with existing sewers, water pipes ~r oth,,r conduits located in said streets, avenues, alleys, highways Jr oublic places of ~atd City. In c~e said proposed lo ~.~t ion interferes wzth any existing ,Jr ,Jroposed sewers, water pipes or other conduits as aforesaid the Oity engineer shall report to the Oity Council in what manner the same interferes therewith and the City Council thereupon shall require sr~,h plan to be amended and a new plat filed to conform with its requirements made.at that time, and at the first regular meeting ~f the Council after the filing of said amend- ed plat to conform with the requirements of the C~ty '~ouncil the same shall be adop- ted as the official location of said pipes and mains and works. If said co,moil shallr efuse ~r fail to point Jut in what manner the original plat as filed is def- ective so that the same may be amended, within a period of ZO days, then tko origi- nal plat or map shall be considered as the Jfficial location of such mains, pipes, o~ works. The ~rantee hereunder shall }~ave a prior right to the places in saint City designated by th~, Jffficial plat Jr map of ~:uch loe~,tions. The grantee shall for the purpose of preparing such map h~ve acce,~s to the existin~ records and fi]es in th office of the City Clerk and City Engineer. Sec. 7. '~henever the prosecution of~ any public work by the City of ~:~remerton shallinvolve the establishment or change of any grade, the location o'£ ~ny sewer or water pipe ~r other conduit of the City of Break, orion ,or other convenience located in the City of Bremer~;on and it shall b,~ lo,md necessary to change the location or to reconstruct any apparatus ov~ned and controlled by the grantee hereunder, his asso~ciates, successors or assigns, located in said str~ets, aven~es, alleys, h~f. gh- ways ,or other public places, the .'~am~ shall be changed by the said gray,tee, his associates, successors or a,~signs at their own expense, ~mder the direction and sup- ervi~sion ef the City Mngineer and the street and alley co~ittee ,of the City of Bremerton, after not less than one week's notice in writing to make such changes, and upon the failure or refusal off the za~d grantee hereunder to make such changes as required in Said notice, the City of Br~merton shall have the right to ma~.~e such change and charge the cost thereof to the grantee, his associates, successors cr ~s~signs and the said cost there?f shal constitute a lien upon all ~he property of the_.grahtee his associates, successors or a~;signs, located in the City of Bremerton, constructed or ,placed ~mder the providtons of this ordinance, until the same is ful- ly paid together with interest therepn at the rate of eight ~8) per cent per annum, and the City ,of Bremerton' shall have, the right to foreclose said lien, take Judg- ment against grantee, his associates, s~ccessors or assigns, and collect the said clai:n and Judgment in any manner provided by law. Sec. 8. The maxim~un rate to he charged by the grantee, his associs, tes,,s~mcess- ors_,or assigns, to the Cit,~., of B-~'e~ert._}n~ · and t~ e~nsumers of ~,'~as furnished by the sai_d grantee within the corporate limits ,of the ~ity of Oremerton, as now establish- ed or as hereafter extended cZ enlarsed, sha].l be as follows: (a) To the City of Bremerton for all gas required by it ~or its sole use and benefit, the sum of one dollar ($1.00) per thousand cubic feet, net, and not subject to the discount stated in item "f" below. [b) To all other cons%~,~ers w~thin the City of Dremerton whose total cons~'~mption in Iess than £000 cubic feet per month, the s~zn of one dollar an~l fifty cents ~$$1.50~ per thousand cubic feet. (c) To all other consumers wlth~n the city of '2remerton whose total constunptlon iS in excess of ~000 cubic feet per month but less than 5000 cubic feet per month the sum of one dollar and fo. rty cents ($1.40) per thousand cubic feet. (d) To all other consumers within the Oity of i~remerton whose total consumptiexl is in excess of 6000 cubic feet per month but less than 10,000 cubic feet per month the sum of one dollar and thirty cents ~$1.ZOI per thousand cubic feet. ~el To all other consuniers within the City of Bremerton whose total consumption is in excess of lO,O00 cubic feet Der month the sum of one dollar and t~n cents IS1.10) per thousand cubic feet. If~ In each and every c~ise above !~rovided, except as otherwise noted, in the event of payment being made on or before the fifteenth day~of the month for the gas consumed during the previous month the consumers shall be entitled t~ a dis- count of 10% of the amount of t.~e bill for such consumption, but in c~se such pay- ment is not made within said time the grantee shall have the right to collect the entire amount of the bill for th~ gas so consumed. Ig) The minimum amount to be charged to any consumer f~r ~ny month shall be the s~n of fifty cents ~$0.50), but such sum shall entitle the sa~d~ consumer to the prorata proportion of one thousand cubic feet of gas for said month. Sec. 9. In consider~tion of the granting of the rights and privileges contain- -ed herein the grantee, his associates, successors ~nd assigns shall pay annually ~o the City of Bremerton after the expiration of the first .~eriod of ten years from and after the granting of this franchise, the following sums: ~or the second period of ten years after th~ granting of this fr~nchise one per cent ~1%~ of the gross recede)ts realized from the oper~tions of the grantee, his, associates, successors or ~ssig~is hereunder from the sale and distribution ef all illuminating and fuel gas in the City of Bremerton. ~)r the third period of tenyears as aforesaid the sum of one and one-half (l~) per cent of all such receipts as aforesaid. Per the fourthaud fifth period as aforesaid, bein~ the entire remaining period of the life of t~-ts grant, the su~ of two per cent (~%) of all receipts as aforesaid, The said sl~ls to i~e paid annually on the fifteenth day of January succeeding the ~ermination of each and every year after the expiration of the first period of ten years, and any accredited officer or representative of the City of Bremer- t~n shall have the right to examine the books, papers and other ewidenc~e in poss- ession of the said grantee, his associates, successors or assigns for the purpose of ascertaining the true amount of the gross receipts for any year after said first period of ten years. ~'~ Sec. lC. No license or other t~x shall be imposed upon the grantee, his asso- ciates, successors or assigns or upon his or their ~)roperty for the occupation of the said streets, a~enues, alleys, highways or other public places in the City of Bremerton, other than that herei~i specified, together w~th the regular taxes assessed f)r city, county and state purposes. ~ec. ll. The City of Bre~.~erton he~'eby reserves the right at the e~t~ration of the period of tenyears fro~;l ~tnd after the !)assage and approval of thi.~ ordinance, and at the ent of every five year period thereafter, te purchase from the said grantee, his associates, success,~rs or assigns, and acquire title to a~l the property, mains, pipes, plant, tools e~nd other equip~ent necessary for the oper- ation of the plant constructed under the pro~'ision of this ordinance, upon the basis of its actual physical value of same at the time of purchase, plus 10% ef said amount added thereto. Provided, however, th~,t, if the 'Cit~,F of ~!~remerto~l shall not excercise the right to purchase said property at the expiration ef said ten years, it shall n~t again have the right te purchase, except ~t the ex- piration ~f e~ich ft. ve yea period there..fret; provided further, that the said City of Bremerton shall serve notice upon the sa. id E.L. Blaine, h~t.s assoc~.~tes, success,~rs or ~.ssigns, no~ less th~-~n six months prior to the e)zl)ir~tion of each such period, of its intention to avail itself of the right to purchase. In the ~vent of the inab, ility of the said grantee, his associate~, successors er assigns and the City of Bremerton to agree to the actual physical value thereof, the determination thereof ~,hall be s~bmitted t,~) aboard of ~rb~tration appointed as fa llows: One arbitrator shall be ai)pointed by the l'~{ayor and the City Council of the City of ~remerton; one bj~,' the grantee, his associates, successors or assigns; and the third shall be designated bj~ the Public Service Commission of the State of Jashingten. I'm~ediately following the appo~.ntment of safdboard of arbitration, the grantee, his associates, successors or assigns, shall submit to the said ar- bitrators all their books, papers, accolucts and all other matters and things neces~ary ta the proper~determination of the true, actual physical valise of t~e said i)roperty of tt'le said grantee at said ti~e. Said Beard of Arbitrators, upon articling at a conclusion as to the actual physical willie of the plant and equip- ment of the said grantee, hi~ associates, successors or assigns, shall report Sllch findings t~) the dity of Bremerton ~nd to t~e sai~ grantee, his associ~tes, successors ~ or assigns; it bein7 underst~d that the said findtngs and report of the said ~rbitrators shall in all respects comply with the provision~ of th~ laws in force in th~ State of ~shington relating to arbitration in other eases. In the event of the unwillingness )f the City of Bremert,on or t~e said E.L. Blaine, Om)INANCE NO. li~'~sociates, successors or assi,~s to accept the award of the said arbitratgrs an appeal must be made ~o the SuperiOr Co~rt of the State of Washington, for Kitsap ~o~ty, within thirty (~0) days followin,g tko service upon them of the notice of such award. In ca~e no appeal shall have been had within said time the findings and award shall be binding upon the said E.L. Blaine, his associates, successors · or assi~s, and u~on the payment ~f th,~ amour of ~ueh ~-~ward, with the ten per~ cent added as aforesaid, together with ~he costs of arbitration, all the rights, title ~d interest of the said grantee, his associates, successors or assi~s, sh~ll thereupon be vested in and beeo~e the property of the City of Bremerton. In ~he event ,~he ~tty o:f Bremerton refuses or fails to accept the ~ard of the arbi- ~ appeal shall be taken, the City of Bremerton trators, either before or ~ter an shall pay ~he costs of arbltratign. In ease of an appeal from the findings and award of the said arbitrators as above provided, the operation of the plant during the tiue of determining the Justice and equity of the sa~ award in-the courts shall be continued by the grantee, his associates, successors or assi~s, who shall render to the City of Break, orion a strict accom~tin~ of all expenses during s~-~id perio ~nd in case said plant is purchased by the City of Break, orion, there sha~I be deduc- ted from the ~ard of the above provided board of arbitrators, upon the payment of said s~n by the Oity of Bremerton the net profits accruing froze the operation of said plant during the said period cons~tmed by appeal; the said gr~tee, successors or as:~igns to be allowed the s~n of six per cent interest per anm~ on the amour of~the final award during the ~ime of ap~peal. The sole question to be determined by the Board of Arbitrators ls hereby declared to be the actual physical value'of the plant and properties 'at the time off purchase and the amour to be paid th.refor. Provide~, however, there shall not be charged as a part of the operating costs of ~he plant and works of the grantee, his associates, successors or assize, dur- ing the period elapsing between the declaration of' intention off pure, base and within six mouths thereafter any larger salary or compensation to any offic~r, agent or employee of the said grantee, his associates, successors e.r assi~s, ~than such agent, officer or employee was receiving at the time off service of such notice of intention $o purchase, Sec. 12. All meters shall be furnished and installed by the g~antee, his assoc- iates, successors or assi~s, without cost or rental therefor to th~ consumer, and whenever ~y extension o-f the pipes, mains or works of ti~e sa~.d grantee, his assS- ciates, successo2s or assists shall be required for the delivery off gas to the cit- izens of Bremerton no~ then being served, and the probably annual revenUe to be derived f~om the sale of gas delivered through such pipes, mains or works shall be equal to twenty-five [25%~ per cent of the cost of su~h extention the said gran, tee, his associates, successors or assigns sh~tl upon de~and of the City Council of said City make such~xtentions. In case the probably annual r~venue to be derived from the sale off gas through said extensions shall not equal twen~;y-five [25%) per cent of the cost of such ex- tension the said grantee, his associates, successors or assize shall not be re- qui~ed to make such extensious. Bec. 13. The said grantee shall at the time 0'f filing his acceptance cT this ,ordinance present to and file with th~ Clerk of said Oity of Bremerton a certiffied check in the s~m of $1,000 as a ~arantee that the said grantee, his associates, successors or asei~s shall in good faith begin the con::,,truction of the ~aid s~stem within the time by this ordinance li:~ited, and shall in good faith and diligence prosecute the same and complete the construction so as to begin the delivery of gas, iff de~aanded, ~long said syste~ within twolve months after the acceptance of this~ fran~hise,, ~ exeep~ as provided in t~e proviso, relative to strikes and locko~:ts "Section ~" above, and in the event of the failure of said grantee his associates, successors or assi~s so t o do then the said C~ty shall h~ve the right and power to forfeit the said check of $1,000, together with the pipes, mains, works and mat.r- ial in the City of ~remer$on as full settled, agreed and liquidated damages accru- ing ~o said City by reason of such failure. Sec. l~. The said grantee, his associates, successors or assigns shalk before they commence the laying off pipes or conduits~ in the streets, avenue,s, alleys or other public places in the City ~ff ~re~erton ~mder and pursuant to the provisi.~ns of the franchise hereby granted, file with the City dlerk of the Oi~y',~f Bremarton a good and sufficient sur~ty bond furnished by some suret~ company authorized to do business in the State of ,:~ashin~ton, in the penal s~ of $5,000 c~nditioned that he, the said gran~ee, and they, his successors, associate~ or assigns, shall ~ep and save harmless, the City of Bremerton from all loss or damage sustained by or caused through the fault or negligence of the said grantee, his associates, succ- essors or assiEns,'or their agents or employees, in the laying of mains, pipes, or conduits tn the streets or other public places in the ~ity :of Bremer,ton, Said bond shall be maintained in force for the oeriod of two years from the date thereof. Sec. l~. It is further ordained theft the said grantee, .his associates, success- ors ,or assigns shall pay any and all expenses incu red in th~ preparation and pub- licat~on of this ordinance and for that purpose shall be required to deposit with O~INA~;CE NO. 643 ~0ont'a) ~~-~-~ ,. the Clerk of this City a certified check or aash in the sm~l of Fifty Doll~rs($50.O( Sec. 16. It is further ordained that the right and franchise herein granted shall not be assigned without the written permission of the City, of Bremerton, provided that said grantee herein is hereby given permission to m~ke one assign- ment hereof to a domestic corporation to be formed. Sec. l?. This ordinance shall be in full force and effect five days from and after its passage, approval and publication according to law. Passed by the City Co,moil this BBth day of September A.D. 1918. Attest: Mayor. City Clerk. STATE OF WASHIN($TON, ') ) ss. County of Kitsap...) ) City ,of Bremerton,...) I, E. J. HcCall, the duly elected, qualified and acting City Clerk of the City of Bre~erton, ~ashington fo hereby certify that the above and fore~oin~ ordinauce of the City of Br~merton, Washington. being Ordinance No. ~4Z and entitled: "~E~ OI~IN~CE grantin~ to E.L. Blaine, his associates, successors and assigns, the right to construct and maintain a system of pipes and works for the distribu- tion and sale of ill~inating ~md fuel gas in the streets, alleys, avenues and public plaices of the City of Brem~rton, ~nd to carry on the business of selling such gas by~eans of such pipes and works, and fi~in6 the maxim%~ rates to be charged therefor, the compensation to the City of Bremerton and penalties for the interference with any such works, the vtol~ion of the righ~ts~6f the grantee here- in, and the City of Bremerton. and providin~ for the purchase of ~ame by the City of Bremerton." was on l~[onday, the ESth day of September, 1916, ~t a regular meeting of th~ City Coca, oil of said City, duly and re~fularly p~ssed, by an affirmative vote of five members of said Co~oil, such.vote being taken by a call of the yeas and nays. That the ~'~[~yor of said City vetoed said ordinance, ~md on, to-wit: the 9th day of October, 1916. returned it to said Codicil with his written objections thereto; that thereupon, the said council proceeded to reconsider the vote upon which said ordin~noe was',~passed, and after such reconsideration did, on I,,tonday, the 9th day of October, 1916 at a re~ular meeting of said Council, pass said ordinance over the ~yor~s veto, by an affirmative vote of give members of said Council, present ~d voting; such vote being tak~n by a, call of yeas and nays, and resulting as follows, to-wit; ]~{cGillivray, Per.son, Buffington, L~cGlothlen and Rickart; yes; ]~{r. Ward; No; ~r H~rrison being absent. I further certify that s~id ordinance was not pa~sed by ~he City Co.oil on the day of its introduction, nor within five ds. ys thereafter, and had been duly submitted to the City Attorney of the said City of Bremerton according to law, In witness whereof, I hereto set my hand ami the corporate seal of the sai~ City of~Brenerton, Washington, this 10th day of OctoBer, 1916. ~t~ ~ier~ o~ tge 0t~ o'f - Bremerton, Washington.