HomeMy WebLinkAbout5226 ORDINANCE NO. 5226
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Ordinance No 4875 by
extending the term of the franchise granted to Puget Sound Energy,
Inc, a Washington corporation, for purposes of transmission,
distribution and sale of electricity
WHEREAS, on November 19, 2003 the City Council passed Ordinance No 4875
granting Puget Sound Energy ( "PSE ") a franchise for purposes of transmission, distribution and
sale of electricity for power, heat, light and any other purpose for which electricity can be used,
said ordinance attached hereto as Exhibit A and incorporated herein by reference, and
WHEREAS, the term of the franchise expires on December 4, 2013 and the City
Council and PSE desire to extend the term of the franchise two years to November 30, 2015 and
to make corrections to certain references in the franchise, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. Amendments to Franchise Ordinance Ordinance No 4875
granting PSE a franchise for purposes of transmission, distribution and sale of electricity is
hereby amended as follows
1 Franchise Term Extended The term of the franchise as set forth in Section 9 1 of
Ordinance No 4875 is extended two years, from December 4, 2013 to November 30, 2015
provided, however, PSE shall have no rights under this franchise nor shall PSE be bound by the
terms and conditions of this franchise unless PSE shall, within sixty (60) days after the effective
date of the ordinance, file with the City its written acceptance of the ordinance
2 Corrections to References The reference to subsection 22 2 in Section 16 1 is
corrected to 23 1 and the reference to subsection 2 6 in Section 19 1 is corrected to 2 5
With the exception of the amendments set forth in this ordinance, all terms and
conditions of Ordinance No 4875 are reaffirmed and shall remain in full force and effect
SECTION2. SeverabihU If anyone or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect
SECTION 3. Effective Date This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
1
Puget Sound Energy
Franchise Extension 2013
PASSED by the City Council the � -- day of l�veb�he , 2013
GREG JELER, Council President
Approved this !� /-.*, day of �����" , 2013
PATTY LEN ayor
TEST APPROVED AS TO FORM
SHANNON CORIN, City Clerk RO ER A LUBOVICH, City A o
PUBLISHED the day of al/e!1'/ b�!-• 2013
EFFECTIVE the day of 1 2013
ORDINANCE NO
PSE Acceptance on following page
2
Puget Sound Energy
Franchise Extension 2013
CITY OF BREMERTON
KITSAP COUNTY, STATE OF WASHINGTON
In the matter of the application
of Puget Sound Energy, Inc, a Franchise Ordinance No 5226
Washington corporation, for a
franchise to construct, operate (Extension of Franchise Ordinance No 4875 Term)
and maintain facilities in, upon,
over under, along, across and
through the franchise area of the ACCEPTANCE
City of Bremerton, Washington
WHEREAS, on November 19, 2003, the City Council of the City of Bremerton,
Washington, granted a franchise to Puget Sound Energy, Inc, a Washington corporation, its
successors and assigns by passing Ordinance No 4875, and
WHEREAS, on November 6, 2013, the City Council of the City of Bremerton, passed
Ordinance No 5226 to extend the term of the existing franchise to Puget Sound Energy, Inc two
years, from December 4, 2013 to November 30, 2015, and
WHEREAS, a copy of Ordinance No 5226 was received by the Puget Sound Energy, Inc
from the City of Bremerton on , 2013
NOW, THEREFORE, Puget Sound Energy, Inc, a Washington corporation, for itself, its
successors and assigns, hereby accepts said ordinance and all the terms and conditions thereof,
and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington
IN TESTIMONY WHEREOF Puget Sound Energy, Inc has caused this written
Acceptance to be executed in its name by its undersigned thereunto duly authorized on this
day of 9 2013
PUGET SOUND ENERGY, INC. ATTEST
By By
Its Its
Copy received for City of Bremerton
on , 2013
By
Shannon Conn, City Clerk
R \Legal\l.egal\Files \Current Active Files\FranchisesTSETSE Franchise Extension 2013 docx
3
Puget Sound Energy
Franchise Extension 2013
EXHIBIT
ORDINANCE NO. 5
AN ORDINANCE granting Puget Sound Energy, Inc., a
Washington corporation, the right, privilege, authority and
franchise to set, erect, construct, support, attach, connect and
stretch Facihties between, maintain, repair, replace, enlarge,
operate and use Facilities m, upon, over, under, along, across and
through the Franchise Area for purposes of transmission,
distribution and sale of energy for power, heat, light and any other
purpose for winch energy can be used; and to charge and collect
tolls, rates and compensation for such energy and such uses.
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. DEFIMTIONS.
1 1 Where used in this franchise (the "Franchise ") the following terms shall mean:
1.1.1 "PSE" means Puget Sound Energy, Inc, a Washington corporation, and
such successors and assigns as are approved by the City pursuant to this Franchise Ordinance.
1.1.2 "City" means the City of Bremerton, a municipal corporation of the State
of Washington, and its respective successors and assigns.
1 13 "Franchise Area" means any, every and all of the roads, streets, avenues,
alleys, highways, and public nghts -of -way as now laid out, platted, dedicated or unproved, and
any, every and all roads, streets, avenues, alleys, highways and public nghts -of -way, that may
hereafter be laid out, platted, dedicated or improved within the present limits of the City and as
such limits may be hereafter extended. "Franchise area" does not, however, include any other
public property owned in whole or in part, leased or otherwise occupied by the City.
1. 1.4 "Facilities" means poles (with or without crossarms), wires, lines,
conduits, cables, communication and signal lines, braces, guys, anchors, vaults and all necessary
or convenient facihties and appurtenances thereto whether the same be located over or under
ground.
1.1.5 "Ordinance" means this Ordinance which sets forth the terms and
conditions of this Franchise.
SECTION 2. FACILITIES WITHIN FRANCHISE AREA.
2.1 Pursuant and subject to the City Charter, the City does hereby grant to PSE the
right, privilege, authority and franchise to.
1
Puget Sound Energy Franchise
EXHIBIT
2.1.1 Set, erect, construct, support, attach, connect and stretch Facilities
between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under,
along, across and through the Franchise Area for purposes of transmission, distribution and sale
of energy for power, heat, light and any other purpose for which energy can be used; and
2 1.2 To charge and collect tolls, rates and compensation for such energy and
such uses.
2.2 This Francluse does not allow PSE the nght to use the Franchise Area for any
purpose other than the transnussion, distribution and sale of electricity, or to install any facilities
in the Franclse Area other than the Facilities described herein.
2.3 PSE shall comply with all applicable federal, state and local laws (including, but
not limited to, the lawful exercise of the City's general police powers) in connection with the
exercise of its rights under this Franchise. Notwithstanding the foregoing, this Franchise shall
supersede, govern and control any ordinance, rule, plan, policy, resolution, regulation or other
directive of the City to the extent any such ordinance, rule, plan, policy, resolution, regulation or
other directive conflicts with, or is inconsistent with, the terms and conditions of this Franchise.
2.4 PSE's Facilities shall be maintained within the Franchise Area so as not to
unreasonably interfere with the use of the Franchise Area by the City and by the general public
and in accordance with the laws of the State of Washington and the City of Bremerton.
2.5 PSE shall obtain all necessary permits and approvals from the City and all other
agencies with jurisdiction and shall comply with all applicable City or state codes, rules,
regulations, standards and procedures, as now or hereafter amended, to the same extent as any
other person or entity doing business within the City, except as otherwise provided by this
Franchise.
SECTION 3. RESTORATION OF FRANCHISE AREA.
3.1 When PSE or any person acting on its behalf does any work to or affecting the
Franchise Area, it shall, at its own expense, promptly remove any obstructions therefrom and
restore, to the City's reasonable satisfaction, such Franchise Area to as good a condition or better
as existed before the work was undertaken, unless otherwise directed by the City. Recorded
survey monuments shall be restored in accordance with applicable ordinances or laws.
3.2 If weather or other conditions do not permit the complete restoration required by
this Section, PSE shall temporarily restore the Franchise Area. Such temporary restoration shall
be at PSE's sole expense and PSE shall promptly undertake and complete the required permanent
restoration when the weather or other conditions no longer prevent such permanent restoration.
3.3 PSE or other person acting in its behalf within the Franchise Area shall use
suitable barricades, flags, flag persons, lights, flares, and other measures as required by
applicable law for the safety of all members of the general public.
2
Puget Sound Energy Franchise
EXHIBIT A
3.4 The Director of Public Works and Utilities, or designee, shall be responsible for
inspection and final approval of the condition of the Franchise Area following any construction
and restoration activities therein, according to City engineering standards.
3.5 Except in the case of emergencies as determined by the City, cutting of pavement
shall be prohibited a) in a newly constructed, reconstructed or resurfaced street for a period of five
(5) years from the paving of such street, or b) in a street where a trench was previously available
due to construction or other similar activities, for a period of three (3) years from the date the
trench was available when in each mstance, PSE was given reasonable prior notice to perform
work in the Franchise Area. The City may require that PSE facilities be located within existing
underground ducts or conduits wherever the capacity exists. Provided, however, the Director of
Public Works and Utilities, or designee, may m his or her discretion permit pot - holing (subject to
conditions to alleviate the harmful effects) where conduit is to be placed underground by means of
directional boring and the person seeking permission has provided evidence satisfactory to the
Director of Public Works and Utilities, or designee, that (a) such pot -holing is necessary to avoid
interference with existing utilities; (b) such pot -holing is the only reasonable alternative available
to locate existing utilities and (c) such pot - holing will result in little or no visual or other
detrimental impact to the street.
3.6 Any and all property in the Franclse Area that is disturbed or damaged during the
construction, operation, repair or removal of any PSE Facility shall be promptly repaired by PSE.
The property must be restored to the satisfaction of the City and to a condition as good as or better
than, and for street and sidewalk cuts, to a condition as good as before the disturbance or damage
occurred.
3.7 PSE shall repair as needed all property in the Franchise Area restored as a result of
any activity pursuant to Section 3, (winch may consist of curb, gutter, sidewalk, pavement, or
other restored appurtenances), in a condition as good as or better than, the condition of the
adjacent undisturbed property in the Franchise Area to the extent such repair is required as a result
of the restored area being defective or otherwise inferior to the adjacent untouched or undisturbed
area as a result of PSE's activities in the Franchise Area.
SECTION 4. RELOCATION OF FACILITIES.
4.1 Whenever the City causes a public right of way improvement to be undertaken
within the Franchise Area, and such public right of way improvement requires the relocation of
PSE's then existing Facilities within the Franchise Area (for purposes other than those described
in paragraph 4.2 below), the City shall:
4.1.1 Provide PSE, within a reasonable time prior to the commencement of such
public right of way improvement, written notice requesting such relocation; and
4 12 Provide PSE with reasonable plans and specifications for such public right
of way improvement.
After receipt of such notice and such plans and specifications, PSE shall relocate such Facilities
within the Franchise Area at no charge to the City If the City requires the subsequent relocation
3
Puget Sound Energy Franchise
EXHIBIT
of any Facilities within five (5) years from the date of relocation of such Facilities pursuant to
this Section 4. 1, the City shall bear the entire cost of such subsequent relocation. As used in this
Section 4, the term "public right of way improvement" includes an improvement identified in the
City's six-year Transportation Improvement Program or the City's Capital Improvement Plan.
42 Whenever (i) any public or private development within the Franchise Area, other
than a public right of way improvement, requires the relocation of PSE's Facilities within the
Franchise Area to accommodate such development; or (ii) the City requires the relocation of
PSE's Facilities within the Franchise Area for the benefit of any person or entity other than the
City, then in such event, PSE shall have the right as a condition of such relocation, to require
such developer, person or entity to make payment to PSE, at a time and upon terms acceptable to
PSE, for any and all costs and expenses incurred by PSE in the relocation of Mrs Facilities.
4.3 Any condition or requirement imposed by the City upon any thud party
(including, without limitation, any condition or requirement imposed pursuant to any contract or
in conjunction with approvals or permits for zoning, land use, construction or development)
which necessitates the relocation of PSE's Facilities within the Franchise Area shall be deemed a
condition or requirement causing relocation of PSE's Facilities to occur subject to the provisions
of Subsection 4 2 above; provided, however:
4.3,1 If the City reasonably determines, and notifies PSE in writing of such
determination, that the primary purpose of imposing such condition or requirement upon such
person or entity is to cause, on the City's behalf; a public street improvement within the
Franchise Area, then relocation will be pursuant to Section 4.1 above.
4.4 Nothing in this Section 4 "Relocation of Facilities" shall require PSE to bear any
cost or expense in connection with the location or relocation of any Facilities then existing under
benefit of easement or such other private property rights.
4.5 The conversion to underground service shall be pursuant to Section 12.
SECTION 5. INDEMNIFICATION AND INSURANCE.
5.1 Indemnification.
5.1.1 PSE shall defend, indemnify, and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, demands, injuries, damages,
losses or suits, including all legal costs and attorney fees, made against it on account of injury or
damage to the person or property of another, to the extent such injury or damage results, or is
alleged to result, from the negligent or intentional acts or omissions of PSE, its officers, officials,
employees, agents and volunteers, in connection with the exercise of the rights granted to PSE in
this Franchise, including, but not limited to, the construction, inspection, maintenance, or
operation of PSE Facilities, or the placement or location of it's Facilities in the Franchise Area.
In the event any such claim or demand is presented to or filed with the City, the City shall
promptly notify PSE thereof. The City shall have the right at all times to participate through its
own attorney in any suit or action which arises out of any right, privilege or authority granted by
or exercised pursuant to this Franchise when the City determines that such participation is
4
Puget Sound Energy Franchise
EXHIBIT A
required to protect the interests of the City or the public. The cost of such additional City
participation shall be borne by the City. PSE's obligation to indemnify the City shall not apply to
any claim, demand, injury, loss or suit that is caused by or arises out of the sole negligence of the
City, its officers, officials, employees, agents and volunteers. Upon indemnification and defense
of the City, PSE shall have the right, at its election and at its sole cost and expense, to settle and
compromise such claim or demand, provided further, that in the event any suit or action be begun
against the City based upon any such claim or demand, the City shall likewise promptly notify
PSE thereof, and PSE shall have the right, at its election and sole cost and expense, to settle and
compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of
its own election.
S. 1.2 Inspection or acceptance by the City of any work performed pursuant to
this Franchise in the Franchise Area by PSE, its agents, servants, contractors, officers, or
employees, during or at the time of completion of construction shall not be grounds for
avoidance of any of these covenants of indemnification. Said indemnification obligations shall
extend to claims which are not reduced to a suit and any claims which may be compromised prior
to the culmination of any litigation or the institution of any litigation.
5.1.3 In the event that PSE refuses a tender of defense under subsection 5. 1.1
above, and said refusal is subsequently determined by a court having jurisdiction (or such other
tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the
part of the PSE, then PSE shall pay the City's reasonable attorneys' fees incurred in connection
with the wrongful refusal of such tender (in addition to, and without limitation of, such other
costs and expense as are determined by such court or tribunal as being within the scope of
subsection 5 1).
5.1.4 As to claims made pursuant to Section 5 1, such claims shall survive the
expiration or termination of this Franchise.
5.1.5 The City shall not be liable to PSE for any damage to or loss caused by the
City of any PSE Facilities within the Franchise Area as a result of or in connection with any
public works, public improvements, construction, excavating, grading, filling, or other City work
except to the extent such loss is attributable to intentional acts or omissions or the gross
negligence of the City; provided that in no event shall the City be responsible for consequential
damages, including, but not limited to, lost profits or business interruption.
5.2 Insurance.
5.2.1 PSE shall maintain for the duration of this franchise, insurance or self
insurance against claims for injuries to persons or damage to property that may arise from or in
connection with the exercise of franchise rights by PSE, its agents, representatives, employees,
contractors or volunteers. PSE shall provide and keep current a certificate of insurance
evidencing commercial general liability insurance with limits no less than $1,000,000 combined
single limit and $2,000,000 aggregate for personal injury, bodily injury and property damage.
Coverage shall include blanket contractual, products/completed operations, broad form property
damage, and explosion, collapse and underground (XCU). The City, its officials, employees,
agents and volunteers, shall be named as an additional insured, as respects work performed by or
5
Puget Sound Energy Franchise
EXHIBIT
on behalf of PSE, and a copy of the endorsement naming the City as additional insured shall be
attached to the certificate of insurance PSE's insurance shall be primary insurance as respects
the City, and the City shall be given 30 calendar days prior written notice of any cancellation,
suspension or material change in coverage.
SECTION & MOVING BUILDINGS WITHIN THE FRANCHISE AREA.
6.1 If any person or entity obtains permission from the City to use the Franchise Area
for the moving or removal of any building or other object, the City shall, prior to granting such
permission, require such person or entity to make any necessary arrangements with PSE for the
temporary adjustment of PSE's wires to accommodate the moving or removal of such building or
other object. Such necessary arrangements with PSE shall be made, to PSE's reasonable
satisfaction, not less than fourteen (14) days prior to the moving or removal of said building or
other object. In such event, PSE shall at the expense of the person or entity desiring to move or
remove such building or other object, adjust any of its wires which may obstruct the moving or
removal of such building or other object
&E- CTION 7. REVOCATION OF FRANCHISE.
7.1 This Franchise may be revoked and all rights therein forfeited by the City if PSE
shall fail to comply with the terms and conditions of this Franchise. Without limiting the
generality of the foregoing, the City may initiate a proceeding to revoke this Franchise if it
believes that any one or more of the following actions by PSE constitute a breach of this
Franchise.
7. 1.1 Construction or operation of Facilities in the Franchise Area without a
franchise, in a manner that is inconsistent with this Franchise;
7.1.2 Construction or operation of Facilities in the Franchise Area at an
unauthorized location within the Franchise Area so as to be inconsistent with this Franchise;
7.1.3 Unauthorized assignment of this Franchise by PSE, in a manner that is
inconsistent with this Franchise;
7.1.4 Material misrepresentation of fact by or on behalf of PSE upon which the
City relies in making a decision to grant, review or amend this Franchise;
7.1.5 Abandonment of Facilities in the Franchise Area, in a manner that is
inconsistent with this Franchise;
7.16 Failure to relocate Facilities in accordance with this Franchise; or
7.17 Violation of any other material provision of this Franchise.
7.2 In the event that the City believes that grounds exist for revocation of the
Franchise, PSE shall be given written notice of the apparent violation or noncompliance,
providing a short and concise statement of the nature and general facts of the violation or
6
Paget Sound Energy Franchlse
f
EXHIBIT A
noncompliance, and providing PSE a reasonable period of time not exceeding thirty (30) days to
furnish evidence:
7.2.1 That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation or noncompliance; or
7.2.2 That rebuts the alleged violation or noncompliance;
73 In the event that PSE fails to provide evidence reasonably satisfactory to the City
as provided in Subsection 7 2 above, the City shall refer the apparent violation or non-
compliance to the City Council. The City Council shall provide PSE with notice and a reasonable
opportunity to be heard concerning the matter.
7.4 If the City Council determines that PSE willfully violated or failed to comply with
the terms and conditions of this Franchise through willful misconduct or gross negligence or
failed to heed or comply with any notice given PSE by the City under the provisions of this
Franchise, then upon order of the City Council, this Franchise may be revoked and all rights
therein forfeited.
7.5 The foregoing provisions of subsections 7.1 through 7.4 (pertaining to certain
remedies afforded the City in the event of a breach of this Franchise by PSE) are in addition to,
and not a limitation of, any and all right and remedies afforded a party in the event of a default by
the other party. Without limiting the generality of the foregoing, if a party shall be in default of
its obligations under this Franchise, the other party may secure an order of specific enforcement
of the defaulting party's obligations under this Franchise from the Superior Court.
SECTION & NONEXCLUSIVE FRANCHISE.
81 This Franchise is not and shall not be deemed to be an exclusive Franchise. This
Franchise shall not in any manner prohibit the City from granting other and further franchises
over, upon, and along the Franchise Area which do not interfere with PSE's rights under this
Franchise This Franchise shall not prohibit or prevent the City from using the Franchise Area or
affect the jurisdiction of the City over the same or any part thereof.
SECTION 9 FRANCHISE TERM.
91 This Franchise is and shall remain in full force and effect for a period of ten (10)
years from and after the effective date of the Ordinance, provided, however, PSE shall have no
rights under this Franchise nor shall PSE be bound by the terms and conditions of this Franchise
unless PSE shall, within sixty (60) days after the effective date of the Ordinance, file with the City
its written acceptance of the Ordinance.
SEMON 10. ASSIGNMENT.
10.1 This Franchise may not, directly or indirectly, be transferred, assigned or disposed
of in any manner by PSE except as provided by RCW 80. 12.020 (collectively, "Assignment ")
7
Puget Sound Energy Franchise
EXHIBIT
10.2 Without lnnit rig the generality of the foregoing and to the extent consistent with
applicable law, an assignment, in whole or in part, shall be subject to the City's prior written
consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, the City
hereby consents to PSE's mortgage of this Franchise to the trustee for its bondholders.
SECTION I.I. HERBICIDES.
11.1 PSE shall not apply any herbicide within the Franchise Area without providing the
City fourteen (14) days prior written notice of such application, unless the parties agree to a
different term, or the City gives a blanket approval as part of a periodic program of spraying.
PSE shall post the relevant portion of the Franchise Area at least 8 days prior to any spraying
with notice of intended spraying. Nothing herein is intended or shall be construed to relieve PSE
of any and all other requirements of applicable law relating to the application of herbicides
SECTION 12. UNDERGROUND AND NEW INSTALLATION OF
DISTRIBUTION FACILITIES.
12.1 The City may by written notice to PSE, request PSE to underground its existing
distribution Facilities (of 15,000 volts or less) within the Franchise Area improved by the City;
provided, that such conversion of PSE's existing Facilities shall be accomplished in accordance
with PSE's applicable schedules and tariffs on file with the Washington Utilities and
Transportation Commission or its successor, more specifically as applicable, UTC Tanff G,
Schedule 74 as enacted and hereinafter amended.
12.2 If PSE elects to install new overhead distribution Facilities (of 15,000 volts or
less) within the Franchise Area or a new extension of existing overhead distribution Facilities
within the Franchise Area, PSE will provide written notice to the City. The City may by written
notice to PSE, request PSE to install such Facilities underground within the Franchise Area,
provided, that such installation underground of PSE's Facilities shall be accomplished in
accordance with PSE's applicable schedules and tariffs on file with the Washington Utilities and
Transportation Commission or its successor, more specifically as applicable, PSE Electric Tariff
G, Schedule 74 as enacted and hereinafter amended
12.3 PSE shall submit design drawings of all underground installations showing the
location of all existing utilities using best available information with proposed clearances within
the right of way to the City Engineer for City review. Upon completion of construction of such
underground installation, PSE shall, within thirty (30) days, submit as -built drawings to the City
Engineer for City records.
SECTION 13. RIGHT OF CITY TO USE PSE'S POLES.
13.1 During the term of this Franchise, the City may, subject to PSE's prior written
consent which shall not be unreasonably withheld, install and maintain City-owned overhead
wires for traffic signalization and non - commercial City communication systems (including, but
not limited to, data, phone and video) and may install and maintain City -owned street lights upon
PSE's poles located within the Franchise Area without charge. The foregoing rights of the City
to install and maintain such wires, and street lights are further subject to the following:
8
Puget Sound Energy Franchise
EXHIBIT A
13. 1.1 The City shall perform such installation and maintenance at its sole risk
and expense in accordance with all applicable laws and in accordance with such reasonable terms
and conditions as PSE may specify
SECTION 14. RECORDS OF INSTALLATION.
141. PSE shall provide the City, upon the City's reasonable request, copies of available
drawings in use by PSE showing the location of its Facilities within the Franchise Area. As to
any such drawings so provided, PSE does not warrant the accuracy thereof and, to the extent the
location of Facilities are shown, such Facilities are shown in their approximate location. With
respect to any excavations within the Franchise Area undertaken by or on behalf of PSE or the
City, nothing herein is intended (nor shall be construed) to relieve either party of their respective
obligations ansing under applicable law with respect to determining the location of utility
facilities.
SECTION 15. STREET LIGHTING.
151 PSE shall provide street lighting services as requested by the City in accordance
with applicable schedules and tariffs now on file or hereafter amended with the Washington
Utilities and Transportation Commission (or such other regulatory agency having jurisdiction).
Additionally, PSE shall provide proper maintenance and prompt customer service to the City with
respect to the providing of street lighting service to the City.
15.2 The City reserves the right to install and maintain street lights on PSE poles
pursuant to Section 13. No reasonable request by the City for City installation of City-owned
street lights will be denied by PSE.
15.3 The City reserves the right to purchase any and all street light systems on PSE
poles for market value to be negotiated by the parties
15.4 By March 1 of each year, PSE shall provide to the City a current inventory of all
street lighting fixtures showing all additions and deletions together with updated utility maps
showing the location of each PSE -owned street light for which the City is responsible for
payment.
SECTION 16. FRANCHISE FEE.
161 The parties understand that the restrictions of RCW 35.21.860 forbid the
imposition of a franchise fee. If at any time the restrictions of this statute should be removed or
modified, the City may seek to amend this Franchise in accordance with Subsection 22.2 below.
SECTION 17. CHARGE FOR ADMINISTRATIVE COSTS.
17.1 As provided in RCW 35.21.860, the City may recover from PSE actual
administrative expenses incurred by the City that are directly related to: (i) receiving and
9
Puget Sound Energy Franchise
EXHIBIT A
approving a permit, license or this Franchise, (ii) inspecting plans and construction, or (iii)
preparing a detailed statement pursuant to Chapter 43.21C RCW.
SECTION 18. RIGHTS GRANTED.
18.1 No authorization granted under this Ordinance shall convey any right, title or
interest in the public ways, but shall be deemed an authorization only to use and occupy the
public ways in accordance with RCW 80.32.010 Further, tins Ordinance shall not be construed
as any warranty of title.
SECTION 19. REPAIR AND EMERGENCY WORK.
19.1 In the event of an unexpected repair or emergency within the Franchise Area for
which a permit has not been obtained in accordance with Bremerton Mumcipal Code (BMC) as
now or hereafter amended and which such work is not otherwise within the scope of the
exemption authorized by the BMC, PSE may commence such repair and emergency response
work as required under the circumstances, provided PSE shall notify the City as promptly as
possible, before such repair or emergency work commences or as soon thereafter as possible if
advance notice is not practicable The provisions of this section do not relieve PSE from the
requirement to obtain permits and approvals from the City and all other agencies with
jurisdiction as set forth is Section 2.6.
SECTION 20. MAINTENANCE OF FACILITIES.
20.1 PSE shall maintain its Facilities within the Franchise Area in a manner that
complies with all applicable federal, state and local requirements. Additionally, PSE shall
provide reasonable maintenance of PSE Facilities, including poles, to prevent deterioration of
equipment and service and provide prompt customer response to both the City and the public
with respect to deficiencies or failure of Facilities in providing such service.
20 2 Nuisance poles and other Facilities shall be defined, identified and further shall be
removed, replaced, relocated or otherwise remedied pursuant to BMC 11.02.270 as currently
enacted and as hereinafter amended.
20.3 Replacement of PSE Facilities shall not constitute a requirement that the City
upgrade its existing attached equipment or facilities provided transfer of such existing equipment
or facilities may be reasonably accommodated on PSE's new Facility.
SECTION 21. SHARED USE OF EXCAVATIONS.
21.1 Shared use of excavations shall be pursuant to BMC 11.02.170 as currently
enacted or as hereinafter amended.
10
Puget Sound Energy Franchise
EXHIBIT
SECTION22. HEADINGS.
22.1 The headings of sections and paragraphs of this Franchise are for convenience of
reference only and are not intended to restrict, affect or be of any weight in the interpretation or
construction of the provisions of such sections or paragraphs.
SECTION23. AMENDMENTS.
23.1 Except as provided in this paragraph 23.1, this Franchise may be amended only by
written instrument, signed by both parties, which specifically states that it is an amendment to
this Franchise and is approved and executed in accordance with the laws of the State of
Washington Without limiting the generality of the foregoing, this Franchise (including, without
Imitation, Section 5.1 above) shall govern and supersede and shall not be changed, modified,
deleted, added to, supplemented or otherwise amended by any permit, approval, license,
agreement or other document required by or obtained from the City in conjunction with the
exercise (or failure to exercise) by PSE of any and all rights, benefits, privileges, obligations or
duties in and under this Franchise, unless such permit, approval, license, agreement or other
document specifically.
23. 1.1 references this Franchise; and
23.1.2 states that it supersedes this Franchise to the extent it contains terms and
conditions which change, modify, delete, add to, supplement or otherwise amend the terms and
conditions of this Franchise.
In the event of any conflict or inconsistency between the provisions of this Franchise and the
provisions of any such permit, approval, license, agreement or other document, the provisions of
this Franchise shall control.
SECTION 24. TARIFFS.
24.1 This Franchise is subject to the provisions of any applicable tariff now or
hereafter on file with the Washington Utilities and Transportation Commission or its successor,
as construed by any court with jurisdiction on appeal or otherwise. In the event of any conflict or
inconsistency between the provisions of this Franchise and such tariff, the provisions of such
tariff shall control
24. 1.1 All notices of proposed applicable tariff adjustments, changes, alterations,
and additions filed with the Washington Utilities and Transportation Commission by PSE shall
be mailed concurrently to the City of Bremerton, to the attention of the Director of Public Works
and Utilities.
SECTION25. PRIOR FRANCHISE SUPERCEDED.
25.1 This Franchise shall supersede all prior franchises granted to PSE or its
predecessors by the City.
11
Puget Sound Energy Franchise
EXHIBIT
SECTION 26. SEVERABILTTY.
26.1 If any one or more sections, subsections, or sentences of this Ordinance are held to
be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion
of this Ordinance and the same shall remain in full force and effect
SECTION 27. EFFECTIVE DATE.
27.1 This ordinance shall take effect and be in force ten (10) days from and after its
passage, approval and publication as provided by law.
APPROVED by the City Council the day of , 2003
PASSED by the City Council the day of 2003
ea"
CAROL ARENDS, Council President
Approved this 2 day of N0 0 -,MVIT — 2003
CARY BOZE , Mayor
ATTEST: APPROVED AS TO FORM.
THLEE S XEY, Vrty S#k R GER A LUBOVICH, Ci :!A
PUBLISHED theme,_ day of eJ , 2003
EFFECTIVE the day of 2003
ORDINANCE NO.
12
Puget Sound Energy Franchise
EXHIBIT
CITY COUNCIL
CITY OF BREMERTON, WASHINGTON
In the matter of the application
of Puget Sound Energy, Inc., a Franchise Ordinance No. 4875
Washington corporation, for a
franchise to construct, operate
and maintain facilities in, upon,
over under, along, across and
through the franchise area of the ACCEPTANCE
City of Bremerton,
Washington
WHEREAS, the City Council of the City of Bremerton, Washington, has granted a
franchise to Puget Sound Energy, Inc., a Washington corporation, its successors and assigns, by
enacting Ordinance No. 4875, bearing the date of November 19, 2003; and
WHEREAS, a copy of said Ordinance granting said franchise was received by the Puget
Sound Energy, Inc. on , 2003, from said City of Bremerton, Kitsap
County, Washington.
NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its
successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof,
and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington.
IN TESTIMONY WHEREOF said Puget Sound Energy, Inc. has caused this written
Acceptance to be executed in its name by its undersigned
2003. thereunto duly authorized on this day of
ATTEST: PUGET SOUND ENERGY, INC.
By:
Its:
Copy received for City of Bremerton
on , 2003
By:
Kathleen McCluskey, City Clerk
RILEGAMOrdi m mTSE Frwchml DOC
13
Paged Sound Energy Franchise
EXHIBIT
AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No 100083520
I. Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all tins
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
THE SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of
the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually
as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time,
was printed in an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of a legal advertisement as it was published in regular issues (and not in
supplement form) of said newspaper on the following dates, to wit. November 25, 2003 and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum of $44.44 amount has not been paid in full
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of December 1, 2003 "OWN aLq
• 1\10T.�
�, � LIC ••
F
Notary Public in and for the State of Washington, Kitsap County O,� .88 8
WASHRA
ORDINANCE NO. 4875'
AN ORDINANCE granting Puget Sound Energy, Inc., a Washington corporation, the right, privilege,
authority and franchise to set, erect, construct, support, attach, connect and stretch Facilities between,
maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and
through the Franchise Area for purposed of transmission, distribution and sale of energy for power, heat,
light and any other purpose for which energy can be used; and to charge and collect tolls, rates and
compensation for such energy and such used. -
APPROVED by the City Council the 12th day of November, 2003'
PASSED by the City Council the 19th day of November, 2003'
The full text of this ordinance is available from the City CIerk's Office, 239 Fourth Street, Bremerton,
WA 98337:
November 25, 2003• • #100083520r
EXHIBIT A S E P AN �1��
.
Office of the City Attorney
Roger A. Lubovich, City Attomey Tel 360- 473.2345
Fax 360473 -5161
239 4th Street
Bremerton, WA 98337
February 18, 2005
Linda Streissguth
Puget Sound Energy
22884 Ryen Drive NW
Poulsbo, WA 98370
RE- Franchise Agreement
Dear Linda-
It has been brought to my attention that the franchise agreement granted to PSE has two
scrivener errors
The first error is contained in "Section 16 Franchise Fee." The reference to "Subsection
22.2 below" should be changed to "Subsection 23 1 below "
The second error is contained in "Section 19 Repair and Emergency Work." The
reference to "Section 2.6" should be changed to "Section 2.5."
You and I previously discussed acknowledging the corrections without a formal
amendment of the Franchise since the errors are typographical and not substantive in
nature. If you agree, please sign below and return this letter to me for inclusion in the
City's Franchise file.
oger A. Lu tch nda Streissguth
City Attorney
RAL.tvs
' EXHIBIT
CITY COUNCIL
CITY OF BREMERTON, WASHINGTON
In the matter of the application
of Puget Sound Energy, Inc., a Franchise Ordinance No. 4875
Washington corporation, for a
franchise to construct, operate
and maintain facilities in, upon,
over under, along, across and
through the franchise area of the ACCEPTANCE
City of Bremerton,
Washington ;
WHEREAS, the City Council of the City of Bremerton, Washington, has granted a
franchise to Puget Sound Energy, Inc., a Washington corporation, its successors and assigns, by
enacting Ordinance No. 4875, bearing the date of November 19,2003; and
WHEREAS, a copy of said Ordinance granting said franchise was received by the Puget
Sound Energy, Inc. on ' bCG i Z -} �- , 2003, from said City of Bremerton, Kitsap
County, Washington
NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its
successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof,
and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington.
IN TESTIMONY WHEREOF said Puget Sound Energy, Inc. has caused this written
Acceptance to be executed in its name by its undersigned
ma9 t— L, thereunto duly authorized on this f lay of
ce rn be K— 2003.
ATTEST: PUGET SOUND ENERGY, INC.
By: Attest:
Icy
Its: � e e rr c,� Seca.cc�
Copy ceived for City of Bremerton
on 2003
By:
een Mc l ey, City Clerk
PLUEGAWWWAcOME FinachimI DW
13
Peeget Sowed Energy Franchise
CITY OF BREMERTON
KITSAP COUNTY, STATE OF WASHINGTON
In the matter of the application
of Puget Sound Energy, Inc, a Franchise Ordinance No 5226
Washington corporation, for a
franchise to construct, operate (Extension of Franchise Ordinance No 4875 Term)
and maintain facilities in, upon,
over under, along, across and
through the franchise area of the ACCEPTANCE
City of Bremerton, Washington
WHEREAS, on November 19, 2003, the City Council of the City of Bremerton,
Washington, granted a franchise to Puget Sound Energy, Inc, a Washington corporation, its
successors and assigns by passing Ordinance No 4875, and
WHEREAS, on November 6, 2013, the City Council of the City of Bremerton, passed
Ordinance No 5226 to extend the term of the existing franchise to Puget Sound Energy, Inc two
years, from December 4, 2013 to November 30, 2015, and
WHEREAS, a copy of Ordinance No 5226 was received by the Puget Sound Energy, Inc
from the City of Bremerton on �10 Wk%kr yrs 5 2013
NOW, THEREFORE, Puget Sound Energy, Inc, a Washington corporation, for itself, its
successors and assigns, hereby accepts said ordinance and all the terms and conditions thereof,
and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington
IN TESTIMONY WHEREOF Puget Sound Energy, Inc has caused this written
Acceptance to be executed in its name by its undersigned thereunto duly authorized on this
\ � day of Ap,,,\s&-r , 2013
PUGET SOUND ENERGY, INC. ATTEST
BY �By
Its j,�{Q is 0
Copy rec �ved for City of Bremerton
on ESN 013
By �Jop -
Shannon Conn, City
R \Lega1 \Lep1\Files \Current Active Files\FranchisesTSETSE Franctuse Extension 2013 docx
3
Puget Sound Energy
Franchise Extension 2013
AFFIDAVIT OF PUBLICATION
Account #42742 AD #20137603
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christine Kendrick, being first duly sworn on oath, deposes and says That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper, that the following is a true text of an advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit
And on Nov 11, 2013 such newspaper was regularly distributed to its subscribers during all of said period
The full amount of the fee charged for the foregoing publication is the sum of $39 00 This amount has not
been paid in full
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of November 13, 2013
C z
Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS
Notary Public
State of Washington
My Commission Expires
February 04, 2014
ORDINANCE NO 5226
1
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No
4875 by extending the term of the franchise granted to Puget Sound Energy, Inc a Washington corporation,
for purposes of transaussion, distribution, and sale of electricity
PASSED by the City Council on the 6th day of November, 2013
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337
November 11, 2013
AD# 20137603
I
I
i