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HomeMy WebLinkAbout5271 ORDINANCE NO. 5271 AN ORDINANCE granting Cascade Natural Gas Corporation, a Washington corporation, its successors and assigns, the right, privilege, authority and franchise to set, erect, lay, construct, extend, support, attach, connect, maintain, repair, replace, enlarge, operate and use facilities in, upon, over, under, along, across and through the franchise area to provide for the transmission, distribution and sale of natural gas. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. 1.1 Where used in this Franchise (the "Franchise")the following terms shall mean: 1.1.1 "Cascade" means Cascade Natural Gas Corporation, 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. 1.1.3 "Facilities" means a system of mains, pipes, and the necessary attachments and appurtenances for the storage, conveyance, distribution and sale of gas, whether the same be located over or under ground. 1.1.4 "Franchise"means the grant of rights, privileges, authority, terms, and conditions embodied in this Ordinance. 1.1.5 "Franchise Area" means any, every and all right-of-way for public roads, streets, avenues, alleys, highways and other roadways dedicated as a public right-of- way of the City as now laid out, platted, dedicated or improved or 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. For the purpose of this definition, right-of-way includes property owned by the City in fee that is dedicated as a right-of-way and used for public roads and other public ways of the City. "Franchise area"does not, however, include any other public property owned in whole or in part, leased or otherwise occupied by the City. 1.1.6 "Ordinance" means this Ordinance which sets forth the terms and conditions of this Franchise. 1 Cascade Natural Gas Franchise SECTION 2. FRANCHISE AND ORDINANCE NOT TO CONFLICT WITH TARIFFS. 2.1 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. 2.2 All notices of proposed applicable tariff adjustments, changes, alterations, and additions filed with the Washington Utilities and Transportation Commission by Cascade shall be mailed concurrently to the City of Bremerton, to the attention of the Director of Public Works and Utilities. SECTION 3. FRANCHISE GRANTED -FACILITIES. 3.1 Pursuant and subject to the City Charter, the City does hereby grant to Cascade the right, privilege, authority and Franchise to: 3.1.1 Set, lay, construct, support, attach, connect, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of a system of mains,pipes, necessary attachments and appurtenances for the purpose of storage conveyance, distribution and sale of gas for light, fuel, power, heat and other purposes for which gas can be used. 3.1.2 To charge and collect tolls, rates and compensation for such energy and such uses. 3.2 Existing facilities installed or maintained by Cascade on public grounds and places as of the effective date of this Franchise which are not within the Franchise Area as defined by this Franchise may be maintained, repaired and operated by Cascade for the term of this Franchise; provided, however,that no such Facilities may be enlarged, improved or expanded without prior review and written approval by the City pursuant to applicable ordinances, codes, resolutions, standards and procedures. 3.3 This Franchise does not allow Cascade or any third party the right to use the Franchise Area for any purpose other than the transmission, distribution and sale of gas, or to install any facilities in the Franchise Area other than the Facilities described herein. 3.4 Cascade 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. 3.5 Cascade's Facilities shall be maintained within the Franchise Area so as not to 2 Cascade Natural Gas Franchise 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. 3.6 Cascade shall obtain all necessary permits and approvals and shall comply with all applicable City ordinances, fees, codes, resolutions, 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 4. RESTORATION OF FRANCHISE AREA. 4.1 When Cascade or any person acting on its behalf, does any work in or affecting the Franchise Area or does any work authorized by the City affecting other rights-of way or City property ("City Property") in conjunction with work in 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 or City Property to as good or better condition as existed before the work was undertaken, unless otherwise directed by the City. Recorded survey monuments which have been destroyed or disturbed shall be restored in accordance with applicable ordinances or laws. 4.2 If weather or other conditions do not permit the complete restoration required by this section, Cascade shall temporarily restore the Franchise Area or City Property. Such temporary restoration shall be at Cascade's sole expense and Cascade shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 4.3 Cascade or other persons acting in its behalf within the Franchise Area or City Property shall use suitable barricades, flags, flag persons, lights, flares, and other measures as required by applicable law for the safety of all pedestrians, motorists, or other members of the general public. 4.4 The City Director of Public Works and Utilities, or designee, shall be responsible for inspection and final approval of the condition of the Franchise Area or City Property following any construction and restoration activities therein, according to City engineering standards. 4.5 Except in the case of emergencies, as determined by the City,cutting of pavement shall be prohibited in a newly constructed, reconstructed or resurfaced street for a period of five (5)years from the paving of such street when Cascade was given reasonable prior notice of such construction, reconstruction,or resurfacing activity. Provided,however, the Director of Public Works and Utilities, or designee, may in 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 Cascade Natural Gas Franchise 4.6 Any and all property in the Franchise Area that is disturbed or damaged during the construction, operation, repair or removal of any Cascade facility shall be promptly repaired by Cascade. The property must be restored to the satisfaction of the City and to a condition as good as or better than it existed before the disturbance or damage occurred. SECTION 5. RELOCATION OF FACILITIES. 5.1 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 Cascade's then existing Facilities within the Franchise Area(for purposes other than those described in paragraph 5.2 below), the City shall: 5.1.1 Provide Cascade, within a reasonable time prior to the commencement of such public right of way improvement, written notice requesting such relocation; and 5.1.2 Provide Cascade with reasonable plans and specifications for such public right of way improvement. After receipt of such notice and such plans and specifications, Cascade shall relocate such Facilities within the Franchise Area at no charge to the City. If the City requires the subsequent relocation of any Facilities within five (5)years from the date of relocation of such Facilities pursuant to this Section 5.1, the City shall bear the entire cost of such subsequent relocation. As used in this Section 5,the term "public right of way improvement" is a City-funded or sponsored capital project or major maintenance project. 5.2 Whenever(i) any public or private development within the Franchise Area, other than a public right of way improvement, requires the relocation of Cascade's Facilities within the Franchise Area to accommodate such development; or(ii)the City requires the relocation of Cascade's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, Cascade shall have the right as a condition of such relocation,to require such developer, person or entity to make payment to Cascade, at a time and upon terms acceptable to Cascade, for any and all costs and expenses incurred by Cascade in the relocation of Cascade's Facilities. 5.3 Any condition or requirement imposed by the City upon any third 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 Cascade's Facilities within the Franchise Area shall be a condition or requirement causing relocation of Cascade's Facilities to occur subject to the provisions of Subsection 5.2 above; provided, however: If the City reasonably determines, and notifies Cascade 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 capital improvement within the Franchise Area,then relocation will be pursuant to Section 5.1 above. 4 Cascade Natural Gas Franc/rise 5.4 Nothing in this Section 5 "Relocation of Facilities" shall require Cascade 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. SECTION 6. INDEMNIFICATION AND INSURANCE. 6.1 Indemnification 6.1.1 Cascade 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 Cascade, its officers, officials, employees, agents and volunteers, in connection with the exercise of the rights granted to Cascade in this Franchise, including, but not limited to, the construction, inspection, maintenance, or operation of Cascade Facilities, or the placement or location of its 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 Cascade 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 required to protect the interests of the City or the public. The cost of such additional City participation shall be borne by the City. Cascade'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. 6.1.2 Inspection or acceptance by the City of any work performed pursuant to this Franchise in the Franchise Area by Cascade, 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. 6.1.3 In the event that Cascade refuses a tender of defense under Subsection 6.1.1 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 Cascade, then Cascade 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 6.1.1). 6.1.4 As to claims made pursuant to Section 6, such claims shall survive the expiration or termination of this Franchise. 6.1.5 The City shall not be liable to Cascade for any damage to or loss caused by the City of any Cascade Facilities within the Franchise Area or any facilities of any other entity authorized to be placed upon City property or within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavating, grading, 5 Cascade Natural Gas Franchise filling, or other City work except to the extent such loss is attributable to intentional, or malicious, acts or omissions of the City. 6.2 Insurance 6.2.1 Cascade 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 Cascade, its agents, representatives, employees, contractors or volunteers. Cascade shall provide and keep current a certificate of insurance evidencing: A. Automobile Liability insurance with limits no less than $2,000,000 Combined Single Limit per occurrence for bodily injury and property damage; and B. Commercial general liability insurance with limits no less than $2,000,000 combined single limit and$4,000,000 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 on behalf of Cascade, and a copy of the endorsement naming the City as additional insured shall be attached to the certificate of insurance. Cascade's insurance shall be primary and non-contributory 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 7. REVOCATION OF FRANCHISE. 7.1 This Franchise may be revoked and all rights therein forfeited by the City if Cascade 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 Cascade 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 Cascade, in a manner that is inconsistent with this Franchise; 7.1.4 Material misrepresentation of fact by or on behalf of Cascade upon which the City relies in making a decision to grant, review or amend this Franchise; 6 Cascade Natural Gas Franchise 7.1.5 Abandonment of Facilities in the Franchise Area, in a manner that is inconsistent with this Franchise; 7.1.6 Failure to relocate Facilities in accordance with this Franchise; or 7.1.7 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, Cascade 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 noncompliance, and providing Cascade a reasonable period of time not exceeding thirty (30) days to furnish evidence: 7.2.1 That convective 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; 7.3 In the event that Cascade 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 Cascade with notice and a reasonable opportunity to be heard concerning the matter. 7.4 If the City Council determines that Cascade 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 Cascade 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 Cascade) 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 8. NONEXCLUSIVE FRANCHISE. 8.1 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 Cascade'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. 7 Cascade Natural Gas Franchise SECTION 9. FRANCHISE TERM. 9.1 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, Cascade shall have no rights under this Franchise nor shall Cascade be bound by the terms and conditions of this Franchise unless Cascade shall, within sixty(60) days after the effective date of the Ordinance, file with the City its written acceptance of the Ordinance. SECTION 10. ASSIGNMENT. 1.0.1 This Franchise may not, directly or indirectly,be transferred, assigned or disposed of in any manner by Cascade except as provided by RCW 80.12.020 (collectively, "Assignment") 10.2 Without limiting 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 Cascade's mortgage of this Franchise to the trustee for its bondholders. SECTION 11. HERBICIDES. 11.1 Cascade shall not apply any herbicide within the Franchise Area without providing the Director of the City Department of Public Works and Utilities 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. Cascade 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 Cascade of any and all other requirements of applicable law relating to the application of herbicides. SECTION 12. RECORDS OF INSTALLATION. 12.1. Cascade shall provide the City with records of all Cascade facilities within the Franchise area in a standard geographic information system (GIS) format. All updates of the GIS shall be submitted to the City Public Works and Utilities Department by the first day of March each year. 12.2 Cascade shall provide the City, upon the City's reasonable request, copies of available as-built drawings in use by Cascade showing the location of its Facilities within the Franchise Area. As to any such drawings so provided,Cascade 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 Cascade or the City, nothing herein is intended (nor shall be construed)to relieve either party of their respective obligations arising under applicable law with respect to determining the location of utility facilities. 8 Cascade Natural Gas Franchise SECTION 13. FRANCHISE FEE. 13.1 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 18.2 below. SECTION 14. CHARGE FOR ADMINISTRATIVE COSTS. 14.1 As provided in RCW 35.21.860,the City may recover from Cascade actual administrative expenses incurred by the City that are directly related to: (i) receiving and approving a permit, license or this Franchise, (ii) inspecting plans and construction, or(iii) preparing a detailed statement pursuant to Chapter 43.21 C RC W. SECTION 15. RIGHTS GRANTED. 15.1 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, this Ordinance shall not be construed as any warranty of title. SECTION 16. REPAIR AND EMERGENCY WORK. 16.1 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 Municipal Code (BMC) as now or hereafter amended and which such work is not otherwise within the scope of the exemption authorized by the BMC, Cascade may commence such repair and emergency response work as required under the circumstances, provided Cascade 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 does not relieve Cascade from the requirement to obtain permits and approvals from the City and all other'agencies with jurisdiction. SECTION 17. MAINTENANCE OF FACILITIES. 17.1 Cascade shall maintain its Facilities within the Franchise Area in a manner that complies with all applicable federal, state and local requirements. Additionally, Cascade shall provide reasonable maintenance of Cascade Facilities, 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. SECTION 18. MISCELLANEOUS. 18.1 If any term, provision, condition or portion of this Franchise shall be held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Franchise which shall continue in full force and effect. 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. 9 Cascade Natural Gas Franchise 18.2 Except as provided in this Subsection 18.2, 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 limitation, Section 6.1 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 Cascade 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: 18.2.1 References this Franchise; and 18.2.2 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 19. PRIOR FRANCHISE SUPERCEDED. 19.1 This Franchise shall supercede all prior Franchises granted to Cascade or its predecessors by the City. SECTION 20. SEVERABILITY. 20.1 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 21. EFFECTIVE DATE. 21.1 This ordinance shall take effect and be in force ten(10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the `d day of /y IMG Ikj , 2015 1,L w.Ls, GREG 7ELER, Council President 10 Cascade Natural Gas Franchise Approved this day of 111A444H , 2015 5-0 PATTY L ayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk 4RE;RiiAiLUBOVICH, Ci Attorney PUBLISHED the �h day of ml,111 12015 EFFECTIVE the day of YI� 92015 ORDINANCE NO. R.\Legal\Legal\Files\Current Activc Files\Franchises\Cascade Natural Gas\Cascade Natural Gas3 2015-Final.doc 11 Cascade Natural Gas Franchise CITY COUNCIL CITY OF BREMERTON, WASHINGTON In the matter of the application 27 of Cascade Natural Gas Corporation, : Franchise Ordinance No. a 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 Cascade Natural Gas Corporation, a Washington corporation its successors and assigns, by enacting Ordinance No.4�M, bearing the date of Md i2lit /9 , 2015; and WHEREAS, a copy of said Ordinailce granting said Franchise was received by the Cascade Natural Gas Corporation on ,Q. 7 2015, from said City of Bremerton, Kitsap County, Washington. NOW, THEREFORE, Cascade Natural Gas Corporation, 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 Cascade Natural Gas Corporation has caused this writtenAcc 7tance to be executed in its name by its undersigned V/7e O o,�5 thereunto duly authorized on this lliv—day of , 2015. ATTEST: CASCADE NATURAL GAS CORPORATION By�artuscelli, Vi tPresident- Operations Copy received for City of Bremerton on , 2015 1 B Shannon UColrin, City Cler 12 Cascade Natural Gas Franchise AFFIDAVIT OF PUBLICATION Account#42742 AD#201461 14 STATE OF WASHINGTON COUNTY OF KITSAP I,Teresa Hull,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 March 25,2015 such newspaper was regularly distributed to its subscribers during all of said period.The full amoFM'y'Appointameont c blication is the sum of$44.12.This amount has not been paid Notary Public Stte f Washington TISHA SULLIVAN Expires Aug 4,2018 (Signature of Principal Clerk) Subscribed and sworn to before me this day of March 31,2015. ORDINANCE NO.5271 AN ORDINANCE granting Cascade Natural Gas Corporation,a Washington corporation,its successors and assigns,the right,privilege,authority and franchise to set,erect,lay,construct,extend, support,attach, connect, maintain,repair,replace,enlarge,operate and use facilities in, upon,over,under,along,across and through the franchise area to provide transmission,distribution and sale of natural gas. PASSED by the City Council on the 18th day of March,2015. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600, Bremerton,WA 98337. MARCH 25, 2015 AD#20146114