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PUGET SOUND ENERGY (WAS PUGET SOUND POWER
ENERGY - TRANSMISSION/DISTRIBUTION/SALE -
ADMIN SVCS
FRN
& LIGHT)
#4875
Insurance
Type Amount
GL $2000000.00
Amount
Begin Date
End Date
Review Date
11/30/1989
11/04/2013
02/15/2005 =r
+
+
Insurance Total
Insurance Review Date
$2000000.00
+
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FILE CLASSIFICATION CHANGED
LEG 16-5 FRANCHISES 1AC/6AC (POSSIBLE ARCHIVE VALUE)
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CHANGE
Contract Number
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3368
+vendor Name
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'-Status Code
PUGET SOUND ENERGY (WAS PUGET SOUND POWER & LIGHT)
ENERGY - TRANSMISSION/DISTRIBUTION/SALE - #4875
ADMIN SVCS
FRN
,
,J.,
'r'
.1.
Insurance
Type Amount
GL $2000000.00
Amount
Begin Date
End Date
Review Date
11/30/1989
11/04/2013
11/01/2012 'r'
,.
'r'
,J.,
Insurance Total $2000000.00
Insurance Review Date
,I,
Comments
BOND #6241717 $25000 2/04 SELF INSURED - LTR ON FILE
FRANCHISE ORDINANCE #4875 EFF 11/05/03
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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 '12>eZa i 2- -*~- ,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
ff~ ~g-~ ]~ vo g'V~t ~ thereunto duly authorized on this I-Z--'r~day of
~l-~ce m bE ~ ,2003.
ATTEST: PUGET SOUND ENERGY, INC.
Copy r. eceived for City of B~remerton
on I~ ,/d .2003
Kat~e;~ McCl~e~: C-it~-Cl~rk- y 'y
R:kLEGAL\Ordinances~SE Franchisel.DOC
13
Puget Sound Energy Franchise
O IN CE NO. 75
AN ORDINANCE granting Puget Sound Energy, Inc., a
Washington corporation, the right, privilege, authority and
fi'anchise to set, erect, construct, support, attach, connect apd
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 to charge and collect
toils, rates and compensation for such energy and such uses.
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION L DEFINITIONS.
1. I 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 ofBremerton, a municipal corporation of the State
of Washington, and its respective successors and assigns.
1.1.3 "Franchise Area" means any, every and all of the roads, streets, avenues,
alleys, highways, and public rights-of-way as now laid out, platted, dedicated or improved; and
any, every and all roads, streets, avenues, alleys, highways and public rights-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 facilities 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.
SECTION2. FACILITIES WITItIN 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
2.1. l 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 Franchise does not allow PSE the fight to use the Franchise Area for any
purpose other than the transmission, distribution and sale of electricity, or to install any facilities
in the Franchise 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
tmreasonably 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 in 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.
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Puget Sound Energy Franchise
3.4 The Director of Public Works and Utilities, or designee, shall be responsible for
inspection and fmal 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 instance, 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 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.
3.6 Any and all property in the Franchise 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, (which 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.
SECTION4. 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
4.1.2 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
of any Facilities within five (5) years fi.om 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 fight of way improvement" includes an improvement identified in the
City's six-year Transportation Improvement Program or the City's Capital Improvement Plan.
4.2 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 PSE's Facilities.
4.3 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 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 fi.om 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, fi.om 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 attomey 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
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 fight, 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.
5.1.2 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 ofindemuification. 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 p~formed by or
5
Puget Sound Energy Franchise
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 6. 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.
SECTION 7. REVOCATION OF FRANCHISE.
7.1 This Franchise may be revoked and all rights therein forfeited by the City ifPSE
shall fall 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;
7.1.6 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, 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
Puget Sound Energy Franchise
noncompliance, and providing PSE a reasonable period of time not exceeding thirty (30) days to
fumish 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;
7.3 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 fights
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 ail right and remedies afforded a party in the event of a default by
the other party. Without limiting the generality of the foregoing, ifa 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.
SECTION8. 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 PSE's fights 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.
SECTION9. FRANCHISE TERM.
9.1 This Franchise is and shall remain in full fome and effect for a period often (10)
years from and after the effective date of the Ordinance, provided, however, PSE shall have no
fights 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.
SECTION IO. 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
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 PSE's mortgage of this Franchise to the trustee for its bondholders.
SECTION1L 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.
SECTION12. 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 Tariff G,
Schedule 74 as enacted and hereinafter amended.
12.2 IfPSE 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-commereial 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 fights of the City
to install and maintain such wires, and street lights are further subject to the following:
8
Puget Sound Energy Franchise
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
SECTION14. RECORDS OF INSTALLATION.
14.1. 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 arising under applicable law with respect to determining the location of utility
facilities.
SECTIONI$. STREET LIGItTING.
15.1 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.
16.1 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 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
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, this 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 Municipal Code (BMC) as
now or hereafter amended and which such work is not otherwise within the scope of the
exemption authorized by thc 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.
SECTION20. 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 thc 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.
SECTION21. 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
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
limitation, 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 exemise) by PSE of any and all fights, 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.
SECTION24. 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.
SECTION2$. PRIOR FRANCItlSE SUPERCEDED.
25.1 This Franchise shall supercede all prior franchises granted to PSE or its
predecessors by the City.
11
Puget Sound Energy Franchise
SECTION26. SEVER-ABILITY.
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.
SECTION27. EFFECTIVE DATE.
27.1 Tlxis ordinance shall take effect and be in force ten (10) days t~om and after its
passage, approval and publication as provided by law.
APPROVED by the City Council the_da?,,aS{o_ day of ~ ,2003
by the City Council the~/tff_.~.~k/to__~ day of _ ~. ~c-.~,, ~?..tJo ,2003
PASSED
CAROL AP, ENDS, Council President
Approved this ~2-~ day of ~"30 ~0 ,~.~ 2003
~nLEE~ ~m~Y, ~y ~k GER A.
P~LISHED the~ day of~, 2003
EFFECTWE the~day of~, 2003
NO.
12
Puget Sound Energy Franchise
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 :
fi'anchise 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, beating 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 ofBremerton, 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 ofBremerton, 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
thereunto duly authorized on this __ day of
,2003.
ATTEST: PUGET SOUND ENERGY, INC.
By:
Its:
Copy received for City of Bremerton
on ,2003
By:
Kathleen McCluskey, City Clerk
R:~LEGAL\Ordinances~SE Franchisel .DOC
13
Puget Sound Energy Franchise
+Browse: Next Previous First Last Update Delete Restart X - Exit +
+Retrieve the Next record +
+Found: 23 Record(s) MAINTAIN Contract Transactions +
+ Contract Number 3368 +
+ +
+Vendor Name PUGET SOUND ENERGY (FILED LEG 16-5) +
+Subject ENERGY - TRANSMISSION/DISTRIBUTION/SALE +
+Department ADMIN SVCS +
+Status Code FRN +
+ Amount +
+ Begin Date 11/30/1989 +
+ Insurance End Date 01/11/2002 +
+ Type Amount Review Date 05/01/2003 +
+ BOND $25000.00 +
+ +
+ +
+ Insurance Total $25000.00 +
+ Insurance Review Date +
+ +
+ Comments FORMERLY PUGET SOUND POWER & LIGHT +
+ BOND #U2819339 EFF 2/1/99 +
+ +
ORDINANCE NO. 4750
AN ORDINANCE granting Puget Sound Energy, A
Washington Corporation, its successors and its assigns, 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 purposes 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 uses for a period of one year from January 12, 2001 to
January 11, 2002 under the same terms and conditions as
provided in Franchise Ordinance No. 4253 passed by the City
Council the 6~ day of December 1989.
THE CITY OF BREMERTON DOES ORDAIN:
~;eetion 1. Franchise Ordinance No. 4253 is hereby incorporated in its entirety by this
reference, except that Section 11 thereof shall provide for effective dates of January 12, 2001 to
January I l, 2002· Puget shall have no rights under fiais Franchise nor shall Puget be bound by the
terms and conditions of this Franchise unless Puget shall, within sixty (60) days ai~r the effective
date of the Ordinance, file with the City its written acceptance of this Ordinance.
Section 2. All references to Puget Sound Power & Light Company shall be read as Puget
Sound Energy, a Washington corporation.
Section 3. This Ordinance shall become effective ten (10) days after passage and
publication.
APPROVED by the City Council of the City of Brcmerton on first reading this 10m day
of January, 2001.
PASSED by the City Council of the City of Bremerton this 17t~ day of January, ~2001.
~_~.~JOHI~ LAW, Co~nci[P'~esid~nt
APPROVED this dtZ~day of ~;~~ 2001.
LYNN ~ HORTON, Mayor
ATTEST:
EFFECTIVE DATE o/ _
KATHLEEN McCLUSKEY, City Clep
HONORABLE MAYOR AND CITY COUNCIL
CITY OF BREMERTON, WASHINGTON
In the matter of the application of
Puget Sound Energy, a Washington Franchise Ordinance No. 4750
corporation, for a franchise to:
construct, operate and maintain
facilities in, upon, over under,
along, across and through the
franchise area of the City of ACCEPTANCE
Bremerton, Washington
WHEREAS, the City Council of the City of Bremerton, Washington, has granted a
franchise to Puget Sound Energy, a Washington corporation, its successors and assigns, by
enacting Ordinance No. 4750, bearing the date of January 17, 2001, and
WHEREAS, a copy of said Ordinance granting said franchise was received by Puget
Sound Energy on February ,2001, from said City ofBremerton, Kitsap County,
Washington.
NOW, TI-I~REFORE, Puget Sound Energy, 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 ofBremerton, Kitsap County, Washington.
IN TESTIMONY WHEREOF said Puget Sound Energy has caused this written
Acceptance to be executed in its name by the undersigned on this /]~AT'-day of February,
2001.
PUGET SOUND ENEKGY
By:
Name'&Tit]e:
Na'~n)(&~TitleT'-mt~io43,u~) (x~/¢ P(or~_tt.e..~ ,
Copy re.ceive{ for City of Bremerton
City Clerk
ORDrNANCENO.
AN ORDINANCE granting Puget Sound Energy, A Washington
Corporation, its successors and its assigns, 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 purposes 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 uses for a period of
one year from .lanuary 12, 2000 to January 11, 2001 under the same
terms and conditions as provided in Franchise Ordinance No. 4253
passed by the City Council the 6t~ day of December 1989.
THE CITY OF BREMERTON DOES ORDAIN:
Section 1. Franchise Ordinance No. 4253 is hereby incorporated in its entirety by
this reference, except that Section 11 thereof shall provide for effective dates of;Ianuary
12, 2000 to January 1 I, 2001. Puget shall have no rights under this Franchise nor shall
Puget be bound by the terms and conditions &this Franchise unless Puget shall, within
sixty (60) days at~er the effective date of the Ordinance, file with the City its written
acceptance of this Ordinance.
Section 2. All references to Puget Sound Power & Light Company shall be
read as Puget Sound Energy, a Washington corporation.
Section 3. This Ordinance shall become effective ten (10) days after passage and
publication.
APPROVED by the City Council oftha City of Bremerton on first reading this
/.~y of December 1999.
PASSED by the City Council of the City ofBremerton this,~.~,,,,/day of
December 1999. /
' MIKE SHEPHERD, Council President
ORTON, Mayor
^'r~.~,ST: EFFECTIVE DATE / - ~'- ~0,,3
~'~ '~XA"'c~~, c~c]~ FUBLICATION DATE ./,,~ - ~- ~q
K~ M~ ORDINANCE NUiViBER 4~/.,g 7 .
HONORABLE MAYOR AND CITY COUNCIL
crrY OF BREMF. P. TON, WASHINGTON
In the n~ter of the application of :
Puget Sound Enersy, a Washington : Franchise Ordinance No. 4687
corporation, for a f~nchi~e to :
consm~ct, operate and maintain :
facilities in, upon, over under, :
along across and through the :
franchise area of the City of : ACCEPTANCE
Bremerton, Washington
WHEREAS, the City Counc'd of the City of Bremerton, Washington, has granted
frand~ise to Puget Sound Energy, a Washington corporation, ks successors and assigns, by
enacting Ordinance No. 4687, bearing the date of December 22, 1999, and
WHEREAS, a copy of said Ordinance gnmting said franchise was received by Puget
Sound Energy on January I ~ ,2000, from said City ofBremerton, Kitsap County,
Washington.
NOW, THEREFORE, Puget Sound Energy, a Washington corporation, for itse~ its
successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof,
and files this, its written acceptance, with the City ofBremerton, Kitsap County, Washington.
]~T TESTIMONY WHEREOF said Puget Sound Energy has caused this written
Acceptance to be executed in its name by the undersilgned on this I~ day of January, 2000.
PUGET SOUND ENERGY
Nme & Title:
ATTEST:
Copy recdved for City of Bremerton
By:~o~,~._~ ? ~ City Clerk
ORDINANCE NO. ~53
AN ORDINANCE granting Puget Sound Power & Light Company,
a Washington corporation, its successors and its assigns,
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 purposes 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 uses.
THE CITY OF BREMERTON DOES ORD~IN~
SECTION 1: DEFINITIONS: Where used in this franchise (the
"Franchise"), the following terms shall mean:
(a). "Puget" means Puget Sound Power & Light Company, a
Washington corporation, and its respective Successors and assigns.
(b). "City" means the City of Bremerton, a municipal
corporation of the State of Washington, and its respective
successors and assigns.
(c). "Franchise area" means any, every and all of the
roads, streets, avenues, alleys, highways and public rights-of-way
of the city as now laid out, platted, dedicated or improved; and
any, every and all roads, streets, avenues, alleys, highways and
public rights-of-way of the City 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.
(d). "Facilities" means poles (with or without
crossarms), wires, lines, conduits, cables, communication and
signal lines, braces, guys, anchors, vaults and all necessary
facilities and appurtenances thereto, whether the same be located
over or under ground.
(e). "Ordinance" means this ordinance, which sets forth
the terms and conditions of this Franchise.
SECTION 2: FRANCHISE AND ORDINANCE NOT TO CONFLICT
WITH TARIFFS.
(a). This Franchise is subject to the provisions of any
applicable schedule or tariff now or hereafter on file with the
Washington Utilities and Transportation Commission (or such other
regulatory agency having jurisdiction). In the event of any
conflict or inconsistency between the provisions of this Franchise
and such schedule or tariff, the provisions of such schedule or
tariff shall control, and such conflict or inconsistency shall not
1
affect the validity of the remaining portions of this Franchise,
which shall continue in full force and effect.
(b). If, during the term of this Franchise, Puget shall
file a schedule or tariff with the Washington Utilities and
Transportation Commission (or such other regulatory agency having
jurisdiction) which conflicts with or is inconsistent with any
portion of this Franchise, then as to such portion of this
Franchise as shall then be in conflict with or inconsistent with
such schedule or tariff, the City may, within thirty (30) days of
the effective date of such schedule or tariff, notify Puget in
writing that the City desires to commence negotiations to amend
such portion of this Franchise so as to address such conflict or
inconsistency. Within thirty (30) days from and after Puget's
receipt of written notice from the City to so commence such
negotiations, Puget shall, at a mutually agreeable time and place,
commence such negotiations. The City and Puget shall thereafter
conduct such negotiations at reasonable times, in a reasonable
manner, in good faith and with due regard to all pertinent facts
and circumstances; provided, however, neither party shall have any
obligation to amend this Franchise absent mutual agreement on the
terms and conditions of such amendment.
SECTION 3: FRANCHISE AND FACILITIES WITHIN FRANCHISE AREA.
(a). The city does hereby grant to Puget the right,
privilege, authority and franchise to:
i. 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
ii. to charge and collect tolls, rates and
compensation for such energy and such uses.
(b). Puget shall obtain all necessary permits and
approvals and shall comply with all applicable City ordinances,
2
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.
(c). This Franchise shall not grant to Puget any right,
privilege, authority or franchise to install Facilities on or to
otherwise use City-owned or leased properties other than such
properties as may be included within the Franchise area.; provided,
however, existing Facilities installed or maintained by Puget on
public grounds and places within the City in accordance with prior
franchise agreements (but which such Facilities are not within the
Franchise area as defined by this Franchise) may be ~aintained,
repaired and operated by Puget at the location at which such
Facilities exist as of the effective date of this Franchise for the
term of this Franchise; provided further, that no such Facilities
may be enlarged or expanded without the prior review and approval
of the City Council.
SECTION 4: NONINTERFERENCE OF FACILITIES. Puget shall
maintain its Facilities within the Franchise area so as not to
unreasonably interfere with the free passage of traffic, and Puget
shall maintain its Facilities in accordance with the laws of the
State of Washington.
SECTION 5: RELOCATION OF FACILITIES.
(a) Whenever it becomes necessary for the City to
relocate right-of-way improvements within the Franchise area or
change the grade of the Franchise area, and such work requires the
relocation of Puget's then existing Facilities within the Franchise
area, the City shall:
i. provide Puget, within a reasonable
time prior to the commencement of such work to
be undertaken by the City, written notice
requesting such relocation; and
ii. provide Puget with copies of
reasonable plans and specifications for such
work to be undertaken by the City in a form
sufficient for Puget to de~ermine the location
within the F~anchise area to which its Facilities
are to be relocated.
After receipt of such notice and such plans ahd specifications,
Puget shall relocate such Facilities within the Franchise area at
no cost 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(a), the
City shall bear the entire cost of such subsequent relocation.
(b) Whenever any person or entity other than the City
requires the relocation of Puget's Facilities to accommodate the
work of such person or entity within the Franchise area; or
whenever the City requires the relocation of Puget's Facilities
within the Franchise area for the benefit of any person or entity
other than the City, then Puget shall have the right as a condition
of such relocation to require such person or entity, other than the
City, to make payment to Puget, at a time and upon terms acceptable
to Puget, for .any and all costs and expenses incurred by Puget in
the relocation of Puget's Facilities.
(c) Any condition or requirement imposed by the City upon
any person or entity other than the city (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 requires the
relocation of Puget's Facilities shall be a required relocation for
purposes of Section 5(b) above. However, it shall be a "City
caused" relocation, for purposes of Section 5(a) above, if the City
reasonably determines and informs Puget in writing that the
relocation of Puget's Facilities within the Franchise area is: (i)
primarily for the City's benefit; and (ii) necessary to accommodate
the work of the Port of Bremerton on the Bremerton waterfront
bounded by First Street and Fourth Street or the Washington State
Department of Transportation.
(d). Nothing in this Section 5 shall require Puget to
bear any cost or expense in connection with the location or
4
relocation ~f any Facilities then' existing under benefit of
easement or s~ch other prior rights not arising under this
Franchise.
SECTION 6: UNDERGROUND FACILITIES.
(a). If, during the term of this Franchise, the City
shall direct Puget to underground Facilities (of 15,000 volts or
less) within the Franchise area, such undergrounding shall be
arranged and accomplished subject to and in accordance with
applicable schedules and tariffs on file with the Washington
Utilities and Transportation Commission (or such other regulatory
agency having jurisdiction). Subject to such sGhedules and
tariffs, and subject to the terms and conditions of this Franchise,
Puget shall abide by any subsequent ordinance enacted by the City
concerning the undergrounding of Puget's Facilities within the
Franchise area.
(b) In the event the City undertakes any work within the
Franchise area which would otherwise require the relocation of
Puget's aboveground Facilities in accordance with Section 5(a)
above, the City may, by written notice to Puget, direct that Puget
convert such aboveground Facilities (of 15,000 volts or less) to
underground Facilities. Any such conversion shall be done subject
to and in accordance with applicable schedules and tariffs on file
with the Washington Utilities and Transportation Commission (or
such other regulatory agency having jurisdiction). If, in
connection with the relocation of Puget's aboveground Facilities
(of 15,000 volts or less) in accordance with Section 5(a) above,
a portion of such Facilities, which are otherwise being so
relocated, are converted at the City's direction to underground
Facilities (of 15,000 volts or less), then any actual relocation
costs avoided by Puget as a result of the City's direction shall
be credited to costs (if any) to be borne by the City in connection
with such conversion, to the extent consistent with the
aforementioned schedules and tariffs.
(c). This Section 6 shall govern all matters related to
undergrounding of Puget's Facilities (i.e., conversion or
5
otherwise) ~n connection with this'Franchise. Notwithstanding
anything to the contrary in this Franchise, the undergrounding of
any of Puget's Facilities within the Franchise area shall be
arranged and accomplished subject to and in accordance with
applicable schedules and tariffs on file with the Washington
Utilities and Transportation Commission (or such other regulatory
agency having jurisdiction).
SECTION 7: INDEMNIFICATION.
(a). Puget shall indemnify and save the City harmless
from any and all claims, demands, suits or actions (and reasonable
costs and attorneys' fees associated therewith) asserted against
it on account of injury or damage to the person or property of
another, to the extent such injury or damage is caused by the
negligence of Puget or its agents, servants, employees or
contractors in exercising the rights granted Puget in this
Franchise; provided, however, that in the event any such claim,
demand, suit or action be presented to or filed against the City,
the City shall promptly notify Puget thereof and Puget shall have
the right, at its election and at its sole cost and expense by
attorneys of its own election, to settle and compromise such claim,
demand, suit or action.
(b). 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. Such additional participation by the City shall be
at the City's sole cost and expense.
SECTION 8: MOVING BUILDINGS WITHIN THE FRANCHISE AREA.
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 Puget
for the temporary adjustment of Puget's wires to accommodate the
moving or removal of such building or other object. Such necessary
6
arrangements with pUget shall be made~ to Puget's satisfaction, not
less than fourteen (14)' days prior to the moving or removal of said
building or other object. In such event Puget 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,
provided that:
(a). The moving or removal of such building or other
object which necessitates the adjustment of wires shall be done at
a reasonable time and in a reasonable manner so as not to interfere
unreasonably with Puget's business;
(b). Where more than one route is reasonably available
for the moving or removal of such building or other object, such
building or other object shall be moved or removed along the route
which causes the least interference with Puget's business. A route
is not "reasonably available" if it imposes a grossly
disproportionate burden on the City or the person or entity moving
or removing the building or other object; and
(c). The person or entity obtaining such permission from
the City to move or remove such building or other object shall be
required to indemnify and save Puget harmless from any and all
claims and demands made against it on account of injury or damage
to the person or property of another arising out of or in
conjunction with the moving or removal of such building or other
object, to the extent such injury or damage is caused by the
negligence of the person or entity moving or removing such building
or other object or the negligence of the agents, servants or
employees of the person or entity moving or removing such building
or other object. This subsection shall not be construed to require
the City to ensure compliance or otherwise enforce any insurance
requirement with regard to Puget or the person or entity seeking
to move or remove a building or other object.
~ECTION 9: DEFAULT. If Puget shall fail to comply with
the provisions of this Franchise, the City may serve upon Puget a
written order to so comply within sixty (60) days ftom the date
7
such order ks received by Puget. If Puget is not in compliance
with this Franchise after expiration of said sixty (60) day period
the City may, by ordinance, declare an immediate forfeiture of this
Franchise; provided, however, if any failure tO comPlY with this
Franchise by Puget cannot be corrected with due diligence within
said sixty (60) day period (Puget's obligation to comply and to
proceed with due diligence being subject to unavoidable delays and
events beyond its control), then the time within which Puget may
so comply shall be extended for such time as may be reasonably
necessary and so long as Puget commences promptly and diligently
to effect such compliance.
SECTION 10: NONEXCLUSIVE FRANCHISE. 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 Puget'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 11: FRANCHISE TERM. Article XIV, Section 53 of the
"Charter of the City of Bremerton" provides that no franchise shall
be granted for a term longer than ten (10) years. Inasmuch as the
Charter so provides, this Franchise shall be and remain in full
force and effect for a period of ten (10) years from and after the
effective date of this Ordinance; provided, however, Puget shall
have no rights under this Franchise nor shall Puget be bound by the
terms and conditions of this Franchise unless Puget shall, within
sixty (60) days after the effective date of the Ordinance, file
with the city its written acceptance of this Ordinance.
SECTION 12: ASSIGNMENT. Puget shall, subject to permission
of the City, have the right to assign its rights, benefits and
privileges in and under this Franchise. Such permission shall not
be unreasonably withheld, but may only be granted in a procedure
consistent with the laws, rules, statutes and regulations governing
the City. Any assignee shall, within thirty (30) days of the date
8
of any assignment, file written notice of the assignment with the
City together with its written acceptance of all terms and
conditions of this Franchise. Notwithstanding the foregoing, Puget
shall have the right, without such notice or such permissions of
the City, to mortgage its rights, benefits and privileges in and
under this Franchise to the trustee for its bondholders.
SECTION 13: USE OF FACILITIES BY CITY.
(a). During the term of this Franchise and with respect
to poles which are Facilities and which are wholly owned by Puget
and which are within the Franchise area, the City may, subject to
Puget's prior written consent which shall not be unreasonably
withheld, install and maintain City-owned overhead wires upon such
poles for traffic signalization and police and fire communications,
and may install and maintain City-owned street lights and traffic
signs upon such poles. The foregoing rights of the City to install
and maintain such wires, street lights and signs are further
subject to the following:
i. Such installation and maintenance
shall be done by the City at its sole risk and
expense in accordance with all applicable laws
(including, but not limited to, RCW 70.54.090),
and subject to such reasonable requirements as
Puget may specify from time to time (including,
without limitation, requirements accommodating
Facilities or the facilities of other parties
having the right to use Facilities); and
ii. Puget shall have no obligation under
Section 7 (or arising under the purview of
Section 7) in connection with any City-owned
wires, street lights, or signs so installed or
maintained.
(b). Puget shall provide to the City, upon the City's
reasonable request, copies of available drawings in Puget's
possession showing the location of Facilities of Puget within the
Franchise area. Any such request by the City shall be made on the
9
basis of ~easonabl'e need in connection with a City street
improvement project, and such request shall relate to specific
Facilities at specific locations. As to any such drawings so
provided, Puget does not warrant the accuracy thereof and to the
extent the location of Facilities are shown, such Facilities are
shown in the approximate location. With respect to excavations by
Puget and the City within the Franchise area, Puget and the City
shall each comply with its respective obligations pursuant to
applicable law.
(c). Upon written request of the city, Puget shall
provide the City with the most recent update available of any plan
of potential improvements to its Facilities within the Franchise
area; provided, however, any such plan so submitted shall be for
informational purposes only and shall not obligate Puget to
undertake any specific improvements within the Franchise area nor
shall such plan be construed as a proposal to undertake any
specific improvements within the Franchise area.
(d). Puget shall have rights reciprooal to those of the
City under this subsection and the City shall be subject to
reciprocal obligations.
SECTION 14: HERBICIDES. Puget shall provide reasonable
advance notice to the City's Director of Utilities of any
application by Puget of herbicides in the City's watershed.
SECTION 15: TREE TRIMMING. Puget shall have the right to
cut, trim and maintain, by prudent and reasonable means, all City-
owned trees and City-owned vegetation within the Franchise area to
the extent necessary to prevent such trees or such vegetation from
becoming a hindrance to or coming into contact with Puget's
Facilities.
SECTION 16: STREET LIGHTING,. In accordance with
applicable schedules and tariffs on file with the Washington
Utilities and Transportation Commission (or such other regulatory
agency having jurisdiction), Puget shall install, operate and
maintain street lighting as requested by the City. City shall have
the right to acquire from Puget, street lights owned by Puget now
10
locate9 or hereafter located within 'the Franchise Area at a fair
marketlprlce to be negotiated upon written notice from the City.
Withou~ limiting the generality of the foregoing, requests for
installation, maintenance and repair of such street lighting shall
receive Puget'S prompt attention and shall be arranged and
accomplished in accordance with the aforementioned schedules and
tariffs
SECTION 17: SHARED USE OF EXCAVATIONS. If, at any time or
from ti~e to time, either Puget or the City shall cause excavations
to be nade within the Franchise area, the party causing such
excava' [on to be made shall afford the other, upon receipt of a
written/request to do so, an opportunity to use such excavation,
provide~ that: (1) such joint use shall not unreasonably delay the
work of the party causing the excavation to be made; and (2) such
joint ~se shall be arranged and accomplished on terms and
conditL)ns satisfactory to both parties.
SE~TION 18: RESTORATION AFTER CONSTRUCTION. Puget shall,
after c,,nstruction, maintenance or repair of Facilities within the
Franchi:~e area, leave the Franchise area in as good or better
conditi,~n in all respects as it was in before the commencement of
such coi~struction, maintenance or repairs. All concrete encased
recorde¢ monuments within the Franchise area which have been
disturb~d or displaced by such work shall be restored pursuant to
City standards and specifications. Puget shall promptly complete
restoration work and promptly repair any damage caused by such work
to the ~ranchise area at its sole cost and expense.
SECTION 19: CHARGE FOR ADMINISTRATIVE COSTS. Nothing
herein ~hall preclude the City from recovering any administrative
costs i~curred by the City in the approval of permits or in the
supervision, inspection or examination of all work by Puget in the
Franchise area as prescribed in accordance with applicable
ordinances or laws.
SE( TION 20: MISCELLANEOUS.
(a). 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.
(b). This Franchise may be amended only by written
instrument, signed by both parties, which specifically states that
it is an amendment to this Franchise, is promulgated by the City
as an amending ordinance, and is approved and executed in
accordance with the laws of the State of~Washington. Without
limiting the generality of the foregoing, this Franchise 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 Puget 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:
i. References this Franchise; and
ii. States that it supercedes 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.
(c). This Ordinance and the franchise granted herein
shall not be construed to limit the right of the City to subject
Puget, its operations and facilities to the City's powers of
taxation.
(d). This Ordinance and the Franchise granted herein
shall be construed in a fashion consistent with all other
12
applicable statutes, regulations, ordinances and laws of the City
of Bremerton, Kitsap County, State of WaShington and the United
States of America.
(e). In the event that any suit or action is commenced
by the City against Puget or by Puget against the City in a court
of competent jurisdiction (1) to enforce the terms and conditions
of this Franchise; or (2) on account of any default under or breach
of this Franchise, the prevailing party in such suit or action
shall be entitled to recover, in addition to all other relief, from
the other party all reasonable attorney's fees incurred by the
prevailing party in connection with such suit or action. This
subsection shall not apply, however, to actions solely for
declaratory judgement.
APPROVED by the City Council on the first reading this ~S~-~-
day of ~~ , 1989.
PASSED by the City Council of the City of Bremerton this ~-~--
,
y counc'.~
~ LOBE, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, City Clerk
HONORABLE MAYOR AND CITY COUNCIL
CITY OF BREMERTON, WASHINGTON
In the matter of the application:
of Puget Sound Power & Light : Franchise Ordinance No. 4253
Company, a Washington :
corporation, for a franchise to :
construct, operate and maintain :
facilities in, upon, over :
under, along, across and :
through the franchise area of : ACCEPTANCE
the City of Bremerton, :
Washington :
WHEREAS, the City Council of the City of Bremerton,
Washington, has granted a franchise to Puget Sound Power & Light
Company, a Washington corporation, its successors and assigns, by
enacting Ordinance No. 4253, bearing the date of December 13,
1989, and
WHEREAS, a copy of said Ordinance granting said franchise was
received by the Puget Sound Power & Light Company on
December, 18, 1989, from said City of Bremerton, Kitsap County,
Washington.
NOW, THEREFORE, Puget Sound Power & Light Company, 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 Power & Light Company
has caused this written Acceptance to be executed in its name by
its undersigned R. B. Boyd thereunto duly authorized on this
/¥
day of January, 1990.
ATTEST: PUGET SOUND POWER & LIGHT COMPANY
Manager Rea~ Estate
Copy received for City of Bremerton
on
By: \~
City Clerk
8 DC 3309 010990