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HomeMy WebLinkAbout3368 +--------------------------------------------------------------------------+ :'Enter Search Criteria, Press Esc Key to Transmit + "Press Del Key to Terminate Delete Mode + CHANGE Contract Transactions + Contract Number 3368 + T'Vendor Name "Subject : ,Department =rStatus Code + + + + + Comments 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 + +--------------------------------------------------------------------------+ FILE CLASSIFICATION CHANGED LEG 16-5 FRANCHISES 1AC/6AC (POSSIBLE ARCHIVE VALUE) =\= + +--------------------------------------------------------------------------+ ,1:Enter Search Criteria, Press Ese Key to Transmit '~ress Del Key to Terminate Delete Mode CHANGE Contract Number Contract Transactions 3368 +vendor Name +Subject "'Department '-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 ., +--------------------------------------------------------------------------+ 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. 2 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