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3370
CASCADE NATURAL GAS
ACCESS & DISTRIBUTION
ADMIN SVCS
FRN
- ORDINANCE #4933
Insurance
Type Amount
GL $1000000.00
Amount
Begin Date
End Date
Review Date
=r=
=f
=f
=1=
10/10/1991
03/16/2015 ..
02/15/2005 =1=
+
=f
=f
=f
=f
=f =f
+--------------------------------------------------------------------------+
Insurance Total
Insurance Review Date
$1 000000 . 00 ...
01/01/2006 =f
=f
=f
=f
Comments
FILE CLASSIFICATION CHANGED
LEG 16-5 FRANCHISES 1AC/6AC (POSSIBLE ARCHIVE VALUE)
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3370
"Vendor Name
"Subj ect
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"Status Code
CASCADE NATURAL GAS
ACCESS & DISTRIBUTION
ADMIN SVCS
FRN
- ORDINANCE #4253
x
Insurance
Type Amount
GL $1000000.00
Amount
Begin Date
End Date
Review Date
10/10/1991
10/09/2004
08/01/2004 --
Insurance Total
Insurance Review Date
$1000000.00 --
01/01/2005 --
Comments
FILED LEG 16-5
FRANCHISE EXTENDED BY ORDINANCE AMENDMENT #4872
"
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HONORABLE MAYOR AND CITY COUNCIL
CITY OF BREMERTON, WASHINGTON
In the matter of the application of Cascade
Natural Gas, a Washington corporation, for a
franchise to construct, operate and maintain Franchise Ordinance No.
facilities in, upon, over, under, along, across
and through the franchise area of the City of
Bremerton ACCEPTANCE
WHEREAS, the City Council of the City of Bremerton, Washington, has granted
a franchise to Cascade Natural Gas, a Washington corporation, its successors and assigns, by
enacting Ordinance No. 4/~a?,~. beating the date of ~ff~.d.~cff~, 2003; and
WHEREAS, a copy of. said Ordinance granting said franchise was received by
Cascade Natural Gas on Oetvbet ti/lO , 2003, from said
City
ofgremerton,
Kitsap
County,
Washington; --
NOW THEREFORE, Cascade Natural Gas, 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, Cascade Natural Gas has caused this written
Acceptance to be executed in its name by the undersigned on this ! day of/~t"~,t~t
2003.
Name & Title:
ATTEST:
BY: dTit~., g
COPY ~CEWED BY
CITY OF B~MERTON
R:~LEGAL~Ordin~ces~d~nis~ationXC~cade G~ Ext~sion (2003).doc
3
Cascade Natural Gas Extension
ORDINANCE NO. 4 ~ 7 ~
AN ORDINANCE granting Cascade Natural Gas
Corporation, a Washington corporation, its successors or assigns,
the right and privilege to use and occupy the public streets,
avenues, lanes, alleys, highways of the City of Bremerton, State of
Washington, for the purpose of supplying, distributing and selling
gas to the inhabitants of the City, and elsewhere; and the right and
privilege of constructing, and thereafter maintaining a gas works,
mains, service pipes and other necessary equipment in said City,
for the distribution of gas for light, fuel, power, heat and other
purposes for a period of one year from October 10, 2003 to
October 9, 2004 under the same terms and conditions as provided
in Franchise Ordinance No. 4342 and amended by Ordinance Nos.
4776 and 4813.
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION1. Franchise Ordinance No. 4342 as amended by Ordinance Nos.
4776 and 4813 ("Franchise") is hereby incorporated in its entirety by this reference, and amended
to extend the term of the Franchise by amending Section 10 to extend the expiration date to
October 9, 2004. Except and to the extent amended herein, all terms and conditions of the
Franchise shall remain in full force and effect. Cascade shall have no rights under this Franchise
nor shall Cascade be bound by the terms and conditions of this Franchise unless Cascade shall,
within sixty (60) days after the effective date of the Ordinance, file with the City its written
acceptance of this Ordinance.
SECTION2. Severability. If any 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.
SECTIONS. Effective Date. This Ordinance shall become effective ten (10)
days after passage and publication.
APPROVED by the City Council the~fd~ day of {'~ff~f;t~) ,2003
PASSED by the City Council the~ day of ~ ,2003
CAROL ARENDS, Council President
1
Cascade Natural Gas Extension
APPROVED thise~:~ day of t~ff-- _J~M'~t~tA~C~Y~BOZ~MA~,' 2003.[~Mayor
ATTEST: APPROVED AS TO FORM:
PUBLISHED the ~ day of ~l~d:~, 2003
EFFECTIVE the ~ day of ~$~t~.2~, 2003
OP, DIN~'4CE NO. 4to~?,~
2
Cascade Natural Gas Extension
HONORABLE MAYOR AND CITY COUNCIL
CITY OF BKEMERTON, WASHiNGTON
In the matter of the application of Cascade
Natural Gas, a Washington corporation, for a
franchise to construct, operate and maintain Franchise Ordinance No.
facilities in, upon, over, under, along, across
and through the franchise area of the City of
Bremerton ACCEPTANCE
WHEREAS, the City Council of the City of Bremerton, Washington, has granted
a franchise to Cascade Natural Gas, a Washington corporation, its successors and assigns, by
enacting Ordinance No. ~aa?,~ bearing the date of/~lZ.~d.d~___, 2003; and
WHEREAS, a copy of said Ordinance granting said franchise was received by
Cascade Natural Gas on October ,2003, from said City of Brcmerton, Kitsap County,
Washington;
NOW THEREFORE, Cascade Natural Gas, 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.
1N TESTIMONY WHEREOF, Cascade Natural Gas has caused this written
Acceptance to be executed in its name by the undersigned on this __ day of
2003.
CASCADE NATURAL GAS
By:
Name & Title:
ATTEST:
By:
Name & Title:
COPY RECEIVED BY
CITY OF BREMERTON
On
By:
City Clerk
R:\LEGAL\Ordinances~Administration\Cascade Gas Extension (2003).doc
3
Cascade Natural Gas Extension
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+ Contract Number 3370 +
+ +
+Vendor Name CASCADE NATURAL GAS +
+Subject ACCESS & DISTRIBUTION - ORDINANCE #4253 +
+Department ADMIN SVCS +
+Status Code FRN +
+ Amount +
+ Begin Date 10/10/1991 +
+ Insurance End Date 10/09/2003 +
+ Type Amount Review Date 08/01/2003 +
+ AL $1000000.00 +
+ +
+ +
+ Insurance Total $1000000.00 +
+ Insurance Review Date 01/01/2004 +
+ +
+ Comments FILED LEG 16-5 +
+ FRANCHISE EXTENDED BY ORDINANCE AMENDMENT +
+ +
ORDINANCE NO. ~/~
AN ORDINANCE granting Cascade Natural Gas
Corporation, a Washington corporation, its successors or assigns,
the right and privilege to use and occupy the public streets,
avenues, lanes, alleys, highways of the City of Bremerton, State of
Washington, for the purpose of supplying, distributing and selling
gas to the inhabitants of the City, and elsewhere; and the right and
privilege of constructing, and thereafter maintaining a gas works,
mains, service pipes and other necessary equipment in said City,
for the distribution of gas for hght, fuel, power, heat and other
purposes for a period of one year from October 10, 2002 to
October 9, 2003 under the same terms and conditions as provided
in Franchise Ordinance No. 4342 and amended by Ordinance No.
4776.
THE CITY COUNCIL OF ~ CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION1. Franchise Ordinance No. 4342 as amended by Ordinance No. 4776
("Franchise") is hereby incorporated in its entirety by this reference, and amended to extend the
term of the Franchise by amending Section 10 to extend the expiration date to October 9, 2003.
Except and to the extent amended herein, all terms and conditions of the Franchise shall remain
in full force and effect. Cascade shah have no rights under this Franchise nor shall Cascade be
bound by the terms and conditions of this Franchise unless Cascade shall, within sixty (60) days
after the effective date of the Ordinance, file with the City its written acceptance of this
Ordinance.
SECTION2. Severability. If any 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.
SECTION3. Effective Date. This Ordinance shall become effective ten (10)
days after passage and publication.
Cascade Franchise Extension - Page 1
APPROVED by the City Council the~.~_ day of ~~_,g_.~__, 2002
PASSED by the City Council the /~[ j day of ~.~(_~~ ,2002
CAROL AKENDS, Council President
APPROVED this ]2t~ day of f_~ ,2002.
CARS'~~ ~
ATTEST: APPROVED AS TO FORM:
~ILEEN McCLU~KEY, City Cleric
PUBLISHED
the
~Z~ day of~.~l~_~__, 2002
EFFECTIVE the ~ day of ~t~d__, 2002
ORDINANCE NO. ~,~/,_tj ~
Cascade Franchise Extension - Page 2
ORDINANCE NO. 4776
AN ORDINANCE granting Cascade Natural Gas Corporation, a
Washington corporation, its successors or assigns, the fight and privilege
to use and occupy the public streets, avenues, lanes, alleys, highways of
the City of Bremertun, State of Washington, for the purpose of
supplying, distributing and selling gas to the inhabitants of the City, and
elsewhere; and the right and privilege of constructing, and thereafter
maintaining a gas works, mains, service pipes and other necessary
equipment in said City, for the distribution of gas for light, fuel, power,
heat and other purposes.
THE CITY OF BREMERTON DOES ORDAIN:
Section 1. Franchise Ordinance No. 4342 is hereby incorporated in its entirety by this reference,
except that Section 10 thereof shall provide for effective dates of October 10, 200 l to October 9, 2002.
Cascade Natural Gas shall have no rights under this Franchise nor shall Cascade be bound by the terms
and conditions of this Franchise unless Cascade Natural Gas shall, within sixty (60) days after the
effective date of the Ordinance, file with the City its written acceptance of this Ordinance.
Section 2. This Ordinance shall become effective ten (10) days after passage and publication.
APPROVED by the City Council of the City of Bremerton on first reading this 3~a day of
October, 2001.
PASSED by the City Council of the City of Brem~on this 10t~ day of October, 2001.
ATTEST:
KATI-[LEEN MeCLUSKEY, City Clerl
EFFECTIVE DATE /o o/
PUBLICATION DATE
ORDINANCE NUMBER z,/7
HONORABLE MAYOR AND CITY COUNCIL
CITY OF BREMERTON, WASHINGTON
In the matter of the application of :
Cascade Natural Gas, a Washington : Franchise Ordinance No. 4776
corporation, for a franchise to :
conslruct, 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, W~qhington, has. granted a
franchise to Cascade Natural Gas, a Washington corporation, its successors and assigns, by
enacting Ordinance No. 4776, bearing the date of October 10, 2001, and
WHEREAS, a copy of said Ordinance granting said franchise was received by Cascade
Natural Gas on October 2.3 ,2001, from said City ofBremerton, Kitsap County,
Washington.
NOW, THEREFORE, Cascade Natural Gas, a Washington corporation, for itself, its
successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof,
and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington.
IN TESTIMONY WHEREOF said Cascade Natural Gas tins ca, u.~ed this written
Acceptance to be executed in its name by the undersigned on this 2/~ dayof
C)c+o % ~,- ,2001.
CASCADE NATURAL GAS
Nam~e & Titld Larry H. Anderson
Vice Pres±dsnt - Operations
ATTEST:
Name &/rifle:/J
vice Prssidsnt - HR &
Copy rec.eived f~or City of Bremerton Corporate Secretary
on .Xo\o \
By: °BTU-
City Clerk C
O DIN CE NO.
AI~ORDINANCE granting to Cascade Natural Gas Corporation,
a Washington corporation, its successors or aesigns, the
right and privilege to use and occupy the public streets,
avenues, lanes, alleys, highways of the City of
Bremerton, State of Washington, for the purpose of
supplying, distributing and selling gas to the
inhabitants of the city, and elsewhere; and the right and
privilege of constructing, and thereafter maintaining a
gas works, mains, service pipes and other necessary
equipment in said city, for the distribution of gas for
light, fuel, power, heat and other purposes, and
repealing Ordinance No. 3574.
THE CITY OF BREMERTON DOES ORDAIN:
SECTION 1: DEFINITIONS: Where used in this franchise (the
"Franchise"), the following terms shall mean:
(a). "Cascade" means Cascade Natural Gas Corporation, 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 publi~
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 public roads, streets, avenues, alleys, highways
and 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 a system of mains, pipes and the
necessary attachments and appurtenances for the storage,
conveyance, distribution and sale of gas, whether the same be
located over or under ground.
(e). "Ordinance" means this ordinance, which sets forth the
terms and conditions of this Franchise.
~ 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
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, Cascade 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 Cascade 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 Cascade's
receipt of written notice from the City to so commence such
negotiations, Cascade shall, at a mutually agreeable time and
place, commence such negotiations. The City and Cascade 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.
S~CTION 3: FRANCHISE AND FACILITIES WITHIN FRANCHISE AREA.
(a). The City does hereby grant to Cascade the right,
privilege, authority and franchise to:
i. set, lay, construct, support, attach, connect,
maintain, repair, replace, enlarge, operate and use
Facilities under, along, across and through the
Franchise area a system of mains, pipes, necessary
attachments and appurtenances, for the purposes of
storage, conveyance, distribution and sale of gas
for light fuel, power, heat end other purposes for
which gas can be used.
(b). Cascade shall obtain all necessary permits and approvals
and shall comply with all applicable City ordinances, 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 Cascade 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.
SECTION 4: NONINTERFERENCE OF FACILITIES. Cascade shall
maintain its Facilities within the Franchise area so as not to
unreasonably interfere with the free passage of traffic or obstruct
the City's drainage or the construction of sewer or water pipes.
Cascade 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 Cascade's then existing Facilities within the Franchise area,
the City shall:
i. provide Cascade, within a reasonable time prior to
the commencement of such work to be undertaken by
the City, written notice requesting such
3
relocati.on; and
ii. provide Cascade with copies of reasonable plans and
specifications for such work to be undertaken by
the City in e form sufficient for Cascade to
determine the location within the Franchise area to
which its Facilities are to be relocated.
After receipt of such notice and such plans and specifications,
Cascade shall relocate such Facilities within the Franchise area at
no cost to the City. The city agrees to notify the ~rantee in the
event of all requests to vacate public rights of ways or utility
easements, and protect, preserve and provide Grantee's rights by
retaining easements for its facilities by ordinance or other
recorded instrument. If Grantee's facilities must be relocated
from a vacated public right of way, the petitioners of said
vacation will bear the expense of moving said facilities.
(b). Whenever any person or entity other than the City
requires the relocation of Cascade~s Facilities to acco~odate the
work of such person or entity within the Franchise area; or
whenever the City requires the relocation of Cascade's Facilities
within the Franchise area for the benefit of any person or entity
other than the City, then Cascade shall have the right as a
condition of such relocation to require such person or entity,
other than the City, to make payment to Cascade, at a time and upon
terms acceptable to Cas6ade, for any and all costs and expenses
incurred by Cascade in the relocation of Cascade~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 Cascade'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 Cascade in writing that the
relocation of Cascade~s Facilities within the Franchise area is:
(i) primarily for the City's benefit; and (ii) neceseary to
accommodate the work of the Port of Bremerton on the Bremerton
waterfront bounded by Sinclair Inlet, Washington Avenue, First
Street and Fourth Street, or the Washington State Department of
Transportation ferry terminal site. In the event federal, state or
other financial assistance funds are available for utility
displacement or relocating expenses, the Grantor shall apply for
such assistance funding on behalf of the Grantee, and further
providing that any such federal, state or other utility
displacement or relocating assistance funds are actually obtained
by the Grantor, the Grantee will be reimbursed.
SECTION 6: INDEMNIFICATION.
(a). Cascade 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,
default or misconduct of Cascade or its agents, servants, employees
or contractors in exercising the rights granted Cascade in this
5
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 Cascade thereof and Cascade 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 th6 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 7: 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
Cascade for the disconnection or temporary adjustment of Cascade's
facilities to accommodate the moving or removal of such building or
other object. Such necessary arrangements with Cascade shall be
made, to Cascade's satisfaction, not less than fourteen (14) days
prior to the moving or removal of said building or other object.
In such event Cascade shall, at the expense of the person or entity
desiring to move or remove such building or other object, adjust
any of its facilities which may obstruct the moving or removal of
6
such building or other object, provided that:
(a). The moving or removal of such building or other object
which necessitates the adjustment of gas facilities shall be done
at a reasonable time and in a reasonable manner so as not to
interfere unreasonably with Cascade'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 Cascade'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 Cascade 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
negligenGe 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 Cascade or the person or entity seeking
to move or remove a building or other object.
7
SECTION 8: DEFAULT. If Cascade shall fail to comply with the
provisions of this Franchise, the City may serve upon Cascade a
written order to so comply within sixty (60) days from the date
such order is received by Cascade. If Cascade 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 Cascade cannot be corrected with due diligence within
said sixty (60) day period (Cascade'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 Cascade may
so comply shall be extended for such time as may be reasonably
necessary and so long as Cascade commences promptly and diligently
to effect such compliance.
SECTION 9: 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 Cascade's rights under this Franchise. This
Franchise shall not prohibit or prevent the City from using the
Franchise area or affect the jurisdiction of the city over the same
or any part thereof.
SECTION 10: 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
8
force and effect for & period of ten (10) years from and after the
effective date of this Ordinance; provided, however, Cascade shall
have no rights under this Franchise nor shall Cascade be bound by
the terms and conditions of this Franchise unless Cascade shall,
within sixty (60) days after the effective date of the Ordinance,
file with the City its written acceptance of this Ordinance.
SECTION 11: ASSIGNMENT. Cascade 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
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,
Cascade 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.
S~CTION 12: LOCATION OF FACILITIES.
(a). Cascade shall provide to the City, upon the City's
reasonable request, copies of available drawings in Cascade's
possession showing the location of Facilities of Cascade within the
Franchise area. Any such request by the City shall be made on the
basis of reasonable need in connection with a City street
improvement project, and such request shall relate to specific
9
Facilities at specific locations. With respect, to excavations by
Cascade and the City within the Franchise area, Cascade and the
City shall each comply with its respective obligations pursuant to
applicable law.
(b). Upon written request of the City, Cascade 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 Cascade to
undertake any specific improvements within the Franchise area nor
shall such plan be construed as a proposal t6 undertake any
specific improvements within the Franchise area.
SECTION 13: EXCAVATIONS. Whenever Cascade shall desire to
excavate within the Franchise area for the purpose of laying gas
mains, pipes or other appurtenances, including service pipes, it
shall apply to the City for a permit to do so and shall give at
least three (3) working days' notice thereof, and shall not, during
the process of the work, unnecessarily obstruct the passage or
proper use of the Franchise area and shall file with the City
duplicate maps or prints showing the proposed and final location
thereof. Whenever possible, Cascade shall install to the standard
locations as specified by the City.
SECTION 14: SHARED USE OF EXCAVATIONS. If, at any time or
from time to time, either Cascade or the City shall cause
excavations to be made within the Franchise area, the party causing
such excavation to be made shall afford the other, upon receipt of
10
a written request to do so, mn opportunity to use such excavation,
provided that: (1) such joint use shall not unreasonably delay the
work of the party causing the excavation to be made; and (2) such
joint use shall be arranged and accomplished on terms and
conditions satisfactory to both parties.
SECTION 15: RESTORATION AFTER CONSTRUCTION. Cascade shall,
after construction, maintenance or repair of Facilities within the
Franchise area, leave the Franchise area in as good or better
condition in all respects as it was in before the commencement of
such construction, maintenance or repairs subject to the approval
of the City Engineer. Cascade shall promptly complete restoration
work and promptly repair any damage caused by such work to the
Franchise area at its sole cost and expense. During the progress of
such work, Cascade shall be responsible for keeping such Franchise
areas guarded, in order to prevent accident to persons or property.
The City, upon thirty (30) days notice to Cascade, may at any time
thereafter do, or order to have done any and all work that it
considers necessary to restore any such Franchise area, and Cascade
upon demand, shall pay to the City all costs for such work. All
concrete encased recorded monuments within the Franchise area which
have been disturbed or displaced by such work shall be restored
pursuant to City standards and specifications.
SECTION 16: CHARGE FOR ADMINISTRATIVE COSTS. Nothing herein
shall preclude the City from recovering any fees for the
supervision, inspection or examination of all work by Cascade in
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the Franchise area as prescribed in accordance with applicable
ordinances or l&ws.
~= 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, adopted by the City as an
amending ordinance. 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 Cascade of any and all
rights, benefits, prlvileges, obligations or duties in and under
this Franchise. In the event of any confl'ict or inconsistency
between the provisions of this Franchise and the provision~ 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 Cascade,
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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 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 Cascade or by Cascade 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 attorneyts 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.
Section 2. Effective Data. This ordinance shall become
effective ten (10) days from passage and publication.
APPROVED bx the City Council on the first reading this
PASSED by the City Council of the City of Bremerton this
L~NN HORTON
Council President
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ATTEST:
KAT}rLEEN L. McCLUSKEY
City Clerk --
The terms and conditions of the foregoing Franchise Ordinance No. 4342
are h'ereby accepted this 2nd day of October, 1991.
CASCADE NATURAL GAS CORPORATION
W. Br-lan Matsuyama~-~-PJze~ident
Donald E. Bennett - Corporate Secretary
Above ·acceptance received by:
Kathl~en ~cCluskey - City Cler~