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HomeMy WebLinkAbout3370 +--------------------------------------------------------------------------+ -:Enter Search Criteria, Press Esc Key to Transmit --Press Del Key to Terminate Delete Mode + CHANGE + Contract Number + =l=Vendor Name - :Subj ect ':Department +Status Code =1= Contract Transactions + =1= 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) +--------------------------------------------------------------------------+ ~Enter Search Criteria, Press Esc Key to Transmit "Press Del Key to Terminate Delete Mode - - CHANGE n Contract Number Contract Transactions 3370 "Vendor Name "Subj ect , ,Department "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 " .'- +--------------------------------------------------------------------------+ 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 +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 23 Record(s) MAINTAIN Contract Transactions + + 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 11 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, 12 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 13 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~