HomeMy WebLinkAbout3046ORDINANCE NO. 3046
AN ORDINANCE of the City of Port Angeles, Washington, authorizing the
assignment to Daishowa America Co., Ltd. of the franchise granted to
James River Corporation to construct, maintain, and operate electric
power lines by means of poles, wires or other means on certain streets,
alleys, and other places in the City, and amending Ordinance 2477.
Whereas, by Ordinance 2477 the City of Port Angeles heretofore granted to James River
Corporation of Nevada, its successors and assigns, the right to construct, maintain, and operate
electric power lines in the City of Port Angeles; and
Whereas, said James River Corporation has transferred or is transferring all of its assets
within the City of Port Angeles to Daishowa America Co., Ltd., which include the franchise set forth
xn Ordinance 2477; and
Whereas, the City of Port Angeles is willing to acknowledge the assignment of James
River's franchise, as set forth in Ordinance 2477, for the remainder of the term of said franchise,
provided that said franchise shall be modified as provided herein;
Now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
- IEREBY ORDAIN as follows:
Section 1. Section 1 of Ordinance 2477 is hereby amended to read as follows:
Section 1 - Grant of Authority. The City hereby grants unto
3f- Nevada Daishowa America Co., Ltd. and its successors and assigns (hereinafter called the
Company) the right, privilege, license, authority and franchise to erect, maintain and use, consistent
with the terms of this ordinance, poles, wires, cables or other suitable facilities for the transmission
of electrical energy over, along and across the streets, alleys and other places in the City of Port
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Angeles, as generally indicated by the map attached hereto as Exhibit "A ", and as specifically
described in the description attached hereto as Exhibit "B ", which Exhibits A and B are incorporated
herein by this reference.
Section 2. Section 9 of Ordinance 2477 is hereby amended to read as follows:
Section 9. Franchise Compensation.
(1) As compensation for the franchise granted by this ordinance, and in
consideration of the right herein granted Company to use public property which
Company is now by law otherwise authorized to use, Company shall pay to City
an amount equal to $250.00 per year and shall grant the City the right, privilege,
license, and authority to use Company's poles for the transmission of electrical
energy over, and for telecommunications and other facilities that may be
beneficial to the City. provided that such facilities do not interfere with the
Company's transmission of power, along and across the streets, alleys and other
places in the City of Port Angeles as generally indicated in Exhibit "A" and as
specifically described in Exhibit "B ", such uses to be limited to the lower thirty -
five (35) feet, measured from the ground.
(2) The fee required by this section shall be due and payable on or before the 15`h
day of February for the preceding twelve -month period.
(3) City's acceptance of any payments due under this section shall not be considered
a waiver by City of any breach of this franchise.
Section 3 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstance, is held invalid, the remainder of the Ordinance, or application of the
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provisions of the Ordinance to other persons or circumstances, is not affected.
publication.
Section 4 - Effective Date. This Ordinance shall take effect five days after the date of
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 7th day of March
ATTEST:
3ecky J. Urn, Sdity Clerlf
APPROVED AS TO FORM:
/1/(/*
Craig D. Kn tson, City Attorney
PUBLISHED: March 12, 2000
By Summary
k:12000_O1.ord.wpd
, 2000.
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Summary of Ordinance Adopted by the
Port Angeles City Council
on March 7, 2000
Ordinance No. 3046
This Ordinance of the City of Port Angeles authorizes the assignment to Daishowa
America Co., Ltd. Of the franchise granted to James River Corporation to construct,
maintain, and operate electric power lines by means of poles, wires or other means
on certain streets, alleys, and other places in the City, and amends Ordinance No.
2477.
The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed
upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This Ordinance
shall take effect five days after the date of publication of this summary.
Publish: March 12, 2000
Becky J. Upton
City Clerk