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HomeMy WebLinkAbout0908ORDINANCE NO. .s1• AN ORDIIN ;ANCE of the City of Port Angeles, Clailam County, State of Washington, granting to Natural Gas Corporation of Washington, a cor- poration, its successors and assigns, a franchise for the purpose of fur- 1, nishing the citizens of Port Angeles, Washington, with gas for light, heat, fuel or any other lawful purpose, and the right, privilege and franchise to construct, maintain and operate gas works for the manufac- ture of gas, and to lay gas pipes and mains in the streets, avenues, alleys, highways and other public places of the City of Port Angeles, and specifying the limitations and conditions of such grant; and sub- mitting the same to the qualified voters of the City of Port Angeles for ratification or rejection. THE CITY COMMISSION OF THE CITY OF PORT ANGELES DOES ORDAIN AS FOLLOWS: Section 1. That the City of Port Angeles, Clailam County, Wash- ington, does hereby grant to the Natural Gas Corporation of Washington, a corporation, its successors and assigns, the right, privilege and franchise to construct, acquire, own, operate and maintain a plant for • the manufacture of gas for light, heat, power, fuel and other lawful purposes in said city, and the right, privilege and franchise to lay and construct and to thereafter operate, maintain, repair and replace a sys- tem of conduits, mains and pipe lines, together with such fixtures or ap- purtenances as the grantee, its successors and assigns, may deem neces- sary or convenient in connection therewith, in, under, along or across • all public streets, highways and alleys of said city for the purpose of transmitting and distributing natural or artificial gas to the public for heat, fuel, power and other lawful purposes for the term of Thirty - five (35) years from and after the effective date of this ordinance. i Section 2. That all work of said grantee, its successors or assigns, done in the public streets, highways or alleys aforesaid, shall be performed only under permit from and to the satisfaction and subject to the supervision of the City Engineer or other duly constituted repre- sentative of the City of Port Angeles, which permit shall be subject to such inspection cost as is or may from time to time be provided by ordi- nance. Section 3. That the location of all underground pipes and con- duits laid and maintained pursuant to the terms of this ordinance, in any public street, highway or alley, shall be such as the city engineer of the City of Port Angeles may direct; and the City of Port Angeles shall have the right to require said grantee, its successors or assigns, at its or their sole cost and expense to change the location of any pipe, conduit or other facility whenever the public convenience may be furthered thereby; and whenever any excavation shall be made pursuant to the author- ity hereby granted, the grantee, its successors or assigns, shall as soon as possible restore the public street, highway or alley excavated to good order, condition and repair and to the satisfaction of the City Engineer, and such excavation and all such work shall be done in com- pliance with the orders, rules, regulations and ordinances which during • the period of this franchise may be in force. Section 4. That nothing in this ordinance shall be deemed or con- strued to limit the power of the proper authorities of said city to prosecute and maintain public or local improvements, and whenever in the prosecution or maintenance of such improvements, it becomes necessary or convenient to remove, readjust, relocate or change any of the grantee's pipes, conduits or other facilities or appliances located in the public • streets, highways and alleys, the same shall be dome by and at the sole expense of the grantee, its successors or assigns. Section 5. Whenever it may be necessary or convenient in the oper411 ation or maintenance of the municipally owned underground structures, to construct, reconstruct or replace any of the property of any of the said municipally owned underground structures, and such construction, reconstruc- tion or replacement renders necessary the removal, readjustment, relocation, -2— or change of any of the conduits, pipes or other facilities or appliances of said grantee, then and in such event such removal, readjustment, relocation or change of property of said grantee shall be done by and at the sole expense of the grantee, its successors or assigns. Section $. That the grantee, by its acceptance of this ordinance and the franchise rights, privileges and authority hereby granted, for itself, its successors or assigns, covenants and agrees to and with the 0 City at all times to protect and save harmless the said City from all claims, actions, suits, liability, loss, Cost, expense or damage of every kind and description which may accrue to or be suffered by any per- son or persons by reason of the erection, construction, reconstruction, relocation, replacement, readjustment, maintenance, operation, repair, or use of the conduits, pipes and other facilities and appliances either owned or operated by said grantee, its successors or assigns, and in case any suit or action shall be instituted or begun against the City for damages arising out of or by reason thereof, further covenants and agrees upon notice to it, or them, of commencement of said action or suit, to defend the same at the sole cost and expense of said grantee, its suc- • censors or assigns, and in case judgment shall be rendered against said City in such suit or action, to satisfy fully said judgment within nine- ty (90) days after such suit or action shall have finally been determin- ed, if determined adversely to the City. Section 7. That said grantee, its successors or assigns, at or be- fore the time of commencing the initial construction and installation of its plant and system for the supplying of gas, shall file with the City Clerk a subsisting surety bond in the sum of $25,000 which bond shall be and remain in full force and effect until said plant and system is complete and ready to furnish gas to the consumers and from and after • the time when said service is commenced, the grantee shall execute- and file with the City Clerk a surety company bond in the sum of $5,000f which shall be and remain in full force and effect pending the full Perm of this franchise. Both bonds herein mentioned shall be conditioned that the grantee, its successors or assigns, shall and will, faithfully -3- comply with Lnd abide, and be bound, by the terms of this ordinance and all of the requirements thereof, and faithfully and timely keep and per- form each and every term, covenant, agreement, obligation and condition required or imposed upon it or them by this ordinance, and in accordance with its terms and restraints. Section 8. The grantee, its successors and assigns, shall at all times during the term of this franchise, keep on deposit with the City Treasurer of the City of Port Angeles, the sum of One hundred Dollars 4100.00), to be disignated as an "emergency fund ". Whenever, in the opinion of the City Commission of the City of Port Angeles, an emergency arises, or any dangerous' defect is found to exist in, upon or by reason of any of the grantee's pipes, conduits or other property, facilities or appliances, or in any portion of any public street, highway or alley, required by this franchise to be kept in repair or restored to good con- dition by said grantee, its successors or assigns, if, it or they fail on notice from said City Commission to immediately repair the same, the said City Commission shall cause such repair to be made at once, an if the grantee, its successors or assigns, shall not immediately pay the bill for the cost of such repair, when made out and presented at the of- fice of said grantee, its successors or assigns, in the City of Port An- geles, then said City Commission may draw the amount of such bill from such "emergency fund ", which fund shall be reimbursed by said grantee, its successors or assigns, without delay and kept up to said amount of One hundred MOO) Dollars, as aforesaid. The provisions of this sec.. tion are in addition to all other provisions herein contained on the sub- ject of repairing streets, and is not intended to modify or change any other provision or penalty of this franchise concerning the same. Section 9. That for a period of five years next following the date of the acceptance of this franchise, the said grantee, its successors or assigns, shall pay annually to the City of Port Angeles, one per cent of its gross annual income, from the operation of its gas plant and sale of gas within the corporate limits of the City of Port Angeles, as said -4`. corporate limits now exist or may hereafter be extended; and there- after for the remaining thirty years of said franchise shall pay an- nually to the City of Port Angeles two per cent per annummof such gross annual income. Payment of said percentage shall be made on or before the 15th day of March of each and every year for the pre- ceding calendar year. The payment of such percentage of such gross annual income is to be in addition to general taxes or improvement assessments paid by said grantee, its successors or assigns. Section 10. This franchise and the rights herein granted may be assigned, but no such assignment shall be of any force or effect until a copy thereof certified as such, by the Secretary or other proper officer of the grantee, shall be filed in the office of the City Clerk in the City of Port Angeles, nor until such assignment shall be consented to by resolution of the City Commission of the City of Port Angeles. Section 11. That at no time for the purpose of laying, relay- ing or removing said pipes, shall the public streets, highways and alleys be broken up or obstructed for a greater distance than two blocks, without special permission from the City Engineer of the City of Port Angeles, to be given in writing, and in all cases when it shall become necessary to dig ditches or excavate on any of the public streets, highways and alleys of said Ctty, the same shall be restored to as good condition as they were before such excavation without any unjeasonable delay. Section 12. Whenever any street, avenue, alley or other public place within said city is to be paved with any permanent pavement, the mains, pipes and connections of the grantee, its successors or assigns, shall be placed in said avenue, alley, street or other pub- lic place prior to the laying of said pavement at such time as shall be ordered by the City Engineer. Section 13. In all cases where practicable, the mains and pipes of the grantee, its successors or assigns, shall be laid in alleys so as not to unnecessarily tear up the streets; provided, that no park, -5- public square or public place of like nature shall be torn up if there is an equally practicable way around it, the practicability of said way to be decided by the City Engineer. Section 14. The said grantee shall do no permanent injury to • any street, sidewalk, shade trees or in any manner disturb or interfere with any water or sewer pipes, conduits or other underground work now or hereafter to be laid by the City or any authorized company or ear- • poration. Section 15. Whenever any grade or grades of any street, alley or avenue within the City of Port Angeles shall be changed or established, if none has been established at the time the mains, pipes or connec- tions of the grantee were laid, the grantee, its successors or assigns, at its or their own expense, shall change the mains, pipes and connec- tions to conform to the grades so established or changed. Section 16. Nothing in this ordinance shall be constructed as granting an exclusive franchise or privilege for the use of any street, alley, avenue or public highway or any part thereof. The rights, privi leges and franchises hereby granted are subject to the rights of the City Commission or the people of the City of Port Angeles, acting for themselves by the initiative and referendum at any time hereafter to re- peal, amend or modify the same, having due regard, however, to the rights of said grantee, its successors or assigns, and the interest of the pub- lic; and to the right of the City Commission or the people of the City of Port Angeles, acting as aforesaid, at any time hereafter to cancel, forfeit and abrogate such rights, privileges and franchises, if the same are not operated in full accordance with the provisions of this ordinance, or at all, and to the right of the City Commission or the people of the City of Port Angeles, acting as aforesaid, at any time hereafter, • to acquire by purchase or condemnation for the use of the City itself, all the property of said grantee and its successors or assigns, within the limits of the City of Port Angeles at a fair and just value, which shall not include any valuation of this franchise itself, except the Five hundred ($500.00) Dollars deposited by the grantee with the application -6- for this franchise and the franchise shall thereupon terminate and the Five hundred (500.00) Dollars deposit shall be returned to the grantee. Section 17. The said grantee shall forfeit and shall be deemed to have forfeited and abandoned, all rights, privileges and authority hereby conferred, unless, within thirty days after the effective date of this ordinance, it shall file in the office of the City Clerk, written • acceptance of the rights and privileges conferred, and which acceptance shall contain an express undertaking by the grantee, for itself and its successors or assigns, to faithfully comply with and abide and be bound by the terms of this ordinance and all of the requirements hereof, and to faithfully and timely keep and perform each and every term, covenant, agreement, obligation and condition required of, or imposed upon it or them by this ordinance, and in accordance with its terms and restraints. Section 18. The actual work of construction of the plant and laying of the pipes of the grantee shall be commenced within six months after the effective date of this franchise, and shall be prosecuted di -411 ligently and continuously from such time to completion, and the said plant and distribution system shall be constructed and in operation within twelve months from the effective date of this ordinance, and if not so constructed and completed within said time, all rights and pri- vileges under this franchise shall be forfeited, and this franchise may be declared null and void at the option of the City Commission of the City of Port Angeles. Section 19. That the first eighteen sections of this ordinance shall be and are hereby referred to the qualified electors of t,le City of Poxt Angeles for their approval or rejection at a special municipal election to be held in said City on the 9th day of September, 1930, and if the same shall receive in its favor a majority ()fall the votes cast for and against the same, it shall be in full force and effect from and after the canvassing of the votes of such election; and if it shall fail to receive the majority vote in its favor, it shall be considered as rejected and shall be of no force or effect. Section 20. That there be submitted to the qualified electors of the City of Port Angeles at a special mumicipal election to be held in said city on the 9th day of September, 1930, the proposition of the ratification or rejection of the first eighteen sections hereof. Section 21. That at the said special municipal election to be so held in the City of Port Angeles and in each of the several voting precincts therein on the 9th day of September, 1930, there shall be voted upon by the qualified electors of said city the proposition of the ratification or rejection of the first eighteen sections hereof. Section 22. That the proposition so submitted shall be voted up- on in the following manner, to- -wit:: There shall be placed on the baT.- lot a statement in substantially the following form: Shall Ordinance No. /'00 , granting a franchise to the :atural Gas Corporation of Washington, a • corporation, for a period of thirty -five (35) years, be ratified? YES. NO. • Every qualified elector at such election desiring to vote in favor of the ratification of said ordinance shall vote a ballot containing the word °Yes'. Every qualified elector at such election desiring to vote for the re- jection of said ordinance shall vote a ballot containing the word °NoOO. Section 23. This ordinance shall take effect and be in force from and after its passage, publication and approval by a majority of the 40 qualified electors of the City of Port Angeles. Passed by the City Commission of the City of Port Angeles in regular session assembled and signed by the Mayor and attested by the City Clem in authentication of such passage, this 'D*' day of July, 1930. City Clerk. , 1930. Mayor. ApproXed as tq form* -9- City Attorneys. • • 1 • • •