Loading...
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 1 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 2 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. 3 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