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HomeMy WebLinkAbout3090ORDINANCE NO. 3090 AN ORDINANCE of the City of Port Angeles, Washington, granting the Public Utility District No. 1 of Clallam County, Washington, the non - exclusive right, privilege, authority, and franchise to own, operate and maintain facilities on any street in the City for the sole purpose of transmission and distribution of electric energy and repealing Ordinance No. 1200. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY DRDAIN as follows: Section 1 - Specific Grant. There is hereby granted, subject to the District's acceptance of the terms of this franchise as provided herein, for a term as described below, unless otherwise terminated as Provided for herein, to the District, its successors and assigns, the non - exclusive right, privilege, and authority to own, operate and maintain an overhead or underground electric transmission and 3istribution system, along and across portions of the franchise area. This franchise is conditioned upon the terms and conditions contained herein and the District's compliance with any federal Dr state regulatory agencies with jurisdiction over the District. By granting this franchise, the City is not assuming any risks or liabilities by way of District activities therefrom, which shall e solely and separately borne by the District. The City is specifically granting the District authority to operate and maintain its existing facilities. No retail customers within the City limits may be served without obtaining he City's permission. No facilities within the City limits may be enlarged, improved, or expanded without obtaining the City's permission, which can not be unreasonably denied, pursuant to applicable ordinances, codes, resolutions, agreements, standards, and procedures that nay require an amendment to this franchise. The District agrees to obtain all lawfully required City, state or federal permits, consents, or franchises or other required authorizations in the event 1 the District seeks to provide or to allow others to use its electric transmission and distribution facilities for purposes not authorized by this grant. Section 2 - Definitions. Where used in this franchise (the "franchise ") the following terms shall have the following meanings: "District" means the Public Utility District No. 1 of Clallam County, Washington, and its successors and assigns. "City" means the City of Port Angeles, Washington, and its successors and assigns. "City Manager" means the City Manager of Port Angeles or his/her designee. "Electric transmission and distribution services" includes and is limited to the transmission and distribution of electric power across the District's electric facilities and use of wireless communications facilities to be utilized solely by the District in the operation of its electrical system. The definition of electric transmission and distribution services, by way of example, does not include retail electric services, water or sewer services, placement of telecommunications infrastructure or use of District structures to locate communications facilities. "Force majeure" shall mean delays due to acts of God, war, civil disturbances, fire, unavoidable casualty, construction delays due to weather, failure of supplier(s), labor dispute, Jr for other similar causes beyond the control of the District. "Franchise area" means all of the roads, streets, avenues, alleys, highways, and public ways of the City as now, and as may hereafter be, laid out, platted, dedicated, or improved within the present limits of the City and as such limits may be hereafter extended. "Facilities" means substations, poles (with or without cross arms), electric transmission and distribution wires, lines, conduits, cables, braces, guys, anchors, vaults, meters, 2 and all necessary or convenient facilities and appurtenances thereto, whether the same be located overhead or underground. "Ordinance" means this Ordinance No., which sets forth the terms and conditions of this franchise. Section 3 - Franchise Term. The term of this franchise shall commence on February 20, 2001 and shall extend for a period of five (5) years. The District may obtain up to five (5) automatic extensions of the term of this franchise for additional five (5) year periods, not o exceed a maximum term of twenty -five (25) years, if the District is in substantial compliance with the material terms and conditions of this franchise as affirmatively determined by the City Manager and evidenced in the City Manager's written report to the City Council. Section 4 - Right -of -Way Construction, Use, Maintenance and Operation. In furtherance of the public interest in safety, health and public welfare and to facilitate the safe management of public rights -of -way, the maintenance and operation of the District's electric transmission and distribution facilities and property shall be subject to all generally applicable City requirements and ordinances as now or hereafter amended. Nothing in this franchise shall be deemed to impose any duty or obligation upon the City to determine the adequacy or sufficiency of the District's plans and designs or to ascertain whether the District's proposed or actual construction, testing, maintenance, repairs, replacement, or removal is in conformance with the plans and specifications reviewed by the City. The District shall be solely and completely responsible for workplace safety and safe working practices on its job sites within the franchise area, including safety of all persons and property during the performance of any work therein. The District shall continuously be a member of the State of Washington "One all" system, or approved equivalent, and shall comply with applicable notification and response -3 requirements. In consideration of existing agreements and the City allowing the District to use the franchise area for its utility poles, the City shall have the right to maintain existing facilities and attach new City facilities to the District's utility poles as herein described. The City may, at no charge, upon obtaining the District's permission, which cannot be unreasonably denied, attach to District owned utility poles City aerial facilities (not including telecommunications). The City reserves the right to lay and permit to be laid, sewer, gas, water, telecommunications, electric, and other pipe lines or cables and conduits, and do and permit to be done, any underground and overhead work, and any attachment, restructuring, or changes in aerial facilities that may be deemed necessary or proper by the City Manager in, across, along, over, or under any public street, alley, or right -of -way occupied by the District, within the City limits. The City may apply for a pole contact agreement with the District for attachment of City telecommunications facilities on District utility poles. The District may, at no charge, upon obtaining the City's permission, which cannot be unreasonably denied, attach to City owned utility poles and lay and permit to be laid, electric cables and conduits, and do and permit to be done, any underground and overhead work, and any attachment, restructuring, or changes in aerial facilities that may be deemed necessary or proper by the District in, across, along, over, or under any public street, alley, or right -of -way occupied by the City, within the City limits. The City and the District recognize that joint use of utility poles currently exists and that it is not the intent to require requesting permission of either party for those joint use areas. In the event that, during the term of this franchise, the City authorizes abutting landowners to occupy space under the surface of any public street, alley, or right -of -way, such 4 rant to an abutting landowner shall be subject to the rights herein granted to the District. In the vent that the City shall close or abandon any public street, alley, or right -of -way, which contains ny portion of the District's electric transmission and distribution facilities, any conveyance of and contained in such closed or abandoned public street, alley, or right -of -way shall be subject o the rights herein granted. The City is required to grant an easement to the District prior to onveyance. During the term of this franchise, the District shall be liable for the acts or missions of any entity used by the District (including an affiliate), when such entity is involved irectly or indirectly in the operation and maintenance of the District's electric transmission and istribution facilities to the same extent as if the acts or omissions of such entity were the acts r omissions of the District. Within ninety (90) days following written notice from the City, or within a longer eriod if authorized by the City, the District shall, at its own expense, except where District has n underlying easement, temporarily or permanently remove, relocate, change, or alter the osition of any of its electric transmission and distribution facilities or other of its facilities that re within the franchise areas, whenever the City shall have determined that such removal, elocation, change, or alteration is reasonably necessary. In the event of removal of all or a ortion of its facilities, the District shall restore the franchised property area as nearly as possible o the condition that existed prior to installation of the District's facilities. Such property estoration work shall be done at the District's sole cost and expense and to the City's .atisfaction. If the District is required to remove facilities and to restore the premises and fails o do so, the City may, after reasonable notice to the District, remove the facilities, restore the .remises, or take such other action as is reasonably necessary at the District's expense and the ity shall not be liable therefore. This remedy shall not be deemed to be exclusive and shall not 5 revent the City from seeking a judicial order directing that the facilities be removed. Nothing in this franchise shall authorize the District to attach any part of its lectric transmission and distribution facilities to any City property or facilities or to use any ity -owned conduits or facilities until the District has obtained all required agreements, permits, nd licenses from the City, for such rights of attachment or use. None of the rights granted herein hall restrict the City's ability or jurisdiction over its property, streets, or rights -of -way. Section 5 - Underground Installation of Distribution Facilities. In connection with City improvement of the franchise area, the City may by 'tten notice to the District, request District to underground its existing distribution facilities of 15,000 volts or less) within the franchise area improved by the City. If the District elects to install new overhead distribution facilities (of 15,000 volts r less) within the franchise area or a new extension of existing overhead distribution facilities ithin the franchise area, the District shall apply for a City right -of -way construction permit. The ity may by written notice to the District request the District to install such facilities nderground within the franchise area. Section 6 - Safety Requirements. The District, in accordance with applicable national, state and local safety equirements, shall at all times employ ordinary care and shall install and maintain and use ommonly accepted methods and devices for preventing failures and accidents which are likely o cause damage, injury, or nuisance to the public. All structures and all lines, equipment and onnections in, over, under and upon the streets, sidewalks, alleys, and public ways or places of license, master permit, or lease area, wherever situated or located, shall at all times be kept and aintained in a safe, suitable condition, and in good order and repair. If a violation of the ational Electrical Safety Code or other applicable regulation is found to exist, the City may, -6- after discussion with the District, establish a reasonable time for the District to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the District. Section 7 - Annexation. Annexation of unincorporated areas within the City's urban growth area, including City consideration of acquisition of District electric transmission and distribution facilities, shall comply with Chapter 35A.14 RCW, Annexation by Code Cities, this franchise, and the Electrical Service Area Agreement between the City and the District, which by this reference incorporated as part of this franchise. Section 8 - Compensation to the City. To the extent consistent with federal and state law, the compensation set forth in this Section shall be limited to all special assessments and taxes of whatever nature, including, but not limited to, ad valorem taxes, utility taxes, street cut permits, and assessments for recovery of costs incurred by the City such as those directly related to preparing, receiving, and approving this franchise, reviewing and approving requests to assign or transfer this franchise, construction permits, inspecting plans and construction, and environmental review documents pursuant to Chapter 43.21C RCW. District payment of compensation under this Section shall not in any way limit or impair any of the privileges or regulatory, annexation, condemnation, police powers, or taxing rights of the City, whether under this franchise or otherwise. City acceptance of any compensation shall not be construed as an accord that the amount paid is the correct amount, nor shall such acceptance be construed as a release of any claim which the City may have for additional sums payable under the provisions of this Section. RCW 35.21.860 currently prohibits a municipal franchise fee for permission to 7 use the right of way from any person engaged in the " light and power business," as defined in RCW 82.16.010. The City reserves the right to amend this franchise to impose and receive a franchise fee of a percentage, up to the maximum allowed by law, of the District's gross receipts from its business activities in the City, if the statutory prohibition is repealed or for other light and power activities not covered by the statutory prohibition. It is acknowledged that the District has paid an occupation license tax and will continue to do so as required. Section 9 - Accounts, Records and Reports. The City Manager or designee may, at any time, make written inquiries pertaining to the District's performance of the terms and conditions of this franchise. The District shall respond to such inquiries on a timely basis. Upon written request by the City Manager, as soon s reasonably available but no later than thirty (30) days from such request, the District shall provide, at City expense and as allowed by law, the City access or copies of customer addresses within the franchise area and records as to all matters in connection with or affecting the expansion, reconstruction, removal, maintenance, operation, and repair of the District's electric transmission and distribution facilities in the franchise area. The City shall extend the time for provision of such information upon a reasonable showing by the District that such extension is justified. The District shall keep complete and accurate books of accounts and records of its business and operations pursuant to this franchise in accordance with generally accepted accounting principles. Upon the City Manager's thirty (30) day written request, the District shall make available to the City, at City expense and to the extent allowed by law, its books and records to examine, audit, review, and/or obtain copies of the papers, books, accounts, documents, maps, plans, and other records of the District pertaining to all revenue derived by the District from the 8 operation of the electric transmission and distribution facilities to provide electric transmission services in order to verify the accuracy of payments. The District shall fully cooperate in making available its records and otherwise assisting in these activities. The City shall extend the time for the provision of such information upon a reasonable showing by the District that such extension is justified. The City will maintain confidentiality of information provided by the District to the extent permitted by law when the District has notified the City of the confidential nature of the information. Section 10 - Sanctions. If the City has reason to believe that the District is in violation of this franchise, after informal and cooperative efforts have failed, the City Manager shall notify the District in writing of the violation, setting forth the nature of such violation. Within thirty (30) days of receipt of such notice, or such longer period specified by the City Manager, the District shall respond in writing that the violation has been cured, provide a cure plan or schedule that satisfies the City Manager, or provide an explanation in refutation or excuse with documentation to support that an alleged violation did not occur or should be excused. The District shall be allowed thirty (30) days to cure violations after written notice s received from the City, by taking appropriate steps to comply with the terms of this franchise Drdinance and any lawful regulations. If the nature of the violation is such that it cannot be fully :ured within 30 days due to circumstances not under the District's control, the period of time in which the District must cure the violation shall be extended by the City Manager in writing for such additional time reasonably necessary to complete the cure, provided that (i) the District shall lave promptly commenced to cure and (ii) the District is diligently pursuing its efforts to cure n the City Manager's reasonable judgment. 9 If the violation has not been cured within the time allowed above, the District shall be liable for liquidated damages for the following violations and in the following amounts: 1. Failure to promptly provide data, documents, reports, insurance, or information to the City, in accordance with this franchise: two hundred ($200) dollars per day for each day such failure continues. 2. Failure to comply with lawful City requirements, including but not limited to: Revenue and Finance, Title 3 PAMC; Business Licensing and Regulation, Title 5 PAMC; Streets and Sidewalks, Title 11 PAMC; and Public Utilities, Title 13 PAMC, as now or hereafter amended, in accordance with this franchise: two hundred ($200) dollars per day for each day such failure continues. 3. Failure to comply with lawful City requirements concerning payment of compensation in accordance with this franchise: two hundred ($200) dollars per day for each day such failure continues. 4. Failure to comply with agreements referenced and incorporated into this franchise: two hundred ($200) dollars per day for each day such failure continues. 5. Failure to comply with all other lawful City requirements incorporated into this franchise: two hundred ($200) dollars per day for each day such failure continues. The District agrees that each of the foregoing failures shall result in injuries to the City and its citizens, the compensation for which would be difficult to ascertain and to prove. Accordingly, the District agrees that the foregoing amounts are liquidated damages, not a penalty or forfeiture. Notwithstanding any other provision of this franchise, upon the District's request, - 10- he District shall be afforded an opportunity to show that a violation has not occurred, and the ity Manager may not act until the administrative hearing, as provided for herein, is concluded nd a determination has been made on whether a violation has occurred. This opportunity shall onsist of an administrative hearing upon thirty (30) days' notice before an impartial hearing xaminer jointly designated by the City and the District within thirty (30) days of the District's equest. If, as a result of the administrative hearing, the hearing examiner determines that violation has not occurred, the City shall pay all of the expenses related to the administrative earing. If a violation has occurred, the District shall pay the expenses. After the conclusion of he administrative hearing, either party may seek any remedies which it may have at law. Upon evidence being received by the City that violations of this franchise or any rdinances lawfully regulating the District in the operation and maintenance of its electric ransmission and distribution system have occurred, or continue to occur after the thirty (30) day eriod and any additional time necessary to cure, the City may cause an investigation to be made. f the City finds that such a violation continues to exist or has occurred, then the City may take : ny action authorized by law, including forfeiture of this franchise and a suit in court to compel ompliance. In any such proceeding, the non - prevailing party shall be required to pay the prevailing party's damages and costs (including attorney fees). The District may be allowed, ither by the court in the judgment of forfeiture or by order of the City Council, a reasonable time hereafter, as fixed by such judgment or order, to correct the default and pay such expenses, amages, and costs as it may be adjudged to pay, and if the District does so correct and so pay ithin such time, forfeiture shall not become effective nor be enforced. Failure by the City or the District to enforce any rights under this franchise does of constitute a waiver of such rights. Section 11 - Insurance. The District shall obtain and maintain in full force and effect throughout the term of this franchise insurance with a self - insured risk pool as authorized under Washington law or with an insurance company licensed to do business in the State of Washington and acceptable to the City Manager. All companies will be required to be rated A -VII or better by A.M. Best or A or better by Standard and Poors or as approved by the City Manager. The District shall provide the City with certificates of the insurance required herein at the time of filing the acceptance of franchise. The City reserves the right to review these insurance requirements during the effective period of the franchise and to reasonably adjust insurance coverage and limits when deemed necessary and prudent by the City Manager based upon the recommendation of the Washington Cities Insurance Authority or changes in statutes, court decisions, or the claims history of the industry or the District. Subject to the District's right to maintain reasonable deductibles in such amounts as are approved by the City Manager, the District shall obtain and maintain in full force and effect for the duration of this franchise, at the District's sole expense, insurance coverage in the following type and minimum amounts: 1. Comprehensive general liability insurance with limits not less than: a. One million dollars ($1,000,000.00) for bodily injury or death to each person; b. One million dollars ($1,000,000.00) for property damage resulting from any one (1) accident; c. One million dollars ($1,000,000.00) for all other types of liability. 2. Automobile liability for owned, non - owned, and hired vehicles with a limit of one million dollars ($1,000,000.00) for each person and one million dollars - 12 - ID 1 ($1,000,000.00) for each accident. The liability insurance policies required by this section shall be maintained by the istrict throughout the term of the franchise and such other period of time during which the istrict is operating without a franchise hereunder or is engaged in the removal of its facilities. The District agrees that with respect to the above - required insurance, all insurance ertificates will contain the following required provision: Name the City of Port Angeles and its officers, employees, board members, and elected representatives as additional insured parties as to all applicable coverage (except worker's compensation). The policy clause "other insurance" shall not apply to the City of Port Angeles. t is the intention that insurance policies protecting the District and the City shall be primary overage for all losses covered by the policies. Companies issuing the insurance policies shall have no recourse against the City f Port Angeles for payment of any premiums or assessments which all are set at the sole risk of he District. Insurance policies obtained by the District shall provide that the issuing company aives all right of recovery by way of subrogation against the City in connection with any amage covered by these policies. Section 12 - Indemnity. The District shall defend, indemnify, and hold the City harmless from and against 11 damages, costs, losses, or expenses for the repair, replacement, or restoration of the City's roperty, equipment, materials, structures, and facilities, which are damaged, destroyed, or found o be defective as a sole result of the District's negligence, willful misconduct, or strict liability. The District, for itself and its agents, employees, subcontractors, and the agents nd employees of said subcontractors, shall defend, indemnify, and hold the City, its successors, - 13 - assigns, officers, employees and elected officials harmless from and against any and all claims, demands, suits, causes of action, and judgments for: (i) damage to or loss of the property of any person (including, but not limited to the District, its agents, officers, employees and subcontractors and the City, its agents, officers and employees, and third parties); and/or (ii) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the District, the District's subcontractors, the City, and third parties), arising out of, incident to, concerning, or resulting solely from the negligence, willful misconduct or strict liability of the District, its agents, employees, and/or subcontractors, in the performance of all activities and services pursuant to this franchise, no matter how, or to whom, such loss may occur. The City shall defend, indemnify, and hold the District harmless from and against all damages, costs, losses, or expenses for the repair, replacement, or restoration of the District's property, equipment, materials, structures, and facilities, which are damaged, destroyed, or found to be defective as a sole result of the City's negligence, willful misconduct, or strict liability. The City, for itself and its agents, employees, subcontractors, and the agents and employees of said subcontractors, shall defend, indemnify, and hold the District, its successors, assigns, officers, employees and elected officials harmless from and against any and all claims, demands, suits, causes of action, and judgments for: (i) damage to or loss of the property of any person (including, but not limited to the City, its agents, officers, employees and subcontractors and the District, its agents, officers and employees, and third parties); and/or (ii) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the City's subcontractors, the District, and third parties), arising out of, incident to, concerning, or resulting solely from the negligence, willful misconduct or strict liability of the City, its agents, employees, - 14 - and/or subcontractors, in the performance of all activities and services pursuant to this franchise, no matter how, or to whom, such loss may occur. In the event that any such damage, claim or loss is found by a court of competent jurisdiction to be caused by the concurrent fault of both the District and the City, then each party shall indemnify the other to the full proportionate extent that each party is determined to be at fault. It is the intention of the parties, and they expressly agrees, that the provisions of this section shall not exclude claims, damages, and losses caused in part, but not wholly, by the negligence of a party, even if said party is more negligent than the other. Should a court of competent jurisdiction determine that this franchise is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the District and the City, its officers, officials, employees, and volunteers, the parties' liability hereunder shall only be to the extent of each party's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the parties' waiver of immunity under Title 51 RCW, Industrial Insurance, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this waiver shall survive the expiration of this franchise. The parties shall give each other prompt written notice of any claims or suits. Each party shall have the right to investigate, defend, and compromise such claims or suits to the extent of its own interests. The City shall give the District complete and total access to any and all records pertaining to said claim or suit. Section 13 - Notices. All notices from the District to the City pursuant to this franchise shall be directed :o the City Manager at P.O. Box 1150, Port Angeles, Washington 98362 -0217 or to such person - 15 - as designated by the City Manager. All notices from the City to the District pursuant to this franchise shall be directed to the General Manager at P.O. Box 1090, Port Angeles, Washington 98362, or to such person as designated by the General Manager. The District shall maintain within the Clallam County area throughout the term of this franchise an address for service of notices by mail. The District shall also maintain within the Clallam County area a local telephone number operational during normal business hours for the conduct of matters related to this franchise. Any change in address or telephone number shall be furnished to the City ten (10) days prior to the change. Any change to City ordinances that effect the District's compliance with this franchise shall be furnished to the District upon request. Section 14- Forfeiture and Termination. In addition to all other rights and powers retained by the City under this franchise or otherwise, the City reserves the right to forfeit and terminate this franchise and all rights and privileges of the District hereunder in the event of a material breach of its terms and conditions, subject to reasonable notice and opportunity to cure. A material breach shall not be deemed to have occurred if the violation occurs without the fault of the District or occurs as a result of circumstances beyond its control; provided however, that the District shall not be excused from performance of any of its obligations under this franchise by economic hardship or misfeasance or malfeasance of its directors, officers, employees, subcontractors, or agents. A termination shall be declared only by a written decision of the City Council, by ardinance, resolution or motion, after an appropriate public proceeding which shall accord the District due process and full opportunity to be heard and to respond to any notice of grounds to ; erminate. The City shall provide the District at least fifteen (15) days prior written notice of any public proceeding concerning the proposed termination of this franchise. Such notice shall state ;he grounds for termination alleged by City. - 16- The City Council, after the public proceeding, and upon finding the existence of grounds to terminate, may either declare this franchise terminated or excuse such grounds upon a showing by the District of mitigating circumstances or good cause for the existence of such grounds. Neither the District's acceptance of this franchise, the District's appearance before the City Council at any public proceeding concerning the proposed termination of this franchise, nor any action taken by the City Council as a result of any such public proceeding, including a declaration of termination or a finding of grounds to terminate, shall be construed to waive or otherwise affect the District's right to seek dispute resolution of the rights and responsibilities of the parties under this franchise. Section 15 - Governing Law. This franchise is subject to the provisions of the Constitutions and laws of the United States of America and the State of Washington and the municipal code and ordinances of the City of Port Angeles. Section 16 - Force Majeure. The time within which the District shall be required to perform any act under the franchise shall be extended by a period of time equal to the number of days performance is delayed due to a force majeure. The District shall not be subject to any penalty hereunder Because of acts or failure to act due to force majeure. Section 17 - Severability. Except as provided below, if any section, subsection, sentence, clause, phrase, ;erm, provision, condition, covenant or portion of this franchise is for any reason held invalid or unenforceable by any court of competent jurisdiction, or superseded by state or federal egislation, rules, regulations or decision, the remainder of this franchise shall not be affected - 17 - thereby but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof, and each remaining section, subsection sentence, clause, phrase, provision, condition, covenant and portion of this franchise shall be valid and enforceable to the fullest extent permitted by law. If any material provision of this franchise is for any reason held invalid or unenforceable by any court of competent jurisdiction, or superseded by state or federal law, rules, regulations or decision so that the intent of these provisions is frustrated, the parties agree to immediately negotiate a replacement provision to fulfill the purpose and intent of the superseded provisions consistent with applicable law. Section 18 - Acceptance of Franchise. The District shall, on or before July 18th, 2001, file in the office of the City Clerk a written instrument accepting this franchise and all terms and conditions thereof, signed and acknowledged by its proper officers in a form acceptable to the City, certificates of insurance, and a complete set of current drawings or in a computer readable electronic format if available, of the District's facilities within the City, including identification of transmission and distribution facilities within the City. All of said documents shall be in compliance with the requirements of this franchise ordinance. Section 19 - General Provisions. The 6/5/2000 Maintenance And Operating Agreement For Electric Transmission Lines 1 & 2 agreement in effect prior to acceptance of this franchise is attached hereto and is hereby incorporated into this franchise. Termination of any agreements incorporated into this franchise by said reference may require an amendment to this franchise, as determined by the City in its sole discretion. The City and the District agree to negotiate in good faith any additional - 18 - agreements that may reasonably be required to implement the terms and conditions of this Agreement. Each party shall use reasonable best efforts to take all actions necessary or appropriate to enable it to carry out its obligations under this franchise. If any suit or other action is instituted in connection with any controversy arising under this franchise, the prevailing party shall be entitled to recover all of its costs and expenses including such sum as the court may judge reasonable for attorney's fees, including fees upon appeal of any judgment or ruling. Any remedies provided for under the terms of this franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. Section 20 - Assignment of Franchise. Neither this franchise, nor a substantial portion of the electric transmission and distribution facilities held by the District for use under this franchise which are in the franchise area, nor any rights or privileges of the District under this franchise, either separately or collectively, shall be sold, resold, assigned, transferred or conveyed by the District to any other person, firm, affiliate or entity, without the prior written consent of the City. Such approval shall not be unreasonably withheld. Should the District sell, assign, transfer, convey, or otherwise dispose of any of its rights or interests under this franchise, including the District's electric transmission and distribution facilities or capacity on its electric transmission and distribution facilities, or attempt to do so, without the City's prior consent, the City may revoke this franchise for default, in which event all rights and interest of the District shall cease. Any transfer in violation of this section shall be null and void and unenforceable. The District agrees to promptly pay to the City a sum of money sufficient to reimburse it for all reasonable expenses incurred by the City in review of such an assignment or transfer as provided for in this section, unless said - 19 - assignment or transfer is to the City. Section 21 - Repealer. The electric transmission franchise Ordinance No. 1200, approved by City Council on 11/28/1948, which expired on 11/28/1998, is hereby repealed. Section 22 - Effective Date. This franchise shall take effect five days after publication, subject to acceptance by the District in accordance with the provisions of this franchise. PASSED by the City Council of the City of Port Angeles at a regular meeting of aid Council held on the 18th day of June, 2001. ATTEST: PUBLISHED: APPROVED AS TO FORM: ty Clerk Craig D. i son, City Attorney June 24, 2001 By Summary 2001- 18.ord.wpd Summaries of Ordinances Adopted by the Port Angeles City Council on June 18, 2001 Ordinance No. 3082 This Ordinance of the City of Port Angeles amends Ordinance 2818 as amended and the Comprehensive Plan by revising the City's planning areas to specifically designate the area east of Race Street and the Port Angeles Urban Growth Area (UGA), by amending a policy in the Commercial Goals and Policies section of the Land -Use Element to clarify the intent, by amending policies in the Transportation Element to comply with the Growth Management Act, by amending policies in the Utilities and Public Services Element to allow for City services and facilities in the UGA without annexation, by adding a new item to the Objective section of the Conservation Element to facilitate compliance with the Endangered Species Act, and by amending sections of the Transportation Element, the Utilities and Public Services Element, and the Capital Facilities Element as requested by the Nonmotorized Advisory Committee. Ordinance No. 3083 This Ordinance of the City of Port Angeles regulates telecommunications facilities within City rights -of -way, establishes fees for such facilities, and adopts Chapter 11.14 of the Port Angeles Municipal Code. Ordinance No. 3084 This Ordinance of the City of Port Angeles regulates pole attachments within the City of Port Angeles and adopts Chapter 13.14 of the Port Angeles Municipal Code. Ordinance No. 3085 This Ordinance of the City of Port Angeles establishes reasonable fees to cover the costs of the Planning Department and Public Works Department associated with wireless telecommunication towers and/or electric or telecommunications facilities and amends Ordinance 2789 as amended and Chapter 3.70 of the Port Angeles Municipal Code. Ordinance No. 3086 This Ordinance of the City of Port Angeles relates to the City's business license regulations and the City's public utility tax for telecommunications businesses and amends Ordinances 2050 and 2183 as amended and Chapters 5.04 and 5.80 of the Port Angeles Municipal Code. This Ordinance takes effect on January 1, 2002. Ordinance No. 3087 This Ordinance of the City of Port Angeles relates to construction or excavation work within rights -of -way and amends Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles Municipal Code. Ordinance No. 3088 This Ordinance of the City of Port Angeles revises the City's right of way use regulations and amends Ordinance 2350 as amended and Chapter 11.12 of the Port Angeles Municipal Code. Ordinance No. 3089 This Ordinance of the City of Port Angeles regulates wireless telecommunication towers and facilities within the City, establishes definitions, standards, and criteria for such facilities, amends Ordinance 1709 as amended, and amends Chapter 17.08 and adopts Chapter 17.52 of the Port Angeles Municipal Code. Ordinance No. 3090 This Ordinance of the City of Port Angeles grants the Public Utility District No. 1 of Clallam County, Washington, the non - exclusive right, privilege, authority, and franchise to own, operate and maintain facilities on any street in the City for the sole purpose of transmission and distribution of electric energy and repeals Ordinance No. 1200. This franchise shall take effect five days after publication by summary, subject to acceptance by the District in accordance with the provisions of the franchise. The full texts of the Ordinances are 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. Unless otherwise stated above, these Ordinances shall take effect five days after publication of these summaries. Becky J. Upton City Clerk Publish: June 24, 2001