HomeMy WebLinkAbout4.4 Amendment (13)i
P.O. Box 951
,ORT ANGELES, WASH. 98362
Phone 452 -9771
f PIIILIP K. JACKSON, Manat;ri
BC
City of of Port Angeles
140 West Front Street
Port Angeles, Washington 98362
Attention Mr. T. G. Honnold
Superintendent Light Dept.
Gentlemen:
OF CLALLAM COUNTY
February 2, 1976
Enclosed are two executed copies of the City PUD Agreement
for joint pole construction on Peabody Street, between Park
Street and Ahlvers Road resulting from LID 198.
Sincerely,
Carl H. Olsen
Superintendent
BOARD OF COMMISSIONI ;It
A. E. Fletcher, President
William McCrone, -Vice Prr i „r•
Russell Bayton, Secretarti
CHO /ls
Enc: Agreement (2)
CLALLAM COUNTY LIVES BETTER Electrically
A G R E E M E N T
i
THIS AGREEMENT made and entered into this day
of January, 1976, between the CITY OF PORT ANGELES, a munici-
pal corporation, hereinafter called the "City," and the PUBLIC
UTILITY DISTRICT FOR CLALLAM COUNTY, a municipal corporation,
hereinafter called the "District," WITNESSETH:
WHEREAS the changes being made by the City provided for
under LID #198 require that all of the District's facilities
on the west side of Peabody Street from the centerline of Park
Avenue to the south margin of Ahlvers Road be set back and
relocated; and
WHEREAS the City has made plans for rebuilding and up-
grading its facilities on the east side of Peabody Street; and
WHEREAS the best interests of the customers of both the
City and the District who are provided electrical service is
best served both from the standpoint of a substantial savings
in construction costs and from the standpoint of improved
aesthetics by the construction of a joint overhead distribution
facility on the west side of Peabody Street between Park Avenue
and Ahlvers Road;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained the parties agree as follows:
1. The City and the District will construct a joint
overhead distribution facility on the west side of Peabody
Street in Port Angeles, Washington from the centerline of Park
Avenue to the south margin of Ahlvers Road as shown on a sketch
of this distribution facility, marked Exhibit A, attached to
this agreement and made a part thereof by reference.
8. In the event of a relocation of thc..; facilities
required by land development, new plats or customer's
requests, the City shall be responsible for providing the
necessary poles and labor costs for the installation of new
poles and removal of old poles. Each of the parties shall
be responsible for the transferring of their facilities to
the new poles.
9. Both parties will carry liability insurance in an
amount sufficient to protect against all claims for damages
to persons or property arising out of the use of, or in any
way in connection with, the joint facilities provided for in
this agreement. Each party will advise the other as to its
insurance coverage on this facility on request.
IN WITNESS WHEREOF the parties have set their hands
the day and year first above written.
CITY OF PORT ANGELES
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PUBLIC UTILITY DISTRICT FOR CLALLAM
COUNTY
By Z
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A G R E E M E N T
THIS AGREEMENT made and entered into this day
of January, 1976, between the CITY OF PORT ANGELES, a munici-
pal corporation, hereinafter called the "City," and the PUBLIC
UTILITY DISTRICT FOR CLALLAM COUNTY, a municipal corporation,
hereinafter called the "District," WITNESSETH:
WHEREAS the changes being made by the City provided for
under LID #198 require that all of the District's facilities
on the west side of Peabody Street from the centerline of Park
Avenue to the south margin of Ahlvers Road be set back and
relocated; and
WHEREAS the City has made plans for rebuilding and up-
grading its facilities on the east side of Peabody Street; and
WHEREAS the best interests of the customers of both the
City and the District who are provided electrical service is
best served both from the standpoint of a substantial savings
in construction costs and from the standpoint of improved
aesthetics by the construction of a joint overhead distribution
facility on the west side of Peabody Street between Park Avenue
and Ahlvers Road;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained the parties agree as follows:
1. The City and the District will construct a joint
overhead distribution facility on the west side of Peabody
Street in Port Angeles, Washington from the centerline of Park
Avenue to the south margin of Ahlvers Road as shown on a sketch
of this distribution facility, marked Exhibit A, attached to
this agreement and made a part thereof by reference.
2. The District will provide all of the poles necessary
for said facility (being twenty -two in number) and the City will
frame and set all of the poles.
3. Each of the parties shall be responsible for the
transfer of its lines and equipment to the new facility at its
own expense.
4. Ownership of the facility will be joint between the
parties with each owning an equal share therein.
5. All rental payments for telephone and /or other
utility contracts shall be made to the District and shall be
the property of the District.
6. It is recognized by the parties that from time to
time the system may be damaged in some way and further that
poles and other portions of the facility will have to be
replaced because of normal wear and tear. In the event of
damage to a pole or the pole wearing out and requiring replacement,
the pole will be furnished and replaced by the District. Each
of the parties will pay the labor and equipment costs due to
the replacing of its own facilities on this pole and for
transfer costs to said pole. The replacing or repairing of
any other portions of the system shall be at the expense of
the party who owns that portion. In the event of any legal
or court costs in connection with damages to any portion of
the system other than the poles, these costs shall be borne
equally by the parties. Any such costs in connection with
damage to a pole shall be paid by the District.
7. In the event the area served by the facilities of
the District involved in this agreement is annexed by the City
and this results in the abandonment of the District's facilities
covered by this agreement, the City will remove at its expense
all of the district facilities no longer required.
2
8. In the event of a relocation of these facilities
required by land development, new plats or customer's
requests, the City shall be responsible for providing the
necessary poles and labor costs for the installation of new
poles and removal of old poles. Each of the parties shall
be responsible for the transferring of their facilities to
the new poles.
9. Both parties will carry liability insurance in an
amount sufficient to protect against all claims for damages
to persons or property arising out of the use of, or in any
way in connection with, the joint facilities provided for in
this agreement. Each party will advise the other as to its
insurance coverage on this facility on request.
IN WITNESS WHEREOF the parties have set their hands
the day and year first above written.
CITY OF PORT ANGELES
BY
PUBLIC UTILITY DISTRICT FOR CLALLAM
COUNTY
By
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A G R E E M E N T
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THIS AGREEMENT made and entered into this day
of January, 1976, between the CITY OF PORT ANGELES, a munici-
pal corporation, hereinafter called the "City," and the PUBLIC
UTILITY DISTRICT FOR CLALLAM COUNTY, a municipal corporation,
hereinafter called the "District," WITNESSETH:
WHEREAS the changes being made by the City provided for
under LID #198 require that all of the District's facilities
on the west side of Peabody Street from the centerline of Park
Avenue to the south margin of Ahlvers Road be set back and
relocated; and
WHEREAS the City has made plans for rebuilding and up-
grading its facilities on the east side of Peabody Street; and
WHEREAS the best interests of the customers of both the
City and the District who are provided electrical service is
best served both from the standpoint of a substantial savings
in construction costs and from the standpoint of improved
aesthetics by the construction of a joint overhead distribution
facility on the west side of Peabody Street between Park Avenue
and Ahlvers Road;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained the parties agree as follows:
1. The City and the District will construct a joint
overhead distribution facility on the west side of Peabody
Street in Port Angeles, Washington from the centerline of Park
Avenue to the south margin of Ahlvers Road as shown on a sketch
of this distribution facility, marked Exhibit A, attached to
this agreement and made a part thereof by reference.
2. The District will provide all of the poles necessary
for said facility (being twenty -two in number) and the City will
frame and set all of the poles.
3. Each of the parties shall be responsible for the
transfer of its lines and equipment to the new facility at its
own expense.
4. Ownership of the facility will be joint between the
parties with each owning an equal share therein.
5. All rental payments for telephone and /or other
utility contracts shall be made to the District and shall be
the property of the District.
6. It is recognized by the parties that from time to
time the system may be damaged in some way and further that
poles and other portions of the facility will have to be
replaced because of normal wear and tear. In the event of
damage to a pole or the pole wearing out and requiring replacement,
the pole will and replaced by the District. Each
of pay the labor and equipment costs due to
the replacing of its own, facilities on this pole and for
ransfer costs to said pole. The replacing or repairing of
any other portions of the system shall be at the expense df
the-party who owns that portion. In the event of any legal
or court costs in connection with damages to any portion of
the system other than the poles, these costs shall be borne
equally by the parties. Any such costs in connection with
damage to a pole shall be paid by the District.
7. In the event the area served by the facilities of
the District involved in this agreement is annexed by the City
and this results in the abandonment of the District's facilities
covered by this agreement, the City will remove at its expense
all of the district facilities no longer required.
8. In the event of a relocation of these facilities
required by land development, new plats or customer's
requests, the City shall be responsible for providing the
necessary poles and labor costs for the installation of new
poles and removal of old poles. Each of the parties shall
be responsible for the transferring of their facilities to
the new poles.
9. Both parties will carry liability insurance in an
amount sufficient to protect against all claims for damages
to persons or property arising out of the use of, or in any
way in connection with, the joint facilities provided for in
this agreement. Each party will advise the other as to its
insurance coverage on this facility on request.
IN WITNESS WHEREOF the parties have set their hands
the day and year first above written.
CITY OF PORT ANGELES
By J�
PUBLIC UTILITY DISTRICT FOR CLALLAM
COUNTY
By
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CONTRACT OF SALE
This Agreement made this /Z day of A /,-./r i4 1975, between
PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY, herein called "the District" and
the CITY OF PORT ANGELES, hereinafter called "the City
follows:
VITNESSETH
The parties therefore agree as follows:
1. The District hereby grants to the City the right to provide electric
service to all present and future customers in the area described
below and hereby sells and conveys to the City all District electric
facilities in said area with the following exception:
Both of the above parties are municipal corporations of the State of Washington.
Both own and operate electric distribution systems. The area described below in
which electric service is now furnished by the District has recently been annexed
by the City which desires to provide the electric service therein. The District
owns electric distribution facilities which can be used by the City in providing
such service. Both parties recognize that it is essential to efficient operation
and elimination of costly competition and duplication of facilities that there be
only one electric utility serving this area. They have agreed that a fair price
to be paid by the City to the District for all electric distribution facilities
(except as specified below) of the District within the area referred to, together
with the right to provide electric service to all present and future customers
therein, is five times the total gross annual revenues derived by the District from
customers in said area for the annual period last of record.
By mutual agreement between the District and the City, the
District shall continue to provide service to Del Hur, Inc.,
for an indefinite period of time.
The area referred to is in Clallam County, Washington, and described as
An area bounded by Lauridsen Boulevard on the North, "C" Street
Extension" on the West, Highway 101 on the South and Bourchier
or Newell Road on the East, located in Section 9, Township 30
North, Range 6 West, Willamette Meridian, and shown on the
attached map.
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its electrical facilities in the above described area up to the time of the District's
March 18, 1975, meter readings. The City shall be entitled to collect and retain all
revenues for service rendered after that time.
In consideration of the foregoing agreement on the part of the District, the
City agrees to pay the District $8,788.50, that being five times the annual revenue
of the properties transferred to it by this agreement for the year last of record.
Such consideration shall be due and payable at the time this contract is executed by
both parties and an executed duplicate thereof delivered to each party.
duly authorized officers the day and year first above written.
ATTEST:
IN WITNESS WHEREOF, the parties hereto have executed this contract by their
Acting Secretary
ATTEST:
The District shall be entitled to collect and retain all revenues earned by
111 eL�I.G tY sL
6,
City Clerk
BY:
PUBLIC UTILITY DISTRICT NO. 1
OF CLALLAM COUNTY
President
Vice President
CITY OF PORT ANGELES
BY: z --L s- a Mayor
r
P 0 BOX 951
PORT ANGELES, WASH 98362
Phone 457 -3307
PWB_C UY
Mr. Donald Herrman
City Manager
City of Port Angeles
Port Angeles, Washington 98362
Dear Mr. Herrman:
OF CLALLAM COUNTY
December 5, 1967
Enclosed are three (3) copies of "Contract of Sale" covering the
area North of East First Street between Alder Street and the
Golf Course Road.
The Contract shall be effective, in accordance with the terms
thereof, upon receipt of a duly executed copy of the Contract and
payment of the amount of $1474.80, as specified in the Contract.
MDParrett /ls
3 Encls Copies of Contract
Very truly yours,
D. Parrett
nager
CLALLAM COUNTY LIVES BETTER Electrically
M.D. Parrett, Manager
BOARD OF COMMISSIONERS
James Lotzgesell, President
Alvin E Fletcher, Vice President
Russell Bayton, Secretary
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CONTRACT OF SALE
This Agreement made this a/-d- day of December, 1967, between
PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY, herein called "the
District" and the CITY OF PORT ANGELES, hereinafter called "the City",
W I T N E S S E T H:
Both of the above parties are municipal corporations of the State of Washington.
Both own and operate electric distribution systems. In the area described below,
which is inside the City limits of Port Angeles, electric service has been furnished
by the District and the City now desires to provide the electric service therein.
The District owns electric distribution facilities which can be used by the City in
providing such service. Both parties recognize that it is essential to efficient
operation and elimination of costly competition and duplication of facilities that there
be only one electric utility serving this area. They have agreed that a fair price
to be paid by the City to the District for all electric distribution facilities of the
District within the area referred to, together with the right to provide electric service
to all present and future customers therein, is five (5) times the total gross annual
revenues derived by the District from customers in said area for the annual period
last of record.
The parties therefore agree as follows:
1. The District hereby grants to the City the right to provide electric service
to all present and future customers in the area described below and hereby sells and
conveys to the City all District electric facilities in said area. The area referred to
is all within the city limits of Port Angeles, Clallam County, Washington, and
described as follows:
The area north of East First Street between Alder Street and
the Golf Course Road. (See Exhibit A).
The District shall be entitled to collect and retain all revenues earned by its
electrical facilities in the above described area up to the time of the District's
December, 1967 meter readings. The City shall be entitled to collect and retain all
revenues for service rendered after that time.
In consideration of the foregoing agreements on the part of the District, the
City agrees to pay the District $1474.80, that being five (5) times the annual revenue
of the properties transferred to it by this Agreement for the year last of record.
Such consideration shall be due and payable at the time this contract is executed by
both parties and an executed duplicate thereof delivered to each party.
IN WITNESS WHE3EOF, the parties hereto have executed this contract by
their duly authoriz ed officers the day and year first above written.
ATTEST:
ATTEST:
,a,.P� t
Secretary
City Clerk
By
PUBLIC UTILITY DISTRICT NO. 1
OF CLALLAM COUNTY
CITY OF PORT ANGELES
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