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North Bend, WA Ordinance No. 1050
Not an official copy.
North Bend, WA
Ordinance No. 1050
AN ORDINANCE of the City Council of the City of North Bend, Washington,
King County granting Puget Sound Energy, Inc., a Washington corporation, its
successors and assigns, the right, privilege, authority and franchise to set,
erect, construct, support, attach, connect and stretch Facilities between, maintain,
repair, replace, enlarge, operate and use Facilities in, upon, over, under,
along, across and through the Franchise Area for purposes of transmission, distribution
and sale of electric energy for power, heat, light and any other purpose for
which electric energy can be used.
THE CITY COUNCIL OF THE CITY OF NORTH BEND, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions.
1.1 Where used in this franchise (the "Franchise") the following
terms shall mean:
1.1.1 "PSE" means Puget Sound Energy, Inc., a Washington corporation,
and its respective successors and assigns.
1.1.2 "City" means the City of North Bend, a municipal corporation
of the State of Washington, and its respective successors and assigns.
1.1.3 "Franchise Area" means any, every and 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.
1.1.4 "Facilities" means poles (with or without crossarms), wires,
lines, conduits, cables, communication and signal lines, braces, guys, anchors,
vaults and all necessary or convenient facilities and appurtenances thereto,
excluding substations, whether the same be located over or under ground.
1.1.5 "Ordinance" means this Ordinance No. 1050 , which sets
forth the terms and conditions of this Franchise.
Section 2. Facilities within Franchise Area.
2.1 The City does hereby grant to PSE the right, privilege, authority and franchise
to:
2.1.1 Set, erect, construct, support, attach, connect and stretch Facilities
between, maintain, repair, replace, enlarge, operate and use Facilities in,
upon, over, under, along, across and through the Franchise Area for purposes
of transmission, distribution and sale of electric energy for power, heat, light
and any other purpose for which electric energy can be used.
2.1.2 To charge and collect tolls, rates and compensation for such energy and
such uses.
2.2 Existing Facilities installed or maintained by PSE on public grounds and
places as of the effective date of this Franchise which are not within the Franchise
Area as defined by this Franchise may be maintained, repaired and operated by
PSE for the term of this Franchise; provided, however, that no such Facilities
may be enlarged, improved or expanded without prior review and approval by the
City pursuant to applicable ordinances, codes, resolutions, standards and procedures.
Section 3. Noninterference of Facilities.
3.1 PSE's Facilities shall be maintained within the Franchise Area so as not
to unreasonably interfere with the free passage of traffic and in accordance
with the laws of the State of Washington and the City of North Bend. Whenever
it shall be necessary for PSE, in the exercise of its rights under this Franchise,
to make any excavation in the Franchise Area, PSE shall, to City's reasonable
satisfaction, upon completion of such excavation, restore the surface of the
Franchise Area, as nearly as practicable, to the same condition it was in prior
to such excavation.
Section 4. Relocation of Facilities.
4.1 Whenever the City causes the grading, widening, construction or reconstruction
of the Franchise Area (for purposes other than those described in Section
4.2 below) and such grading, widening, construction or reconstruction
requires the relocation of PSE's then existing Facilities within the
Franchise Area, the City shall:
4.1.1. provide PSE, within a reasonable time prior to the commencement of such
grading, widening, construction or reconstruction written notice
requesting such relocation; and
4.1.2 provide PSE with reasonable plans and specifications for such grading,
widening, construction or reconstruction .
After receipt of such notice and such plans and specifications, PSE shall relocate
such Facilities within the Franchise Area at no charge to the City. Provided,
however, if the City requires subsequent relocation of any PSE Facilities within
five (5) years from the date of relocation of such Facilities pursuant to this
Section 4.1, and the City improvement necessitating such subsequent relocation
of PSE Facilities was not included in the City’s approved Capital Improvement
Plan or Transportation Improvement Plan at the time of the relocation of such
Facilities pursuant to this Section 4.l, then the City shall bear the entire
cost of subsequent relocation.
4.2 Whenever any person or entity, other than the City, requires the relocation
of PSE's Facilities to accommodate the work of such person or entity within
the Franchise Area; or, whenever the City requires the relocation of PSE's Facilities
within the Franchise Area for the benefit of any person or entity other than
the City, then PSE shall have the right as a condition of such relocation to
require such person or entity to:
4.2.1 make payment to PSE, at a time and upon terms acceptable to PSE, for
any and all costs and expenses incurred by PSE in the relocation of PSE's Facilities;
and
4.2.2 indemnify and save PSE harmless from any and all claims and demands made
against it on account of injury or damage to the person or property of another
arising out of or in conjunction with the relocation of PSE's Facilities, to
the extent such injury or damage is caused by the negligence of the person or
entity requesting the relocation of PSE's Facilities or the negligence of the
agents, servants or employees of the person or entity requesting the relocation
of PSE's Facilities.
4.3 Any relocation of PSE’s Facilities within the Franchise Area to accommodate
any condition or requirement imposed by the City upon any person or entity,
other than PSE or the City, including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals
or permits for zoning, land use, construction or development, shall be a required
relocation for purposes of Section 4.2. Provided, however, in the event that
the city notifies PSE in writing that the purpose of imposing such condition
or requirement upon such person or entity is to cause grading, widening, construction
or reconstruction of the Franchise Area, for public benefit and on the City's
behalf; and such improvement is reflected in current City approved Capital Improvement
Plan or Transportation Improvement Plan, then:
4.3.1 PSE shall bear those costs incurred to relocate PSE’s existing Facilities
to accommodate the Franchise Area improvement pursuant to Section 4.1; and
4.3.2 PSE shall have the right as a condition of such relocation to require
such person or entity to make payment to PSE for those costs and expenses incurred
by PSE to integrate and connect the relocated Facilities with PSE's other Facilities
and any costs incurred by PSE to additionally improve the relocated Facilities
to otherwise accommodate the land use action or development.
4.4 Nothing in this Section 4 "Relocation of Facilities" shall require
PSE to bear any cost or expense in connection with the location or relocation
of any Facilities then existing under benefit of easement or such other prior
rights.
Section 5. Underground Installation of Distribution Facilities.
5.1 In connection with City improvement of the Franchise Area (including improvement
which necessitates relocation of PSE Facilities in accordance with Subsection
4.1 of this agreement) the City may by written notice to PSE, request PSE to
underground its existing distribution Facilities (of 15,000 volts or less) within
the Franchise Area improved by the City; provided, that such conversion of PSE’s
existing Facilities shall be accomplished in accordance with PSE’s applicable
schedules and tariffs on file with the Washington Utilities and Transportation
Commission or its successor.
5.2 If PSE elects to install new overhead distribution Facilities (of 15,000
volts or less) within the Franchise Area or a new extension of existing overhead
distribution Facilities within the Franchise Area, PSE will provide written
notice to the City. The City may by written notice to PSE, request PSE to install
such Facilities underground within the Franchise Area; provided, that such installation
underground of PSE’s Facilities shall be accomplished in accordance with
PSE’s applicable schedules and tariffs on file with the Washington Utilities
and Transportation Commission or its successor.
Section 6. Vegetation Management.
6.1 PSE shall, on an annual basis, provide the City a list of locations within
the Franchise Area at which PSE anticipates performing vegetation management
activities; provided that such list shall not limit PSE’s right under this
Franchise to cut, trim or otherwise remove vegetation at any time within the
Franchise Area which, due to proximity to PSE’s Facilities, pose an imminent
threat to public safety or the reliable operation of PSE’s facilities.
6.2 PSE shall, in coordination with the City, identify vegetation species appropriate
for location in proximity to PSE Facilities and shall cooperatively act with
the City to promote use of such identified species within and adjacent to the
Franchise Area.
Section 7. Indemnification.
7.1 PSE shall indemnify and save the City harmless from any and all claims
and demands made against it on account of injury or damage to the person or
property of another, to the extent such injury or damage is caused by the negligence
of PSE or its agents, servants or employees in exercising the rights granted
PSE in this Franchise; provided, however, that in the event any such claim or
demand be presented to or filed with the City, the City shall promptly notify
PSE thereof, and PSE shall have the right, at its election and at its sole cost
and expense, to settle and compromise such claim or demand, provided further,
that in the event any suit or action be begun against the City based upon any
such claim or demand, the City shall likewise promptly notify PSE thereof, and
PSE shall have the right, at its election and its sole cost and expense, to
settle and compromise such suit or action, or defend the same at its sole cost
and expense, by attorneys of its own election.
Section 8. Moving Buildings within the Franchise Area.
8.1 If any person or entity obtains permission from the City to use the Franchise
Area for the moving or removal of any building or other object, the City shall,
prior to granting such permission, require such person or entity to make any
necessary arrangements with PSE for the temporary adjustment of PSE's wires
to accommodate the moving or removal of such building or other object. Such
necessary arrangements with PSE shall be made, to PSE's satisfaction, not less
than fourteen (14) days prior to the moving or removal of said building or other
object. In such event, PSE shall at the expense of the person or entity desiring
to move or remove such building or other object, adjust any of its wires which
may obstruct the moving or removal of such building or other object, provided
that:
8.1.1 the moving or removal of such building or other object which necessitates
the adjustment of wires shall be done at a reasonable time and in a reasonable
manner so as not to unreasonably interfere with PSE's business;
8.1.2 where more than one route is available for the moving or removal of such
building or other object, such building or other object shall be moved or removed
along the route which causes the least interference with PSE's business; and
8.1.3 the person or entity obtaining such permission from the City to move
or remove such building or other object shall be required to indemnify and save
PSE harmless from any and all claims and demands made against it on account
of injury or damage to the person or property of another arising out of or in
conjunction with the moving or removal of such building or other object, to
the extent such injury or damage is caused by the negligence of the person or
entity moving or removing such building or other object or the negligence of
the agents, servants or employees of the person or entity moving or removing
such building or other object.
Section 9. Records.
9.1 PSE and the City shall reasonably make available, each to the other, records
reflecting the type and location of their respective Facilities within the Franchise
Area, in whatever form such records may reasonably be maintained. Neither party
warrants to the other the completeness or accuracy of such records, and any
and all locations of Facilities reflected in such records shall be considered
approximate. Nothing in this Subsection 9.1 shall release (or be construed to
release) any party from their respective obligations, as the same may arise,
under Chapter 19.122 RCW (or any other law applicable to determining the location
of utility facilities).
Section 10. Default.
10.1 If PSE shall fail to comply with the provisions of this Franchise, the
City may serve upon PSE a written order to so comply within sixty (60) days
from the date such order is received by PSE. If PSE is not in compliance with
this Franchise after expiration of said sixty (60) day period, the City may,
by ordinance, declare an immediate forfeiture of this Franchise, provided, however,
if any failure to comply with this Franchise by PSE cannot be corrected with
due diligence within said sixty (60) day period (PSE's obligation to comply
and to proceed with due diligence being subject to unavoidable delays and events
beyond its control), then the time within which PSE may so comply shall be extended
for such time as may be reasonably necessary and so long as PSE commences promptly
and diligently to effect such compliance.
Section 11. Non-exclusive Franchise.
11.1 This Franchise is not and shall not be deemed to be an exclusive Franchise.
This Franchise shall not in any manner prohibit the City from granting other
and further franchises over, upon, and along the Franchise Area which do not
interfere with PSE's rights under this Franchise. This Franchise shall not prohibit
or prevent the City from using the Franchise Area or affect the jurisdiction
of the
City over the same or any part thereof.
Section 12. Franchise Term.
12.1 This Franchise is and shall remain in full force and effect for a period
of ten (10) years from and after the effective date of the Ordinance, provided,
however, PSE shall have no rights under this Franchise nor shall PSE be bound
by the terms and conditions of this Franchise unless PSE shall, within sixty
(60) days after the effective date of the Ordinance, file with the City its
written acceptance of the Ordinance.
Section 13. Modification and Amendment.
13.1 This Franchise may be amended only by written instrument, signed by both
parties, which specifically states that it is an amendment to this Franchise
and is approved and executed in accordance with the laws of Washington State.
13.2 If, during the term of this Franchise, there becomes effective any change
in federal or state law (including changes approved by the Washington Utilities
and Transportation Commission) which:
13.2.1 affords either party the opportunity to negotiate in good faith a term
or condition of this Franchise which term or condition would not have, prior
to such change, been consistent with federal or state law; or
13.2.2 pre-empts or otherwise renders null and void any term or condition of
this Franchise which has there-to-fore been negotiated in good faith.
Then, in such event, either party may, within one hundred eighty (180) days
of the effective date of such change, notify the other party in writing that
such party desires to commence negotiations to amend this Franchise. Such negotiations
shall encompass only the specific term or condition affected by such change
in federal or state law and neither party shall be obligated to re-open negotiations
on any other term or condition of this franchise. Within thirty (30) days from
and after the other party’s receipt of such written notice, the parties
shall, at a mutually agreeable time and place, commence such negotiations. Pending
completion of such negotiations resulting in mutually agreeable amendment of
this Franchise, adoption of such amendment by Ordinance by City and acceptance
of such Ordinance by PSE, and except as to any portion thereof which has been
pre-empted or otherwise rendered null and void by such change in federal or
state law, the Franchise shall remain in full force and effect.
Section 14. Assignment.
14.1 PSE shall have the right to assign its rights, benefits and privileges
in and under this Franchise. Any assignee shall, within thirty (30) days of
the date of any assignment, file written notice of the assignment with the City
together with its written acceptance of all terms and conditions of this Franchise.
Notwithstand-ing the foregoing, PSE shall have the right, without such notice
or such written acceptance, to mortgage its rights, benefits and privileges
in and under this Franchise to the Trustee for its bondholders.
Section 15. Miscellaneous.
15.1 If any term, provision, condition or portion of this Franchise shall be
held to be invalid, such invalidity shall not affect the validity of the remaining
portions of this Franchise which shall continue in full force and effect. The
headings of sections and paragraphs of this Franchise are for convenience of
reference only and are not intended to restrict, affect or be of any weight
in the interpretation or construction of the provisions of such sections or
paragraphs.
15.2 Without limiting the generality of Section 13.1, this Franchise (including,
without limitation, Section 7.1 above) shall govern and supersede and shall
not be changed, modified, deleted, added to, supplemented or otherwise amended
by any permit, approval, license, agreement or other document required by or
obtained from the City in conjunction with the exercise (or failure to exercise)
by PSE of any and all rights, benefits, privileges, obligations or duties in
and under this Franchise, unless such permit, approval, license, agreement or
other document specifically:
15.2.1 references this Franchise; and
15.2.2 states that it supersedes this Franchise to the extent it contains terms
and conditions which change, modify, delete, add to, supplement or otherwise
amend the terms and conditions of this Franchise.
In the event of any conflict or inconsistency between the provisions of this
Franchise and the provisions of any such permit, approval, license, agreement
or other document, the provisions of this Franchise shall control.
15.3 This Franchise is subject to the provisions of any applicable tariff now
or hereafter on file with the Washington Utilities and Transportation Commission
or its successor. In the event of any conflict or inconsistency between the
provisions of this Franchise and such tariff, the provisions of such tariff
shall control.
15.4 Nothing herein shall preclude the City from recovering administrative
costs incurred by the City for permits for or inspection of any plans or construction
initiated by PSE as prescribed in accordance with applicable provisions of City’s
code.
15.5 PSE agrees to reimburse actual reasonable expenses incurred by the City
which are directly related to receiving and approving this Franchise.
Section 16. Effective Date.
16.1 This Ordinance shall take effect on October 20, 1998, having
been: (i) introduced to the City Council not less than five days before its
passage; (ii) first submitted to the City Attorney on October 1, 1998;
(iii) published at least five days prior to the above-referenced effective date
and as otherwise required by law; and (iv) passed at a regular meeting of the
legislative body of the City of North Bend by a majority of the whole of such
legislative body on October 6, 1998.
Signed and approved by the Mayor on the 12th day of October, 1998.
Joan Simpson, Mayor
ATTEST:
Dolores M. Beauchene, City Clerk
APPROVED AS TO FORM:
Mike Kenyon, City Attorney
Date:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I, Dolores Beauchene, the duly qualified City Clerk of the City of North Bend,
a Non-charter Code City, situate in the County of King, State of Washington,
do hereby certify that the foregoing is a full, true and correct copy of Ordinance
No. 1050, an Ordinances of the City of North Bend, entitled.
ORDINANCE NO. 1050
AN ORDINANCE granting Puget Sound Energy, Inc., a Washington corporation, its
successors and assigns, the right, privilege, authority and franchise to set,
erect, construct, support, attach, connect and stretch Facilities between, maintain,
repair, replace, enlarge, operate and use Facilities in, upon, over, under,
along, across and through the Franchise Area for purposes of transmission, distribution
and sale of energy for power, heat, light and any other purpose for which energy
can be used.
I further certify that said Ordinance No. 1050 was: (i) introduced
on the 1st day of October, 1998; (ii) submitted to the City Attorney
on the 1st day of October, 1998; (iii) published on
the 15th day of October, 1998, according to law; (iv)
approved by a majority of the entire legislative body of the City of North Bend,
at a regular meeting thereof on the 6th day of October, 1998;
and (v) approved and signed by the Mayor of the City of North Bend on the 12th
day of October, 1998.
WITNESS my hand and official seal of the City of North Bend, this 12th
day of October, 1998.
Dolores M. Beauchene, City Clerk
City of North Bend, State of Washington
HONORABLE MAYOR AND CITY COUNCIL
CITY OF NORTH BEND, WASHINGTON
In the matter of the application :
of Puget Sound Energy, Inc., a : Franchise Ordinance No. 1050
Washington corporation, for a :
franchise to construct, operate :
and maintain facilities in, upon, :
over, under, along, across and :
through the franchise area of the :
City of North Bend, Washington : ACCEPTANCE
WHEREAS, the City Council of the City of North Bend, Washington, has granted
a Franchise to Puget Sound Energy, Inc., a Washington corporation, its successors
and assigns, by enacting Ordinance No. 1050, bearing the date of October
12, 1998; and
WHEREAS, a copy of said Ordinance granting said Franchise was received by the
Puget Sound Energy, Inc. on October , 1998, from said
City of North Bend, King County, Washington.
NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself,
its successors and assigns, hereby accepts said Ordinance and all the terms
and conditions thereof, and files this, its written acceptance, with the City
of North Bend, King County, Washington.
IN TESTIMONY WHEREOF said Puget Sound Energy, Inc. has caused this written
Acceptance to be executed in its name by its undersigned Director of Real Estate
thereunto duly authorized on this ____ day of _______, 1998.
ATTEST: PUGET SOUND ENERGY, INC.
By:
Copy received for City of North Bend
on , 1998
By:
Dolores M. Beauchene, City Clerk
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