HomeMy WebLinkAboutORD 1987ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO
THE WASHINGTON NATURAL GAS COMPANY, a Delaware corporation,
THE RIGHT AYD FRANCHISE TO USE AND OCCUPY THE STREETS, AVENUES.,
ROADS AND OTHER PUBLIC PLACES OF THE CITY OF RENTONT, WASHINGTON,
FOR CONSTRUCTING, MAINTAINING, REPAIRING, RENEfr,TIG AND OPERATING
A GAS DISTRIBUTION SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE
CITY OF RENTON, WASHINGTON.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON,
AS 140LLOWS:
SECTION I: Definitions. The following definitions are provided for the
sole purpose of proper interpretation and administration of this ordinance:
(1) Construction or Construct shall mean constructing, laying
maintaining, testing, operating, extending., renewing, removing,
replacing, repairing, and using a gas distribution system.
(2.) Consumer shall mean any person, persons, customer, firm,
asspdiation, municipal corporation, and/or corporation, that uses
dais, including residential, commercial, and industrial users.
(3) Distribution System, System, and Lines used either in the
singular or plural shall mean and include the gas pipes, pipe lines,
mains, laterals, conduits, feeders, regulators, meters, fixtures,
connections, and all attachments, appurtenances, and appliances
necessary and incidental thereto or in any way appertaining to the
distribution and use of gas.
(4) Gas shall mean natural, artificial, and/or mixed gas.
(5) Maintenance, Maintaining, or Maintain shall mean and
include relaying, repairing,replacing, examining, testing., inspecting;
removing, digging, and excavating, and restoring operations inciden-
tal thereto.
(6) Public Properties shall mean and include streets, alleys,
sidewalks, curbs, roads, highways, avenues, thoroughfares, parkways,
bridges, viaducts, public grounds, public improvements, and other
public places within the present and/or future corporate limits of the
city.
SECTION II: The City of Renton, King County. Washington, a municipal corpora-
tion of the second class under the laws and statutes of the State of Washington hereby
grants and gives unto the Washington Natural Gas Company, a Delaware corporation,
hereinafter called "Grantee", its successors and assigns, the right, privilege,
authority and franchise to construct, or otherwise acquire, and to own, maintain, equip
and operate plants and works, and all necessary or desirable appurtenances thereto, for
the manufacture, generation, purchase, transmission, and distribution of gas, including
the right to construct, lay, maintain, operate, extend, renew, remove, replace, repair,
use, and operate a gas distribution system, in, under, upon, over, across, and along
the present and future public properties, taithin the present and/or any future corporate
1
limits of the city or its successors, but the Grantee shall prepare detailed plans, plat
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or plats, specifications, and profiles as may be prescribed by the City Council and
prior
the City Engineer to be submitted to, and filed with, the City for/approval and the
issuance of a permit or permits before commencing any work on the public properties
in connection with a gas distribution system, for the purpose of transporting, distri-
buting, selling, and supplying gas for heating, lighting, power, and any and all
domestic, commercial, and industrial purposes in the City of Renton and to its in-
habitants, and persons, firms, associations, and corporations therein.
The City reserves the right to prohibit the installation or construction of
new facilities over, in, and upon certain main arterial thoroughfares from time to
time, as the interest of the public may require, but instead therefore shall allow al-
ternate routes to be used for said purposes.
SECTION III: The rights, privileges, and franchise hereby granted to, and
conferred upon the Grantee, unless this franchise be aocmr.terminated as herein provided,
�ts
oxtendsfor a term ofTU years from the date of written acceptance
hereof by the Grantee.
SECTION IV: All the rights herein granted shall be subject to and governed
by this Ordinance; provided however that the City Council expressly reserves unto itself
all its police power to adopt general or specific ordinances necessary to protect the
safety and welfare of the general public in relation to the rights hereby granted not
inconsistent herewith, but without restricting or limiting any general or specific taxing
powers of the City.
SECTION V: Rights of Holder of Permit in Public Properties. After obtaining
the necessary permit from the City Engineer in the manner prescribed by ordinance and
in accordance with the ordinances of the city regulating the opening and breaking of
public properties and all building and fire codes and ordinances of the city, the
Grantee may enter upon, dig, and excavate the present and future public properties of
the city as hereinabove specified, as now laid out or which may hereafter be established
or acquired, for the purpose of constructing, laying, operating, and maintaining the
Grantee's distribution system, either in whole or in part, used, to be used, or which
may be used in distributing gas from any point or points within the present and/or
future corporate limits of the city and to make connections therewith for consumers and
others. Provided, That in all cases where practicable, the mains and pipes of the
Grantee, and its successors and assigns, shall be laid in alleys so as not to unnecessarily
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or unreasonably tear up the streets except where necessary and required to cross,
streets as determined by the Grantee and approved by the City Engineer, and shall be
so laid as to male the gas supply of the Grantee available to the consumers of the
city, any deviation therefrom to be with the consent of the City Engineer. No park,
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 determined by the City
Engineer. The location of all mains, laterals, and appurtenances, and their depth
below the surface of the ground or grade of any public properties shall be determined
and /V17L_'/
-.,and fixed by the City Engineer. Provided, further, That the city shall have prior/ superior
right to the use of its streets and alleys and public properties for installation and
maintenance of its utilities and other municipal purposes and should a conflict arise
with the Granteets lines, the Grantee shall, at its own expense and cost, conform to
the utilities and other municipal purposes of the city. The owners of all utilities,
public, or private, installed in such public properties prior to the installation of
the lines and facilities of the Grantee shall have preference as to the positioning
and location of such utilities so installed with respect to the Grantee. Such prefer-
ence shall continue in the event of the necessity of relocating or changing the grade
reasonable,4 J necessarilydlj
of any such public properties. Grantee shall pay all/costs of and expenses/incurred in
the examination, inspection and approval of all plans and specifications for, and all
details of construction of all facilities involved herein.
SECTION VI: Public Properties and State Highways. If public properties
other than highways within the corporate limits ofthecity form a part of the route of
a state highway, the Grantee shall determine the requirements of the state and take
them into account with respect to the use thereof by the Grantee.
SECTION VII: All pipelines and appurtenant facilities shall be laid and in-
stalled in exact conformity with the maps and specifications filed with the city except
in instances in which deviation may be allowed thereafter in wri.ting;by the City Engineer
pursuant to application by the Grantee. All plans and specifications shall specify the
class and type of material and equipment to be used, manner of excavation, construction,
and installation, backfill, erection of temporary structures, erection of permanent
structures, traffic control, traffic turnouts and road obstructions. No such construc-
tion shall be commenced without the Grantee first securing a permit -in writing from the
City Engineer4 All such work shall be subject to the approval of and shall pass the
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inspection of the city by and through its City Engineer or other designated official.
SECTION VIII: Action by Grantee re Moving Structures. When necessary, in
order to permit any duly authorized person to move any building or other structure
across, upon, or along any public properties within the city, the Grantee shall tempor-
arily raise or.remove its pipes, fixtures, and appurtenances upon public properties,
upon reasonable notice in advance from such person, such notice to bear the approval of
such official as the City Council may designate, and at such time and in such manner as
may be necessary reasonably to accommodate such moving, consistent with the maintenance
of proper service to the Granteets dustomers: Provided, however, That the cost to the
Grantee of such temporary raising or removal and of any interruption of the Grantee's
service to its customers caused thereby, shall first be paid or provided for by the
owner or mover of such building or facility.
SECTION IX": Moving of Pipes and Facilities by Grantee. If the city should
pave or otherwise improve public properties, including drainage facilities, relocate
the same, or change the grade thereof or vacate any street or portion of street, or pro-
vide for the relocation of any such street, and such work should require the relocation
or moving of any portion of the distribution system of the Grantee, oix ;2ah mo*�Y
Axx=be&AAxwein5 the same, including relocating or readjusting the elevation of its lines
and facilities to conform to such new grades as may be established, or the relocation by
reason of a vacated street or any portion thereof, shall be done expeditiously by the
Grantee and its successors and assigns at its own cost and expense. All work to be per-
formed by the Grantee under this section shall be performed as may be required by the
terms of this franchise.
SECTION X: Excavations and Installations to Be Supervised. Not withstanding
any provision herein to the contrary, any excavations and installations by the Grantee
in any of the public properties within the corporate limits of the city shall be done
in accordance with such reasonable rules, regulations, resolutions, and ordinances now
enacted or to be enacted by the City Council, relating to excavations in public pro-
perties of the city, and under the direction and supervision of the City Engineer. Zias.htx
SECTION XI: The Grantee shall leave all streets, avenues, roads, alleys, lanes,
public places and ways, after laying tLnd installing mains and doing construction work,
making repairs to equipment, etc., in as good and safe condition in all respects as they
were before the commencement of such titork by the Grantee, its agents or contractors.
In case of any damage to said streets, avenues, roads, alleys, lanes, public places
and ways, to the pavement, turnouts, gutters, ditches, walks, drain pipes, rails, bridges,
trestles, wharves or landings by the Grantee, said Grantee shall.immediately repair a-li
damage at its sole cost and expense. The Council may at any time do, order and have
done any and all work considered necessary to restore to a safe condition any such
streets, avenues, roads, alleys, lanes, public places and ways, or pavement, turnouts,
gutters, ditches, walks, drain pipes, rails, bridges, trestles, wharves or landings left
by the Grantee or its agents in a condition dangerous to life or property, and the Grantee,
upon demand, shall pay to the City of Renton all costs of such construction or repair
and of doing such work.
. All gas distribution and transmission lines and facilities constructed,
operated, maintained across city streets or public places covered by this Franchise shall
be constructed, operated and maintained in compliance with all applicable laws, codes
and regulations of the city and the State governmental agency having jurisdiction there-
over.
SECTION XII: Before undertaking any of the work or improvements authorized by
this franchise, the Grantee, its successors or assigns, shall on request by the City of
Renton furnish a bond executed by the Grantee and a corporate surety authorized to do a
surety business in the State of Washington, in a sum to be set and approved by the City
Engineer or other properly authorized City official as sufficient to insure performance
of the Grantee's obligations under this franchise, conditioned that the Grantee shall
well and truly keep and observe all of the covenants, terms and conditions and faith-
fully perform all of the Grantee's obligations under said franchise; shall correct or
replace forthwith, on receipt of notice thereof, any defective work or materials used
in the replacement of the city streets or property discovered within a two-year period
of the date of the replacement and acceptance of such repaired streets by the city;
and shall restore the streets or property to the condition in which they existed prior
to any commencement of work thereon by the Grantee, where the change was occasioned by
the work being performed thereon by the Grantee, within the period of time specified by
the Street Superintendent in the permit issued for such work.
SECTION XIII: Services to Be Furnished. At all tines during the term of this
franchise, the Grantee shall promptly and without discrimination furnish an adequate
supply of gas to the Grantor and its successors and to its inhabitants and persons and
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corporations thereof who apply for and execute a contract for the same, and .shall'
acquire, construct, maintain,'equip, and operate all necessary facilities for the
manufacture, generation, purchase, transmission, supply, distribution and sale of gas
for the benefit and convenience of the Grantor and its inhabitants, and the Grantee
agrees to furnish service to any person, firm, or corporation within the city desiring
such service at the Grantee's established rates, and rules and regulations as filed
with the State agency having jurisdiction thereover.
SECTION XIV: Existing System to Satisfy Natural Gas Requirements. Anything
done pursuant to this franchise shall comply with the terms of city ordinances, this
franchise ordinance, and all state laws and rules and regulations and as hereafter re-
vised and/or amended. XX�iXXrxX�X
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SECTION XV: Grantee to Save City Harmless. The Grantee agrees to protect and
save harmless the city from all claims, actions, or damages of every kind and description
which may occur to, or be suffered by, any person or persons, corporation, or property
by reason of the construction, operation, and maintenance of the Grantee's gas distri-
bution system, lines, and facilities. In case suit or action is brought against the
city for damages arising out of, or by reason of, the above-mentioned causes, the
Grantee will, upon notice to it of the commencement of said action, defend the same at
its sole cost and expense, and in case judgment shall be rendered against the city in
suit or action, the Grantee will fully satisfy said judgment within sixty (60) days
after said suit or action shall have finally been determined if determined adversely
to the city. Upon the Grantee's failure to satisfy said judgment within the sixty (60)
day period, this franchise shall at once cease and terminate.
SECTION XVI: This franchise is granted subject to any city ordinances irpposing
taxes now in effect or that may hereafter be enacted by the City Council of the City„ acting
within the City's governmental taxing powers then existing -:44, N'
For the purpose of ascertaining or auditing the correct amount to be paid under the pro-
vision of any such taxing ordinance, the City shall have reasonable access to the books
of the Grantee for the purpose of checking the gross revenue received from operations
within the City.
SECTION XVII: This franchise shall not be deemed to be an exclusive franchise.
M
It shall in no manner prohibit the City of 'Renton from granting other franchises,of a
like nature or franchises for other public or private utilities under, along, across,
over and upon any of the City streets, alleys, or public thoroughfares, subject to this
franchise and shall in nowise prevent or prohibit the City of Renton from constructing,
altering, maintaining or using any of said streets, alleys, draining facilities, irriga-
tion structures or facilities or public places or affect its jurisdiction over them or
any part of them with full power to make all necessary changes, relocations, repairs, and
maintenance as the City may deem fit from time to time.
SECTION XVIII: Record of Installations. The Grantee shall at all times keep
full and complete plans, plat or plats, specifications, profiles, and records showing
the exact location, depth, and size of all gas mains and lines heretofore laid in the
city, and showing the location of all gates, gauges, and other service construction,
and such plans, plat or plats, specifications, profiles, and records shall be kept
semi-annually
current/by the Grantee to show thereon the exact location of all additional mains and
lines hereinafter installed by the Grantee, and its successors and assigns, and these
records shall be subject to inspection at all reasonable times in the city by the proper
officials and agents of the city, and a copy of these plans, plat or plats, specifica-
tions, profiles, shall be furnished to the city.
SECTION XIX: Forfeiture. In case of failure on the part of the Grantee, and/or
its successors and assigns, to comply with any of the provisions of this ordinance, or if
the Grantee, and/or its successors and assigns, do or cause to be done any act or thing
prohibited by, or in violation of the terms of, this franchise ordinance, the Grantor
shall give fifteen (15) days' written notice`of such violation and of its intention to
revoke the franchise if such violation is not corrected within such fifteen (15) day
period, and upon the expiration of such fifteen (15) day period and failure of the Grantee
to eliminate such violation, the Grantee, and its successors and assigns, shall forfeit
all rights and privileges granted by this ordinance and all of its rights thereunder shall
cease and determine. In the event the rights and privileges hereby granted are not dili-
gently exercised in the public interest, and/or in the event the Grantee shall fail for
a period of one (1) month to operate its gas distribution system, except in case of.
strikes, lockouts or the destruction of the same by fire or the elements or for any other
reasonsbeyond the control of the Grantee, this franchise shall terminate and all of the
rights and„privileges granted hereunder shall cease and determine, without any further
action being necessary on the part of the City; Provided, That the Grantee shall have
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the right temporarily to discontinue distribution of gas through said distribution i
�A�u=sok system or any part thereof for the purpose of making
repairs or extensions, and shall not be liable to a forfeiture therefor if such repairs
and extensions are made with reasonable diligence. 'When the Grantee may reasonably do
so, it shall give notice of the discontinuance of gas either in writing, properly ad-
dressed to the consumer or by notice in the official newspaper of the city, or by tele-
phone or other communications.
SECTION XX: Remedies to Enforce Compliance. In addition to other remedies
provided herein, the Grantor reserves and has the right to pursue any remedy to compel
or enforce the Grantee, and/or its successors and assigns, to comply with the terms
hereof and to furnish the service herein called for, and the pursuit of any right or
remedy by the city shall not prevent the city from thereafter declaring a forfeiture
for any reason herein stated after giving the notice required by the immediately pre-
ceding paragraph hereof, nor shall the delay of the city in declaring a forfeiture pre-
clude it from thereafter doing so, unless the action of the city shall have prevented,
caused, or contributed materially to the failure to perform or do the act or thing com-
plained of.
SECTION XXI: Removal of Facilities. In the event the city declares this fran-
chise to be forfeited, or, upon its ter-mi.nation, and if it is not renewed, the Grantee,
or its successors and assigns, shall remove its facilities from the public properties
at its own expense, and if it becomes necessary for the city to do so, the city shall
be paid for the reasonable cost of such removal b7 the Grantee. Grantee's obligation to remove
such facilities and pay for same shall not apply if in conflict with its legal obligations to
operate its s i.
stem as Bete ned bbyv the State over ntal a enc Irvin ui.sdiction hereon
SECTION )II: A� of tY e provisions, condi ions, eg labions anndr requirementts
herein contained shall be binding upon the successors and assigns of the Grantee, and all
privileges as well as all obligations and liabilities of the Grantee shall inure to its
successors and assigns equally as if they were specifically mentioned in this franchise
wherever the Grantee is so mentioned.
SECTION XXIII: Assignment. The Grantee, and its successors and assigns, may
not assign this franchise without the prior written consent of the City Council of the City
Renton
of.J. and until the City Council has approved the terms of the assignment, but if such
consent is given and the franchise is assigned, such assignment shall be binding upon
the Grantee's successors and assigns and independent contractors.of the Grantee, and a
copy of the assignment shall be filed with the City Clerk.* If the Grantee shall will-
fully violate, or fail to timely comply with any of the provisions or terms of this
*Such consent to assign shall not be unreasonably withheld by the City and shall be granted
$ whenever the state governmental
authority
having jurisdiction thereover has, after due
,,,,investigation
�investi ati n and notice, authorized sucassignment.
franchise thro�h'willful or unreasonable neglect or' fail to comply with any notice
given the Grantee under the provisions hereunder, then the Grantee shall forfeit all
-rights conferred hereunder and.this franchise may be revoked or annulled by the City
Council of the City of Renton.
SECTION XXIV: Acceptance. After the passage and legal publication of this
ordinance as provided by law relating to granting of franchises, and if accepted there-
after within thirty (30) days by the Grantee, the Grantee shall indicate such acceptance
by its filing with the City Clerk of the city an unconditional written acceptance thereof,
to be executed according to law, and a failure of the Grantee so to accept this ordinance
within a certain period of time shall be deemed a rejection thereof by the Grantee, and
all rights and privileges herein granted shall, after the expiration of said thirty (30)
day period, if not so accepted, absolutely cease and determine unless said period of
time shall be extended by the city by proper ordinance duly passed for said purpose.
SECTION XXV: Validity. If any section, subsection, paragraph, sentence,
clause, or phrase of this ordinance is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION T.,M : Effective Date. This ordinance shall be in full force and ef-
fect from, and after, its passage, approval, and legal publication as provided by law,
and provided it has been duly accepted by Grantee as hereinabove provided. All costs
of publication in,"connection with this ordinance shall be paid for by Grantee.
PASSED by the City Council this day of 1962.
APPROVED BY THE MAYOR this day of 1962•
ATTEST:
rsg uerara m. onellan, uity Attorney
The undersigned WASHINGTON NATURAL GAS COMPANY hereby accepts all the rights
and privileges of the above granted franchise, subject to all the terms, conditions, and
obligations contained therein.
Dated this z_ h day of , , m , 1,062.
LD A T E CF 1- U 3 L; C AT 10 j Wash-ingtan Natural Gas Company
-- Washington Nat:, -
al Gas Compa
NOV 7 WA B
-9- William P. Woods