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HomeMy WebLinkAboutORD 4325 CITY OF RENTON WASHINGTON I , ORDINANCE NO. 4325 AN ORDINANCE OF 'I�� CITY OF RENTON, WASHINGTON, GRANTING UNTO WASHINGTON NATURAL GAS COMPANY, A WASHINGTON CORPORATION, THE RIGHT AND FRANCHISE TO USE AND OCCUPY TI-� STREETS, AVENUES, ROADS AND OT��R PUBLIC RIGHTS OF WAY OF T�-IE CITY OF RENTON, WASHINGTON, FOR CONSTRUCTING, MAINTAI1vING, REPAIIiING, RENEWING AND OPERATING A GAS DISTRIBUITON SYSTEM AND ACCESSORIES WITHIN AND THROUGH THE CITY OF RENTON, WASHINGTON. ; i THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 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, association, municipal corporation, and/or corpora.tion, that uses gas, including residential, commercial, and industrial users. <3) Distribution System, S sy tem, 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, and which are located within Public Properties. (4) Gas shall mean natural, artif'icial, and/or mixed methane-based gas. (5) Maintenance, Maintainin�, or Maintain shall mean and include relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. �6) Public Properties shall mean City of Renton public highway, street and alley rights of way within the present and/or any future corporate limits of the city. (� Administrator shall mean the Administrator of the Department of Planning/Building/Public Works of the Ciry of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton, or his/her designee. • � ORDINANCE NO. 4325 SECTION II. Grant of Franchise: I (A) The City of Renton, King County, Washington, a municipal corporation under the Optional Municipal Code of the State of Washington, ("City" or "Grantor'�, hereby grants and gives unto the Washington Natural Gas Company, a Washington corporation, ("Company" or "Grantee'�, and its successors and assigns, the right, privilege, authority and franchise to construct, or otherwise acquire, and to own, maintain, equip and operate gas distribution lines and mains, and all necessary or desirable appurtenances thereto, for the purchase, transmission, and distribution of gas, including the right to construct, lay, maintain, e�end, renew, remove, replace, repair, use, and operate a gas distribution system in, under, upon, over, across, and along the present and future Public a, Properties, within the ptesent and/or any future corporate limits of the City or its �; successors, for the purpose of transporting, distributing, 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 inhabitants, and persons, firms, associations and corporations therein. The Ci actin throu its Administrator reserves the ri ht as the interest of the ublic , , (B) n', g � g P may require, to require the installation or construction of new facilities proposed by � Grantee to be constructed in arterial thoroughfares to be installed in alternate Public Properties which are substantially comparable in terms of the expense to Grantee for installation or construction, and which provide distribution to all affected parcels of property that is equal or better to the requested installation route. The Administrator �, shall give particular preference to the alternate installation location in cases in which the existing improvements to the public right-of-way would be affected by the proposed installation and in which the improvements were completed by the City less than 36 ? months prior to the company's request, or where the structural integrity of the surface of , the right-of-way, or inconvenience to the public caused by the proposed installation '1, cannot be mitigated through alternative means. If Public Properties other than highways !� within the corporate limits of the City form a part of the route of a state highway, the Grantee shall determine the re uirements of the State of Washin ton and take them into q g � account with respect to the use thereof by the Grantee. (C) All gas distribution and transmission lines and facilities constructed, operated, maintained across ci streets or ublic laces covered b this franchise shall be constructed, tY P P Y operated and maintained in compliance with all applicable laws, codes and regulations of the State governmental agency having jurisdiction thereover. SECTION III. Term: The rights, privileges, and franchise hereby granted to, and conferred upon the Grantee, unless this franchise becomes terminated as herein provided, extends for a term of Twenty Five (25) years from the effective date hereof as established by signature of the Mayor of the City of Renton. SECTION IV. Reservation of Police Power: 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 ordinances necessary to protect the health, safery and welfare of the general public in relation to the rights hereby granted not inconsistent herewith. ORDINANCE NO. 4325 � SECTION V. Construction on Public Properties: (A) Permits Required: Except in the case of an emergency, prior to commencing construction or maintenance work on Public Properties, Grantee shall first file with the City detailed plans, specifications and profiles of the intended work as may be prescribed by the City Council and Administrator, and shall receive an appropriate permit or pernuts from the City prior to commencing such work. Grantee shall comply with all terms, conditions, standards and insurance coverages as may be required under the terms of the pernut. (B) Entry upon Public Properties: After obtaining the necessary permit from the � Administrator in the manner prescribed by Ordinance, the Grantee may enter upon, dig, ; I 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. The work will be done in accordance with the terms of the permits and ordinances of the City regulating the opening and breaking of Public Properties and all building and fire codes and ordinances of the Ciry. (C) Location of Improvements: In all cases where practicable, the mains and pipes of the , Grantee shall be laid in alleys so as not to unnecessarily or unreasonably tear up the streets except where necessary and required to cross streets as determined by the , Grantee and approved by the Admuiistrator, and shall be so laid as to make the gas supply of the Grantee available to the consumers of the city, with any deviation therefore to be with the consent of the Administrator. 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 fixed by the Administrator, so long as the location or depth is not inconsistent with applicable regulations of federal or state agencies having jurisdiction over the Grantee. (D) Preference in Installations: The City shall have prior and superior right to the use of its ' streets and alleys and Public Properties for installation and maintenance of its utilities and � other governmental purposes, and should a conflict arise with the Grantee s lines, the Grantee shall, at its own expense and cost, conform to the utilities and other government purposes of the Ciry in the event that a reasonably feasible alternative is available. 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 ' reference shall continue in the event of the necessi of relocatin or chan in the P tY g g g grade of any such Public Properties. Grantee shall pay all reasonable costs of and expense necessarily incurred by Grantor in the examination, inspection and approval of all plans and specifications for, and all details of construction of, all facilities involved herein. (� Relocation of Facilities: If the City should pave or otherwise improve Public Properties, including drainage facilities, relocate the same or change the grade thereof, or provide for the relocation of any such street, and such work should require the relocation or moving of any portion of the distribution systein of the Grantee, including relocating or readjusting the elevation of its lines and facilities to conform to such new grades as may be established, such work shall be done expeditiously by the Grantee and its successors ORDINANCE NO. 4325 and assigns at its own cost and expense. All work to be performed by the Grantee under , this Section shall be performed as may be required by the terms of this franchise. (F� Construction Standards: All pipelines and appurtenant facilities shall be laid and installed in conformity with the maps and specifications filed with the City, except in instances in which deviation may be allowed thereafter in writing by the Administrator 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 sttuctures, and the traffic control mitigation measures as provided by the Manual on Uniform Traffic Control Devices, or similar standards as may be applicable from time to time. No such � construction shall be commenced without the Grantee first securing a permit in writing , from the Administrator. All such work shall be subject to the approval of and shall pass , the inspection of the City by and through its Administrator or other designated official. All such construction shall meet the standards set forth in the Control Zone Guidelines promulgated by the State of Washington, Department of Transportation for protection of utility objects in traffic hazard areas to the extent the Guidelines are applicable. (G) Suvervision of Installations: Notwithstanding 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 Ciry shall be done in accordance with such reasonable rules, regulations, resolutions, and ordinances of general application now enacted or to be enacted by the Ciry Council, relating to excavations in Public Properties of the City, and under the direction and supervision of the Administrator. All of the City's actual administrative expenses directly related to such supervision, shall be paid by the Grantee to the City upon invoice. (I-� Repair of City Facilities: The Grantee shall leave all streets, avenues, roads, alleys, lanes, public places and ways, after laying and installing mains and doing construction work, , making repairs to equipment, etc., in as good and safe condition in all respects as is � racticable as the were before the commencement of such work b the Grantee its , P , Y Y � 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, and other improvements by the � t 1' e 't Grantee, the Gran ee shall immedi�tely rep�ir all damag at i s sole cost and expense. The City Council may at any time, after giving prior written notice to Grantee, 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. In the event of any excavation through a paved public 'I property, Grantee shall restore the paved area to a standard and condition acceptable to the Administrator as specified in the permit to be issued for the work. Patching methods approved by the Administrator to repair the excavation and the surface of the paving to as near the standard of the original pavement as is possible may include the use of a j thermal in-place asphalt patch or approved equal and/or the full overlay of the paved area, for asphalt paved streets, and the replacement of the affected portion of the panel to the nearest existing expansion joints for concrete paved streets. (� Bond: Before undertaking any of the work or improvements authorized by this franchise, the Grantee shall on request by the Ciry of Renton, furnish a bond executed by the Grantee and a corporate surety authorized to do a surety business in the State of ORDINANCE NO. 4325 Washington, in a sum to be set and approved by the Administrator 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 faithfully perform all of the Grantee's obligations under this 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 properry 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 within the period of time specif'ied by the Administrator in the pernut issued for such work. � Record of Installations: The Grantee shall at all times keep full and complete plans, plat i or plats, specifications, profiles and recotds showing the exact location, and size of all , gas mains and lines heretofore laid in the Ciry, and showing the location of all gates, j gauges, and other service construction; and such plans, plat or plats, specifications, { profiles, and records shall be kept current annually by the Grantee to show thereon the exact location of all additional mains and lines hereinafter installed by the Grantee. These records shall be subject to inspection at all reasonable times by the proper officials and agents of the Ciry, and a copy of these plans, plat or plats, specifications, profiles and records, shall be furnished to the City upon request. SECTION VI. Temporary Removal of Facilities: 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 temporarily 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 reasonably necessary to accommodate such moving, ; consistent with the maintenance of proper service to the Grantee's customers. 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 VII.Excavation in Re-Paved Streets: Prior to re-pavement or new construction of Grantor's street, roads and alleys, the Grantee shall extend the Grantee's gas distribution facilities through the area of pavement construction or re-paving provided, that if the anticipated revenues to be derived from such extension shall not afford a fair and reasonable return on the cost of providing and rendering service, then the Grantee shall not be required to make such extension. SECITON VIII. Hold Harmless; Insurance: (A) Hold Harmless: T'he Grantee agrees to protect and save harmless the Ciry from all claims, actions, or damages of evety kind and description, except for claims arising as a result of the negligence of the City, which may occur to, or be suffered by, any person or persons, corporation, or property by reason of any act or failure to act on the part of the Grantee. 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 shall, upon notice to it of the commencement of said action, defend the same at its sole cost and expense, and hold harmless and indemnify the Ciry from any attorney's fees and costs of litigation incurted by the City in connection with the litigation, and in case judgment shall be rendered against the City in the suit or action, the Grantee shall fully satisfy the judgment within sixty <60) days after the suit or action shall have finally been determined if determined ORDINANCE NO. 4325 adversely to the City. Upon the Grantee's failure to satisfy the judgment within the sixty (60) day period, this franchise shall at once cease and terminate. (B) Insurance: Grantee shall maintain in full force and effect throughout the term of this Franchise, a minimum of Two Million Dollars ($2,000,000), or such amount as the Ciry may reasonably require, general comprehensive liabiliry insurance for property damage and bodily injury, including contractual coverage (certificate to be endorsed to show that Renton Franchise is specifically covered), and coverage for operations, products and/or completed operations. In satisfying the insurance requirements set forth above, Grantee may self-insure against risks in such amounts as are consistent with good utility practice. � Grantee shall annually provide the City with sufficient written evidence, that such insurance <or self-insurance) is being so maintained by Grantee. Such written evidence shall include, to the extent available from Grantee's insurance carrier, a written certificate of insurance with respect to any insurance maintained by Grantee in compliance with this Section. T'he Ciry shall be named as an additional insured on any insurance policy for the purposes of actions performed and risks undertaken under the terms of any permit to undertake work to construct, repair or maintain the Distribution System. A certificate of insurance, or other proof of insurance satisfactory to the Administrator, shall be filed with the City prior to commencing any such work in Public Properties. SECTION IX. Vacation of Ri�ht-of-Wav: If at any time the City shall vacate any street or right of way or other City property which is then used for utility purposes pursuant to the rights granted by this franchise, the Grantor will, at the request of the Grantee, in its vacation procedure, reserve an easement for any existing franchise holder. SECTION X. Non-exclusive Franchise: This franchise shall not be deemed to be an exclusive franchise. 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 or properties subject to this franchise, and shall in no way prevent or prohibit the City of Renton from constructing, altering, maintaining or using any of said streets, alleys, draining facilities, irrigation 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 XI. Dispute Resolution; Remedies and Forfeiture: In the event of the occurrence of any dispute between the City and Grantee arising by reason of this Ordinance, or any obligation of either party under this Ordinance, that dispute shall be resolved under the terms of this Section which shall be the sole remedy for resolution of any such dispute. (A) Cathodic Protection Claim Resolution Procedure: The parties shall resolve claims between themselves for remedial action on shorts and cathodic protection interference between their respective utility systems under the following procedures: 1. Each parry shall notify the appropriate representative of the other party when a short or interference is located and excavated. Representatives from the City of Renton and the Company shall be afforded reasonable opportunity to witness the condition prior to either party taking action to remedy the condition. 2. The claim for remedial action by the other party shall include, to the extent known, the street address, date of repair, date of facility installation, nature of condition, and the name of the representative(s) of both parties who observed ORDINANCE NO. 4325 the condition. The condition of the installation shall be documented with photographs if a representative of the other party cannot be available to inspect the condition. The claim shall include available test data relating to the condition. 3. Priority for establishing responsibility shall be based on the date of installation or reinstallation, with the latter installation bearing responsibility for remedial action and the cost thereof. � ' 4. It is understood that as part of the installation of any new distribution systems, the Grantee will be responsible for clearing existing shorts. (B) Initial Recourse: Upon request of either party, such dispute shall be first referred to the operational officers designated by the Administrator and the Grantee to have oversight over the administration of this Ordinance. Such officers shall meet within fifteen (15) days and make a good faith attempt to mediate a resolution of the dispute. (C) Determination by Administrator/General Manager: In the event that the parties are unable to mediate a resolution of the dispute under the procedure set forth above within thirty(30) days, then the dispute shall be referred to the Administrator and the Grantee's ' General Manager for resolution of the dispute. (D) Arbitration: If the dispute has not been resolved pursuant to subparagraphs (B) or (C), then the matter shall, at the request of either party, be referred to the American Arbitration Association for resolution in accordance with its rules governing commercial arbitrations. An award of the expenses of the arbitration, and the attorneys fees and arbitration expenses incurred by the prevailing party, as determined by the arbitrator, shall be included as a part of the award. (� Other Remedies: In addition to other remedies provided herein, the Grantor reserves and has the right to pursue any remedy to compel or enforce the Grantee to comply with the terms hereof, and to furnish the service herein called for. T'he pursuit of any right or remedy by the City shall not prevent the Ciry from thereafter declaring a forfeiture for any reason herein stated after giving the notice required under Subsection (F� below, nor , shall the delay of the City in declaring a forfeiture preclude it from thereafter doing so, unless the action of the Ciry shall have prevented, caused, or contributed materially to the failure to perform or do the act or thing complained of. (� Forfeiture: In addition to other remedies provided herein, in case of failure on the part of the Grantee, to comply with any of the provisions of this Ordinance, or if the Grantee does or causes 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, or such longer period of time as may be provided by the Grantor. Upon expiration of such period and failure of the Grantee to eliminate such violation, the Grantee shall forfeit all rights and privileges granted by this Ordinance, and all of its rights thereunder shall cease and terminate. In the event the rights and privileges hereby granted are not diligently 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 reasons beyond 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; ORllII�'.ANCE NO. 4325 Provided, that the Grantee shall have the right temporarily to discontinue distribution of gas though the distribution system or any part thereof for tl�e 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. Wlien the Grantee may reasonably do so, it shall give notice of the discontinuance of gas service either in writing, properly addressed to the consumer, or by 110t1Ce Il] the ofrcial newspaper of the City, or by telephone or other communication arproved b}�the Ad�ninistrator. SECI'ION XII. Binding Effect; Assi�nment: (A) Binding Effect: All of the provisions, conditions, regulations and requirements 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 s�ecifically mentioned in this franchise wherever the Grantee is so mentioned. (B) Assignment: The Grantee, and its successors and lssigns, may not assign this franchise without the prior written consent of the Ciry Council of the City of Renton approving the terms of the assignment. If such consent is given a�id the franchise is assigned, a copy of the assignment shall be filed R�itl� the Ciry Clerk. Such �consent to assign shall not be unreasonably withheld Uy the Ciry and shall be granted in the event the State � governmental authority having jurisdiction thereover has, after due investigation and ' notice, authorized such assignment. SECI'ION XIII. Abandonment of I'acilities: In the event Gtantee decides to discontimie using and abandons any of its f icilities, or the City reasonablj- determines that Grantee has discontinued using anJ abandoned any of its facilities, Grantee shall, at its sole cost and as directed by the City, purgr its facilities of n�itural gas and additive substances rendering them completely safe. Abandoning facilities in place shall not relieve the Grantee of the obligation and/or costs to remove or alter such facilities in the event the Ciry determines and requests Grantee, in writing, to remove or alter such facilities as is necessary for the installation, operation or maintenance of any Ciry owned utility or for the health and safery of the public, in which case the Grantee shall preform such work in a timely manner at no cost to the Ciry. In the event Grantee does not preform such work �vithin a reasonable time following written notice from the City, the City may do, order, have done, any and all work on such abandoned facilities, and the Grantee, upon demand, shall pay to the Ciry all costs of such work. Grantee shall be responsible for any environmental review required for the abandonment of any facility and payment of any costs of such environinental review. SECTION XIV. Emergency Response Plan: Grantee shall prepare and file with the Ciry an emergency management plan for responding to anj� spill or other emergency condition. The plan shall designate responsible officials and emergency 24-hour on-call personnel and the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate �vith the Cit.y and make every effort to respond as fast as practical with action to minimize damage and to protect tlie health and safety of the public. SECTION XV.Tariff Changes: If grantee sliall file, pursuant to Chapter 80.26 RCW, with the Washington Utilities and Transportation Commission (or its successor) any tariff regarding � the use of the rights of way affecting the Ciry's rights arising under this Franchise, Grantee shall give the Citj�Clerk written notice thereof within rve (�) days of the date of tiling. SECI'ION XVI. Road Side Hazlyd Inventorv and Control: All as distrihution g system utiliry objects located 'ui hazard areas, as dcfined by tlie State of Wasliington, Department ORDINANCE NO. 4325 of Transportation, Control Zone Guidelines, shall be relocated, protected or removed within thirty-six (36) months after the acceptance of this franchise by the Grantee in accordance with the schedule of proposed work attached l�ereto as Attacliment "A" and incorporated herein by this reference. SECI'ION XVII. Cathodic System Toint Monitoriiig: (A) Toint Monitoring: The Grantor and Grantee shall develop a Cathodic System Joint � Monitoring Program that shall check the Gr:intec's cathodic system, on a semi-annual � basis, at selected sites for any currenl leakage between the Grantee's gas distribution . system and the Grantor's metallic water, Salll[11'y SeWef 111C� storm sewer systems. If a problem with cathodic protection is de.tected as a part of the testing, then the agency with responsibility for remedial action as estaUlislied. under Section XI above shall perform and complete remedial action�vichin ninety(90)days. . (B) System Review: The parties shall each revie�v tlie cathodic protection systems proposed to be installed by the other party as follows: 1. The parry proposing the installatiou shall 'uiclude information regarding: a. The location(s)and operational autput(s) of existing cathodic protection II systems. ' b. The area of water or gas system to be protected. c. The location of the rro�osed syste�n d. T'he type of groundbed of tlie I�roposed system. e. 'I'he aniicipated current output of thc ��roposed systeni. 2. The partics agrec to provide such infor�nation to the other agency prior to the installation of the proposed cathodic protection system. The Grautee agrees to provide such information at the time of its permit applirition for the proposed installation. SEC1'ION XVIII. Retroft of Gas Nieters/Shut-off Valves Within Buildings: All gas distribution system facilities that incliide neitl�er a gas meter or shut-off valve located outside of a structure and �vhich are inaccessible to tl�e Ci �ublic safet forces in time of an emer ene , �Y 1 Y � Y shall be relocated by the Grantee at its sole eapense to a position outside of the structure so that gas service to the structure can be readily sl�ut off by tl�e City public safety forces in the event of an emergency. The relocation shall be accomrlished in accordance with a schedule of construction established by the Administrator aiid Fire ;�larshall. Provided, that nothing in this section shall be deemed to prohibit the Gr:intee from recovery of the cost of such retrofitting from its customer. SECTION XiX. Installations Located Outside of Public Properties: It is understood and acknowledged that certain portions af tlie l�resent gas distriUution system may be installed on rarcels of real property owned 'ui fee by City�vl�icli are not included within the definition of "Public Properties", and over which this francl�ise is not :ipplicable. If said facilities are not covered by an existing easement or othcr peitinit granted Uy the City, upon identification by Ciry and/or Grantee of any such install:ition, City ar�d Grantee shall negotiate a mutually , acceptable easement or lease agreement to authorize the faciliry to remain in the location. The terms of the easement or lease to he negotiated ma��include, but sl�all not be limited to, thc legal descrirtion of the locatioi� of the inslzllation, the consider.itioii to be received for the encumUrance upon the City's fee-oa�ned property, and tlie cernis upon wl�ich the installation shall be permitted to remain and/or to be removed. In the event a satisfactoty easement or lease ORDINANCE NO. 4325 is not executed within 120 days of the effective date of this franchise, the Washington Natural Gas Company shall remove, at its expense, within 90 days thereafter, those.facilities from City- owned properties. SECITON XX. Acceptance by Grantee: After the passage and legal publication of this Ordinance as provided by law relating to granting of franchises, and if accepted thereafter within thirty (30) days by the Grantee, the Grantee shall indicate such acceptance by its filing with the City Clerk of the City of Renton an Unconditional Written Acceptance thereof, to be executed according to law. The failure of the Grantee to so accept this Ordinance within that period of time shall be deemed a rejection thereof by the Grantee, and all rights and privileges herein granted shall, after the expiration of the thitty (30) day period, if not so accepted, absolutely cease and determine unless the period of time shall be extended by the Ciry by proper ordinance duly passed for that purpose. SECI'ION XI�II. Severabilitv: If any section, subsection, paragraph, sentence, I clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validiry of the remaining portions of this Ordinance. SECTION XXII. Effective Date: This Ordinance shall be in full force and effect 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 by Grantee. , SECI'ION XXIII. This Ordinance shall be effective upon its passage,� a�.prcival,'a.�d thirty days after publication. � PASSED BY THE CITY COUNCIL this 12thday of_ Au ust , 1 j91. L���� ��Z�,�rJ " : Marilyn J. en, Ciry Clerk APPROVED BY THE MAYOR this 12ttrtay �'', Au ust , 1991. � � , Ea 1-Clymer, Mayor Approved As To Form: Lawrence J. Warren, Ciry Attorney Date of Publication: Published in Summary - August 16, 1991 ORD. 200:7/19/91. ORDINANCE NO. 4325 UNCONDITIONAL ACCEPTANCE 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: September 6 , 1991. � Washington Natural Gas Company R. R. Gollive'r By President & COO Its Attachment"A" w ORDINANCE NO. 4325 ATTACHMENT"A" ROAD SIDE FACILITY SCHEDULE SCHEDULE SITE PROPOSED WORK 1991 1992 1. Glencoe Rectifier Replace existing steel with X 2300 Anacortes Avenue NE fiberglass pole 2. Kennydale Rectifier Relocate near R/W margin&install X 2000 Edmonds Avenue NE new electrical service 3. Regulator 445 Install breakaway guard posts X S. 7th Street and Grant Avenue 4. Regulator 1032 Raise steel lid flush X 5. Regulator 550 Install breakaway guard posts X SW 12 and Maple Avenue SW 6. Regulator 2180 Install breakaway guard posts X N. 30th Street and Lake Washington Blvd. ' 7. Regulator 815 Install Jersey Barrier X , N. 8th Street and Houser Way N.