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Home My WebLink AboutORD 2428 � � 4 �..._._�.. q . . . • _ _ . ._ , - . • f, �� . • �, . . • • • � a .~y ��• �. y• . � ?rr �.� � � . � 6 . ) a • �,��,L� • �. � � , ' .. , � . - 4, .. . • . �1� , �� ' �' • ' " ' � ��2 '-� ORDINANCE NO. �f �``�� . AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, � - GR�N^1ING UNTJ PUGET SOUND POWER & LIGHT C�NfPANY,. - A, CO�P�RA.lIOId', ITS SUCCESSOR� .AND A::SIGNS, ��. • ' ��GHT, PRIVILEGE, AUTHORITY AND FRr'�L�TCKISE TO ��i, ' EREC2�, CONST�tUCT AND MAINTAI�I.. POLE� AND h'IRES B UNI7��.�ROUND CABLES, �'OGETHER. WT_'�H �1PP[TRTENAN�ES . ��:1�T0, �PON, �t1F'.�R, UAjDER, t�L�,TG, .�.f��. �� . ��KE�TS, �1JENt77ES�, AL:�EYS tS�' fiHE� CITY OF RENTOI� •�OR THE PURPOSE OF TRANSMISSION, DISTRIBUTI��V • �crD ��"� OF ELECTRSC ENERGY, FOR POWER, I��T _ �tl� LIGHT AND FOR ANY OTHER PURPOSE OR i�URPOSES ' �`UR tiV$ICH ELECTRZCITY T�Y .'t3E USED. " U� IT .��I�7ED I3Y THE MAY0�2 AND THE CITY G�UI�G�I., C)F �'H�� . . CITY C,�.�' �NT.t�N [�s FOLL�7WS : SEC�'�:�'iv- �: . Tfiere �s �:�r�.�� gi�ve� �.��d. �.rant�d Ginto " Puge� Sound Power & T ight �c�mpany, a Yn�'�.shin�ton �orpora�:ion, its . � / suc��ssc��:s an�:�, a-s�;gns-, �ar a ��ria�. ��'� �-�(� U y� ,� fror� �� . , taxzng effec�c o£ t�i.s Orda..nancet. the right, privile�e, �.�zthority �r�r�' �zanc��:��y:�: �c� cr�c�, �lace, e�:c�nstru..ct� �na�'nt�.�:x.i �:nc�� us� pc�l'�� ,�ith, or wi�n�ut �ross�t��7ns�, and �.�� r�ven�.t��t �r neee��.ry appurtenances, ��uipmen�c a:n� facil��c�� for ��::: stz��rt�rt o� �� po�.e� and for t'ci�° suppor��:. e�;f wir�:s, �_r u�c�.��xc��ur�t �.��G=�:.� wit?�. ��a��t.en�nc��s t'�eretc�, over,, unc�'er, �Ic��y �:x�� upar� �I�e stree�s, �,�renues, aYl�tirs a�� publ�c plac�s �v.��iin. the g��.r�:��a:�- ancxr�futz��e 1�:?r�z�ts af t�e �`i�c� Q.f R�-ri�:c�rr., ar_c1: �o� mai�t� �:ri�t�> u:s�� : s��ne £�'x �nd. in connection with or to f�cilitate the generation, �:�'�.n��ms�_ssi�r�, dis�.rYbu�ion, sal�. o� �urn.��ri;._�i� cs�f: �:��a.t�a��i�y � fo�:. �i�h�., heat and Fow�r, �:�rid ��x any otner gu��ose for which _ �, ej.��tricity may ��;�ow or herea�ter� �� s�sed, and to fu�°nish and sell electric� energy f�r power� Zight �-n� r��at,. within the City nf ' 1. Rer.ton for muna,cipalB; doraestic. and manu�acturing uses and for ; I -1- � � . ' , , , , ,, , • d . . .' . � . � r : .. , . � , • , '° . A � ;.. �, � any other purpose or purposes, us'e or 'uses to which electricity ` - may be put, and to charge and collect reasona.ble tolls� rates . � and: compensation for such electric energy for said purposes and � . . i uses. � i SECTION II . Grantee ' s overhead and underground facilities shall be ere�ted and maintained at such locations upon or beneath said streets, avenues and alleys and public ways so as to inter- fere as little as possible with the fr.ee passage. of traffic and the frAe use of adjoining propertj� ar.d the City shall ha��e prior and 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� any conflict arise with Grantee ' s facilities, Grantee shall, at its own cost and expense, j �onform to the utilities and other municipal purposes of the City. �� There shall be no duplicating or doubling up of existing overhead facilities by Grantee or any other utility franchised by the City hereafter but all such new facilities and installations shall be installed underground. � p,Il of such installations shall be made in full compliance with and pursuant to the laws of the State of R'ashinqton and the Ordinances of the City of Renton now or hereafter in force. Grantee shallr whenever feasible, and especially in the develop- ment of new residential, commercial and industrial areas, provide for �he underground installation of its facilities, subject to Grantee'' s filed tariffs and agreements 'r�etween Grantee and the ' . 6 owners of property to be served thereby and subject also to the laws of the State of Washington and to any and all reasonable rules, regulations a�d ordinances of the City now existing or �ereafter adopte�l xelati_ng to underground install�tions or con- vers'ions relating thereto. ; . � . � -- , • . , . , . , � , , . ... _ _ ! • • - - 5r.._� . , ' . , , . _ ' • , • ' . , : , . . . . : , � . . . , � police power to adopt general or specific ordinances necessary . � to pro�tect the safety and welfare of the general public in relation to the rights hereby granted not inconsistent with, � - but without resLricting or limiting any general or specific powe,`rs of the City. - - � SECTION V. Grantee shall timely submit unto the City T'R.4 F-�-��- ' � � Engineer prior to all construction and installation done within an of the ublic ro erties of the Cit %Nd�P/�C<1TF- y p p p . y, a work sketch/�and any � � � � � � T'�r-�� - � . o�her information necessary to inform the City� Engineer of the nature of the work, the location thereof, whether any temporary . or permanent structures will be erected and whether traffic may be obstructed during such construction, provided, that if repairs to Grantee `s faci3.ities are required by reason of any accident or act of God, and if it is not practicable in such case to give j�ea��'ie, the City,�Engineer prior notice, Grantee may accomplish such � repairs prior to the submission of the required information. Grantee �hal1 comply with all laws and ordinances of the City of Renton relating to the construction and installation of Grantee ' s facilities and shall secure all necessary permits and pay all necessary fees in connection therewith. No park, public square or public place of like nature shalZ be excavated or torn up if �here is a substantially equal and practical way around same, and the practicability of said alternative to be determined by the TizA��c.. City�Engineer. SECTION VI. Whenever any person shall have obtained II permiss�.on of the City of Fenton to use any street of said City -4- , � . . - � '� ' `. • � . . , ; .' .., ,� . _� .. � � ' . - � , - � . - � � � � ' " � j , . for the purpose of moving any building or structure, then � � . , Grantee, its successors and assigns, upon not less than four (4) days ' written notice from the City Clerk shall raise, remove , . � � or temporarily relocate, at the expense of the person desiring . � _ to move said building or structure, if any, any of its or their wiires which may obstruct the removal � of such building; providing that all such moving shall be done in accordance with the rules . and _regulations and the general ordinance of the City of Renton ' at reasonable hours and in a manner so as to cause the least amount of interference with traffic conditions and the normal � � busix�ess of Grantee; whenever more than one route is available for Lhe moving of such building or structure, same shall be moved on such streets as shall cause the least interference with public traffic and the lines of Grantee. Furthermore �he person causing said house or structure to be moved shall indemnify and save the Grantee harmless of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly by the moving of said building or structure. SECTION VII . Notwithstarding any provision herein to - the contrary any excavations and installatioris by the Grantee �n any of the public properties within the corporate limits of the City shail 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 ir, pupiic properties of the City, and under the direction and supervision - �RAFFi� . of the CitynEngineer. � -5- � ' . .. . - , , a . . . . , Grantee shail leave all streets, avenues, roads, alleys, lanes, public places, after such ins tallation and construction work, in as good and safe condition in all respects as they were . 2�efore the commencement of such work by the Grantee, its, agents � or contractors, and in case of any damage to any of said streets, avenues, alleys and other public places as hereinabove specified k�y the Grante�, then Grantee shall immediately repair or cause �.o be repaired all of such damage at its sole cost and expense. The City Council, acting by and through its appropriate depart- men� heads having jurisdiction, may at any time do,. order and � Y�ave done any and all work considered necessary to restore to a safe condition any such streets, avenues, alleys and other . public places left by the Grantee or its agents in a condition dangerous to life or property, and the Grantee upon demand shall pay unto the City all costs of said construction or repair and of doing such work. SECTION VIII. Grantee hereby agrees and covenants 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, corporations or property by 'I reason of the construction, operation and maintenance of Grantee ' s system, l�nes and facilities. In case any suit or action is �rought against the City for damages a=isi�g out of, or by reason of the abover�entioned causes, the �ity shall cause t.i.mely written notice thereof to be given to Grantee, and upon _6_ ' . . , . ' . ' . ' . .. � . � such notification Grantee shall defend the same at its sole cost i � • . and expense, and in case judgment shall be rendered against the City in such suit or action, Grantee shall fully satisfy said judgment , � - within thirty (30) days after said suit� or action shall finally have been deter_mined if determined adversely to the Ci�y. In the event that Grantee fails to satisfy said judgment within said time period, the C�.ty may elect to give not less than ten (10) days ' written notice of its intention to revoke this Franchise if said judgment_ is not satisfied within. said period, and upon the expira- �ion of said period and the failure of Grantee to sat�.sfy said � �udgment, this Franchise shall at onGe cease and terminate. SECTION IX: The Grantee shall at all times keep full and complete plans, plat or plats, specifications, profiles, and re= cords showing the locatiorL, installed depth, and size of all its installations and lines heretofore laid in the City, and hereafter installed, and such plans and specifications shall be kept currer.t by the Grantee to show thereon the locations of ail additional lines hereinafter installed by the Grantee, its successors and assigns . Copies of said records, together with an app ropriate map of Grantee ' s . underground installations, and supplemental work sketches of Gra �ee ' s ,�s- 6U,�f �� underground and overhead installations (including -�.z�;t copies of work sketches showing final installation) shall be furnished t� TRA��G-- the �City�Engineer of the City of Renton ir_ order to provide the C�ty at all times with an up to date record o� all installations SC.�✓✓/,C t'C�' owned, controlled or ser��-e�es- by Grantee within the City limits . -7- _ . - � � � . . . ' . - �.�_.� � . . . . , , . . � . � . . SECTION X: Grantee sha11 have no recourse whatsoever � against the City of Renton for any loss, cost, expense or damage arising out of any provision or requirement of this Franchise or . the enforcement thereof. This Franchise czoes not relieve the � Grantee of any requirement of any City ordinance, rule or regula- tion or specificatio.n of� this City acting under its police power, � including but not limited to any requirement relating to street saork, street excavation permits and fees therefore, or the use, removal or relocation of property and streets. No privilege or � exemption is granted or conferred unto G-rantee by this Franchise except those specifically described herein, and such privilege claimed under this Franchise by the Grar.tee in any state shall be subordinate to any prior lawful occupancy of the street or any subsequent improveinent or installation therein by the City of Renton. " SECTION XI: In the event the use of any franchised pro- perty is permanently discontinued, or no franchise has been obtained therefor upon expiration of this Franchise, or witnin thirty. (30) days after any termination of this Fxanchise, then Grantee shall promptly remove from the streets ' and other properties all of its facilities, at GranLee 's sole cost and expense, except those instal- ' �I lations that City may permit to be temporar�.ly or permanently abandoned. . SECTION XII : Nothing in this Fraiichise contained shall limit the right ot tY:e City, in the mannet arovided by law, �.o -8- . . t w. n , • . : .. � - � , . - , . . . ' . - � , acquire by condemnation or otherwise, any property of Grantee operated hereunder without allowance or enh�.ncement of value for � �he unexpired portion of any franchise or permit granted by the � City of Renton except for the actual cast paid to the City for obtaining such f ranchise at the commencement thereof. � SECTION XIIT_ : In case of the material failure by the � Grantee, its �successors or assigns, to comply with any of the pro- visicns of this Ordinance, or if Grantee, its successors or assigns, do or cause to be done any act or thing prohibited by or in viola- ti.on. of the ter.ns of this Franchise Ordinance, Grantor may elect to give not less than thirty (30) days ' written notice of such violation and of its intention to revoke said Franchise if such . vi.olation �� not co_rrecte� w�_�hin sucn �eri�d, and upon the expira- i . tion of saicl period and the failure of the Grantee to correct such violation, the Grantee, its successors and assigns, shall forfeit all rights and privileges granted by this Ordinance and all of its rights hereunder shall cease and terminate, provided, that if Grantee has during said period made a �iligent effort to correct such violation and if Grantee' s faiZure to so correct the same sha11 be caused by circumstances beyond the reasonable control of Grantee, including, but not limited to, acts �f God, Iabor disputes, material s ort e e ve t t ' t' �- I� h ag s, or ord r of go rnmen aI au hority having �urisdic ien, then Grantee' s rights hereunder shall not so terriinate, and Grantee may apply to the City for an eYtension of time for a reasonable •'s-� C��e�r�G�- S�lc�� [:%ie�/�i7;�,� � period of time. wh�.ch shall not be unr�onaC��ithheld. .. 0� . , .' `g_ : ' ��._ .�. . - � . . , . � . II • ` . . . � �n addition to other remedies provided herein, the City reserves and has the right to pursue any remedy to compel and force Grantee, its successors and assigns, to comply with the � terms hereof and to furnish the services herein called for, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring the forfeiture for any reason herein stated after giving the required notice as specified in the immediately preceding paragraph, nor shall the. delay of the City in declaring any forfeiture preclude it from thereafter doing so, • unless the action of the City shall have prevented, caused or con- tributed materially tc the failure to perform or do the act or thing complained of. � SECTION XIV: Grantee, its successors and assigns, may not assign this Franchise without the prior written consent of the City Council of the City of Renton 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 bznding upon the Grantee 's successors and assigns and independent contractors of the Grantee, and a copy of the assignmerit shall be filed with the City Clerk. Such consent to assignment shall not be unreasonably withheld , by the City and shall be granted whenever the state governmental � authority naving jarisdiction thereover has, after due investigation and notice, authorized� such assignmer�t. SECTION XV: All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors ' -10-- . . ' E:.- -` . � .. � _ . . . . and assigns of the Grantee and all privileges, as well� as all , /ll l! '� obligations and liabilitiEs of the Grantee shall � to its successors and assigns equally as if they were specifically men- � tioned in this Franchise wherever the Grantee is so mentianed. SECTION XVI : After the passage and legal publication of � this Ordinance as provided by law relating to granting of f ran- chises, 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 Rentor. an unconditional written • acceptance thereof, to be executed according to law, and a failure of the Grantee so to accept this Ordinance within �the specified period of time shall be deemed a rejection thereof by the Grantee, and all righ�s and privileges herein granted shall, after the expiration of said tnirty (30) day period, if not so accepted, �j�rri:�al P�T':= absolutely � cease and -de=�.erma,x�s... unless said period of time shall ne extended by the City by proper ordinance duly passed for said purpose. SECTION XVII : 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 XVIII : The City of Renton shall at all times have � the right, without compensation, to make use of any and all poles � and conduits of said G-rantee, its successors a�d assigns, . for t'ne stretching of wires owned or controlled �y the City for any fire alarm, fra�fic, telegraph or police sigr_aI call service, water r ' . _'��_' . :.... . _ . ' . _ ' . . . - ' � - - .- , • � . ,. .. . . . . . . . . . . . . . � . . . . . . . _ . . . . r � . department service, or like municipal service or purpose, and of attaching of any said wires to the poles of Grantee, its successors and assigns, uponspaces on said poles to be assigned by Grantee, without making any compensation �or such use; but sucY-i use shall be in such manner as to not unreasonably interfere with . the full and f ree use of said Grantee, its successors and assigns, of said poles, lines and conduits, and further provided that such . �onstruction by the City shall comply with the laws of the State _ of Washington, and conform to the construction standards of Grantee. " SECTION XIX: This Ordinance shall be in full force and effect f rom and after its passage, appro��al and legal pubZication �s provided by law, and provided it has been duly accepted by Grantee as hereinabove providad. A�l costs of publication in connectior� with this Ordinance shall be paid �for by Grantee. . Upon the effective da�e of this Jrdinance and the FranchisQ granted thereunder, City of Renton Ordinance No. 1001 dated July 19, 1938 providing for the granting of a franchise Lo Puget Sourid Power & Light Company shall be and the same is thereupon repealed and all of Grantee' s rights an� obligations thereunder shall be and come to an end therewith. . PASSED BY THE CITY COUiVCZL t'nis �� day of C��%� . U 196�. . � _ ��ac-t,C� - _ �� Helmie Nelson, �ity C��Y�k � -I2- t_ . , � .. , , � . � . , . � _ , . . . ; i � APPRQV�D BY THE MAYOR this ..��day af L��-�'"� , �.9�• , . � � � , ' b ' � _ ' • � / - � . �l. .. . ' . �anald W. Ctzster, Mayor - ' DATE OF PUBLICATION - 15�` PRESENTAI'ION ; OCTOBER 5, a96� - DATE OF PUBLICATIOt� AS A PROPOSED ORpINANCE. MAY 29. I968 � �u��ca�r��y�� TE RUG 9 i9�8 � Approved as to form: . �� . I �� . Gerard M. Shellan, City Attorney ' . . ' , The undezsigned PtTGET �C}UND p4WER & LIGHT �C�MPANY, a Wash- ing�on corpora�ian, hereby accepts aIl the rights an d pri.vileges �f �he above granted Franchise, subject to aIl ihe terms, candition� and obligatians contazned therein. - DATED �his �th day of Aucrust . 1'��- � PUGET SQUND POWER & LIGHT COM,PANY �1_`7�C7��(sT��--s2.��:.�'� �� i""ce President B '��,---- y �-'=._h. Assis�.an`��`�retary � I z �.�3�- i . , ` - - - - -- - -