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Ordinance 2346ORDINANCE NO. 2346 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, GRANTING TO WASHINGTON NATURAL GAS COMPANY, A WASHINGTON CORPORATION, AND A PUBLIC UTILITY SELLING AND DISTRIBUTING GAS WITHIN THE STATE OF WASHINGTON THE RIGHT AND FRANCHISE TO USE AND OCCUPY THE STREETS, AVENUES, ROADS, ALLEYS, LANES AND OTHER PUBLIC PLACES AND WAYS OF THE CITY OF EDMONDS, WASHINGTON, FOR CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPER- ATING A GAS DISTRIBUTION SYSTEM AND ACCES- SORIES WITHIN AND THROUGH THE CITY OF EDMONDS, WASHINGTON. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City of Edmonds in Snohomish County, Washington (herein called the "Grantor") hereby grants to Washington Natural Gas Company, (herein called the "Grantee"), is successors and assigns, for the full term of twenty-five (25) years from and after the date of adoption of this ordinance, 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, pur- chase, transmission, sale, and distribution of artificial, natural and/or mixed gas, herein referred to generally as "gas", including the right to construct, lay, extend, main- tain, remove, replace, repair, use and operate gas pipes and gas mains, and all appurtenances and appendages thereto, in, under, on or across the present, and future public streets, avenues, alleys, highways, bridges, easements, lanes and other public places within the present or any future corpo- rate limits of the Grantor or its successors, for the purpose of distributing, supplying and selling gas to Grantor or its successors, and to the individual and corporate inhabitants thereof as well as to persons or corporations beyond the present or future corporate limits thereof. Section 2. At all times during the term of this franchise Grantee shall fully comply with all applicable regulations of the Washington Utilities and Transportation Commission now promulgated in Title 480 of the Washington Administrative Code or as hereafter amended, and promptly and without discrimination furnish a reasonably adequate supply of gas within the limits of the supply of gas reasonably available to the Grantee, to the City and to persons and corporation inhabitants thereof who request the same and agree to abide by Grantee's reasonable rules and regulations, and shall acquire, construct, maintain and equip and operate all necessary facilities for the manufacture, generation, purchase, transmission, sale, supply and distribution of gas for the benefit and convenience of the City and its inhabi- tants, and shall make promptly such extensions to existing facilities as may be required by one or more customers, or prospective customers, provided that if the revenues to be derived from such extensions shall not afford a fair and reasonable return on the cost of providing and rendering the -2- required service, then Grantee shall be permitted to, and is hereby authorized to exact from such customer, or cutomers, such cash advances, minimum guarantees, service guarantees or other arrangements, as will enable Grantee to earn a fair and reasonable return on the cost of providing and rendering the required service. The Grantee further agrees that it will provide service personnel on a twenty-four hour basis who will be available on call with as fast as practicable response time after the Grantee has been notified that an emergency exists. Section 3. Grantee's facilities shall be so located or relocated or so erected that construction thereof will interfere as little as possible with traffic over said streets, avenues, alleys, highways, bridges, easements, lanes, and other public places, and with reasonable egress from and ingress to abutting property. All excavations and the location or relocation of all facilities hereunder shall be subject to the supervision, direction and approval of the Mayor and City Engineer. The Grantee shall leave all streets, avenues, roads, alleys, lanes, public places and ways, after laying and installing mains and doing construc- tion work, making repairs to equipment, etc., in as good and safe condition in all respects as they were before the commencement of such work by the Grantee, its agents or con- tractors. In case of any damage to streets, sewer or water utilities, or any other public facilities, utilities or property by the Grantee, said Grantee shall immediately -3- repair said damage at its sole cost and expense. After giving reasonable written notice to the Grantee, the Council may do, order and have done any and all work considered necessary to restore to a safe condition any such streets, sewer or water utilities, or any other public facilities, utilities or public property left by the Grantee or its agents in a condition dangerous to life or property, and the Grantee, upon demand, shall pay to the Grantor all costs of such construction or repair and of doing such work. The Grantee shall correct or replace forthwith, on receipt of written notice thereof, any defective work or materials used in the replacement of the Grantor streets or property discovered within a two-year period of the date of the replacement and acceptance of such repaired streets by the Grantor and shall restore the streets or property to as good and safe condition in all respects as they were before the commencement of work thereon by the Grantee, where the change in condition was occasioned by the work being per- formed thereon by the Grantee, within the period of time specified by the City Engineer in the permit issued for such work. When requested by the Grantor, under circumstances reasonably warranting the same, the Grantee, its successors or assigns shall furnish a bond before undertaking any of the work or improvements authorized by this franchise. When so required, such bond shall be executed by the Grantee and a corporate surety authorized to do a surety business in the -4- State of Washington, in a sum to be set and approved by the City Engineer 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 said franchise. Section 4. No fee or charge of any kind shall be imposed by the Grantor upon the Grantee for the blocking, excavating, digging or opening of the public properties of said City for the construction, laying, maintenance, opera- tion, repairing or renewal of Grantee's gas system; provided that the Grantee shall first apply for and obtain all required permits including right-of-way construction and street use permits and pay all permit fee. 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 other reasonable rules, regulations, resolutions and ordinances now enacted or to be enacted by the City Council relating to excavations in public properties of the City and under the direction and supervision of the Mayor and City Engineer, and the Grantee shall pay all costs and expenses incurred by the City in the inspection and supervision of such work. Section 5. Grantor may alter or change, or cause to be altered or changed, by any person, firm, association, corporation, servant, employee, contractor or any other legal entity acting for or on behalf of the Grantor under its -5- authority, the grade or level of any streets, highways, avenues, alleys, main lines of Grantor's water system, storm or sanitary sewer systems and residence lines of Grantor's water system, storm or sanitary sewer systems and residence services extending therefrom, or any projections or exten- sions thereof, or additions to said system. And, the Grantor may, for such public purpose, require the Grantee to change, alter, construct, improve, locate or relocate its gas pipes and mains; and the Grantee, its successors or assigns, upon reasonable notification by Grantor's City Council shall forthwith change, alter, construct, improve, locate, relo- cate, repair and maintain its gas pipes and mains and all appurtenances and appendages thereto, at its own cost and expense so as to conform to the changes reasonably required by Grantor's City Council. Section 6. The City reserves the right to adopt and enforce all necessary ordinances to control the performance of the conditions of this franchise, including any reasonable ordinance of a police nature in the exercise of its police powers in the interest of public safety and for the welfare of the public, the City shall have the authority at all times to control by appropriate regulations the location, eleva- tion, and manner of construction and maintenance of the Grantee's gas property and facilities on public properties, and the Grantee shall promptly conform with all such regula- tions, unless compliance would cause Grantee to violate other requirements of law. The Grantor may require by any such ordinance all necessary inspection provisions required for enforcement. Section 7. The Grantee shall at all times keep full and complete plans, plat or plats, specifications, and records showing the location and size of all gas mains and lines heretofore laid in the city, and showing the location of all gauges and other service construction, and such plans, plat or plats, specifications, profiles, and records shall be kept current by the Grantee to show thereon the exact loca- tion of all additional mains and lines hereinafter installed by the Grantee and its successors and assigns, and they shall, within 48 hours, be subject to inspection by the proper officials and agents of the City. Furthermore, for the purpose of emergency preparedness upon the Grantor's request the Grantee shall furnish free of cost a plan showing the location and purpose of each and every major shut off valve in the City. Section 8. The Grantee shall indemnify and save harmless the City of Edmonds from and against any and all liability arising from injury or death to persons or damage to property occasioned by any faulty construction, defective material or equipment and/or maintenance, or by the improper occupation of said streets, avenues, roads, alleys, lanes, public places and ways by the Grantee or by reason of the negligent, improper or faulty manner of safeguarding any excavation, temporary turnouts and/or by any other negligent act or omission of Grantee, its agents, servants or -7- employees, irrespective or whether in connection with any such act or omission it is alleged or claimed that negligence of the City caused or contributed thereto, provided that this sentence shall not apply if it is determined that the City was more at fault than Grantee for the injury or damage. In case suit or damage is brought against the City for damages arising out of or by reason of the above mentioned causes, the Grantee will, upon request by Grantor, defend the same at its sole cost and expense. In case judgment shall be rendered against the City in such suit or action and it is determined that the City was less at fault than Grantee for the injury or damage, the Grantee will fully satisfy said judgment within 90 days after said suit or action shall have finally been determined. Section 9. This grant shall not be exclusive and shall in no manner prohibit the Grantor from granting other franchises of a like nature or franchises for other public or private utilities over, along, across, under and upon any of such streets, avenues, roads, alleys, lanes, public places and ways, and shall in no -wise prohibit or prevent the Grantor from using any of said streets, avenues, roads, alleys, lanes, public places and ways, with full power to make all necessary changes, relocations repairs, maintenance, etc., of same as the Grantor may deem fit. Section 10. Upon failure of the Grantee to comply with any of the provision or conditions hereof, or of any provisions, restrictions or limitations contained in the City MM Code, the State law of the State of Washington or the ordi- nances of the City of Edmonds, within sixty (60) days after service of notice on Grantee to comply with any such provi- sions, conditions, restrictions or limitations, made and served by order of the Grantor's City Council, upon the behalf of Grantor, the Council may declare by ordinance an immediate forfeiture of this franchise, and said Council may in such case declare and enforce such forfeiture. Section 11. All of the terms, provisions and condi- tions hereof shall inure to and be binding upon the respec- tive successors and assigns of the Grantee and no right, privilege, license or authorization granted to Grantee here- under shall be assigned or otherwise transferred without the prior authorization and approval of the City Council. Section 12. All ordinances, parts of ordinances and any part or portion of the City Code of the City of Edmonds in conflict herewith shall be and the same are hereby repealed. Section 13. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 14. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law, provided that the Grantee accepts ME the same by filing its written acceptance thereof in the office of the Grantor's City Clerk within thirty (30) days after adoption of this ordinance by Grantor. Failure of the Grantee to file such written notice within said period shall be deemed an abandonment and rejection of this franchise and the rights and privileges thereby conferred, and this ordinance shall thereupon be null and void. APPROVED: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENE jlARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: December 23, 1982 PASSED BY THE CITY COUNCIL: January 11, 1983 POSTED: January 12, 1983 EFFECTIVE DATE: January 17, 1983 -10- The term and conditions of the foregoirLq Franchise Ordinance No. are hereby accepted this day of 98;. WASHINGTON NATURAL GAS COMPANY R. R. Golliver, President ATTEST: R. J. m inson Vice 1fresident - Legal and Secretary Above acceptance received by: City Clerk, Irerif Varney Moran Dated: �:r LL -11- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 12 day of January , 1983, affiant posted true and correct copies of the attached Ordinance No. 2346, passed by the City Council on the 11 day of January , 19 83, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 12 day of January ► 1983. SUBSCRIBED AND SWORN to before me this day of 190J. ota y Public in and for the State of Washington, residing at ��