Washington Natural Gas Franchise AgreementIMN3-
t
ICJ
ORDINANCE 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
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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
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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
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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
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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
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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
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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
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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
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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:
TR, . H. HARRISON
ATTEST/AUTHENTICATED:
4--ee& 2 e 6La,2:1�
CITY CLERK, IRENEtVARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WI THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
POSTED: January 12, 1983
EFFECTIVE DATE: January 17,
December 23, 1982
January 11, 1983
MOM
The terms and conditions of the foregoing Franchise
Ordinance No.
are hereby accepted this day of
198.7.
U
ATTEST:
R. J. T)Smlinson
Vice President - Legal
and Secretary
Above acceptance received by:
WASHINGTON NATURAL GAS COMPANY
R. . Go aver, President
C--A 4-.,% it -,Cf
City Clerk, Iren Varney Moran
Dated : /- 9,5'
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C
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 , 19 83, 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 /ai day of
❑ta y Public in and for the
State of Washington, residing
at ,I. 7-,Y—A�LL'- -Z '
STATE OF WASHINGTON,
as.
COUNTY OF SNOHOMISH, y
1
ORDINANCE NO. 2346
AN ORDINANCE OF THE CITY OF EDMONDS. WASH-
INGTON, GRANTING TO WASHtNGTON NATURAL
GAS COMPANY, A WASHINGTON CORPORATION,
AND A PUBLIC UTILITY SELLING AND DISTRIBUT-
ING 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
OP EDMONDS, WASHINGTON, FOR CONSTRUCTING,
MAINTAINING. REPAIRING, RENEWING AND OPER-
ATING A GAS DISTRIBUTION SYSTEM AND ACCES-
SOWES WITHIN AND THROUGH THE CITY OF ED-
MONDS, WASHINGTON.
THE CITY COUNCIL OF THE CITY OF EDMONOS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Sec}loin 1. The City of Edmonds In Snoln"Ish County,
washington [herein coiled the "Grantor"I hereby grants 10
Washington Nafu:'al Gas Company. (herein celled the
"Grantee'), Is sir-cessors and asslons, for the NO term of
twenily4lve 1.251 years from and after the date of adoption
of this ordinance. the right. privilege. authority and
franchise to construct or otherwise occuire and to own,
maintain, equip- and operate Punts and works, and all
necessary or deslroble oopurtenances thereto, for the monu-
ICCfilre, generaiidn, purchase, Irons mission, sale. and disiri-
bullon of ortIffclal. rralural andler mixed pas. hereln re-
to,rred fo generally as "gas". Including the right To
construct, lay, extend, maintain, remove, replace, repair,
use and operate gas alpes and gas mains. and all appurle-
nances and appendages 'thereto, in, under, on Or across the
preserrt, and future public streets, avenues. alleys, high•
wayg. bridge, easements, lanes and other public Moces
within the Present or onv future corporate limits of the
Grantor or its successors. for the purpose of dlslrlbUtIrlor
supplying and sellln,7 gas 10 Grantor Or its successors, and
to the irndtvlduai and corporate Inhabitants thereof as well
a. to persons or corporations beyond the present or future
corporate limits thureof-
Section 2. At oil limes during the term of this fronchise
Grantee shall fully comply wish all appllcoble regulatlans at
the Washington Utilities and Transportation Commission
now vromuiooted In Title 480 of The Washington Adminlstro•
live Cade or as hereafter amendedr and promptly and
without discrimination furnish a reasonably odeouate supply
at gas within fine limits at file suopty of gas reasonable
available to the Grunlee, to the City and to persons and
corporatlan Inhabitants thefeol who reaue5t the some and
agree to abide by Grantee's reasonable rules and (eQuta-
tions. and shall OCg4fire, consiru[I, maintain and equip and
operate a I I neces5ary 1aC I it ks for the .m a nu+ach) re, aenera-
tion, purchore, ironsmissWrn, sale, supply ono distribution of
gas for the berielif and convenience of the City and Its
inhdbitarNs, and shall make Promoliv such exiensions to
existing Iaclllllei as may be required by one or more
customers, w pro5dective customers, provided that If I"
revenues to be derived from such extensions shall not
afford a fair and reasonable return on the cost of providing
and rendering the required service, then Grantee shale ee
permitted fo, and I$ hereby authorized to exact from such
customer, or customers, such cash advances. minimum
guarantees. service guarantees or other arrangements, as
will enable Grantee to earn a fair and reasonable return on
Inc cost of providing and rendering the required service.
The Grantee further oprers shot it will provide service
Wsomnel on a twenty-four havr basis who will be available
on colt with as last as practicable re5pame lime after the
Grantee hag been notified that on emergency exists -
Section 3. Gronlpe's tacll[ties 5huil be so latafed or re+r
toted or so erected tttat construction fhereof will Interfere
as IWH a as passible with f -offic over said streets, avenues,
alleys, highways. pridoes. eosem eMt. [ones, and other pub•
[it pieces, and wIlh reasonable egress from and Ingress to
abutting property. All excavations and the location or rein
Colson of oil fachifles hereunder shall be subiect to the
supervi5ion. direction and approval of The Movor and CITY
Enolneer. The Grantee shall leave all streets, avenues,
reads, otley X. lanes, public places and wov8. after laying
and Installing mains and doing canstruction work, making
repairs to eravloment, etc., In as goad and safe condhton in
all respects as they were before the Commencement of such
work by the Grantee, Its agents or contractors. In case at
any damage to streets, sewer or wafer utllities, or any
other public facilities, utilities or property by the Grantee,
said Grantee shall Immedlafely repair said damage of Its
sate cast and expense. Aker giving reosonable written no -
fife to the Grantee. the Council may do. order and -have
done any and all work considered necessary la restore to a
safe conditlon ary such streets, sewer or water utilities, or
any offter putgle Tocilities, villitles or public property lett by
the Grantee or Its agents In a condltlon dangerous to life or
propolly, and The Grantee, upon demdnd, shall POY }o fine
Grantor all costs at such construction or repair and of aging
Affidavit of Publication
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113HSVMHS14 t►11-ane
on oath deposes and says
T HERALD, a daily news -
Everett, County of Snoho-
newspaper is a newspaper
State; that said newspaper
by order of the Superior
notice
211112313 IVION3----------------
ied, was published in said
form, in the regular and
g days and times, namely:
0 ributed to its subscribers
If
/ntee shott Correct or replace lorthrvlM, on receipt
A --notice thereof. any dele4tive work or myoferiais a
nreplacement at the Gronio streets 4r property •.....................
M` hhin a two-year period of the date Of the Principal Clerk
Ky no acceptance of such repaired streets l y the
O shall restore test streets or property to as good IBth
G _., kciltion In all respects as they were before fnC
~mrlcemeM of work thereon by the Grantee. where the ore me this
cnoaae In condttsot wos occasioned by the work belnd....................
performed thereon by the Grantee, within me period of lime
specilled by the Cltv Engineer In the permit issued for such
cnnflk* herewith shall be and the ]Gone are hereby
revealed.
Section 13, 11 any section, sentence, clause dr phrase of
this ordinamce should be held to be Invalid or unconstllution. f�
at by a court at competent furisdic1lon, such Inva+ldlty or
unconstitullonollfy shall not affect the valid" er consfitu- - ._...,��'...... ............... «....
.....
ftonaGty, of any other section, sentence, clause or phrase a7 r the State Of Washington,
this Ordinance. hiht
Section TA_ This Ordinance shall be in full force and effect pmaO11Ily
five (5) doys alter passage and oublicotlorl by posting as
provided by low. provided that the Grantee accepts the
same by filing Its written acceptance thereat In the office of
the Grantor's City Clerk within thirty f30s days otter adop•
tiun of this ordinance by Grantor- Failure of the Grantee to
file such written notice within sold period shall be deemed
on obondonmenf and relection of this fronchlse and the
rights and privileges thereby conferred, and this ordinance
shall thereupon be null and void.
APPROVED:
H, H. HARRISON, Mayor
ATT ESTI All THENTI CATS D :
IRENE VARNEY MORAN. City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: December 23, 1982.
PASSED BY THE CITY COUNCIL: Jan. 11. 1"3-
i OSTED: JOr- 12. 1963.
EFFECTIVE DATE; Jan, 17, 1983.
Published: Jan. 11, 1983,
B-2-1
STATE OF WASHINGTON, j
COUNTY OF SNOHOMISH, ss
ORDINANCE NO, 2346
AN ORDINANCE OF THE CITY DF EDMONDS, WASH,
INGTON, GRANTING TO WASHINGTON NATURAL
GAS COMPANY, A WASHINGTON CORPORATION,
AND A PUBLIC UTILITY SELLING AND D1STRiOUT.
iNG 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 DfSTRIBUTION SYSTEM AND ACCES.
SORIES WITHIN AND THROUGH THE CITY OF ED•
MONDS, WASHINGTON.
THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Sectl fn 1. The City of Edmonds in Snohomish County.
WashinoiDa (herein called file "Grahlor") hereby grants to
Woshington "L)raf Gas Company, therein celled the
"Gronfee"1, is Successors and assigns. for the full term of
twenty five (25) Years from and after The date of adoillon
Of this Ordinance, the rlQht, privilege, authority and
franchise to construct or othewlse Dcqulre and to own,
mantaln, equip Dad operate plants Dad works, and all
necessary or desirobfe opputierrgnces then Ma, for the mono-
focture. generation, purchase, transmission, sale, and dAtrl-
bulion of Drtlficlal. noturol and/or mixed gas, hereln re-
ferred to genefully as "gas", inciudino the right to
COn'tr0cf, tax. extend. moinfoln. remove, reploce. repair,
use and Operate gas OlOes end "S mains, and all appurte-
nances Ond appendages thereto, in, under. on or across the
OmSerlt, and future public streets, avenues, alleys. high-
ways, bridges, easements. lanes and other public Wales
within the preseni or any future coruvrote limits of the
Grantor Or Its successors, for the purpose of distributing,
SupPlylag and setting gas to Grantor or its successors. and
to the Individual and corporate Inhobitants fhereaf as well
as to persons Of corporations beyond the bresent or future
Corporate limits thereof_
Section 2. At all times during the form of this franchise
Gronlee shall fully Compty with all coollcabie regulations of
the Washington Utilities and Transportation Commission
now promulgdled in Title 480 of the WOshlnoton Administra-
five Cade or as herPatter ❑mended, and oromotiy and
without discrimination lurnlsh a reasonably adequate wpoly
Of gas within the limits at the supply of Qq$ reasonable
avdlfabie 10 the Grantee, to the Clfy and to persons and
corporation inhabitants !hereof who reWesf the some and
agree to ablde by Grantee's reo5onoble rules and reoulo.
}ions. and ihalf ocpulre. conStru Ct, maintain and eoulo and
operate ail necessary fo[lllties for the nlianufocture. genera-
tion. purchase. transmission, sale, supply and distribution of
goy for the benefit and Convenience of the Clty and its
Mtwbltonts, and shall make promatly such extensions W
existing 101-111fles as may be required by one or more
customers, Of prDspeCtive customers, provided that 11 the
revenues fb be derived from such extensions shall not
afford a fair and reasonable return on the Cost of providing
and rendering the required service, then Grantee shall be
permitted to. and Is hereby outhorized to exact from such
customer, or Customers, such cash odvan[es, m1n{mum
guarantees, service guarantees or other arrangements, as
will enable Grantee to earn a fair and reasonable return on
the cost of provldlno and rendering the required service.
The Grantee further agrees foal ft will provide service
personnel on a twenty -Sour hour basis who will be available
on calf with as fast as Procticable response time otter the
Grantee has been notified that on emeroency exists.
Section J, Grantee's f0tilftles shall be so located Or rela-
cored or so erected that Ctm$truction thereat will Interfere
as little as posslale with traffic over said streets, Dvenuss.
utkys, highways, bridges, casements, Eanes, and Other put}
11c pia CES, and with reasonable egress from and Ingress to
abutllno Property. All excoyattdns and the location or relo-
cation of nil facilities hereunder shall be subletl to the:
sapervisEon, direction and approval of the Mayor and City
Engineer, The Grantee shall leave Olt streets, avenues,
roods, alleys, lanes, public places and ways -after laying
and Installing rrlains and doinu construction work. making
repairs to equipment, etc., in as good and safe conpllipn In
Oil respects Os they were before the commencement of such
work by the Grantee, Its agents or Contractors, in Case of
any damage to streets, sewer or wafer utilities, or any
other ouailc facilities, ufflifles or property by the Grantee,
said Grantee shall immodWely repair sale damage at Is
We Cost and expense_ After giving reasonable written no-
tier to the Grantee, tht Council may do, order and Kaye
done any and all work considerM necessary to restore to a
Sarre condition any such streets, sewer or wafer utl[ille5, of
any other public facilities, util(Kes or public property left by
the Grantee or Its agents In a condiflon dangerous to Itte or
Orooeriv, and the Grantee, upon demand, shall pay 10 the
Grantor all Casts o1 such COnstruci(oa or repair and of o,rino
Affidavit of Publication
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b3HSVMHS1a Wane
311 JL3313 7VI13NS
jrn oath deposes and says
'HERALD, a daily news -
Everett, County of Snoho-
is a newspaper
state; that said newspaper
by order of the Superior
notice .......................
td, was published in said
.`orm, in the regular and
days and times, namely:
xibuted to its subscribers
r
Asep deems
f .........Principal
cote 41!m AamoJp
Clerk
06DJ04s gjp!m-!!ni •
18th
sloaluo) ;!un arc;ins
ore me this .. ....................
IDay a;lulJUI AJDJOH 0
11un 83ulins83-
poop U8AO a!gonowa6 •
Provided by law- pray tded that the Grp nits' OCCWS the
some by filing Its written acceptance thereof In the Office 01
the Grantor's Clly Clerk within thirty 001 days after odop-
flon Of ? the Grantee to
fie de iwrltten notice itthin s ordinance by }said periodor- Failure ashall be deemed
an obandonment and relectlon Of fills franchise and the
rights Ono arMleges thereby conferred. and This ardlnonce
shall thereupon be null and void.
APPROVED:
H. H. HARRISONI. Movor
ATT ESTI Ail THE NTICATED:
IRENE VARNEY MORAN, City Clerk
APPROVED AS To FORM:
OFFICE OF THE CITY ATTORNEY:
FILEO WI TA THE CITY CLERK: December 23, t992.
PASSED BY THE CITY COUNCIL: Jon. 11, 1963.
POSTED: Jon, 12, 1983,
EFFECTIVE DATE: Jon, 17, 1"3,
Published: Jon, 17, TM.
- the State of Washington,
homish County.
B-2-1
�.St 1S9%-)
CITY OF EDMONDS BARBARA FAHEY
MAYOR
250 5TH AVENUE NORTH • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221
COMMUNITY SERVICES DEPARTMENT
Public Works • Planning • Parks and Recreation • Engineering RECEIVED
CITY OF EDMONDS AUG 2 0 1996
BLANKET PERMIT POLICY FOR FRANCHISEES EDMONDS CITY CLERK
Pursuant to the authority vested in the City Engineer pursuant to such documents as
Ordinance 2346, Franchise Agreement between the City of Edmonds and the Washington
Natural Gas Company, this policy is promulgated effective from the period from the date of
issuance through December 31, 1996. This policy is effective only within the corporate limits
of the City regarding work done pursuant to street use and other similar permits. No
procedures established by this policy or actions taken hereunder shall vest any continuing right
in any franchisee. The provisions of the policy are intended to supersede existing procedures
only to the extent that the existing procedures are specifically contradicted herein. All other
procedures shall remain in full force and effect. Cancellation of the policy on December 31,
1996 shall not void any permit then in effect and such permit shall be continued for the period
for which it was issued. The City shall, however, have the right to terminate this policy for
cause as provided below.
Pernii t Tv ne.
Type "A" - Work performed under blanket permit conditions (pre -approved).
Type "B" - Work performed requiring specific review and approval.
Type "A":
1. Service installations perpendicular to City right-of-way and/or City
facilities.
2. Asphalt and/or concrete cuts within the right-of-way of streets six (6) years
old or older.
Type "B":
1. Installations paralleling City right-of-way and/or City facilities.
2. All main extensions.
3. Placement of any above -ground appurtenances.
4. Asphalt and/or concrete cuts within the right-of-way of streets six years old
or newer.
5. Installation or maintenance work on arterial roadways, major collector
roadways and/or roadway sections requiring continued and disrupted traffic
flows.
FRNCHSEE.DOC
a Incorporated August 11, 1890 r
Sister Cities International — Hekinan, Japan
Conditions . Type "A" permits require no review or approval of
work by the City Engineer. Work shall be performed to City standards and specifications and
under conditions set forth in all City codes. For tracking of work performed under the blanket
conditions, a facsimile shall be sent at the beginning of each working day listing the addresses
of work to be performed that day. No work shall be performed under the blanket policy prior
to notification via facsimile. Type "A" permits shall have an expiration date of twelve (12)
months after issuance.
Conditions of Type "B" Permits. Type "B" permits require review and prior approval
of work by the City Engineer. Work shall be performed to City standards and specifications
and under conditions set forth in all City codes as well as any requirements set forth in
addition to as specified by the City Engineer. Type "B" permits shall have an expiration date
of sixty (60) days after issuance.
Pa m n . Payment for permitted work shall be billed quarterly by the City. The
billing shall be calculated by totaling each separate use of right-of-way over a four (4) month
period, including blanket and non -blanket occurrences. Disruption fees shall be charged based
on each separate occurrence and billed accordingly.
Termination Eor Cause. The City reserves the right to terminate this policy for cause
at any time, and either the policy or any permit issued hereunder may be terminated due to the
failure of a franchisee to comply with any written term of this policy or an incorporated
standard or code condition (see Permit B above). Termination shall be effective immediately
upon written notification. Written notification shall be deemed accepted within forty-eight
(48) hours of the date such notification is deposited, post paid, in the U.S. mail to the address
shown on the franchisee's franchise agreement or permit application. Written notification
shall terminate any and all permits then outstanding.
ndemnification and Hold Hatniless. The franchisee applying for issuance of a blanket
permit promises to hold harmless and indemnify the City from any and all liability arising
from or out of the issuance of such blanket permit. The indemnification and hold harmless
provided in the underlying franchise agreement shall remain in full force and effect provided,
however, that both indemnification provisions shall be subject to the same terms and
conditions set forth in the underlying franchise document. By way of illustration but not
limitation, such limitation shall include such provisions as are included in Section 8 of
Ordinance 2346 and other City franchise documents.
This policy has been posted and copies mailed to City franchisees on the
day of 1996. It shall be effective as to any franchisee when a
copy has been duly executed, is acknowledged by a franchisee and returned to the City
Engineer in care of the City Clerk, 505 Bell Street, Edmonds, Washington 98020.
2
FRNCHSEE.DOC
By direction of:
� �� L1,
61
.lames Walker, P.E., City Engineer
Blanket permit policy accepted by:
0 d' � ' 111A,
Ti : Fr " 'see
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that _l J . R I q,
is the person who appeared before me, and said person acknowledged that he/she was 1W
authorized to execute the instrument and acknowledged it as /V 01) u, 1,00[ 0 _0n1s l �6
W . �) 0-, - 0, C) to be the free and voluntary act and deed of such
party for the uses and purposes mentioned in this instrument.
DATED: { C1 b
0, 2 " k' " (- �4' /YIG' P
(Si atur�
�! J M- j�i� n h(A
(Print Nam
NOTARY PUBLIC
My appointment expires:
9-G
3
FRNCHSEE.DOC
Aft? 1'1 `j 31P0." f.
NASHINGTON NA'TURA1. GAS CC ANY �t'J l
INTERRUPTIBLE G.+S SERVICE AGREEMENT UNDER RATE SCHEDULE 86
1 un OR 06 }
THIS AGRFF.NlF.NT made this .......15-... day of..-Feb.rua.ry..................... . 19 .83..... by and between the WASHINGTON
NATURAL GAS COMPANY hereinafter called flit- "Company" nn►I .....Ci.ty..o.f...Edmonds............................................................
.................................................................. hercinal'Icr rallcd the "Buyer".
"Ihe Buyer agrees to buy from the Company and the Company agrees to sell to the Buyer gas for the present commercial
and/or industrial requirements of the Buyc•r ;if
................... ............... I ............... ... ---Edmonds .......... .........WA................ ............. 9802G�.....
.
( Street) ( City ) (:i110le) ( Zip Code )
cinder the Companv's Interruptible Gas Service Rate Schedule No ............. and Schedule No. 1, copies of which are attached
hereto and become a part hereof, and under the terms and conditions of this contract for the term of five (5) years and there-
after from year to year until written notice of cancellalion shall be given by either party to the other at least ninety (90) days
prior to the anniversary date of service commencement.
1. SERVICE CONMIFNCEMENT: Service under this agreement shall commence on..Apr..il..As.t.........................................
19 ...8.3.... or within sixty (60) (lays of the date that Ihc• Company has installed the necessary mains, meters and other essen.
tial equipment to serve the Buyer, whichever is later.
2. DAILY AND HOURLY QUAINTITIES: Subject to the terms, conditions and limitations hereof for interruptible gas ser-
vice, the Company agrees to sell and deliver interruptible gas to the Buyer at a rate of flow up to but not exceeding._8 ............
therms per hour and up to but not exceeding ....96......... therms per day (from 7:00 a.m. to 7:00 a.m., maximum day contracted
delivery - interrclplihle gas) and to sell and deliver firm use gas to the Buyer at the rate of flow up to but not exceeding ... &.......
therms per hour and up to but not exceeding ......$........ therms per day (from 7:00 a.m. to 7:00 a.m., maximum day contracted
delivery - firm use ,gas) at the point of delivery which shall be at the outlet of Company's meter installation and Buyer agrees
to purchase and receive gas from the Company whenever this service is available to him as the exclusive fuel for the follow-
ing purposes: namely,
INTERRUPTIBLE USE ........ Rea.t.i.n.g
FIRMusE ....None.........._........r..........,................ ....---.......... ,_._.,......... ,........................ ....:..................... :........ _............................ :.:........I.._....
THIS PARAGRAPH APPLIES EXCLUSIVELY TO RATE SCHEDULE NO. 85
Maximum day delivery as referred to under the Minimum Charge in Rate Schedule No. 85 is the maximum day contracted
delivery - interruptible gas stated above but shall be adjusted to the actual maximum daily take during the current or
latest November 1 - March 31 period, if take is greater than that contracted for. Due to inability to maintain precise con-
trol, adjustments to maximum day contracted delivery shall not be made for any overrun of maximum day contracted de-
livery when such overrun does not exceed 5 0.
3. CURTAILMENT: The interruptible and firm use gas service furnished hereunder is subject to all the terms and con-
ditions of Schedule No. ..86...... and Rules and Regulations filed with the Washington Utilities and Transportation Commission
and to those prescribed by the Washington Utilities and Transportation Commission and as same may from time to time here-
after be legally amended or superseded. The Company will endeavor to give die Buyer as much notice as possible with respect
to curtailment of service. The Buyer agrees that he will curtail his use of interruptible gas hereunder for the periods and to the
extent requested by the Company and agrees to resume full gas usage as soon after curtailment termination as operating pro-
cedures permit. Buyer further agrees to provide and maintain complete standby facilities and have available at all times suf-
ficient standby fuel, to maintain continuous plant operations during complete curtailment of the delivery of interruptible gas.
4. RATES AND CHARGES: Buyer agrees to the minimum charges and to pay for gas service rendered hereunder accord-
ing to Rate Schedules No.....86........... and No. 1 in effect at time of billing.
5. DELIVERY PRESSURE: The Company shall normally deliver gas to the Buyer at .... 6.11 ... W.C......... minimum gauge
pressure at the meter installation but may reduce this pressure to .....6.u.....W...C......... gauge pressure when delivering only firm
use gas.
6. SERVICE INSTALLATION : Company shall furnish and install the meter and regulator equipment and up to sixty (60)
feet of service pipe without cost as may be necessary to supply the maximum contracted deliveries of natural gas stated in
paragraph 2 and at pressurc(s) stated in paragraph 5. The Company shall furnish and install additional mains and service pipe
at a cost of s..NQ.ne........ to the Buyer. In any event, all such pipe and equipment shall remain the property of the Company.
All pipe, equipment and installation beyond the Company meter shall be installed, furnished, owned and maintained by the Buyer.
For gas service in excess of 5U,000 cubic feet per hour and/or 1,000.000 cubic feet per day the following additional meter
location requirements shall he met b+ the Rover:
a) Adequate protection or security to prevent tampering or damage to the meter assembly.
h) 1'lecirical power 110 \.
7. NO.1ICES: Notices to the Contp.Iny under this contract shall be addie,sed to it at 815 Mutcer Strcet, Seattle, Washing-
ton 951I :utd uotites to the Buyer shall he addreSsvd to it at ...... Ci.v.i.c... C.enter..,...Edmon.ds.,...M...... 98020............. ...........
•._.......... ...................... Either party may shanks its address tinder this Section at any time upon Written notice to the
•
other part}•. •
Notices with respect it) curtailntt•ul or Iesloration of deliveries shall he �ufficicnl if given It,.. the Company in writing, or
by telegraph, or orally in person, o; by Ich-phone I(, onc'of the pI•rsons d( slcn:Ilr(i (three ('i) pt•Isons should be designated if
possible and practical) from lime In Iinr(• In Ibc Itlrvl•I as aluhoriced to receicc Such notices.
t+. I1F:I.A1'S: \'Cilbci p:ni) shall hr Iial,1C lot (Irl;(+s iIt rolmncnt in (n 11•I riving :cr+tre not reasonably within its con-
trol, iaciuding delays caused h) inablli!,. I(, sc1 IIIC nt;u(-.gal of supplic-, list (•ssary !o perfotm lhC work Conte;nplated herein,
,. ehal! !(-!; :1,.1 •. I:.. .I,. .•,I 1,. ,.rh nl .. "I,li .(.,, h,•r. rl�!.
CON1)1 PI(1NS r11'1'1.1(:.\It{.l. IO !1l 1 I.R'S O),I RAI'10\
None
respect:•.; su(•crs�uis .ui�i ;Ir�-•�:{�:�..
I. ICI)1IS PROVISION', (a) Ihr Cntr1( conua(r between the parties.
1 In agr(•t•nu•nI Shall nut be Ill udill - I111(HI Itle (. pill panv uulil apprr,%cd .unl ;it cclot 6 I'll I I S hrhalf by tine of its lift lters
in Ihr .p.(Ic pu+vlded hrlow. :Ind I!I(-rcalIc•i ,hall hind :In;! !K•n(•tII the p:u1:Cti 11(-r1•t(i, Ihrir SUI( ussms and assigns.
i\ 1Ni li\F.SS 11'IIER1(01'.11ic parties hen lu 11.t.c cMe(uIC(1 t!! , .I;{Ire:::ta .Is ul 1!-,(• d.i+• :u1u )car ;its: above sct lorth.
WASI11%GTON N' "UKhl G.%S COMPANY
11 1
INFORMATION NO"PE: At IhC Iilae of Ih(• esceu!ion of !!I agreemeui. cite It0141w'r11v Ill it,im1111t biII(c) is (are) in effect, incInd-
ing Schedule No. 1 addition:
RATE S(-:IIEDUIJ. NO. 86 ......
Rased on maximum day contracted
(!slivery of
Monthly minimum hill
Annual minimum hill
OPTIONAL 4-1-5 WEI,K BYLLING
FIRM l'SF. (SAS
1\"ITRIa; I" lB1.E GAS
!Its. 96, !hs.
s 2179., $.0...............
......... -
IMAL
n. - -.. .... •
$..2179.. 8.0......... -
1 Week minimum bill ¢ — r
Reek minimum bill — — ' to........._... .
Quattcrl" ;niuintuu bill • ..r.... ........ —
_ .....
• Basic mange will he prr,lated ill at corciance with Rate Schedule ,No. $6
WNG A 3 1 4 1 1 i72 1