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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 -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 -6- 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 -8- 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 -9- 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' -11- 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 iasodsip pool llos ui.a1m8 • jesuedsip aua6jejap jon(I • uoij3o 6uiysonA (anal-z • uoildo Alp GOADS -Maul r u011)GIas ysom apA)"t s 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 jasodsip pool Ilos ulgp8 • Aasuedsip +u86jejap Iona 0 uola)o 6uigsDm 19AGI-y 0 uoildo Aip jeAos-Mau] ■ U0143910S gsoM apA)-y 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