HomeMy WebLinkAbout5620ORDINANCE NO. 5 6 2 0
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, (HEREAFTER REFERRED TO AS THE CITY) AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A TEMPORARY EXTENSION
OF THE ELECTRICAL FRANCHISE WITH PUGET SOUND ENERGY,
(HEREAFTER REFERRED TO AS PSE).
WHEREAS, the current electrical franchise with Puget Sound Energy;
hereafter referred to as PSE, will expire on December 31,2001; and
WHEREAS, The City and Puget Sound Energy have not been able to
complete negotiations for a new franchise prior to expiration of the current
franchise; and
WHEREAS, Auburn City Code 12.24 titled "Construction Permits"
requires Puget Sound Energy to obtain a franchise as a pre-requisite to
application for construction permits for work within City Right of Way; and
WHEREAS, The City Council recognizes the paramount need for
continuance of providing electrical power to the public while the parties have
reasonable time to negotiate the terms of a new franchise; and
WHEREAS, RCW 35A. 11.020 grants code cities broad authority to
regulate the use of the public rights-of way; and
WHEREAS, RCW 35A.47.040 grants code cities broad authority to grant
non-exclusive Franchise agreements; and
Ordinance No. 5620
December 7, 2001
Page 1
WHEREAS, RCVV 80.32.010 grants code cities broad authority to
prescribe the terms and conditions on which electrical transmission lines may
be constructed, maintained and operated upon, over, along and across a public
right of way.
NOVV, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section '1. The Mayor and City Clerk of the City of Auburn are hereby
authorized to execute the extension of the electrical franchise with Puget
Sound Energy, the successor of Puget Sound Power and Light Company, for a
period of 6 months and terminating on June 28, 2002, unless further extended
by the City and accepted in writing by the Franchisee, subject to the terms and
conditions prescribed by the City Council at Exhibit ^ and acceptance by the
Franchisee in writing. ^ copy of said Agreement is attached hereto, designated
as Exhibit "A" and incorporated herein by this reference into this Ordinance.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This Ordinance shall take effect and be in force five days
from and after its passage, approval and publication as provided by law.
Ordinance No. 5620
December 7, 2001
Page 2
INTRODUCED:
PASSED:
APPROVED:
December 17. 2001
December 17, 2001
December 17, 2001
CHARLES A. BOOTH
MAYOR
ATTEST:
Da~nielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: /~/~$/(9/
Ordinance No. 5620
December 7, 2001
Page 3
EXHIBIT A
TEMPORARY EXTENSION OF ELECTRICAL FRANCHISE
TEMPORARY EXTENSION: The electrical franchise, originally granted by the
City of Auburn under Ordinance #3121 is hereby extended for a period of 6
months subject to the terms and conditions prescribed below, upon acceptance
of this Exhibit A in writing by the Franchisee, and will terminate on June 28,
2002, unless further extended by the City and accepted in writing by the
Franchisee.
TERMS AND CONDITIONS OF EXTENSION: The Franchisee, Puget Sound
Energy, agrees to the temporary extension of the electrical franchise, originally
granted by the City of Auburn under Ordinance #3121 and fully restated herein,
agrees to work in good faith on City initiated projects, and agrees to the
following terms and conditions, as evidenced by the Franchisee's execution of
the statement of acceptance at Enclosure #1. The following terms and
conditions shall be completed to the City's satisfaction prior to the issuance of
construction permits for any of the Franchisee's work within the Franchise area
after December 31, 2001:
1. Make formal application for a new franchise with the City in accordance
with Title 20 Auburn City Code.
2. Provide the City with a standing company bond or a bank assignment of
funds or other security option that meets the standards of Title 20 Auburn
City Code.
3. Provide the City with a standard liability insurance policy in compliance
with Title 20 Auburn City Code.
Exhibit A
Ordinance No. 5620
ORIGINAL FRANCHISE EXTENDED AS FOLLOWS:
Chapter 13.44
ELECTRICAL FRANCHISE
Sections:
13.44.010Granted.
13.44.020Grantee defined.
13.44.030Public highways and places - Defined - Scope.
13.44.040Pole and cable maintenance.
13.44.050Indemnification of city.
13.44.060Building moving -Wire removal.
13.44.070Acquisition of grantee's property.
13.44.080Franchise not exclusive.
13.44.090 Severability.
13.44.100Written acceptance required.
13.44.010Granted.
There is granted to Puget Sound Power and Light Company, a Washington
corporation, its successors and assigns, hereinafter called the grantee, for the
term of 25 years beginning on the first day of January, 1977, and ending on the
thirty-first day of December, 2001, the right, privilege, authority and franchise to
set, erect, construct, replace, maintain and use poles and lines of poles (with or
without crossarms) and all convenient appurtenances, equipment and facilities
for the support thereof, or underground cables with appurtenances thereto
where such underground facilities have been specially contracted for, in, upon,
over, along and across the public highways and places, as hereinafter defined,
in the city of Auburn, and to attach wires and cables to such poles and
crossarms and stretch wires and cables from pole to pole and to the premises
of patrons for the transmission, distribution and sale of electricity for power,
heat, light and any other purpose or purposes for which electricity may be used,
whether for municipal, domestic, manufacturing or other uses and purposes,
and to charge and collect tolls, rates and compensation for such electricity, and
also the right to attach to such poles and crossarms and maintain private
telephone wires for the exclusive use of the grantee in connection with its
electdc business. (Ord. 3121 § 1, 1976.)
13.44.020Grantee defined.
The word "grantee" is used in this chapter to refer to and include not only
Puget Sound Power and Light Company, the immediate grantee hereof, but
also the successors and assigns of said Puget Sound Power and Light
Exhibit A
Ordinance No. 5620
Company who may successively become the owners, of the rights granted by
this chapter. (Ord. 3121 § 2, 1976.)
13.44.030Public highways and places - Defined - Scope.
The grant hereby made is intended to, and does include any, all and every
of the public streets, avenues, alleys, highways, and public grounds and places
in the city of Auburn as now laid out, platted and dedicated, and all public
streets, avenues, alleys, highways and public grounds and places that may be
hereafter laid out and dedicated within the present limits of said city or within
the limits thereof as the same may hereafter be extended, all of which are
included within the words "public highways and places" wherever such words
are used in this chapter. (Ord. 3121 § 3, 1976.)
13.44.040Pole and cable maintenance.
All poles and/or underground cables shall be constructed and maintained at
such places and in such positions upon said public highways and places as
shall least interfere with the free passage of traffic thereon, and in accordance
with the laws of the state of Washington regulating such construction, such
installations to be made under the supervision of, and with the permission of the
director of public works of the city of Auburn or other assigned by the mayor or
city council. Whenever it shall be necessary to make any excavation in any
public highway or place for the erection, repair or substitution of any pole,
underground cables or other equipment or facilities the grantee shall without
delay restore the surface of said public highway or place as nearly as
practicable to the same condition it was in before the doing of such work. (Ord.
3121 §4, 1976.)
13.44.050Indemnification of city.
The grantee shall indemnify the city of Auburn for, and hold it harmless from,
all damages that may result from the construction, maintenance or operation by
such grantee of any of its property in said public highways or places pursuant to
this franchise and shall pay all damages for which the grantee or the city of
Auburn shall be held liable as the result of injuries suffered by any person,
association or corporation by reason of the construction, maintenance or
operation of such property; provided, that in case any claim is filed with the city
of Auburn or any suit or action is instituted against said city by reason of any
such damage or injury the city council shall promptly cause written notice
thereof to be given to the grantee and the grantee shall have the right to defend
any such suit or action. (Ord. 3121 § 5, 1976.)
Exhibit A
Ordinance No. 5620
13.44.060Building moving -Wire removal.
Whenever any person shall have obtained permission from the city of
Auburn to use any public highway or place in said city for the purpose of moving
any building the grantee, upon seven days' written notice from the city clerk of
said city, shall raise or remove, at the expense of the person desiring to move
said building, any of the wires which may obstruct the removal of such building;
provided, that the moving of such building shall be done in accordance with the
regulations and general ordinances of the city and at such reasonable hours
and in such reasonable manner as shall cause the least interference with the
business of the grantee, and where more than one street is available for the
moving of such building it shall be moved on such street as shall cause the
least interference with the business of the grantee; and provided further, that
the person moving such building shall indemnify the grantee for, and save it
harmless from, any and all damages or claims therefor of whatsoever kind or
nature that may be caused directly or indirectly by such temporary arrangement
of the poles, wires or other property of the grantee. (Ord. 3121 § 6, 1976.)
13.44.070Acquisition of grantee's property.
If during the term of this franchise the city of Auburn shall acquire, by
pumhase or condemnation any of the grantee's property maintained or used
hereunder no greater sum shall be allowed for the value of the rights herein
granted, in addition to all other elements affecting the value of such purchased
or condemned property, than the actual cost of obtaining this franchise. (Ord.
3121 § 7, 1976.)
13.44.080Franchise not exclusive.
This franchise is granted upon the express condition that it shall not be
deemed or held to be an exclusive franchise and shall not in any manner
prohibit the city of Auburn from granting other and further franchises in, upon,
over, along or across any of said public highways and places. (Ord. 3121 § 8,
1976.)
13.44.090 Severability.
If any term, provision, condition or portion of this franchise shall be held to
be invalid, such invalidity shall not affect the validity of the remaining portions of
this franchise which shall continue in full force and effect. (Ord. 3121 § 9, 1976.)
Exhibit A
Ordinance No. 5620
13.44. lOOWritten acceptance required.
In order to claim any right or benefit under this franchise the grantee shall
file its written acceptance of this franchise with the city clerk within 30 days after
the approval hereof by the mayor and the publication of this chapter as required
by law. (Ord. 3121 § 10, 1976.)
Exhibit A
Ordinance No. 5620
ENCLOSURE#1
STATEMENT OF ACCEPTANCE
PUGET SOUND ENERGY, for itself, its successors and assigns, hereby
accepts and agrees to be bound by all terms, conditions and provisions of the
franchise extension granted pursuant to Ordinance No. 5620, attached hereto
and incorporated herein by this reference.
Name: ~,/~.
Title: z)/~o~
Date: /-I~ - 0
Attached hereto is a copy of the executed Ordinance approving the
extension of the franchise by the City for a limited period of six (6) months
subject to the terms and conditions of the City and a corporate resolution or
corporate secreta~ certificate therefore duly executed and approving this
Statement of Acceptance, the execution thereof and authorizing the officer
executing this Statement of Acceptance to do so.
Exhibit A
Ordinance No. 5620