Loading...
HomeMy WebLinkAbout5721ORDINANCE NO. 5 7 2 1 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 FURTHER TEMPORARY EXTENSION OF THE ELECTRICAL FRANCHISE WITH PUGET SOUND ENERGY (PSE) WHEREAS, the current electrical franchise with Puget Sound Energy; hereafter referred to as PSE, was initially extended for a period of six (6) months, to June 28, 2002, by Ordinance No. 5620 adopted by the City Council on December 17, 2001; and WHEREAS, the City Council further extended the electrical franchise with PSE six months, to December 28, 2002, when Ordinance No. 5661 was adopted by the City Council on May 20, 2002;and WHEREAS, subsequent to extensions approved by the Council, PSE has made application for a new franchise, the parties have been negotiating the terms in good faith, have met several times and are making progress. However the City and PSE have been unable to complete negotiations for all terms and conditions of a new franchise prior to the December 28, 2002 expiration date of the extension approved under Ordinance No. 5661; and WHEREAS, Auburn City Code 12.24 titled "Construction Permits" requires PSE to obtain a franchise as a pre-requisite to application for construction permits for work within City Right of Way; and Ordinance No. 5721 December 5, 2002 Page 1 WHEREAS, The City Council recognizes the paramount need for continuance of providing electrical power to the public while the parties have additional reasonable time to negotiate the terms and conditions 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 WHEREAS, RCW 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. NOW, 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 an additional six- month time period following the present December 28, 2002, termination date to June 25, 2003, 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 A and acceptance by the Franchisee in writing. A copy of said Agreement is Ordinance No. 5721 December 5, 2002 Page 2 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. INTRODUCED: DEC 1 6 2002 PASSED: DEC 16 2002 APPROVED: DEC 16 2002 PETER B. LEWIS MAYOR ATTEST: A&Z# 1&'0-01?? Dan Ile E. Daskam, City Clerk APPROVED AS TO FORM: D2Aiel B. Heid, City Attorney PUBLISHED: da ate' Ordinance No. 5721 December 5, 2002 Page 3 EXHIBIT A TEMPORARY EXTENSION OF ELECTRICAL FRANCHISE TEMPORARY EXTENSION: The electrical franchise, originally granted by the City of Auburn under Ordinance No. 3121 and extended for a period of six months by Ordinance No. 5620 and for another period of six months by Ordinance No. 5661, is hereby extended for an additional 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, 2003, 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 extended temporary extension of the electrical franchise, originally granted by the City of Auburn under Ordinance No. 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 June 28, 2003: 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. 5721 ORIGINAL FRANCHISE EXTENDED AS FOLLOWS: Chapter 13.44 ELECTRICAL FRANCHISE Sections: 13.44.010Granted. 13.44.020 Grantee defined. 13.44.030Public highways and places - Defined - Scope. 13.44.040Pole and cable maintenance. 13.44.050 Indemnification of city. 13.44.060 Building moving -Wire removal. 13.44.070Acquisition of grantee's property. 13.44.080 Franchise not exclusive. 13.44.090Severability. 13.44.100Written acceptance required. 13.44.010 Granted. 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 electric 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. 5721 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.) 13.44.050 Indemnification 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. 5721 13.44.060 Building 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 purchase 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.) 13.44.080 Franchise 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 Severabi I ity. 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. 5721 13.44.100Written 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. 5721 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. 5721, attached hereto and incorporated herein by this reference. BY: Name: Title: Date: 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 secretary 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. 5721