HomeMy WebLinkAboutOrd 0262 - Electrial Distribution Franchise with City of SeattleORDINANCE NO. 262
AN ORDINANCE granting to the City of Seattle the right, privilege,
authority and franchise, to construct, operate and maintain electrical
transmission and distribution lines including necessary substations
therefor, and including telephone wires and other appurtenances and de-
vices necessary for the operation of said lines and to extend wires
therefrom to the premises of patrons, and to transmit and distribute
thereover electric energy for all useful purposes throughout the street;
alleys and other public places in the Town of Tukwila, and to make`and
receive certain rates and charges for such electrical energy; and pro-
viding for pay lent of an annual franchise fee.
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF TUKWILA AS FOLLOWS:
Section 1. There is hereby granted to the Lity of Seattle, here-
inafter referred to as the "grantee a municipal corporation of the
first class duly.organized and existing under the laws of the State of
Washington, its successors and assigns, for a period of fifty (50) years
from the date of acceptance hereof, the right, privilege, authority and
franchise to construct, erect, alter, improve, renew, repair, operate and
maintain electric transmission and distribution lines, either underground
or consisting of poles, with or WtthOut crossarms, for the transmission
and distribution of electric energy, including necessary substations
therefor, and private telephone and signal wires, and other appurtenances
attached thereto and to transmit and distribute thereover electric energ
for power, light, heat and all other purposes for which such current and
energy may be used, under, upon, over, across and along all the streets,
avenues, alleys and public places now and hereafter existing, in the To
of Tukwila, hereinafter referred to as the "Town and to place and main-
tain upon_ such poles, devices and apparatus as may be necessary or con
venient for the operation of said lines, and to attach to and extend
from said poles, and /or underground lines, wires to the premises of
patrons and customers, and to make and receive just and reasonable
charges for such electric energy.
Section 2. The Grantee shall obtain permits from the Town before
cutting any streets or public rights -of -way and before setting any util-
ity -pokes on public streets or ways in the Town. The Grantee shall also
obtain permitsfrom the Town for other than normal utility or services
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poles carrying over 26,000 volts when erected on private property in
the Town and all facilities of the Urantee in the Town shall be subject
to the police powers of said Town.
Section 3. The Grantee will file performance bonds with the Town
in such amounts as may be determined by the Town Council to insure that
any streets or other public rights -of -way in the Town used by Grantee
during its construction work will be properly maintained during the
period of construction, restored to their original state after complet-
ion of construction, and maintained in said original state for a period
of nine months by the Grantee, provided that modification of this last
requirement will be considered by the Tukwila Town Council in the event
other contractors or utilities use the streets during the same period.
Section 4. The franchise granted herein is not exclusive.
Section 5. The Town shall have the right to make periodic in-
spections of the Grantee's facilities in the Town to insure that the
terms of this franchise are being carried out.
Section: 6. In the event the Town deems it necessary to relocate
any street or streets because of the Grantee's operation, the Grantee
sha.1 bear the entire cost of relocating such street or streets, and
the utilities therein.
Section 7. In the event the Town desires to install any utilities
in the Town streets or,ways, or make any street improvement, or change
the an rade of street or alley, the Grantee, upon written notice from
g
the Town, shall remove its facilities from the path of such construction,
improvement or repair until the same is completed and the entire cost of
removal and replacement of said facilities shall be borne by the Grantee
and said removal and replacement shall comply with the Town's specifi-
cations therefor.
Section 8. The Grantee will furnish the Town a map showing the
location of all pipes and facilities of the Grantee installed in Town
streets, alleys, parkways and other public places and in the event of
changes or extensions of said facilities, new or revised mapd will be
furnished to the Town showing such changes or extensions.
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Section 9. Cost of publication incident to granting of this
franchise shall be borne by the Grantee.
Section 10. The franchise granted herein may be forfeited upon
non compliance by the Grantee with the terms hereof by ordinance of the
Town; Provided that if such non compliance is claimed by the Grantee to
have been unintentional, a board consisting of two(2) members of the
Tukwila Town' Council and two(2) representatives of Grantee will together
choose an impartial fifth member, and said five member board will arbi-
trate the question and make findings but such findings shall be advisory
only to the Tukwila Town Council.
Section 11. In the event of a valid forfeiture or termination of
the franchise, the Grantee shall, at its own expense, sell or remove
its facilities from the Town within six months after such forfeiture or
termination..
Section 12. The Grantee will pay the Town the fair market value
of lands owned and conveyed by the Town to said Grantee for its use in
connection herewith, and the fair market value of any lands shall be
arrived =at by the Tukwila Town Council together with a qualified ap-
praiser appointed by a&id Council; provided_that, in case of a dispute,
the fair market value of such land shall be determined by a board of
arbitrators which shall consist of a qualified appraiser appointed by
the Tukwila Town Council, a qualified appraiser appointed by the Grantee4
and a third qualified appraiser appointed by the first two, and the
determination of fair market value reached by said board shall be bind-
ing upon both the Town and the Grantee.
Section 13. The Grantee will comply with the Town ordinances and
state laws and reasonable rules and regulations of the Town.
Sections 14. A duly designated Town official shall have full access
to all the Grantee's contracts and records relating to Grantee's oper-
ation within. the Town, provided that such official will have full re-
sponsibility for the reasonable use of this provision and shall not
divulge any information thus gained to anyone other than the proper
Town officers acting in their official capacities.
Section 15. A proposed electric substation in the Town shall be
called "Tukwila Substation" and transmission lines used or to be used
in connection with the Tukwila Substation development shall be located
within the following described corridors:
A strip of land 1,000 feet wide, said strip being the south
1,000 feet of the NE* of Section 26, Township 23 North,
Range 4 East, W.M.: the South 1,000 feet of the NWg and the
south 1,000 feet of the SW* of the NE* of Section 25, Township
23 North, Range 4 East, W.M.
A strip of land 1,000 feet
the NW* and the west 1,000
1,000 feet thereof, all in
4 East, W.M.: and the west
Worth, Range 4 East, W.M.,
wide being the south 1,000 feet of
feet of the NW4, less the "south
Section 26, Township 23 North, Range
1,000 feet of Section 23, Township 23
south of Secondary State Highway 1 -L.
Section 16. The Grantee agrees to keep those portions of its
transmission line rights -of -way within the above described corridors
and within the Town, reasonably clear of brush, weeds, blackberry vines
and other-vegetation.
Section 17. The customers of Grantee in the Town and the Town
itself Shall have quality electrical service equal to that furnished
in the City of Seattle, even during periods of power shortage.
Section 18. The Grantee will expand its facilities as needed to
meet the anticipated growth of the Town so that sufficient power will
available to supply the Town and its inhabitants.
Section. 19. The Grantee will pay the Town a franchise fee payable
on the first of January of each year for the period of this franchise.
The franchise fee to be paid on January 1, 1959, will be 5,000 amd
for each year thereafter the fee will be increased by the sum of $200
per year for the period of the franchise provided that the Town will
impose no other taxes, fees or charges upon the Grantee.
Section 20. The same rules, regulations and electric rate
schedules of the Grantee provided in present and future ordinances
of the City of Seattle shall apply to consumers of electric energy
in the Town.
Section 21. Acceptance of this franchise shall be by ordinance of
the City of Seattle and the Franchise so accepted shall be in full forc4
and effect from and after the effective date of such ordinance.
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0DitANCE relating to the nunicipal lieht and pax plant end
system of the City of Ileattle and accepting .4rdinance 262 og tc
Town of Tukwila granting to the City o !cattle 'the riehe,
privilege, authority and franchise, co construct, operate eine
maintain electrical transmission and distribution Line iced necesary substations therefor, and including telephone wirce cele
other appurtenances and devices necessary i'er to operatiem
aaid lines and to extend wires therefrom LI the pieeeise,1 of patroee„
and to transmit and distribute themover electric enevey iee ail
eaeful purposes throudhout the streeee„ alleyo and other eeelie
places in the Town oE Iterviis, and to eake aed eeceive
=tea and charees ior euch electeical enere;e 11/4%
3ayment of an aunual freneeise
W. a 4AA41NLD BY TaL CITY W;;ATILL
6ectien 1. That Cxdinaace 2t)2 oi TOcx c a:131-lailEt enta.
Idi illiallAtiCL granting to the City eeattle the eleet
privileee, authority and franchise, to construct, epeeete ape
maintain electrical transmission and distribution lime ere-
eluding necessary snbstations therefor, and includint' telee'eone
wires and other apteirtemances and device cessary tee the
operation at said lines and to extend Wens theearste to tTee
premises o2 patreas, and to transmit an distribute thereuvee
electric energy for all usetel purpoaes ti.wougi=t the eteeetz
eller; and other public place e in the Town c.4 Tuevila, cue
make and receive certaie ratee and ehareee auch ciccL:icaL
enerfey; and vcoviding ior payment ot: ae annuai ieseeklue Ylue.
passed an approved ::Actober b 3.96 copy v44e4 atto4its
4 Lghibit "A tYa ana the L4woe is lwret4 acc4 cov1Lcuolatc
by Cvection 22 of'
rdinance
4iection 2. That the dity Clere of elac eew o rJeattle
authorized and d to file with the Tone eicre o est Iewe ol
Tukwila, a certified copy of hie eediaau e eceeeeLne sucje
938 7
Section 22. In order to claim any right or benefit whatever
under this ordinance the said City of Seattle shall, within sixty
(60) days after the passage thereof, file with the Town Clerk, its
acceptance, by ordinance, of this Franchise.
Section 23. This ordinance shall be in full force and effect
five days from and after its passage, approval and legal publication
as provided by law.
PASSED the Town Council and APPROVED by the Mayor this 6th day of
October 1958
Lois T. Newton, City Clerk
Approved as to form:
John W. Dobson, Town Attorney
Chas O. Baker, Mayor
STATE OF 1 :ASHINGTON
COUNTY OF KING SS
CITY OF SEATTLE
I, C. G. ERLANDSON, Comptroller and City Clerk of the
City of Seattle, do hereby certify that the within and foregoing
is a true and correct copy of City of Seattle Ordinance No. 87631,
being
AN ORDINANCE relating to the municipal light and power plant and
system of the City of Seattle and accepting Ordinance 262 of the
Town of Tukwila granting to the City of Seattle "the right,
privilege, authority and franchise, to construct, operate and
maintain electrical transmission and distribution lines including
necessary substations therefor, and including telephone wires and
other appurtenances and devices necessary for the operation of
said lines and to extend wires therefrom to the premises of patrons,
and to transmit and distribute thereover electric energy for all
useful purposes throughout the streets, alleys and other public
places in the Town of Tukwila, and to make and receive certain
rates and charges for such electrical energy; and providing for
payment of an annual franchise fee."
as the same appears on file, and of record in this Department.
IN 'ITNESS HER OF, I have hereunto set my hand and
affixed the seal of The City of Seattle, this,29th day of October,
1958.
(SEAL)
C. G. ERLANDSON
Comptroller and City Clerk
qty
(SEAL)
October
(To be used for all Ordinan.es except Emerge::y.
Section ____3__. This ordinance shall take effect and be in force thirty days from and after its passage and
approval, if approved by the Mayor; otherwise it shall take effect at the time it shall become a law under the
provisions of the city charter.
Passed by the City Council the 27 day of October 195 8
and signed by me in open session in authentication of its passage this 27 day of
195 8
David Levine
President of the City Council.
Approved by me this 28 day of October 195 8
Gordon S. Clinton
Filed by me this 28 ,4 ay of October 195
Published
Mayor.
Attest: C. G. Erlandson
By
City Comptroller and City Clerk.
W. A. Perine
Deputy Clerk.
City Limits Vicinity Map
See large map in book