Loading...
HomeMy WebLinkAboutOrd 1178 - Gas Distribution Franchise with Washington Natural Gas Company (Repealed by Ord 2483)City of'Tukwila Washington Cover page to Ordinance 1178 The full text of the ordinance follows this cover page. AN ORDINANCE GRANTING TO WASHINGTON NATURAL GAS COMP' NY, A WASHINGTON CORPDRATION, DOING, BUSINESS, IN THE STATE OF WASN IING,T()N, THE IRIG,HT NAND FRANCHISE TO USE AND OCCUPY THE STREETS, AVENUES, ROAD$,, ALLE ' YSt LANESJ PARKS AND OTHER IPU18LIC PLACES AND WAYS OF THE CITY OIr 'ruKWILA, WASHING MN), FOR CON5TRUCTING0 MAINTAININU, RENEWING, REPAIRING,, AND/OR OPERATING A, GAS WORK,$ AND/OR DISTRIBUI ION SY$,TE,Ml AND OTHER NECESSARY MEANS FOR MANUFACTURING, TRANSMIT TING,, DISTRIBUTING AND/OR SELLING GAS wITHIN AND/OR THROUGH THE CITY OF TUXwILA, WASHINGTON, AND REFEALING ORDINANCE NO'. 135. Ordinance 1178 was amended or repealed by the following ordinances. REPEALED Sectiorl(s),Repoifled, Repealed by Card 2483 COUNCIL ACTION I4,41 I 1 P I CITY OF TU KW 1 1 1 I I WASHINGTON I I I ORDINANCE NO. l� AN ORDINANCE GRANTING TO WASHINGTON NATURAL GAS COMPANY, A WASHINGTON CORPORATION, DOING BUSINESS IN THE STATE OF WASHINGTON, THE RIGHT AND FRANCHISE TO USE AND OCCUPY THE STREETS, AVENUES, ROADS, ALLEYS, LANES, PARKS AND OTHER PUBLIC PLACES AND WAYS OF THE CITY OF TUKWILA, WASHINGTON, FOR CONSTRUCTING, MAINTAINING, RENEWING, REPAIRING, AND /OR OPERATING A GAS WORKS AND /OR DISTRIBUTION SYSTEM, AND OTHER NECESSARY MEANS FOR MANUFACTURING, TRANSMITTING, DISTRIBUTING AND /OR SELLING GAS WITHIN AND /OR THROUGH THE CITY OF TUKWILA, WASHINGTON, AND REPEALING ORDINANCE NO. 135. BE IT ORDAINED by the City Council of the City of Tukwila, Washington, as follows: SECTION 1. That there be and is hereby granted to WASHINGTON NATURAL GAS COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Washington, its successors and assigns, the right to lay, construct, extend, maintain, renew, replace and/or repair gas pipes and gas mains under, along and /or across any streets, avenues, roads, alleys, lanes, parks and other public places and ways in the City of Tukwila, Washington, and to use and occupy the said streets, avenues, roads, alleys, lanes, parks and other public places and /or ways for the purpose of therein laying, constructing, extending, maintaining, renewing, replacing and /or repairing mains and pipes and all appurtenances and appendages thereto, used and /or useful for the manufacture, transmission, distribution and /or sale of gas within and /or through the present or future territorial limits of the City of Tukwila, Washington. SECTION 2. 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 prevent the City of Tukwila from granting other or further franchises in, along, over, through, across or under any of said streets, avenues, roads, alleys, lanes, parks and other public places and ways in the City of Tukwila, Washington, and in no wise prevent or prohibit the City of Tukwila from using any of said streets, avenues, roads, alleys, lanes, parks and other public places and ways or affect its jurisdiction over them or any part of them, with full power to make all necessary changes, relocations, repairs, maintenance and related matters, of the same as the City may deem proper. SECTION 3. All rights granted or authorized herein shall be subject to and governed only by, this ordinance; provided, however, the City Council expressly reserves unto itself all of its police power to adopt general ordinances and other laws, rules or regulations necessary to protect the safety and welfare of the general public in relation to the rights hereby granted. SECTION 4. Before undertaking any work, the grantee shall obtain all necessary permits from the City, or other agencies regulating such activity. Whenever it shall be necessary in the performance of such construction to make any excavation in any street, avenue, road, alley, lane, park or other public place, said grantee shall, without delay, restore the surface of said street, avenue, road, alley, lane, park or other public place as nearly as practicable to the same condition as it was in before the doing of such work. The grantee shall use due care and caution to prevent injury or damage to persons and property and shall not unnecessarily obstruct or impede traffic upon the streets, avenues, roads, alleys, lanes, parks and other public places and ways of said City. SECTION 5. Grantee shall indemnify and hold harmless the City of Tukwila against all claims and damages of any kind or nature that may result by reason of the construction, operation and maintenance of said utility facilities described in this franchise and said grantee shall pay all damages for which it, its employees, officers, agents, independent contractors and all other persons working under its direction or control, or the City of Tukwila shall be held liable resulting to any person or persons, association or corporation by reason of the construction, operation and maintenance of said utility facilities; provided, however, that in case any claim is filed with the City of Tukwila or any suit or action is instituted against said City by reason of any such damage or injury, the City shall cause written notice thereof to be given said grantee and said grantee shall defend any such suit or action at its sole expense. SECTION 6. In the event the City desires to install any utilities in the City's streets, avenues, roads, alleys, lanes, parks and other public places and ways within the City, or to make any improvement of said right of ways, including but not limited to the change of grade, the grantee, upon 45 days prior written notice from the City, shall raise, lower, relocate, replace or install its facilities as necessary to conform to such public improvement and the entire cost of raising, lowering, relocating, replacing or installing said facilities shall be born by the grantee and said raising, lowering, relocating, replacing or installing shall comply with the City's specifications therefor. SECTION 7. Upon written demand therefor from the City, the grantee shall provide written proof of its financial status and its ability to perform all of its obligations as provided in this franchise ordinance. SECTION 8. Upon written demand from the City, the grantee shall provide written documentation to the City that the grantee has current property damage liability insurance in an amount no less than $500,000, or such other amount as is deemed to be reasonably necessary by the City, and proof of bodily injury liability insurance in the face amount of no less than $1,000,000, or such other face amount as is deemed reasonably necessary by the City. SECTION 9. For the purpose of compelling compliance by the grantee of the terms of this franchise in the maintenance of said utility facilities in good condition, a failure to comply with any of the provisions or conditions herein within sixty (60) days after written notice to do so, served by order of the City upon the grantee, shall authorize the City to declare by ordinance an immediate forfeiture of this franchise and the City may, in such case, declare such forfeiture in the manner provided by law. In the event of such a forfeiture, breach of contract or violation of this ordinance, all utility facilities installed by grantee shall be secured against possible damage to the City's streets, avenues, roads, alleys, lanes, parks and other public places and ways. SECTION 10. All construction and installation work performed by grantee as provided herein within the corporate limits of the City of Tukwila shall be under the supervision and pass the inspection of the appropriate City officials. SECTION 11. The rights and obligations of this franchise shall be for a term of 25 years from and after the effective date of this Ordinance. This Ordinance shall be void if the grantee shall not within thirty (30) days of the adoption of this Ordinance file its acceptance of the same with the clerk of the City of Tukwila. SECTION 12. Whenever the word "Grantee" appears in this ordinance, it is intended to designate and shall be held to mean Washington Natural Gas Company, a Washington corporation, its successors and assigns. whenever the word "gas" appears in this ordinance, it is intended and shall be held to mean manufactured, natural and /or commingled gas. Whenever the words "utility facilities" appear in this ordinance, they are intended to designate and shall be held to mean mains and pipes and all appurtenances and appendages thereto, used and /or useful for the manufacture, transmission, distribution and /or sale of gas. SECTION 13. Ordinance Number 135 is hereby repealed. P SSED by the City Council of the City of Tukwila, this day of 1980. ATTEST: ATTEST: 2/i -g A Clerk df the City Council of the City of Tukwila AP ROVED AS TO FORM* i+0 C 4ti FC'ttorney for thes' City of Tukwila By R. J. o'rilinson, Vice President, Legal and Secretary Ma or of the City of Tukwila On this X day of (6-1 1980, the WASHINGTON NATURAL GAS COMPANY hereby accepts the terms of C'y pf Tukwila Ordinance No. J17? passed on the day of (.2 1980 entitled: "AN ORDINANCE GRANTING TO WASHINGTON NATURAL GAS COMPANY, A WASHINGTON CORPORATION, DOING BUSINESS IN THE STATE OF WASHINGTON, THE RIGHT AND FRANCHISE TO USE AND OCCUPY THE STREETS, AVENUES, ROADS, ALLEYS, LANES, PARKS AND OTHER PUBLIC PLACES AND WAYS OF THE CITY OF TUKWILA, WASHINGTON, FOR CONSTRUCTING, MAINTAINING, RENEWING, REPAIRING, AND /OR OPERATING A GASWORKS AND /OR DISTRIBUTION SYSTEM, AND OTHER NECESSARY MEANS FOR MANUFACTURING, TRANSMITTING, DISTRIBUTING AND /OR SELLING GAS WITHIN AND /OR THROUGH THE CITY OF TUKwILA, WASHINGTON, AND REPEALING ORDINANCE NO. 135 In witness whereof, grantee has caused its name to be hereunto subscribed, its corporate seal hereunto attached, and these presents executed and delivered for and in its behalf by its proper officers and agents, thereunto duly authorized. WASHINGTON NATURAL GAS COMPANY By The foregoing acceptance was received and filed in the office f he City Clerk of the City of Tukwila this Ft day of 1980. Clerk 6f the City of Tukwila Published Record Chronicle October 12, 1980 GOLLIVER, President