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HomeMy WebLinkAboutOrd 0471 - Electric Distribution Franchise with Puget Sound Power and Light CompanyCity of'Tukwila Washington Cover page to Ordinance 471 The full text of the ordinance follows this cover page. An ordinance granting, to Puget Sound Power & Light Company, its successors and assigns, the right, privilege, authority and franchise to set, erect, construotan,d, maintain poles and wires, or underground cables together with appurtenances thereto where such underground facilities have been, specially contracted, for or required by Tukwila ordinances upon, over', sunder, along and across the streets, avenues, alleys and public places in the City of Tukwila for the purpose of transmission, distribution and :sale of electric current for power, heat and light and for any other purpose or purposes for which electricity may be used. Ordinance 471 was ' amended or repealed by the following ordinances. I I 7tec-fi6h(s7)R7ejpeAIed, - Ik7epeaked, by Ord# 2483 CITY QF TUKWILA ORDINANCE NO 471 An ordinance granting to Puget Sound Power & Light Company, its successors and assigns, the right, privilege, authority and franchise to set, erect, construCtand maintain poles and wires, or underground cables together with appurtenances thereto where such underground facilities have been specially contracted for or required by Tukwila ordinances upon, over, under, along and across the streets, avenues, alleys and public places in the City of Tukwila for the purpose of transmission, distribution and sale of electric current for power, heat and light and for any other purpose or purposes for which electricity may be used. The City Council of the City of Tukwila do ordain as follows: SECTION 1 That there be and is hereby granted to Puget Sound Power & Light Company, a corporation created under the laws of Washington, hereinafter called the Grantee, and to its successors and assigns for a period of fifty (50) years from and after the passage of this ordinance the right, privilege, authority and franchise to erect, place, construct, maintain and use poles (with or without crossarms) and all convenient or necessary appurtenances, equipment and facilities for the support of the poles and for the support of wires, or underground cables together with appurtenances thereto where such underground facilities have been specially contracted for or required by Tukwila ordinances over, under, along and upon the streets, avenues, alleys and public places of the City of Tukwila, and to attach wires to such poles and crossarms and stretch such wires from pole to pole over, upon and along such streets, avenues, alleys and public places and to maintain and use such poles and wires for the purpose of the transmission and distribution of electric current for electric power, heat and light and for any other purpose for which electricity may be used and to furnish and sell electric current for power, light and heat within the City of Tukwila for municipal, domestic and manufacturing uses and for any other purpose or purposes, use or uses to which electricity may be put, and to charge and collect tolls, rates and compensation for such electric current for power, heat, light and other uses. The grant hereby made is intended to, and does, include any, all and every of the streets, avenues, alleys, highways and public grounds and places of the City of Tukwila as now laid out, platted and dedicated, and all avenues, streets, alleys, highways and public grounds and places that may be hereafter laid out and dedicated within the present limits of the said City, and within the limits thereof as the same may hereafter be extended. SECTION 2 All poles shall be erected and maintained at such places and position upon said streets, avenues, alleys and public places as shall least interfere with the free passage of traffic and in accordance with the laws of the State of Washington regulating such construction. Whenever it shall be necessary in the erection, repair, or substitution of any such poles or other apparatus to make any excavation in any street, avenue, alley or public place, said grantee, its successors and assigns shall without delay restore the surface of said street, avenue, alley or public place as nearly as practicable to the same condition it was in before the doing of such work. The grantee shall obtain permits from the City before cutting any streets or public rights of way and before setting any utility poles on public streets or ways in the City. -2- SECTION 3 The said grantee, its successors and assigns shall indemnify and hold harmless the City of Tukwila against all damages, if any, that may result by reason of the construction, operation and maintenance of said poles and wires and underground facilities and the said grantee, its successors and assigns shall pay all damages for which it, they or the City of Tukwila shall be held liable resulting to any person or persons, association or corpor- ation by reason of the construction,operation and maintenance of said pole lines and wires and underground 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 Council shall cause written notice thereof to be given said grantee and the said grantee shall defend any such suit or action. SECTION 4 That whenever any person shall have obtained permission of the City of Tukwila to use any street of said City for the purpose of moving any building, grantee, its successors and assigns, upon seven (7) 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 its or their 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 ordinance of the City at such reasonable hours and in such reasonable manner as shall cause least interference with the business of said grantee, its successors and assigns, and where more than one street is available for the moving of such building the building shall be moved on such street as shall cause least interference with the lines of said grantee, its successors and assigns. It is further provided that the person or persons moving such building will indemnify and save said grantee harmless of and from any and all damages or claims of whatsoever kind or nature caused directly or -3- indirectly from such temporary arrangement of the lines and poles of the grantee. In the event the City deems it necessary to relocate any street or streets because of the grantee's operation, the grantee shall bear the entire cost of relocating such street or streets, and the utilities therein. In the event the City desires to install any utilities in the City streets or way, or make any street improvement, or change the grade of any street or alley, the grantee, upon written notice from the City, 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 City's specifications therefor. SECTION 5 The grantee agrees to keep its rights -of -way within the City, reasonably clear of brush, weeds, blackberry vines and other vegetation and will not allow uses on said property which are incompatible with the surrounding area. SECTION 6 The grantee will comply with all applicable City ordinances and state laws and reasonable rules and regulations of the City. SECTION 7 Cost of publication incident to granting of this franchise shall be borne by the grantee. SECTION 8 If the City of Tukwila shall acquire by purchase or condemnation during the term of this franchise any of the grantee's property erected hereunder, the addition to the sum of all other elements of value-'bir reason of the element which is the right to occupy the public ways evidenced by this franchise, shall be no greater than the actual cost of obtaining such franchise. -4- SECTION 9 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 Tukwila from granting other and further franchises over, upon and along any of said public streets, avenues, alleys or public places. SECTION 10 That in order to claim any right or benefit under this ordinance said grantee shall within thirty (30) days after the passage hereof file with the City Clerk its acceptance in writing of this ordinance. SECTION 11 This ordinance shall take effect on the sixth (6th) day after its passage and publication. SECTION 12 Upon acceptance of this franchise by the gran ee all rights under the franchise presently held by Puget Shun A& Light Company, granted by Ordinance No. 455, shall be deemed to be relinquished and said franchise shall be terminated. Introduced the 4)7 day of A :eif9fy , 1967. 771 Passed by the City Council of the City of Tukwila on the day of /1/124,e(:// , /_ 1967. Signed by me on this Cf' day of /))tCf7/ 1967. Attest: ayor of the City-6)f Tukwila Approved as to form: -5- City Attorney i42 HONORABLE MAYOR AND CITY COUNCIL CITY OF TUKWILA, WASHINGTON In the matter of the Application of Puget Sound Power & Light Company, a corporation, for a franchise to construct, operate and maintain electric transmission and distribu- tion lines upon, under, along and across the streets, alleys and public : places in the City of Tukwila, King County, Washington Franchise Ordinance No. 471 ACCEPTANCE WHEREAS, the City Council of the City of Tukwila, King County, Washington has heretofore granted the Puget Sound Power & Light Company, a corporation, its successors and assigns, Franchise Ordinance No. 471 bearing date of March 6, 1967, to construct, operate and maintain electric transmission and distribution lines upon, under, along and across the streets, alleys and public places in the City of Tukwila, King County, Washington. NOW, THEREFORE, the said Grantee, Puget Sound Power & Light Company, a corporation, for itself, its successors and assigns, hereby accepts such Franchise Ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the said City of Tukwila, King County, Washington. IN WITNESS WHEREOF, said Grantee has caused its name to be hereunto subscribed, its corporate seal to be hereto attached, and these presents to be executed and delivered for and in its behalf by its proper officers and agents, thereunto duly authorized, this �-ll day of Iv z?“-(r, 1967. Attest: 07, J , 1 ta - The foregoing A ceptane was received and filed in the Office of he City Clerk of the City of Tukwila this :' day of ) 1967. PUGET SOUND POWER & LIGHT COMPANY Vice - President PUGET SOUND POWER & LIGHT COMPANY 620 Grady Way Renton, Washington March 20, 1967 Honorable John Strander, Mayor City of Tukwila Tukwila, Washington Dear Mayor Strander: We are transmitting herewith Acceptance of Franchise Ordinance No. 471, dated March 17, 1967, in the matter of the application of the Puget Sound Power & Light Company's franchise with the city of Tukwila. The franchise is to construct, operate and maintain electric transmission and distribution lines, upon, under, along and across the streets, alleys and public places in the city of Tukwila, Washington. We sincerely appreciate the renewal of franchise with the city of Tukwila, effective March 14, 1967. Enclosure Very truly yours, ?, n F. Wallin Vice President