HomeMy WebLinkAboutOrd 0135 - Gas Distribution Franchise with Seattle Gas Company (Repealed by Ord 1178)REPEALED BY 1178
ordinance No 135
AN ORDINANCE GRANiTING TO SEATTLE 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 pub-
lic places and ways of the City of Tukwila, Washington, for
constructing, maintaining, renewing, repairing and /or operat-
ing 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.
BE IT ORDAINED by the City Council of the City of
Tukwila, Washington, as follows:
SECTION 1. The right is hereby granted to the
Grantee 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, Wash-
ington, 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, ex-
tending, maintaining, renewing, replacing and /or repairing
mains and pipes and all appurtenances and appendages thereto,
used and /or useful for the manufacture, transmission, dis-
tribution and /or sale of gas within and /or through the
present or future territorial limits of the City of Tukwila,
Washington, such right to continue for fifty (50) years
after the effective date of this Ordinance.
SECTION 2. All rights herein granted and /or
authorized shall be subject to and governed only by this
ordinance; provided, however, the City Council expressly
reserves unto itself all its police power to adopt general
ordinances necessary to protect the safety and welfare
of the general public in relation to the rights hereby
granted not inconsistent with the provisions of this
Ordinance; and provided further, the City Council shall
pass no ordinance requiring the Grantee to pay a license
fee for the rights hereby granted.
SECTION 3. The Grantee upon making an opening
upon any of the streets, alleys or public ways of the City,
for the purpose of laying, repairing or maintaining gas
mains, shall use due care and caution to prevent injury to
persons, and shall replace and restore all public ways to
their former condition as nearly as practicable, and with-
in a reasonable time, and shall not unnecessarily obstruct
or impede traffic upon the streets, avenues and public ways
of said City.
SECTION 4. Said Grantee shall save and keep harm-
less the said City from any and all liability by reason of
damage or injury to any person or property whatsoever, on
account of negligence of the Grantee in the installation
and maintenance of its mains and pipe lines along said
streets, alleys and public ways, provided the Grantee shall
have been notified in writing of any claim against the City
on account thereof and shall have been given ample opportun-
ity to defend the same.
SECTION 5. Grantee shall, within one year from
the effective date hereof, commence work hereunder and within
a reasonable time thereafter complete the installation of its
distribution main running through the city of Tukwila, and
thereafter, upon proper application and within a reasonable
time, supply gas to the inhabitants of said city upon just and
reasonable terms and conditions and at rates which will yield
a fair return to the Grantee.
SECTION 6. Whenever the word "Grantee" appears in
this Ordinance it is intended to designate and shall be held
to mean SEATTLE 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 manu-
factured, natural and /or commingled gas.
SECTION 7. This ordinance shall be in full force and
effect from and after its passage and its acceptance by the
Grantee, such acceptance to be endorsed hereon or by independ-
ent writing, to be filed with the City Clerk and to be in sub-
stantially the following form: "On this day of
19 the SEATTLE GAS COMPANY hereby accepts
the terms of the Ordinance passed on the day of
19 entitled: 'An ordinance granting to
Seattle Gas Company, a Washington corporation, doing business
in the State of Washington, the right and franchise to use an d
occupy the streets, avenues, roads, alleys, lanes, parks and
other public places and ways of the City of Tukwila, Washing-
ton, for constructing, maintaining, renewing, repairing and /or
operating a gas works and /or gas distribution system, and other
necessary means for manufacturing, transmitting, distributing
and /or selling gas within and /or through the City of Tukwila,
Washington.'"
This Ordinance passed this 6th day of November 1930
Approved this 6th day of November 1930
Mayor John R. Walkup
City Clerk J.A. Duff