Chapter 13.05
RIGHT-OF-WAY USE – UTILITIES
Sections:
13.05.010 Public utilities defined.
13.05.030 Map of facilities required.
13.05.040 Changing nature or location of facilities – Permit required.
13.05.050 Public utilities to underground facilities.
13.05.060 Franchise conditions.
13.05.070 Hold harmless provision.
13.05.080 Assumption of risk provision.
13.05.090 Police power of the town.
13.05.100 Acceptance time limits.
13.05.110 Transfer – Consent required.
13.05.120 Breach – Forfeiture.
13.05.130 Right of condemnation unlimited.
13.05.140 Violation – Penalty.
13.05.010 Public utilities defined.
For the purpose of this chapter, a “public utility” is defined as any person, firm or corporation supplying electricity, water, sewers, or gas or distributing the same, or supplying telecommunications service by the use of pipes, poles, lines, cables or other fixed equipment under, upon, along or above street rights-of-way in the town of Hunts Point; and for the purpose of this chapter any public utility shall be deemed to include any subsidiary, affiliate, employee, nominee, or independent contractor thereof performing work upon such facilities in the streets or in public places of the town whether under contract, direction, request or authority of said public utility. [Ord. 529 § 2 (Att. B), 2017]
13.05.020 Franchise required.
From and after 30 days following the effective date of the ordinance codified in this chapter, it shall be unlawful for any public utility to use the street rights-of-way of the town of Hunts Point without a valid and effective franchise granted by the town or the state of Washington and applicable to town street rights-of-way of said town. [Ord. 529 § 2 (Att. B), 2017]
13.05.030 Map of facilities required.
(1) At the request of the town engineer or other person to whom this responsibility may be delegated any public utility using street rights-of-way within the town of Hunts Point shall supply a map or maps to a uniform scale, if such be specified, showing as near as may be the then nature and location of its facilities within the street rights-of-way or public places and, if such facilities be underground, the depth thereof.
(2) Any public utility shall, with or without any request therefor, keep at its office (local office, if any) such an up-to-date map showing its facilities within the streets or public places of the town of Hunts Point. [Ord. 529 § 2 (Att. B), 2017]
13.05.040 Changing nature or location of facilities – Permit required.
(1) Any work affecting the location of its poles, pipes, or conduits in, upon, or along town streets by or at the instance of a public utility as herein defined shall be done only upon permit showing approval by the town engineer or other person to whom this authority may be delegated, and according to Chapter 12.05 HPMC.
(2) Such applications shall be accompanied by at least two maps to the same scale as the map required under HPMC 13.05.030, if such be requested by the town, and such permit shall be in addition to that required where cutting into the surface of, or altering, town streets be involved. [Ord. 529 § 2 (Att. B), 2017]
13.05.050 Public utilities to underground facilities.
Whenever a public utility undertakes any street improvement or other project that impacts facilities of any public utility located in the right-of-way or on other public property, all such facilities shall be placed underground. [Ord. 529 § 2 (Att. B), 2017]
13.05.060 Franchise conditions.
Franchises granted by the town of Hunts Point for the use of streets shall be uniformly conditioned as set forth in HPMC 13.05.070 through 13.05.130. [Ord. 529 § 2 (Att. B), 2017]
13.05.070 Hold harmless provision.
Any franchise granted a public utility for the use of town streets shall include a provision wherein the grantee holds the town harmless from any liability by reason of the construction, operation or maintenance of its facilities under, upon, along or over street rights-of-way or other public places. [Ord. 529 § 2 (Att. B), 2017]
13.05.080 Assumption of risk provision.
Any franchise granted a public utility for the use of town streets shall include a provision wherein the grantee assumes the risk of injury to its facilities within street rights-of-way or other public places by the town. [Ord. 529 § 2 (Att. B), 2017]
13.05.090 Police power of the town.
Any franchise granted a public utility hereafter for the use of town streets shall include a provision wherein the grantee by its acceptance thereof acknowledges that all rights conferred thereby are subject to the police power of the town to adopt and enforce general ordinances necessary for the safety and welfare of the people of Hunts Point; and that the grantee agrees to comply with all such general ordinances insofar as applicable to it. [Ord. 529 § 2 (Att. B), 2017]
13.05.100 Acceptance time limits.
Any franchise granted a public utility for use of town streets shall include a provision that, if, within 60 days after the granting of such franchise, the grantee shall have failed to file its written acceptance thereof with the town clerk, then such franchise shall be null and void. [Ord. 529 § 2 (Att. B), 2017]
13.05.110 Transfer – Consent required.
Any franchise granted a public utility, which is not also a municipal corporation, for the use of town streets shall include a provision requiring the consent of the town of Hunts Point to any transfer thereof and shall provide that any transferee be equally bound by the terms thereof. [Ord. 529 § 2 (Att. B), 2017]
13.05.120 Breach – Forfeiture.
Any franchise granted a public utility for the use of town streets shall include a provision whereby such franchise may by the town council be declared forfeited when, after 60 days’ notice to the local manager thereof, the grantee shall not have cured a deficiency in its discharge of the obligation created by the franchise and all other applicable laws of the town of Hunts Point. [Ord. 529 § 2 (Att. B), 2017]
13.05.130 Right of condemnation unlimited.
Any franchise granted a public utility, which is not also a municipal corporation, for the use of town streets will include a provision that such franchise in no way limits the town in its exercise of the right of eminent domain; and that, in any purchase or condemnation of any of the grantee’s property during the term of the franchise, the addition to the sum of all other elements of value of such property by reason of the element which is the right to occupy the public ways evidenced by such franchise shall be no greater than the actual cost of obtaining such franchise as related to such property. [Ord. 529 § 2 (Att. B), 2017]
13.05.140 Violation – Penalty.
Violation of any of the provisions of this chapter shall be a misdemeanor, and shall be punishable by a fine not to exceed $300.00 or by imprisonment not to exceed 90 days, or both. [Ord. 529 § 2 (Att. B), 2017]