Chapter 12.04
GAS FRANCHISE
Sections:
12.04.030 Council - Police Power
12.04.040 Location, Permits, etc.
12.04.060 Material and Equipment Used
12.04.070 Performance Bond, Obligations, etc.
12.04.080 Claims Against the City
12.04.100 Time Service Available
12.04.110 Granting of Other Franchises
12.04.120 Provisions, Conditions and Regulations
12.04.010 Gas Code Adopted.
The City does adopt the certain Model Code designated: American Standard Installations of Gas Appliances and Gas Piping (Third Edition 1959) together with amendments or additions. (Ord. 475, 1995; Ord. 31, 1964)
12.04.020 Construction.
The right granted to Washington Natural Gas Company, hereinafter referred to as the Grantee, to lay, construct, extend, maintain, repair, renew and replace gas pipes and gas mains and accessories under, among and/or across any and all streets, avenues, roads, alleys, lanes and other public places and ways in the City, and all territory hereafter lawfully annexed, and to use and occupy said streets, avenues, roads, alleys, lanes and other public places and ways for the purpose of laying, constructing, extending, maintaining, renewing, replacing and repairing mains and pipes and all appurtenances and accessories used and/or useful for the manufacture, transmission and sale and distribution of gas within and through the present or future territorial limits of the City, for the term of twenty-five years from and after the effective date of the ordinance, except as hereinafter provided. (Ord. 475, 1995; Ord. 29, Sec. l, 1964)
12.04.030 Council - Police Power.
Rights herein granted shall be subject to and governed by this chapter; provided, however, the 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 herewith, but, without restricting or limiting any general taxing powers. (Ord. 475, 1995; Ord. 29, Sec. 1, 1964)
12.04.040 Location, Permits, etc.
The location of all mains, laterals and appurtenances, their depth below the surface of the ground or grade of any such streets, avenues, roads, alleys, lanes and other public places and ways shall be determined and fixed by the City Engineer, and before any work is done by the Grantee under this franchise, it shall first file with the City an application for a permit to do such work, accompanied by drawings showing the position and location of all such mains and/or laterals and meter boxes, valves, etc., sought to be constructed, laid, installed or erected at that time and their relative positions to existing streets, avenues, roads, alleys, lanes and other public places or ways. (Ord. 475, 1995; Ord. 29, Sec. 3, 1964)
12.04.050 Records Kept.
The Grantee shall at all times keep full and complete plans, plat or plats, specifications, profiles and records showing the exact location, depth, and size of all gas mains and lines laid in the City, and showing the location of all gates, gauges, and other service construction, and such plans, plat or plats, specifications, and records shall be kept current semi-annually by the Grantee to show the exact location of all additional mains and lines hereinafter installed by the Grantee, and its successors and assigns, and these records shall be subject to inspection at all reasonable time in the City by the proper officials and agents of the City, and a copy of these plans, plat or plats, specifications, shall be furnished to the City. (Ord. 475, 1995; Ord. 29, Sec. 4, 1964)
12.04.060 Material and Equipment used.
The Grantee in such application shall specify the class and type of material to be used and the equipment to be used and the mode of safeguarding and facilitating public traffic during construction. All such material and equipment shall be first class and shall meet with the approval and pass all requirements of said Engineer, and the Grantee shall pay to the City all costs of and expenses incurred in the examination, inspections and supervision of such work on account of the granting of said permit, including that work described in Section 12.04.040. (Ord. 475, 1995; Ord. 29, Sec. 5, 1964)
12.04.070 Performance Bond, Obligations, etc.
The Grantee shall leave all streets, avenues, roads, alleys, lanes, public places and ways, after laying and installing mains and doing construction work, making repairs to equipment, etc. in as good and safe condition in all respects as they were before the commencement of such work by the Grantee, its agents or contractors. In case of any damage to said streets, avenues, roads, alleys, lanes, public places and ways, to the pavement, turnouts, gutters, ditches, walks, drain pipes, rails, bridges, trestles, wharves or landings by the Grantee, said Grantee shall immediately repair said damage at its sole cost and expense. The Council may at any time do, order and have done any and all work considered necessary to restore to a safe condition any such streets, avenues, roads, alleys, lanes, public places and ways, or pavement, turnouts, gutters, ditches, walks, drain pipes, rails, bridges, trestles, wharves or landings left by the Grantee or its agents in a condition dangerous to life or property, and the Grantee, upon demand shall pay to the City all costs of such construction or repair and of doing such work.
Before undertaking any of the work or improvements authorized by this franchise, the Grantee, its successors or assigns shall on request of the City furnish a bond, executed by the Grantee and a corporate surety authorized to do a surety business in the State of Washington, in a sum to be set and approved by the Street Superintendent or other properly authorized City official as sufficient to insure performance of the Grantee’s obligations under this franchise, conditioned that the Grantee shall well and truly keep and observe all of the covenants, terms and conditions and faithfully perform all of the Grantee’s obligations, under said franchise; shall correct or replace forthwith, on receipt of notice any defective work or materials used in the replacement of the City streets or property discovered within a two year period of the date of the replacement and acceptance of such repaired streets by the City; and shall restore the streets or property to the condition in which they existed prior to any commencement of work by the Grantee, where the change was occasioned by the work being performed by the Grantee, within the period of time specified by the Street Superintendent in the permit issued for such work. (Ord. 475, 1995; Ord. 29, Sec. 6, 1964)
12.04.080 Claims against the City.
The Grantee by the acceptance of this franchise, hereby agrees, for itself, its successors and assigns, to protect and save harmless the City from all claims, actions or damages of every kind and description which may accrue to or be suffered by any person or persons, corporation or property by reason of any faulty construction, defective material or equipment or maintenance, or by the improper occupation of said streets, avenues, roads, alleys, lanes, improper or faulty manner of safeguarding any excavation, temporary turnouts, or inefficient operation by the Grantee of its said pipe lines as hereinbefore designated; and in case suit or action is brought against said City for damages arising out of or by reason of any of the above-mentioned causes, the Grantee, its successors and assigns, will, upon notice to it or them of the commencement of said action, defend the same at its or their sole cost and expense; and in case judgement shall be rendered against the City in such suit or action, the grantee will fully satisfy said judgment within ninety (90) days after said suit or action shall have finally been determined adversely to the City; provided the Grantee, its successors and assigns, shall have the right to employ its or their own counsel in any cause or action or be given the management of the defense. (Ord. 475, 1995; Ord. 29, Sec. 7, 1964)
12.04.090 Improvements.
If at any time the City deems it advisable to improve any street or public place in Grantee’s facilities are installed by grading, regrading or draining, or installing or relocating municipally owned sewers, drains, or water mains, the Grantee, upon written notice by the City, shall at its own expense, so raise, lower or move its line of pipes to conform to such new grades as may be established, or place said pipes in such location or position as shall cause the least interference with any such improvement and said City shall in nowise be held liable for any damages to the Grantee that may occur by reason of such improvements; provided, the Grantee shall be required to relocate its facilities only if they interfere with such improvement and no alternative plan for the improvement is reasonably feasible.
If the City shall improve such street or public place, the Grantee shall, on written notice by said City, and at the sole expense of the Grantee, replace said pipe or pipes as may be in or through the improved grade of such improvement with pipe or pipes of such material as shall conform to the specifications for the improvement of such street or public place. (Ord. 475, 1995; Ord. 29, Sec. 8, 1964)
12.04.100 Time Service Available.
The Grantee within twelve (12) months of the date of the passage of Ordinance 29 shall have service available in the City or this franchise may be cancelled by Council motion at a regular meeting. (Ord. 475, 1995; Ord. 29, Sec. 9, 1964)
12.04.110 Granting of other Franchises.
This grant shall not be exclusive and shall in no manner prohibit the City from granting other franchises of a like nature or franchises for other public or private utilities over, along, across, under and upon any of such streets, avenues, roads, alleys, lanes, public places and ways, with full power to make all necessary changes, relocations, repairs, maintenance, etc. of same as the City may deem fit. (Ord. 475, 1995; Ord. 29, Sec. 10, 1964)
12.04.120 Provisions, Conditions & Regulations.
All of the provisions, conditions, regulations and requirements contained shall be binding upon the successors and assigns of the Grantee, and all privileges of the Grantee shall insure to its successors and assigns. (Ord. 475, 1995; Ord. 29, Sec. 11, 1964)
12.04.130 Violations.
If the Grantee, its successors or assigns, shall willfully violate or fail to comply with any of the provisions of this grant, or through willful or unreasonable negligence fail to heed to any notice given to the Grantee under the provisions of this grant, then said Grantee, its successors or assigns, shall at the election of the Council of the City forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City. (Ord. 475, 1995; Ord. 29, Sec. 12, 1964)