HomeMy WebLinkAbout2690 Granting an 18 Month Extension to the Electrical Distribution System Franchise to Puget Sound Energy (PSE)Ordinance No. ~ ~ 9 D
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING ORDINANCE
NO. 1564 AND GRANTING AN 18 MONTH EXTENSION OF THE ELECTRICAL
DISTRIBUTION SYSTEM FRANCHISE TO PUGET SOUND ENERGY, UNDER ALL
TERMS AND CONDITIONS OF ORDINANCE NO. 1564
WltF_I~AS, on February 18, 1969, at a regularly scheduled City Council meeting, the
Port Townsend City Council adopted Ordinance No. 1564, granting Puget Sound Power & Light,
and its successors and assigns, the non-exclusive right, privilege, authority and franchise to
construct, erect, alter, improve, renew, repair, operate and maintain electric transmission and
distribution lines within the City of Port Townsend. Section 1 of Ordinance No. 1564 provides
that the franchise is for a 30-year term. Puget Sound Energy (PSE) is the successor and assign
of Puget Sound Power & Light. A photocopy of Ordinance No. 1564 is attached hereto and
incorporated herein by this reference; and
WHEREAS, the franchise, as provided in Ordinance No. 1564, expires on or about
February 19, 1999. PSE has proposed a new 30 year franchise. However, the City of Port
Townsend is in the process of considering the best interests of the public in granting another long-
term franchise for the transmission and distribution of electrical power. The electrical
transmission and distribution industry is in a state of rapid change, both in terms of the technology
of service delivery and distribution, as well as the regulatory environment. To best serve the
public, the Council finds that the City requires not less than 18 months to study options and to
comprehensively negotiate a new franchise agreement with PSE; and
WHEREAS, the City has retained consulting services to provide analysis of the City's
options for the electrical' power franchise agreement. In a study dated November 1998, consultant
D. Hittle & Associates, Inc. recommended a short term extension of the existing franchise with
PSE to provide the needed time for the City to study its options and negotiate a new franchise
agreement. At this time, while the City Council lacks adequate information to concur with all
conclusions and opinions contained in the D. Hittle & Associates Report, the Council concurs that
a short term extension is in the best interests of the public; and
WItEREAS, at the February 1, 1999 City Council meeting, Mr. Don McDaniel, PSE's
representative, concurred with the proposed 18 month extension of the existing franchise, under
all terms and conditions stated in Ordinance No. 1564,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
SECTION 1. Franchise Agreement Extended. The electrical power transmission and
distribution franchise granted by Ordinance No. 1564 to Puget Sound Energy, as successor and
assign of Puget Sound Power & Light, is hereby extended, and shall expire on Monday, August
21, 2000. Section 1 of Ordinance No. 1564 is hereby amended to extend the 30-year expiration
term of the PSE franchise in accordance with this Ordinance. With the exception of the expiration
of Ordinance No. 1564 extended herein, all terms and conditions of Ordinance No. 1564 are
reaffirmed without further amendment, and are incorporated herein by this reference.
SECTION 2. Effective Date. This Ordinance shall take effect and be in force five days
after the date of its publication after final adoption in the manner provided by law.
SECTION 3. Severability. If any provision of this Ordinance or its application to any
person or circumstance is held invalid, the remainder of the Ordinance, or the application of the
provision to other persons or circumstances is not affected.
Read for the first time on February 16, 1999. Read for the second and third times and
passed by the City Council of the City of Port Townsend, Washington, at a regular meeting
thereof, held this 1st day of March, 1999.
For~est Ra~b6, Ma~or
Attest:
Pam Kolacy, City Clerk f~
Approved as to Form:
nt rney
2/9/99 [98-57] tlm\Ord\{psefranl.doe}
2 Ord.
-TO-~.N.' OF PORT TOWNSEND
'i '.''' OP,.DINANCE'~,/'' '~/
[tS .'
An ordinance gr~mting'to Puget Sound Power & Light Company,
~uccessors arid assigns, the right, privilege, authority and franchise to set,
erect; construct, matntalh and. operate poles .and wires in, over, under,
upon; .along and across the streets, avenues, alleys and public' places of the
of Port Townsend for the purpose of transmission, distribution and sale
of electric power, heat and light, and for any other purpose or purposes fOr
which electricity may be used.
Be it ordained by the counctl of tlie TCSt~ of Port Tova~send:
SE'CTION I
That there be and is. hereby granted to Puget Sound Power & Light
Company,' a corporation, hereinafter called the grantee, and to its. successors
and assigns for a period om and after the passage of
this ordi. nanee, subject to ali the terms and 'conditions hereof, the right,
[Srivilege, autliority and franchise for itself, its successors and assigns,, to
· construct, erect, alter, impr. ove, renew,, repair, operate and maintain electric
· transmission and distribution lines, consisting of poles with necessary anchors,
and with or without crossanns, 'and transmission, distribution, service and
private telephone and signal wires and other appurtenances attached thereto,
or underground cables together with appurtenances necessary there'to where
such undergrdund facilities have. been specially contracted for, and to transmit
and distribute thereover electric current and energy for power, light, heat
and all other purposes for which such current and energy may be used, upon,
2
· SECTION i (.Continued~ ' "~
· .' .~. '..~",'ai.:,..':~
· ' . .. ' ....'..:.:'; .~; ': './.i..,.:,':,
over, under, across and along all of the streets; avenues, alleys and public ~ . ?','~:;f'?':i~' '.
· " '.'"'
places within tile.~n. of Port Townsend for mun:lcipal, domestic' and manu~ .' '.:.!'.?'i'"}i';:}"'"~:"~:';ii!'!;;."..' "
'facturing 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 current, power, heat,, light ~[nd other uses. ' ' ;"." ~''. ',',:.'"':: ..,t'.,'.'..."
....
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~ ,° ..~ ;.. ~.~ ~:'; :~ [,... :..-',.~':," ,
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T/~e graut hereby made ts intended to, and does~ include any, /fl1 and
every of the strqets, avenues, alleys, highways, and pdblic grimnds and
places of the .Town of Port Townsend as now laid out, plaited and ded'icated,
and of record in the office of the County Auditor of Jefferson County, Washington,
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
of' Port Townsend, and.within the limits thereof as the same may hereafter
be extended.
SECTION II
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 o£ 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 p.ublic 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.
SECTION III
The said grantee, its successors 'and assigns, shall pay all damages
SECTION III: (Continued) .
suffered by the of Port Townsend or by any'person, firm or corporation,.
resulting from the construction, maintenance or operation of said poles, wires, -'
appux~tenances', equipment and facilities and shall 'indemnify the ~ of Port'
Townsend against and hold it;; harmless from any and all claims made against
the Of Port Townsend arising out of such construction, maintenance and
operation; proVided, howe~v~r, that in case any claim is flied with the .. of
Port Townsend or any suit or action ts lnstltd~ed against said town'by reason
of any such damage or injury, the Council shall cause written notice thereof
io be given said grantee and the said grantee shall have the right to defend any
such suit or' action.
sEcTION IV
That
v/henever any person shall have obtained permission ol~ the._'F~v/n--
of Port Townsend to use any street of the said town for the purpose of moving
any building, the grantee, its successors and assigns upon. seven'(7) days'
written
notice
from
the .~n- Clerk of sa~d ~t~shall ral. se or remove at tile
expense of the person desiring to move such building any of'its or their wires
which may obstruct the removal of such building, provided, that.the moving of
such building shall be (~one in accordance with the regulations and general
ordinances of the ~n in such reasonable manner as shall cause least inter-
ference 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 succes.sors 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 '
I '" '!'"
I ' ' '" 'Page 4 '. ':. · · ' .'"'" ' "". ' '"-.
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I SECTION I~ (C;nttnued) ''
· · '
.-. · . o ' ~q'.;','.":''..', i ·
directly, or " '""" ::" ' ~''
re
caused
,, nat~ indirectly from such t~mporary arrangement of the' .
. . · . ;.:. ..'..':' ,..,....:.'~:l..~.'~ -
i lin~s and poles'o~ the grantee~ ':'; '".' ~:'
. · ....~.,....,;., ,~ :..,~.
· . . ' · ' ;'.... 'gl.". ,,
Ii %.~AA V ' ". ' ., , .' ' . ' ' ;'' ' ' " '' ~':"": "'
SE,4~rON .,, - ,, ;.:.. '~.. :,..
· ' ' L' .,"-.>'"'.~
. . .. · .... ; ~.'.,~ ;'.
,:; · ' ' - If th~-- - To ,~t{. of Port ToWn~end Shall acquire by purchase or co/tdemnatt0n' ' "':.'"'"'.:i'.'.'i""' i:;"
during the term of this. franchise any of'the ·grantee's p~:operty erected here- ,
., unde. r/.'the addition to the sum of all 'other elements of value by reason Of the ' '"'--':~
· element which is the right to occupy the Public ways evidenced by' th[~ franchise; ~ ": '~:.'.: '"
shall
no
gre.ater th~in the' actual cost Of obtaining such franchise. ' .- .....' ..' ...... '.>:
'" SE CTION VI ' ' '" "'" ' '
· , . - .; - ,.' .'.;..;
·~5~cz'o '..' . . -. . . . . ..... ,.:,,..,.
·. .... . The . f Port Townsend shal~ have the' right.during the entire period'
" "' 'of this franchise,' to pla'c~'and maintain 'at. Its own ex. pens.e ar/d 'risk up6n the '
poles erected or maintained 'by the grantee, its /~uccessors or assigns, fre~ of: i" i'". '""~ '"':
'. -. . ,...' .. · · .... .;' ...- ;. - . .
__~ .... --- '':Cd~.~, .... .,. ' ''.. '~'' ;......
wt~' ':-" '"': .... ""
~.- charge;..police and.fi e alarm es' other 'related appara01s. - ,-'-:" ...',.,. '-,
' -' ' '' ' ~'.'":., .."k:
SECTION VII ... · · ' "" : ....
, . . .., .'., . · . . ., ,... ;:,....~,......
This franchise is granted upon the'ext~ress condition that 'it shall not be -
deemed or held to be an exclusive franchise and sh~ll not .in any manner prohibit- . .'. '~"
the of Port 'Townsend. from granting..., other and further fran'chise over, u{~de~,,' .~ :'.,".,
upon I~nd along .any of Said publlc.'stre~ts, avenues, 'alleys, or public Plac6s; '. ' i' ~; :":"'
· . . ,; .".'2:"
.. , SECTION VIII ..' " ' ':-", .'..
That in order to. claim any right or benefit under this ordinance said "' "'
grantee shall within thirty ( 30).days after the approval hereof file ~lth the' "
~t~'~ ' '" ' ' .';'
T/x~rn Clerl~ its ~cceptauce tn Writing Of this ordinande.. . ' " , .'
Page' 5
SECTION IX,
Thi~ ordinance shall take effect and 'be in forc8 from and after its
passage, approval, and publication as required by law.
INTRODUCED THE I~'DAY OF ~,~v,l,.~ , 19 ~ q . "!.: .':::' :~'::':-''
P
ASSED BY THE COUNCI: OF..THE T./O~. OF PORT TOWNSEND ON THE
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~ DAY OF ' ~u~k~' '/'
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~Ap a0~D BY M~ ~ ~ DAY OF · ~JS,~'l~ , .19
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