HomeMy WebLinkAbout00556----�r;-r,I.40
486
(Franchise rnance continued)
(FhiOdi}� it � lv�, i 1, �. ✓'�' u'F^s ,.
After some discussion it was mutually agreed that the proposed amendment be changed by substitux{{f#,,rr+
ting the word within for the words not less than in the second line of the amendment as submitte,,��,'wr* s #,,,'w ,b4 •, x,t
and to strike out the words "a period of not less than" in the sixth line of the amendment as submit
ted. After the said changes had bean made it was moved b Councilman Aldrich and seconded b
Councilman Richards that said ordinancb be amended by striking out the entire wording of said sectio
six and to substitute the followin therefor: hr�p " F
"That work under said right, privilege and franchise shall be commenced within six (6) months ?,j %1' 1;1'e.ask e
from the date of acceptance thereof; and said work shall be completed within reasonable time, The , z "vtY , fi}'rt^,n � {
Grantee, its successors or assigns, shall begin the delivery of gas from its pipe lines herein au-
thorized to be constructed in said city within one year from the date of acceptance, and that should.Y6�r,'frr
said grantee, its successors or assigns, fail to comply with the terms and provisions of this soeti
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then in such instance, said franchise shall be subject to forfeiture by the city council, upon due''
and proper notice given not less than thirty((30) days prior to the time set for the hearing thereof.ptYi'i
Upon roll call, all five councilmen present voted in the affirmative and motion was declared w;tT:y;,uc4ir,�,�,`' 'TsSFi;;
carried.
Amendment to Section 7.
The third -proposed amendment was as follows, to -wit:
"That this ordinance shall take effect and be in force thirty (30) days from the date of its
acceptance. The grantee herein, shall file its writtenencceptanc'e with the City Clerk of said City
within thin 30 days after its assa a and the date of the approval b the mayor of said city; Y ( ) Y P E Pp Y Y q, +
and that any assignment of this franchise ordinance to be come effective, shall be filed in writing
within thirty (30) days from the date of such assignment, with the City Clerk of said city."
It was moved by Councilman Robbins and seconded by Councilman Aldrich, that said ordinance be y7,rt F`
amended by striking out the entire wording of said section seven and to substitute the foregoingi, rrtY',a+
amendment therefor."
Upon roll call, all five councilmen present voted in the affirmative and motion was declared ,`i+�,��y}' 3
carried. �u k
A �s
; Firat Reading. ; M rt� ` i,
The City Clerk then read the proposed ordinance in full as amended, for the firstd reading of
the said ordinance, and it was moved by Councilman Lammers and seconded by Councilman Richards that;{rr
the first reading be considered the seconded reading and that the third reading be bytitle only.
Upon roll call, all five councilmen present voted in the affirmative and motion was declared
carried.
iM
Third reading and passage.
The City Clerk then read the ordinance by title only for the third reading, whereupon it was
moved by Councilman Lammers and seconded by Councilman Robbins that said ordinance do now pass.,
Upon roll call, all five councilmen present voted in the affirmative and motion was daalared
carried.
u.}gy
Copy. of Franchise Ordinance.
The following is 'a full, true and correct copy of said Ordinance No. 994 as passed by the City
Council June 17, 1930, approved by the Mayor June 18, 1930, and published in the Port Townsend Leads
June 19, 1930, to -writ: i ti> ry
ORDINANCE NO. 994.
Ordinance of the City of Port Townsend, State of R'nsbington, granting to the Natural ration of Washington, a corporation, its successors or assigns, the right, privilege end franchise
Gas Corpo-
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to lay and construct and to thereafter operate, maintain, repair and/or replace a system of conduits
and pipe lines, together with such fixtures or appurtenances as the grantee, its successors or as- '�' �,if, f., ?ti,,=,�t;3;�, •
signs, may deem necessary in connection therewith, in, under, along or across all public streets, highways and/or alleys of said city of Port Townsend, for the purpose of transmitting and/or distrib ,Fn,#
uting gas to the public for light, heat, fuel, power or any other lawful purposes, for the term of 4$r
fifty (50) years. ti)s("v
The City Council of the City of Port Townsend do ordain as follows:
z,lie`i2"
Section 1. That the Natural Gee Corporation of Washington, a corporation, its successors or assigns, be and they hereby are granted the right, privilege and franchise, and are authorized and
empowered to lay and construct, and to thereafter operate, maintain, repair and/or replace a system
of conduits and pipelines, together with such fixtures or appurtenances as the grantee, its succes-
sore or assigns, may deem necessary or convenient in connection therewith, in, under, along or a-
cross all public streets, highways and/or alleys of said City of Port Townsend, for the purpose of
transmitting and/or distributing gas to the public for light, heat, fuel, power or any other lawful a y purposes, for the term of fifty (50) years from and after the effective data of this ordinance.
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Section 2, All gas pipes, mains and other conduits which shall be laid and used under and put- s suant to the provisions of this ordinance and in the exercise of the right, privilege and franchise herein granted shall be of iron, or other suitable material, and shall be of such dimensions as the i W
owner for the time being of said right, privilege and franchise shall determine. The grantee here-
in, its successors and assigns, shall lay all such gas pipes, mains and conduits in alleys or unpaved streets, if they conveniently can, and said pipes, mains and conduits shall be laid in a cod an workmanlike manner at least eighteen g d g *toles (18") below the surface of said streets, highways and/or
alleys; and that the work of laying pipes, mains, and other conduits, repairing and maintaining the
same, shall be condubted and performed as to cause the least possible inconvenience to the use by the
Public of the streets, alloys, sidewalks, or public grounds in, over, under or through which said
work is being performed, and all excavations in any of said streets, alleys, sidewalks or public
grounds made by said Natural Gas Corporation of Washington, a corporation, its successors or assigns,f
shall be by it,or them, immediately refilled upon the completion of such work so as to permit use
thereof, and all surplus earth, rubbish, debris and material of any kind promptly removed therefrom,
and such street, alley, sidewalk or public grounds restored to as good condition as the same was
before; and upon installation or removal of any conduits, pipelines and fixtures and equipment, the
77
487
(Ordinance No. 994 continued)
grantee, its successors or assigns, shall advise said City Council of the City of Port Townsend of
the location or removal thereof; and that said City Council shall retain authority to direct, super
vise, and superintend the exercise of all the rights and privileges granted herein, as to the work
and improvements to be done, herein authorized, and for such purpose retain continuous jurisdiction
thereof.
Section 3. In case the City of Port Townsend shall at any time change the grade of any street,
alley, _s dewalk or,public grounds in, over, under or through which said Natural Gas Corporation of
Washington, a corporation, its successors or assigns, shall have constructed any portion of the
work authorized by this ordinance, it shall be the duty of said grantee, its successors or assigns,
upon three dayst notice in writing from the City, to remove, or place`on the proper grade, at its
or their own expense and without costs to the City, the portion OE the work so affected by such
change of grade.
Section 4. The right, privilege and franchise hereby granted is not exclusive and the right
of the said City of Port Townsend to grant like rights, privileges and franchises to others is
hereby preserved provided that such grants shall not interfere with the reasonable use of the rights
granted hereunder.
Section 5. The grantee herein must save and keep harmless the City'of Port Townsend from dama-
ges due to construction and maintenance of said conduits, pipelines, fixtures and appurtenances.
Section 6. That work under said right, privilege and franchise shall be commenced within six
(6) months from the date of acceptance thereof, and said work shall be completed within reasonable
time. The grantee, its successors and assigns, shall begin'the.delivery of gas from its pipe-
lines herein authorized to be constructed in said City, within one (1) year from the date of accep-
tance; and that should said grantee, its successors or assigns, fail to comply with the terms and
provisions of this section, then, in such instance, said franchise shall be subject to forfeiture
by the City Cpunoil of said City upon due and proper notice given not less than thirty (30) days
prior to the time set for the hearing thereof.
Section 7. That this ordinance shall take effect and begin.force thirty (30) days from the
date of its acceptance. The grantee herein shall file its written acceptance with the City Clerk
of said City within thirty (30) days after its passage, and the date of the approval by the Mayor
of said City; and that any assignment of this franchise ordinance, to become effective, shall be
filed in writing within thirty (30) days from the date of such assignment with the City Clerk of
said City.
Section 8. That this.ordinance shall be published once in the Port Townsend Leader.
Passed by the City Council June 17th, 1930
Approved by the Mayor June 18th, 1930.
Dr. George Bangerter,
Approved as to form: Mayor.
Jas. W. B. Scott, Attest:
City Attorney. C. F. Christian,
(Seal) City Clerk
Copy of franchise ordinance as introduced.
For purpose of comparison and as a matter of record, the proposed franchise ordinance as origi-
nally introduced by the Natural Gas Corporation of Washington, is herewith recorded, as follows,
to -wit:
ORDINANCE NO.
Ordinance of the City of Port Townsend, State of Washington, granting to Natural Gas Corpora-
tion of Washington, a corporation, its successors or assigns, the right, privilege and franchise
to lay and construct and to thereafter operate, maintain, repair andzor replace a system of con-'
duits and pipelines, together with such fixtures or appurtenances 'as the grantee, its successors
or assigns, may deem necessary or convenient in connection therewith, in, under, along or across
all public streets, highways and/or alleys of said City of Port Townsend, for the purpose of trans-
mitting and/or distributing gas to the public for light, heat, fuel, pourer or any other lawful pur-
poses, for the term of fifty (50) years.
The City Council of the City of Port Townsend do ordain as follows:
Section 1. That the Natural Gas Corporation of Washington, a corporation, its successors or
assigns, be and they hereby are granted the right, privilege and franchise, and are authorized and
empowered to lay and construct, and to thereafter operate, maintain, repair and/or replace a sys-
tem of conduits and pipelines, together with such fixtures or appurtenances as the grantee, its
successors or assigns, may deem necessary or convenient in connection therewith, in, under, along
or across all public streets, highways, and/or alleys of said City of Port Townsend, for the pur-
pose of transmitting and/or distributing gas to the public for light, heat, fuel, power or any
other lawful purposes, for the term of fifty (50) years from and after the effective date of this
ordinance.
Section 2. All gas pipes, mains and other conduits which shall be laid ans used under and
pursuanV,to the provisions of this ordinance and in the exercise of the right, privilege and fran-
chise herein granted shall be of iron, or other suitable material, and shall be of such dimensions
as the owner for the time being of said right, privilege and franchise shall determine. The
grantee herein, its successors or assigns, shall lay all such gas pipes, mains and conduits in al-
leys or unpaved streets, if they conveniently can, and said pipes, mains and conduits shall be laid
e