HomeMy WebLinkAbout2820 Puget Sound Energy (PSE) FranchiseCITY OF PORT TOWNSEND
ORDINANCE NO. 2820
AN ORDINANCE granting Puget Sound Energy, Inc., a Washington corporation, the
right, privilege, authority and franchise to set, erect, construct, support, attach, connect and stretch
Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over,
under, along, across and through the Franchise Area for purposes of transmission, distribution and
sale of energy for power, heat, light and any other purpose for which energy can be used; and to
charge and collect tolls, rates and compensation for such energy and such uses.
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Definitions.
1.1 Where used in this franchise (the "Franchise") the following terms shall mean:
1.1.1 "PSE" means Puget Sound Energy, Inc., a Washington corporation, and such
successors and assigns as are approved by the City pursuant to this Franchise Ordinance.
1.1.2 "City" means the City of Port Townsend, a municipal corporation of the State
of Washington, and its respective successors and assigns.
1.1.3 "Franchise Area" means any, every and all of the roads, streets, avenues,
alleys, and highways, as now laid out, platted, dedicated or improved; and any, every and all
roads, streets, avenues, alleys, and highways, that may hereafter be laid out, platted, dedicated or
improved within the present limits of the City and as such limits may be hereafter extended,
1.1.4 "Facilities" means poles (with or without crossarms), wires, lines, conduits,
cables, communication and signal lines, braces, guys, anchors, vaults and all necessary or
convenient facilities and appurtenances thereto, excluding substations, whether the same be
located over or under ground.
1.1.5 "Ordinance" means this Ordinance No. 2820, which sets forth the terms and
conditions of this Franchise.
Section 2. Facilities within Franchise Area.
2.1 The City does hereby grant to PSE the right, privilege, authority and franchise to:
2.1.1 Set, erect, construct, support, attach, connect and stretch Facilities between,
maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across
and through the Franchise Area for purposes of transmission, distribution and sale of energy for
power, heat, light and any other purpose for which energy can be used; and
2.1.2 To charge and collect tolls, rates and compensation for such energy and such
uses.
2.2 Existing Facilities installed or maintained by PSE on public grounds and places as of
the effective date of this Franchise which are not within the Franchise Area as defined by this
Franchise may be maintained, repaired and operated by PSE for the term of this Franchise;
provided, however, that no such Facilities may be enlarged, improved or expanded without prior
Page 1 Ordinance 2820
review and approval by the City pursuant to applicable ordinances, codes, resolutions, standards
and procedures.
2.3 This Franchise does not allow PSE or any third party the right to use the Franchise
Area for any purpose other than the transmission, distribution and sale of electricity, or to install
any facilities in the Franchise Area other than the Facilities described herein.
2.4 PSE shall comply with all applicable federal, state and local laws (including, but not
limited to, the lawful exercise of the City's general police powers) in connection with the exercise
of its rights under this Franchise. Notwithstanding the foregoing, this Franchise shall supersede,
govern and control any ordinance, rule, plan, policy, resolution, regulation or other directive of
the City to the extent any such ordinance, rule, plan, policy, resolution, regulation or other
directive conflicts with, or is inconsistent with, the terms and conditions of this Franchise.
2.5 PSE's Facilities shall be maintained within the Franchise Area so as not to-
unreasonably interfere with the use of the Franchise Area by the City and by the general public
and in accordance with the laws of the State of Washington and the City of Port Townsend.
2.6 If the City shall acquire by purchase or condemnation during the term of this
franchise any of PSE's property erected hereunder, 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 this
franchise, shall be no greater than the actual cost of obtaining such franchise.
Section 3. Restoration of Public Ways, Other Ways, and City Property.
3.1 When PSE or any person acting on its behalf, does any work in or affecting the
Franchise Area it shall, at its own expense, promptly remove any obstructions therefrom and
restore, to the City's reasonable satisfaction, such Franchise Area to as good a condition as
existed before the work was undertaken, unless otherwise directed by the City.
3.2 If weather or other conditions do not permit the complete restoration required by
this Section, PSE shall temporarily restore the Franchise Area. Such temporary restoration shall
be at PSE's sole expense and PSE shall promptly undertake and complete the required permanent
restoration when the weather or other conditions no longer prevent such permanent restoration.
3.3 PSE or other person acting in its behalf within the Franchise Area shall use suitable
barricades, flags, flag persons, lights, flares, and other measures as required by applicable law for
the safety of all members of the general public.
3.4 The Public Works Director shall be responsible for inspection and final approval of
the condition of the Franchise Area following any construction and restoration activities therein,
according to City engineering standards.
Section 4. Relocation of Facilities.
4.1. Whenever the City undertakes the construction of any public street improvement
within the Franchise Area and such public street improvement necessitates the relocation of
PSE's then existing Facilities within the Franchise Area, the City shall:
4.1.1 provide PSE, within a reasonable time prior to the commencement of such
public street improvement, written notice requesting such relocation; and
4.1.2 provide PSE with copies of pertinent portions of the City's plans and
specifications for such public street improvement so that PSE may relocate its Facilities to
accommodate such public street improvement.
Page 2 Ordinance 2820
After receipt of such notice and such plans and specifications, PSE shall relocate such Facilities
within the Franchise Area at no charge to the City. If the City requires the subsequent relocation
of any Facilities within five (5) years from the date of relocation of such Facilities pursuant to
this subsection, the City shall bear the entire cost of such subsequent relocation.
4.2. Whenever any person or entity, other than the City, requires the relocation of PSE's
Facilities within the Franchise Area to accommodate the work of such person or entity within the
Franchise Area, then PSE shall have the right as a condition of such relocation to require such
person or entity to:
4.2.1 make payment to PSE, at a time and upon terms reasonably acceptable to
PSE, for any and all costs and expenses incurred by PSE in the relocation of the PSE's Facilities;
and
4.2.2 indemnify and save PSE harmless from any and all claims and demands
made against it on account of injury or damage to the person or property of another arising out of
or in conjunction with the relocation of the PSE's Facilities, to the extent such injury or damage
is caused by the negligence of the person or entity requesting the relocation of PSE's Facilities or
the negligence of the agents, servants or employees of the person or entity requesting the
relocation of the PSE's Facilities.
4.3. Any condition or requirement imposed by the City upon any third party (including,
without limitation, any condition or requirement imposed pursuant to any contract or in
conjunction with approvals or permits for zoning, land use, construction or development) which
necessitates the relocation of PSE's Facilities within the Franchise Area shall be a condition or
requirement causing relocation of PSE's Facilities to occur subject to the provisions of
Subsection 4.2 above; provided, however:
4.3.1 if the City reasonably determines, and notifies the PSE in writing of such
determination, that the primary purpose of imposing such condition or requirement upon such
person or entity is to cause, on the City's behalf, a public street improvement identified in the
City's capital facilities plan within a segment of the Franchise Area, then only those costs and
expenses incurred by PSE in integrating and connecting such relocated Facilities with PSE's
other Facilities shall be borne by such person or entity in accordance with Subsection 4.2, and
Puget shall otherwise relocate its Facilities within such segment of the Franchise Area in
accordance with the provisions of Subsection 4.1.
4.4. Nothing in this Section 4 "Relocation of Facilities" shall require PSE to bear any
cost or expense in connection with the location or relocation of any Facilities then existing under
benefit of easement or such other private property rights.
Section 5. Indemnification.
5.1 PSE shall indemnify and save the City harmless from any and all claims and
demands made against it on account of injury or damage to the person or property of another, to
the extent such injury or damage results from the negligent or intentional acts or omissions of
PSE arising out of PSE's franchise or in connection with the construction maintenance, or
operation of PSE facilities, except those resulting from the sole negligence of the City; provided,
however, that in the event any such claim or demand be presented to or filed with the City, the
City shall promptly notify PSE thereof, and PSE shall have the right, at its election and at its sole
cost and expense, to settle and compromise such claim or demand, provided further, that in the
event any suit or action be begun against the City based upon any such claim or demand, the City
shall likewise promptly notify PSE thereof, and PSE shall have the right, at it election and its sole
Page 3 Ordinance 2820
cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost
and expense, by attorneys of its own election.
5.2 Inspection or acceptance by the City of any work performed pursuant to this
Franchise in the Franchise Area by PSE, its agents, servants, contractors, officers, or employees,
during or at the time of completion of construction shall not be grounds for avoidance of any of
these covenants of indemnification. Said indemnification obligations shall extend to claims
which are not reduced to a suit and any claims which may be compromised prior to the
culmination of any litigation or the institution of any litigation.
5.3 In the event that PSE refuses a tender of defense under subsection 5.1 above, and
said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that
the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the
PSE, then PSE shall pay the City's reasonable attorneys' fees incurred in connection with the
wrongful refusal of such tender (in addition to, and without limitation of, such other costs and
expense as are determined by such court or tribunal as being within the scope of subsection 5.1).
5.4 As to claims made pursuant to Section 5, such claims shall survive the expiration or
termination of this Franchise.
5.5 The City shall not be liable to PSE for any damage to or loss caused by the City of
any PSE Facilities within the Franchise Area or any facilities of any other entity authorized to be
placed upon City property or within the public ways of the City as a result of or in connection
With any public works, public improvements, construction, excavating, grading, filling, or other
City work except to the extent such loss is attributable to intentionally wrongful, malicious, or
negligent City acts or City omissions.
Section 6. Moving Buildings within the Franchise Area.
6.1 If any person or entity obtains permission from the City to use the Franchise Area for
the moving or removal of any building or other object, the City shall, prior to granting such
permission, require such person or entity to make any necessary arrangements with PSE for the
temporary adjustment of PSE's wires to accommodate the moving or removal of such building or
other object. Such necessary arrangements with PSE shall be made, to PSE's reasonable
satisfaction, not less than fourteen (14) days prior to the moving or removal of said building or
other object. In such event, PSE shall at the expense of the person or entity desiring to move or
remove such building or other object, adjust any of its wires which may obstruct the moving or
removal of such building or other object, provided that:
6.2 The person or entity obtaining such permission from the City to move or remove
such building or other object shall be required to indemnify and save PSE harmless from any and
all claims and demands made against it on account of injury or damage to the person or property
of another arising out of or in conjunction with the moving or removal of such building or other
object, to the extent such injury or damage is caused by the negligence of the person or entity
moving or removing such building or other object or the negligence of the agents, servants or
employees of the person or entity moving or removing such building or other object.
City permission authorizing such person or entity to use the Franchise Area for the moving or
removal of a building or other object shall direct such person or entity to make the following
arrangements with PSE:
6.2.1 the moving or removal of such building or other object which necessitates the
adjustment of wires shall be done at a reasonable time and in a reasonable manner so as not to
unreasonably interfere with PSE's business;
Page 4 Ordinance 2820
6.2.2 where more than one route is available for the moving or removal of such
building or other object, such building or other object shall be moved or removed along the route
which causes the least interference with PSE's business.
Section 7. Revocation or Termination of Grant.
7.1 This Franchise may be revoked by the City if PSE shall fail to comply with the terms
and conditions of this Franchise. Without limiting the generality of the foregoing, the City may
initiate a proceeding to revoke this Franchise if it believes that any one or more of the following
actions by PSE constitute a breach of this Franchise:
7.1.1 Construction or operation of Facilities in the Franchise Area without a
franchise, in a manner that is inconsistent with this Franchise;
7.1.2 Construction or operation of Facilities in the Franchise Area at an
unauthorized location within the Franchise Area so as to be inconsistent with this Franchise;
7.1.3 Unauthorized assignment of this Franchise by PSE, in a manner that is
inconsistent with this Franchise;
7.1.4 Material misrepresentation of fact by or on behalf of PSE upon which the
City relies in making a decision to grant, review or amend this Franchise;
7.1.5 Abandonment of Facilities in the Franchise Area, in a manner that is
inconsistent with this Franchise;
7.1.6 Failure to relocate Facilities in accordance with this Franchise; or
7.1.7 Violation of any other material provision of this Franchise.
7.2. In the event that the City believes that grounds exist for revocation of the Franchise,
PSE shall be given written notice of the apparent violation or noncompliance, providing a short
and concise statement of the nature and general facts of the violation or noncompliance, and
providing PSE a reasonable period of time not exceeding thirty (30) days to furnish evidence:
7.2.1 That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation or noncompliance; or
7.2.2 That rebuts the alleged violation or noncompliance.
7.3. In the event that PSE fails to provide evidence reasonably satisfactory to the City as
provided in Subsection 7.2 above, the City shall refer the apparent violation or non-compliance
to the City Council. The City Council shall provide PSE with notice and a reasonable
opportunity to be heard concerning the matter.
7.4 If the City Council determines that PSE willfully violated or failed to comply with
the terms and conditions of this Franchise through willful misconduct or gross negligence or
failed to heed or comply with any notice given PSE by the City under the provisions of this
Franchise, then upon order of the City Council, this Franchise may be revoked or annulled.
7.5 The foregoing provisions of subsections 7.1 through 7.4 (pertaining to certain
remedies afforded the City in the event of a breach of this Franchise by PSE) are in addition to,
and not a limitation of, any and all right and remedies afforded a party in the event of a default
by the other party. Without limiting the generality of the foregoing, if a party shall be in default
Page 5 Ordinance 2820
of its obligations under this Franchise, the other party may secure an order of specific
enforcement of the defaulting party's obligations under this Franchise from the Superior Court.
Section 8. Nonexclusive Franchise.
8.1 This Franchise is not and shall not be deemed to be an exclusive Franchise. This
Franchise shall not in any manner prohibit the City from granting other and further franchises
over, upon, and along the Franchise Area which do not interfere with PSE's rights under this
Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or
affect the jurisdiction of the City over the same or any part thereof.
Section 9. Franchise Term.
9.1 This Franchise is and shall remain in full force and effect for a period of ten (10)
years from December 31, 2000 (the date the previous franchise, plus approved extensions,
expired), provided, however, PSE shall have no rights under this Franchise nor shall PSE be
bound by the terms and conditions of this Franchise unless PSE shall, within sixty (60) days after
the effective date of the Ordinance, file with the City its written acceptance of the Ordinance.
Section 10. Transfers of Grant.
10.1 This Franchise may not, directly or indirectly, be transferred, assigned or disposed of
in any manner by PSE except as provided by RCW 80.12.020 (collectively, "Transfer of Grant")
10.2 Without limiting the generality of the foregoing and to the extent consistent with
applicable law, a Transfer of Grant, in whole or in part, shall be subject to the City's prior written
consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, the City
hereby consents to PSE's mortgage of this Franchise to the trustee for its bondholders.
Section 11. Herbicides.
11.1. PSE shall not apply any herbicide within the Franchise Area without providing the
City fourteen (14) days prior written notice of such application, unless the parties agree to a
different term, or the City gives a blanket approval as part of a periodic program of spraying. PSE
shall post the relevant portion of the Franchise Area at least 8 days prior to any spraying with
notice of intended spraying. Nothing herein is intended or shall be construed to relieve PSE of
any and all other requirements of applicable law relating to the application of herbicides.
Section 12. Underground and New Installation of Distribution Facilities.
12.1. In connection with City improvement of the Franchise Area (including
improvement which necessitates relocation of PSE Facilities in accordance with this Ordinance),
and as otherwise authorized by applicable law or ordinance, the City may by written notice to
PSE, request PSE to underground its existing distribution Facilities (of 15,000 volts or less)
within the Franchise Area improved by the City; provided, that such conversion of PSE's
existing Facilities shall be accomplished in accordance with PSE's applicable schedules and
tariffs on file with the Washington Utilities and Transportation Commission or its successor.
12.2 If PSE elects to install new overhead distribution Facilities (of 15,000 volts or less)
within the Franchise Area or a new extension of existing overhead distribution Facilities within
the Franchise Area, PSE will provide written notice to the City. The City may by written notice
to PSE, request PSE to install such Facilities underground within the Franchise Area; provided,
that such installation underground of PSE's Facilities shall be accomplished in accordance with
Page 6 Ordinance 2820
PSE's applicable schedules and tariffs on file with the Washington Utilities and Transportation
Commission or its successor.
Section 13. Right of City to Use PSE's Poles.
13.1 During the term of this Franchise, the City may, subject to PSE's prior written
consent which shall not be unreasonably withheld, install and maintain City-owned overhead
wires and equipment for non-commercial municipal purposes, including traffic signalization and
police and fire communications upon PSE's poles which are Facilities located within the
Franchise Area without charge. The foregoing rights of the City to install and maintain such
wires are further subject to the following:
13.1.1 The City shall perform such installation and maintenance at its sole risk
and expense in accordance with all applicable laws and in accordance with such
reasonable terms and conditions as PSE may specify from time to time (including,
without limitation, requirements accommodating Facilities or the facilities of other parties
having the right to use the Facilities); and
13.1.2 PSE shall have no obligation under Section 5 in connection with any City-
owned wires installed or maintained on PSE's poles.
Section 14. Records of Installation.
14.1. To the extent such requests are in writing and are limited to Facilities at specific
locations within the Franchise Area, and to the extent such requests are made in connection with
the City's consideration or planning of capital improvement or transportation improvement
projects within the Franchise Area, PSE shall within thirty (30) days of its receipt of such request
provide to the City at its expense copies of available drawings in use by PSE showing the location
of such Facilities within the Franchise Area. As to any such drawings so provided, PSE does not
warrant the accuracy thereof and to the extent the location of Facilities are shown, such Facilities
are shown in their approximate location. Nothing herein is intended or shall be construed to
relieve either party of their respective obligations arising under applicable law with respect to
determining the location of utility facilities.
Section 15. Street Lighting.
15.1 PSE shall provide street lighting services as requested by the City in accordance with
applicable schedules and tariffs now on file or hereafter amended with the Washington Utilities
and Transportation Commission (or such other regulatory agency having jurisdiction).
Section 16. Participation in Emergency Preparedness.
16.1 PSE shall participate as requested with the City's emergency preparedness personnel
and others as designated by appropriate emergency planning organizations, including Jefferson
County, in advance planning of coordinated responses to emergencies, and planning for recovery
following emergencies. Periodically, and not less than annually, PSE shall provide information to
the City on PSE's planning efforts for emergencies and PSE's recovery plans following
emergencies. PSE shall comply with all applicable state, federal, and local law with respect to
security of its facilities and emergency preparedness.
Page 7 Ordinance 2820
Section 17. Franchise Fee.
17.1 The parties understand that the restrictions of RCW 35.21.860 forbid the imposition
of a franchise fee. If at any time the restrictions of this statute should be removed or modified, the
City may seek to amend this Franchise in accordance with Subsection 23.2 below.
Section 18.
18.1
by the City.
Prior Franchise Superceded.
This Franchise shall supercede all prior franchises granted to PSE or its predecessors
Section 19. Rights Granted.
19.1 No authorization granted under this Ordinance shall convey any right, title or
interest in the public ways, but shall be deemed an authorization only to use and occupy the
public ways in accordance with RCW 80.32.010. Further, this Ordinance shall not be construed as
any warranty of title.
Section 20. Repair and Emergency Work.
20.1 In the event of an unexpected repair or emergency within the Franchise Area for
which a permit has not been obtained in accordance with Port Townsend Municipal Code
(PTMC) 12.04.070, as now or hereafter amended and which such work is not otherwise within
the scope of the exemption authorized by PTMC 12.04.070 (F), PSE may commence such repair
and emergency response work as required under the circumstances, provided PSE shall notify the
City as promptly as possible, before such repair or emergency work commences or as soon
thereafter as possible if advance notice is not practicable.
Section 21. Maintenance of Facilities.
21.1 PSE shall maintain its Facilities within the Franchise Area in a manner that
complies with all applicable federal, state and local requirements.
Section 22. Coordination of Construction Activities.
22.1 To schedule and coordinate construction in the Franchise Area, PSE shall by
February 1 of each year provide the City with a schedule of its anticipated construction activities
in, around, or that may affect the Franchise Area; provided nothing herein shall limit or impair
PSE from taking such action as is necessary to discharge its public service obligations.
Section 23. Miscellaneous.
23.1 If any term, provision, condition or portion of this Franchise shall be held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this Franchise
which shall continue in full force and effect. The headings of sections and paragraphs of this
Franchise are for convenience of reference only and are not intended to restrict, affect or be of any
weight in the interpretation or construction of the provisions of such sections or paragraphs.
23.2 Except as provided in this paragraph 23.2, this Franchise may be amended only by
written instrument, signed by both parties, which specifically states that it is an amendment to this
Franchise and is approved and executed in accordance with the laws of the State of Washington.
Page 8 Ordinance 2820
Without limiting the generality of the foregoing, this Franchise (including, without limitation,
Section 5.1 above) shall govern and supersede and shall not be changed, modified, deleted, added
to, supplemented or otherwise amended by any permit, approval, license, agreement or other
document required by or obtained from the City in conjunction with the exercise (or failure to
exercise) by PSE of any and all rights, benefits, privileges, obligations or duties in and under this
Franchise, unless such permit, approval, license, agreement or other document specifically:
23.2.1 references this Franchise; and
23.2.2 states that it supersedes this Franchise to the extent it contains terms and
conditions which change, modify, delete, add to, supplement or otherwise amend the terms and
conditions of this Franchise.
In the event of any conflict or inconsistency between the provisions of this Franchise and the
provisions of any such permit, approval, license, agreement or other document, the provisions of
this Franchise shall control.
23.3 This Franchise is subject to the provisions of any applicable tariff now or hereafter
on file with the Washington Utilities and Transportation Commission or its successor, as
construed by any court with jurisdiction on appeal or otherwise. In the event of any conflict or
inconsistency between the provisions of this Franchise and such tariff, the provisions of such
tariff shall control.
23.4 As provided in RCW 35.21.860, the City may recover from PSE actual
administrative expenses incurred by the City that are directly related to: (i) receiving and
approving a permit, license or this Franchise, (ii) inspecting plans and construction, or (iii)
preparing a detailed statement pursuant to Chapter 43.21C RCW.
Section 24. Effective Date.
24.1 This Ordinance shall take effect as described by law having been: (i) introduced to
the City Council on October 21, 2002, more than five days before its passage on December 16,
2002; (ii) first submitted to the City Attorney prior to October 21, 2002; (iii) published at least
five days prior to the above-referenced effective date and as otherwise required by law; and (iv)
passed at a regular meeting of the City Council by at least five members on December 16, 2002.
Signed and approved by the Mayor on the ~(-~~-O'~'Jz', ~'-'~'7
sixteenth day ~f December 2002.
Kees Kolff, Mayo
Attest:
Pamela Kolacy,
Approved as to legal form:
Page 9 Ordinance 2820
STATE OF WASHINGTON )
COUNTY OF JEFFERSON )
) SS.
I, Pamela Kolacy, the duly qualified City Clerk of the City of Port Townsend, a municipal
corporation classified as a non-charter code city, situated in the County of Jefferson, State of
Washington, do hereby certify that the foregoing is a full, tree and correct copy of Ordinance No.
2820, an ordinance of the City of Port Townsend, entitled:
ORDINANCE NO. 2820
AN ORDINANCE granting Puget Sound Energy, Inc., a Washington corporation, its
successors and assigns, the right, privilege, authority and franchise to set, erect, construct,
support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate
and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes
of transmission, distribution and sale of energy for power, heat, light and any other purpose for
which energy can be used; and to charge and collect tolls, rates and compensation for such energy
and such uses.
WITNESS my hand and official seal of the City of Port Townsend, this ~
e9 ,200 .
Pafftela Kolacy, CMC; City CI~i~
City of Port Townsend, State of'Washington
day of
Page 10 Ordinance 2820
HONORABLE MAYOR AND CITY COUNCIL
CITY OF PORT TOWNSEND, WASHINGTON
In the matter of the application :
of Puget Sound Energy, Inc., a :
Washington corporation, for a :
franchise to construct, operate :
and maintain facilities in, upon, :
over under, along, across and :
through the franchise area of the :
City of Port Townsend, :
Washington :
Franchise Ordinance No. 2820
ACCEPTANCE
WHEREAS, the City Council of the City of Port Townsend, Washington, has granted a
franchise to Puget Sound Energy, Inc., a Washington corporation, its successors and assigns, by
enacting Ordinance No. 2820, bearing the date of December 16, 2002; and
WHEREAS, a copy of said Ordinance granting said franchise was received by the Puget
Sound Energy, Inc. on .~j,,~,l o m'4. q i3 ,2003, from said City of Port Townsend, Jefferson
County, Washington.
NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its
successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof,
and files this, its written acceptance, with the City of Port Townsend, Jefferson County,
Washington.
IN TESTIMONY WHEREOF said Puget Sound Energy, Inc. has caused this wr~en
Acceptance to be executed in its name by its undersigned 'D t 0~c_.n2)~ ~)$-r,-~ C..Pc-o._arrtca.IS
thereunto duly authorized on this I '1-"" day of .,J ^ ~ 0 fi-Z¥ ~, 2003.
['EST:
Copy receiv/ed for City of Port Townsend
on og//?,O./ ,2003
Pamelh Kotacy, CM~, City Clerk ~ ff--
Page I I Ordinance 2820