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HomeMy WebLinkAbout1950-B-1112 85 ORDINANCE NO. B -111? AN ORDINANCE granting a nonexclusive franchise to Pacific Power & Light Company to occupy and use the streets, alleys, and public places within a designated area of the City of Yakima with mains, pipes, and other facilities for supplying steam and steam heat service, subject to the capacity limit- ations of available steam production and transmission facilities; providing for the payment to the City of compensation for the excercise of said franchise; granting the City the right to acquire such mains, pipes, and facilities upon payment of compensation to be determined as • provided in the ordinance, but reserving the City the power to acquire such property and facilities by condemantion; providing for the surrender and cancellation of the franchise; and specifying other limitations, terms, and conditions governing the obligation to provide service and the exercise of said franchise. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Pacific Power & Light Company, a corporation, hereinafter called the Grantee, is hereby granted a non - exclusive franchise to occupy and use the streets, alleys, and public places within the following designated area of the City with mains, pipes, and other facilities for supplying steam and steam heat service to the public, said area being bounded as follows: On the south by East Chestnut Avenue; On the west by Front Street; On the north by East "B" Street; On the east by Naches Avenue. Section 2. The Grantee may do such excavation and other work in and under any of such streets, alleys, and public places from time to time as may be necessary for the purpose of laying, maintaining, operating, and renewing its said steam and steam heat facilities, or any part thereof; but the Grantee shall replace, repair, and restore all such streets, alleys, and public places so disturbed by such work of the Grantee to as good condition as the same were in before the beginning of any such work, and in all respects in conformity with the ordinances and regulations of the City now or hereafter in force, provided that no change in the location of existing steam lines, or no construction of new lines shall be made by the Grantee without the prior approval of the City Commission.. The Grantee agrees to furnish current maps showing the location of its entire system of steam mains and_service connections to the City Engineer and to promptly mote thereon any changes or additions thereto. Any changes in location of the Grantee's steam lines or mains made necessary by reason of necessary changes in the City water mains, electric conduits or signal systems or similar facilities, shall be made at the expense of the Grantee. Section 3. The Grantee shall properly guard and protect any and all excavations made by it, in connection with the work referred to in Section 2 hereof, by warning lights, barriers, or such other means or devices as may be appropriate in each case; and the Grantee shall indemnity and save the City harmless from and against any and all claims for damage to person or property alleged to have been caused by any failure on the Grantee's part tb take and maintain such protective measures. In the event of any unreasonable delay on the part of the Grantee in making repairs or replacements to streets or alleys opened in connection with repairs or additions to its lines, the City shall have the right to make such repairs to streets or alleys and charge the cost thereof to the Grantee. Section 4. The Grantee shall have the right to tap and connect with any sewer in any street, alley, or public place occupied by any of the Grantee's said facilities for the purpose of draining moisture from the Grantee's said facilities into such sewer; but all such taps and connections shall be made in accordance with the ordinances and regulation s of the City now or hereafter applicable thereto, and in such manner as not to cause any injury or damage to any such sewer or any lose or expense to the City in connection therewith. Section 5. Due:to the limited facilities of the Grantee's steam supply system, it is expressly recognized that acceptance of this franchise by the Grantee shall not require the Grantee to provide steam or steam heat service to any premises not now receiving or under contr ?ct to receive such service shall be discontinued to any premises now receiving the same, or if the capacity of the Grantee's facilities shall be such at any time as to permit service to other premises with said designated area, the Grantee shall have the right to supply such service. Section 6. This ordinance, if enacted and accepted as herein provided, shall continue in effect until June 1, 1974; provided, however, that the Grantee may surrender this franchise and discontinue all further service hereunder as of June 1 in any year during the term hereof, upon two years' notice to the City of Yakima of the Grantee's intention so to do. Such notice shall be in writing, executed by a duly authorized officer of the Grantee, and shall be filed in the office of the City Clerk of the City of Yakima, not less than 24 months prior to the date of such proposed surrender and discontinuance.• Section 7. The Grantee shall pay to the City as fair compensation for the franchise hereby granted 2% of the gross earnings of the Grantee in connection with the operation of the system for which this franchise is granted for the previous calendar year. There shall be deducted from the amount of the said payments any amounts required to be paid by the Grantee to the City of Yakima as license, occupation, privilege or excise taxes "levied upon the Grantee's operations or business hereunder. Such annual compensation shall be paid to the City on or before karch 1st of each year, the first of such payments to be made on March 1, 1951. (Continued) r 86 • ORDINANCE NO. B -1112 • (Continued :from page Section 8. The Grantee, by its acceptance of this ordinance, expressly agrees that the City shall have the right at any time during the term of this franchise to acquire all of the steam and steam heat property and facilities of the Grantee situated within the area herein described, for a compensation to be determined by agreement or by condemnation in the manner provided by law. Upon the payment or lawful tender to the Grantee of the compensation so determined, the Grantee shall transfer and convey to the City all of the steam and steam heat property and facilities of the Grantee for which the compensation shall have so been agreed upon or determined; bit in the event of the failure of the City to pay or make lawful tender to the Grantee of such compensation within six months after final determination of the amount thereof, such determination and all proceedings incident to the making thereof shall become null and void, and shall cease to be binding upon either party. Nothing hereinabove set forth, however, shall be construed as any limitation upon or waiver of the City's right to acquire such property of the Grantee at any time by condemnation in the manner provided by law, if the City shall elect so to acquire such property. The Grantee expressly recognizeds and agrees, with respect to the acquisition by the City of the Grantee's steam and steam heat property and facilities within the City, whether the compensation to be paid therefor be determined by aggreement or by condemnation, that no compensation or value shall be allowed or taken into account for the unexpired term of the right_ and franchise granted by this ordinance. • Section 9. The franchise hereby granted may be revoked and forfeited by the City, by duly enacted ordinance thereof, in the event that the Grantee shall fail, after reasonable notice or demand, to.comply with any of the terms; conditions, or obligations imposed upon the Grantee hereunder. Section 10. The frachise hereby granted shall not be leased., assigned, or otherwise alienated, without the express consent Of the City Commission by ordinance. passed for the purpose, and no rule of estoppel shall ever be invoked against the City in case it shall assert the invalidity of any attempted transfer in violation of this section; but the consent of the City is hereby expressly given to the mort— gaging of said franchise, together with the steam and steam heat property and facilities of the Grantee within the City, under any presently.outstanding or future mortgage or mortgages given to secure any bonds or other bona fide indebtedness of the Grantee. Section 11. This ordinance shall be published once'in: the official newspaper of the City, in the manner provided by the charter of the City, and - shall be submitted to the vote of the electors of the City at the municipal general election to be held therein on the 14th day of March, 1950; and if this ordinance shall be approved by a majority of such electors voting on the question at said election, it shall constitute a valid and effective ordinance of the City of Yakima upon the terms specified herein. Section 12. This ordinance shall become null and void in the event that the Grantee shall fail t� file its written acceptance of the ordinance within sixty (60) days from and after the date of its approval at said election. Introduced before the City Commission on March 6th, 1950. . PASSED BY THE CITY COMMISSION on March 6th, 1950. Approved this 6th day of March, 1950. ATTEST: PEARL BENJAMIN (SEAL) N. K. BUCK City Clerk Mayor. I hereby certify that the foregoing is a full, true and correct copy of Ordinance No. B -1112, entitle, "AN ORDINANCE granting a nonexclusive franchise to Pacific Power & Light Company to occupy and use the streets, alleys, and public places within a designated area of the City of Yakima with mains, pipes, and other facilities for supplying steam and steam heat service, subject of the capacity limitations of available steam production and transmission facilities; providing for the payment of the City of compensation for the exercise of said franchise; granting the City the right to acquire such mains, pipes, and facilities upon payment of compensation. to be determined as provided in the ordinance, and specifying other limitations and conditions govern— ing the obligation to provide service and the exercise of said franchise," as passed on this 6th day'of March, 1950, and that same has been published as required by law. .de4A-/ I / • ER • 4