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HomeMy WebLinkAbout1955-B-1778 21_5 ORDINANCE NO. B -177$ AN ORDINANCE granting to Cascade Natural Gas Corporation, a Washington, corporation, its successors and assigns, a natural and /or artificial gas franchise and the right to construct, operate and maintain a gas plant and distribution system in the City of Yakima, Washington, prescribing the terms of such grant, and relating - thereto. BE IT ORDAINED BY THE CITY OF YAKIMA Section 1. Grant. That there is hereby granted by the City of Yakima, hereinafter referred to, as "the City", to Cascade Natural Gas Corporation, a. Washington corporation, its successors and assigns, hereinafter collectively referred to as the "grantee ", the right, privilege and franchise to construct, operate and maintain -in, through and along the present'and future streets of said City, and in, through and along the present and future alleys, parkways, public and other places of said City, mains, pipes, boxes, reducing and regu1ating. stations, laterals, conduits and.connec- tions, including service connections, together with all of the, necessary appurtenances, for the purpose of supplying gas for heat, power, light and other purposes, to said City and the persons and organizations therein, for the full term :of this franchise, subject, however, to the limitations herein set forth and provided. Section 2. Term. The rights, privileges and franchise hereby granted to and conferred upon the - Grantee shall, unless this franchise be sooner terminated as herein provided, extend for the full term ,of twenty -five (25) years from the date of the acceptance hereof by the Grantee, its successors or assigns: Section 3. Ordinance and Acceptance Constitute Contract. This ordinance and the written acceptance thereof by the Grantee shall constitute the contract between the City and the Grantee, and the same shall be binding upon and inure to the benefit of the successors and assigns of the Grantee under the limitations herein imposed. Section 4. Plant. The Grantee already has a gas making and distribution plant or system in said City of Yakima. As additions to the gas distribution system are made, the.Grantee.shall submit a map or blueprint of the location of its additional mains in the streets, alleys, parkways,and public places of said City of Yakima, which map or blueprint shall be submitted to and filed with the Clerk of said City or other designated official of said City, and such shall also apply to any material alteration of the present main system. in use. In respect of any such additions mains of suitablem size shall be laid in the alleys except where necessary to cross streets as determined by the Grantee and except where property abutting on the streets cannot be reached by parallel alleys or it is otherwise impractical, and this franchise shall cover natural and made -gas service, including by- product manufacture. Section 5. Laying Pipe. All additional mains of the Grantee shall be laid not less than two (2) feet below the surface of the streets and alleys of said City and shall be laid so as not to interfere with any city water main or branch thereof unless consented to by a proper city authority. All repairs and replacements entailed by the construction, operation and maintenance of said gas plant or system and enlarge- ments thereof shall be as provided in Section 6. If at any time a change in the grade or plan of any street or alley shall be duly made by•the proper city authority, the Grantee shall without expense to said City make such_change or changes in the location of its mains as may be necessary, which shall be promptly made upon written notice from the proper city authority in respect thereof. Section 6. Repairs and Replacements. All earth, materials, sidewalks, paving, c rossings or improvements of any kind disturbed, injured or removed by•the Grantee shall be fully repaired or replaced promptly by the Grantee, and the Grantee shall protect and save said City harmless from any loss or. damages thereon. Section 7. Excavations. Any excavations' by the Grantee in any of the, streets, alleys or public grounds within the limits of said City shall be done in accordance with the reasonable rules, regulations, resolutions and ordinances now enacted or to be enacted by the government of said City, relating to excavations in streets, alleys and public grounds of said City, and under the direction and super- vision of the official or officials of said City who, from time to time, may be invested with the supervision over the streets and alleys of said City. Section $. Grantee to Make Extensions and Install Service Devices. The. Grantee shall at all times during the term of this franchise instal an maintain, at its own expense, such service and regulating devices, exclusive of meters, as may be necessary for supplying service to the consumers, such requirement extending only to services to the curb line along the line of the main where the main is in the street and to the abutting property line where the main is in the alley. The Grantee shall make all reasonable extensions for supplying service to consumers who are inhabitants of said City. The same shall be made, supplied and furnished under such reasonable rules and regulations as•may be prescribed by the body or authority having jurisdiction thereover, in accordance with the provisions herein contained or referred to: Section 9. Quality and Pressure of Gas. The gas to be supplied to the consumers in said City under the terms and conditions hereof shall be merchantable gas and shall be supplied to the consumers' meters at such reasonable pressure as may be prescribed by the- regulatorybody having jurisdiction over such matters. Section 10. Rates and Conditions of Service. The rates to be charged and exacted, and the rules and regulations.in respect of the conditions, character, quality and standards of service to be furnished by the Grantee, and all such matters, shall be under the jurisdiction and control of such regulatory body, state or other- wise, as may from time to time be vested by law with the authority and jurisdiction thereover. Section 11. Meters. All gas sold and distributed by the Grantee shall be by meter measurement, on the property of, or at, or in the building of, the con- sumer served, and the Grantee, its agents, licensees or.employees, shall have the • PPP ii; ORDINANCE NO. B - 177$ right to read and inspect the gas meters at all reasonable times and to go on the pre- mises therefor. The Grantee shall furnish good and reliable meters for the consumers, and the terms and conditions of furnishing and testing thereof shall be as prescribed by the regulatory body having jurisdiction over such matters. Section 12. Grantee to Make Rules and Regulations. The Grantee, its successors and assigns may make such reasonable rules and regulations for the protection of its property, for the prevention of loss and waste, for safety purposes, for the conduct of business, and in respect of the sale or distribution of gas, as may be ad- visable and necessary from time -to time, all in accordance herewith and valid, appli- cable state laws, rules and regulations. . Section 13. Acquisition by City. Said City may acquire said public utility either by agreement or condemnation, and upon such purchase by the City, either by agreement or condemnation, no value of this franchise shall be taken into account in fixing the price to be paid by the City for such utility. Section 14. Compensation to City. The Grantee, its successors or assigns in consideration of the granting of this franchise shall pay to said City two (2) per- cent of the gross receipts from the sale of gas in said City, such payments to be made annually within sixty (60) days from the first of the year for the amount due on account of the preceding year, and the managing agent of the Grantee, its successors or assigns, shall make and furnish to the City within said period a sworn statement as to the amount of such gross receipts, and the City Treasurer or other person appointed by the City Commission shall be permitted to examine the books of the Grantee, its successors or assigns to determine or verify such amount. Section 15. Forfeiture of Franchise. In case of failure on part of the Grantee, its successors or assigns to comply with any of the provisions of this ordin- ance, or if the Grantee, its successors or assigns do or cause to be done any act or thing prohibited by or in violation of the terms of this ordinance, the Grantee, its successors or assigns shall forfeit all rights and privileges granted by this ordinance and all rights and privileges granted by this ordinance and all rights thereunder shall cease; provided that such forfeiture shall not occur or take effect until said City shall carry out the following proceedings and procedures: Before said City may proceed to forfeit said franchise as in this section provided, it shall first serve written notice upon the manager of the Grantee, its successors or assigns, as provided by law for the service of summons, and upon the trust °e or trustees under any mortgage or trust instruments, if any, filed or recorded in Yakima County, Washington, and any other representatives of investors, if any, of which there is a filing or record in such county, by mailing by registered mail to such trustee, trustrees, representative or representatives, if any, written notice, all such notices to set forth clearly and in detail the failure or violation complained of, and the Grantee, its successors or assigns shall have (90) days thereafter in which to comply with the conditions of this franchise. If such failure or violation continue beyond said ninety (90) days, the City may bring action in the Superior Court of the State of Washington in and for Yakima County, or any other court of competent jurisdiction, to forfeit such franchise, and if such court shall find, and such findings be sustained on appeal, if any, that the Grantee, its successors or assigns shall have failed in any material and substantial respect to comply with this ordinance, so that said City's rights have been materially and substantially affected thereby, or that the Grantee, its successors or assigns shall have done or caused to be done any act or thing pro- hibited by or inviolation of the .terms of this ordinance, so that said City's rights have been materially and substantially affected thereby, and that the ground or grounds of forfeiture set forth in the notice had not been cured at the time of commencement of suit, then the City shall have the right to have the court enter judgment declaring this franchise forfeited and assessing the costs of such action against the Grantee, its successors or assigns.. Provided, however, that any such failure, default or viola- tion shall not constitute ground for forfeiture if due materially, substantially and reasonably to act of God, fire,flood, storm, or other element or casualty, theft, war, disaster, strike, lockout, boycott, labor disturbance or disruption, governmental authority, allocations, rules or regulations, shortages of materials or labor, shipping or transportation shortages, prevailing war or war preparation induced conditions, or bona fide legal proceedings, beyond the control of the Grantee, its successors or assigns. Section 16. Remedies to Enforce Compliance. The City, in addition to its right to forfeit this ordinance and franchise, as provided in Section 15, reserves and has the right to pursue any remedy to compel or enforce the Grantee, its successors or assigns to comply with the terms hereof and furnish the service herein called for, and the pursuit of any right or remedy by the City shall not prevent the City from thereafte declaring a forfeiture for any reason herein stated, nor shall the delay of the City in declaring a forfeiture estop it from thereafter doing so, unless the action of the City shall have prevented, caused or contributed materially to the failure to perform or to do the act or thing complained of. Section 17. Assignment of Franchise. This franchise is non - exclusive, and the same shall not be leased, assigned or otherwise alienated without the express con- sent of the City Commission by ordinance passed for that purpose, and no rule of es- toppel shall ever be invoked against the City incase 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 mortgaging of said franchise.together with the gas utility 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 1$. Indemnity. The Grantee shall at all times indemnify the City for, and shall at all times keep and save harmless the City, from any and all claims, liabilities, judgments, costs, damages and expenses arising by reason of any act, omission, excavation, obstruction, erection, construction, maintenance or operation of any or all of the things herein mentioned. 2i ORDINANCE NO. B -177$ Section 19. Compliance with Ordinances. The Grantee shall comply during said term with all present and future statutes and regulations of the State of Washing- ton and ordinances of said City pertaining to the gas business and the operation and maintenance of gas facilities. Section 20. Saving Clause. If any clause, sentence or section of this ordinance be held void by any court, it shall not affect the balance .;.hereof. Section 21. Effective. This ordinance shall be published once in the official newspaper of the city and shall thereafter be submitted to a vote of the electors of the city at a special election to be held therein on the 28th day of December, 1955; and this ordinance shall become effective if approved by a majority of such electors voting on the question at said special election; provided that this ordinance shall be void and have no effect unless the grantee shall within thirty (30) days after said election file with the City Clerk a written acceptance thereof. PASSED BY THE'CITY COMMISSION, signed and approved this 9th day of November, 1955. ATTEST: PEARL BENJAMIN (.S E L) G. W. BURNS, City Clerk Mayor • I hereby certify that the foregoing is a full, true and correct copy of Ordinance No. B -1778 entitled "AN ORDINANCE granting to Cascade Natural Gas Corporation, a Washington corporation, its successors and assigns, a natural and /or artificial gas franchise and the right to construct, operate and maintain a gas plant and distribu- tion system in the City of Yakima, Washington, prescribing the 'terms of such grant, and'relating thereto." as passed on the 9th day of November, 1955, and that same has been published as required by law. C I T Y /clad •,‘ C L E R K January 5, 1956 • TO: THE CITY COMMISSION AND THE CITY CLERK OF THE CITY OF YAKIMA, WASHINGTON PLEASE TAKE NOTICE: That Cascade Natural Gas Corporation, a corporation, does hereby accept that certain ordinance and franchise passed and approved by the City Commission of the City of Yakima, Washington, on November 9, 1955, subject to the approval of the b electors of said city, and entitled Ordinance No. 177$, and approved y such electors on December 28, 1955. CASCADE NATURAL GAS CORPORATION BY Homer B. Splawn, Attorney •