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HomeMy WebLinkAboutO-0429 - Franchise for gas company (Special),,0.,' ",;.--~',~,'.:...,,", ,=n t1 J:!iORDINANOENUMB"''''_-L- BE IT ORDAINED BY THE OOUNCIL OF THE TOWN OF MARYSVILLE: Section 1:The right is hereby granted to WASHINGTON NATURAL GAS OOMPANY,a Delaware corporation and a public~tiltty ~ell~g and distributing gas within the State of Washington,hereinafter referred to as the Grantee,to lay,const?11ct,extend,maint~in,re- pair,renew and replace gas pipes and gas mains and accessories un- der,along and/or across any and all streets,avenues,roads,al- leys,lanes and otherpu"blic places and ways in the Town of Marys- ville,Washington,and all territory hereafter lawfully annexed, and to use and occupy said streets,avenues,roads,alleys,lanes and other public places and ways for the purpose of therein laying, co~st?11cting,extending,maintaining,renewing,replacing and re- pairing mains and pipes and all apurtenances thereto and accessor- ies used and/or u.seful for the manufacture,transmission and sale and distribution of gas within and through the present or future territorial limits of the Town of Marysville,Washington,for the term of twenty-five (25)years from and after the effective date of the ordinance,except as hereinafter provided. S.ection 2:Rights'herein granted shall be subject to and gov- ernedbythis ordinance;prOVided,however,the Oouncil expressly reserves unto itself all its police power to adopt general ordin- ances necessary to protect the safety and welfare of the general public in relation to the rights hereby granted not inconsistent herewi th,but,wi thou t restricting or limiting any general taxing powers,no ordinance shall be passed requiring the Grantee to pay a license fee for or any tax upon the franchise hereby granted. Section 3:The location of all mains,laterals .andappurten- ances,their depth below the surface of the.ground·or grade of any such streets,avenues,roads,alleys,lanes and other public places and ways shall be determined and fixed by the Town Engineer,o~i' such engineer or engineers as the Mayor shall appoint;and before any work is done by the Grantee under this franchise,it shall first file With the Oouncil an application for a permit and obtain the approval of the Oouncil to do such work,accompanied by blue- prints showing the position and location of all such mains and/or laterals and meter boxes,valves,etc.,sought to be constructed, laid,installed or erected at that time and their relative positions to eXisting streets,avenues,roads,alleys,lanes and other public places or ways,and showing the location of local improvements such as side-walks,curbs,gutters and property lines,turnouts and park- ing s.trips on the ground sought to be occupied.. Section 4:The Grantee in such application shall specify the class and type of material to be used and the equipment to be used and the mode of safeguarding and facilitating public traffic dur- ing construction.All such material and equipment shall be first class and shall meet with the approval and pass all requirements of said Engineer,and the Grantee shall pay to the Town of Marysville, Washington,all costs of and expenses incurred in the eXl3Jllination, inspection and !!upervision of such work on account of the granting of said permit,including that work described in Section 3 hereof. \ ';<;'.':ii' ",,'- Section 5: The Grantee shall leave all streets,avenues, roads,alleys,lanes,public places and ways,after laying and installing mains and doing construction work,making repairs to equipment,ebe, ,in as good and safe condition in all respects as they were before the commencement of such work by the Grantee, its agents or contractors.In case of any damage to said streets, avenues,roads,alleys,lanes,public places and ways,or to pave- ment,turnouts,gutters,ditches,walks,drain pipes,rails, bridges,trestles,wharves,landings or any other public or private property by the Grantee,said Grantee shall immediately repair said damage at its sole cost and expense.The Council may at any time do, order and have done any ano.all work considered By the Council neces- sary to restore to a safe condition any such streets,avenues,roads, alleys,lanes,public places and ways,or pavement,turnouts,gutters, ditches,walks,drain pipes,rails,bridges,trestles,wharves,land- ings or any other public property left by the Grantee or its agents in a condition dangerous to life or property,and the Grantee,upon demand,shall pay to the Town of Marysville all costs of such construc- tion or repair and of doing such work. Before undertaking any of the work or improvements authorized by this franchise,the Grantee,its successor or assigns,shall, on request by the Town.of MarySVille,furnish a bond,executed by the Grantee and a corporate surety authorized to do a surety business in the State of Washington,in a sum 11;)be set and approved by the Street Superintendent as sufficient to insure performance of the Grantee's obligations under this franchise,conditioned that the Grantee shall well and truly keep and observe all of the covenants, terms and conditions and faithfully perform all of Grantee1s obli- gations under said franchise;shall correct or replace forthWith, on receipt of notice thereof,any defective work or materials used in the replacement of the surface of streets or property discovered Within a two-year period of the date of the replacement and accept- ance of such repaired streets by the City;and shall restore the streets or property to the condition in which they existed prior to any commencement of work thereon by the Grantee,where the change in condition was occasioned by the work being performed thereon by the Grantee,within the period of time specified by the Street Superintendent in the permit.issued for such work. X Section 6: The Grantee,by the acceptance of this franchise, hereby agrees for.itself,its successors and assigns,to protect and save harmless the Town.of Marysville from all claims,actions or damages of every kind and description which may accrue to or be suffered by any person or persons,corporation or property by reason of any faulty construction,defective material or equipment or maintenance,or by the improper occupation of said streets,ave- nues,roads,alleys,lanes,publicoI'private places and ways by the Grantee,or by reason of the negligent,improper or faulty manner of ~safeguarding any excavation,temporary turnouts or inefficient operation by the Grantee of its said pipelines as hereinQefore designated; and in case suit or action is brought against said Town of Marys- ville for damages arising out of or by reason of any of the above mentioned causes,the Grantee,its successors and assigns,Will, upon notice to it or them of the commencement of said action,de- fend the same at its or their sole cost and expense;and in case judgment shall be rendered against the Town of Marysville in such suit or action,the Grantee will fully satisfy said jUdgment within ninety (90)days after said suit or action shall have finally been determined,if determined adversely to the Town of Marysville,pro- Vided,the Grantee herein,its successors and assigns,shall have the right to employ its or their own.Counsel in any cause or action or be given the management of the defense thereof. -2- J;":' ,.,,:: e- Section 7:If at any time the Town of Marysville deems it advisable to improve any of its streets,avenues,roads,alleys, lanes,public places and ways by grading or regrading such streets, avenues,roads,alleys,lanes,public places and ways,or paving, altering,changing,repairing or reimproving the same,the Grantee, upon written notice by the Town of Marysville,shall,at its own expense,immediately so raise,lower or move its line of pipes to conform to such new grades as may be established,or place said pipes in such location or position as shall ca)1se the least inter- ference with any such improvements,and said Town of Marysville shall in nOWise be held liable for any damages to said Grantee that may occur by reason of such improvements,repairs or maintenance or by the exercise of any rights reserved in this grant.If the Town of Marysville shall improve such streets,avenues,roads,alleys, lanes,public places and ways,the Grantee shall~on written notice by the Town of Marysville,at its own expense,replace such pipe or pipes as may be in or through the improved grade of such improvement with pipe or pipes of such material as shall conform to the speci- fications for the improvement of such streets,avenues,roads,al- leys,lanes,public places and ways. Section 8:This grant shall not be exclusive and shall in no manner prohibit the Town of Marysville from granting other fran- chises of a like nature or franchises for other public or private utilities over,along,across,under and upon any of such streets, avenues,roads,alleys,lanes,public places and ways,and shall in nOWise prohibit or prevent the Town of Marysville from using any of said streets,avenues,roads,alleys,lanes,public plaQes and ways,with full power to make all necessary changes,relocations, repairs and maintenance as the Town of Marysville may deem fit. 8eetion 9:All of the provisions,conditions,regulations and reqUirements herein contained shall be binding upon the successors and assigns of the Grantee,and all privileges of the Grantee shall inure to its successors and assigns. Section 10:The Grantee,by its acceptance of this Ordinance and the franchise,.rights,priVileges and authority herein granted, covenants and agrees for itself,.its successors and assigns,to com- ply with and be bound by the terms of this Ordinance and to perform each of the covenants and conditions set fOJ:'th.The Grantee shall be deemed to have forfeited all of its rights,privilege$and fran- chises unless it shall,Within sixty (60)days after the passage of this ordinanee,file with the Town Clerk of the said Town of Marys- ville its written acceptance of the rights and privileges hereby conferred,and the obligations and conditions hereby imposed~If the Grantee,its successors or assigns,shall violate or fail to comply with any of the provisions of this franehise,then the .Oouncil of the Town of Marysville may forfeit all rights conferred hereunder+and this franchise be revoked or annu]ed by the Town of Marysville, .all Without recourse by the Grantee.- Section 11:The Grantee,its successors or assigns,shall com- mence construction work under this franchise within one year from and after its commencement of the distribution of natural gas in the King County area,and shall install a di~tribution line from Everett to Marysville and three miles of line within the corporate limits of Marysville by January 1,1958,the line from Everett to Marysville to be in accordance with the drawings now on file with the Town Olerk of Marysville;and prior to such construction the Grantee shall file a performance bond in such amount as will assure said Town of the proper completion of such construction by the Grantee. -3- ~ ~"""::(,'r;l... • , Mayor /,'Ld day of dJ~£;/ By -4- ••TIl8'"'_.~ "&,az;6 @.e$J ~erk ..._---- PASSED BY THE OOUNOIL this 1956. ;00 //}~LSIGNEDBYTHEMAYORthis/S day of U/"'C-~~j 1956. Section 12:No sale,lease or assignment of this franchise shall be effective until the assigns or lessee shall have filed in the office of the Town Olerk of the Town of Marysville an in- strument,duly executed,reciting the fact of the sale,lease or assignment and accepting the terms of this franchise and the special service agreement then being in effect,and agreeing to perform the conditions thereof required of the Grantee. Section 13:The Grantee shall bear all the expenses of the publication of this Ordinance.