1490_00001ORDINANCE No.1490
AN ORDINANCE GRANTING TO CASCADE NATURAL GAS CORPORA-
TION,A WASHINGTON CORPORATION,ITS SUCCESSORS AND
ASSIGNS,THE RIGHT AND PRIVILEGE TO USE AND OCCUPY THE
STREETS,AVENUES,LANES,ALLEYS,HIGHWAYS AND OTHER
PUBLIC PLACES OF THE CITY OF MOSES LAKE,STATE OF
WASHINGTON,FOR THE PURPOSE OF SUPPLYING,DISTRIBUTING
AND SELLING GAS TO THE INHABITANTS OF THE CITY,AND
ELSEWHERE;AND THE RIGHT AND PRIVILEGE OF CONSTRUCTING,
AND THEREAFTER MAINTAINING A GAS SYSTEM,MAINS,SERVICE
PIPES AND OTHER NECESSARY EQUIPMENT IN SAID CITY,FOR
THE DISTRIBUTION.0F GAS FOR FUEL,POWER,HEAT AND OTHER
PURPOSES.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE DOES ORDAIN AS FOLLOWS:
SECTION 1.Cascade Natural Gas Corporation,its successors and
assigns (hereafter designated as "Grantee"),is hereby granted the
right and privilege to construct,maintain-,use,own and operate a
gas system,within the corporate limits of said City of Moses
Lake,Washington (hereinafter designated as the "City"),as the
some now or may hereafter be extended,and to construct,lay,
maintain and operate along the streets,avenues,lanes,alleys,
highways and other public places in the City of Moses Lake,ca
system of mains,pipes and the necessary attachments and apparte-
nances for the storage,conveyance,distribution and sale of gas
for fuel,power,heat and other purposes in the City of Moses
Lake,Washington,and elsewhere.Such right and authority,per-
mission and power is hereby granted for a term of 25 years from
and after the date of the final acceptance of this Ordinance by
the Grantee.Upon termination of this franchise,all of the
Grantee's gas system of mains,pipes,attachments and appurte-
nances situated along the streets,avenues,lanes,alleys,high-
ways and other public places remain the properties of Grantee.
service to be rendered by the Grantee shall be such as shall be
prescribed by the Washington Utilities and Transportation Commis-
sion or other agency of said state having jurisdiction over said
matters under the laws thereof,
SECTION 3.The Grantee shall not lay its gas mains,pipes,ser-
Vices,attachments and appurtenances so as to interfere with or
obstruct the drainage of said City or the construction of sewers
or underground fixtures for the conveyance of water or the neces-
sary and proper use of said streets,avenues,lanes,alleys,high-0 ways,and other public places.The Grantee shall with reasonable
promptness restore the surface of said streets,avenues,lanes,
alleys,highways and public places in which it shall make excava-
tions to as good condition as they were before the commencement of
such work as near as practicable subject to the approval of the
City Engineer,and during the progress of such work,the Grantee
shall be responsible for keeping such streets and other places
guarded,in order to prevent accident to persons or property.The
Cityy upon 10 days'notice to the Grantee,may at any time do,or
order to have done any and all work that it considers necessary to
restore to a safe condition any such street,alley or other public
place left by the Grantee or its agents in a condition dangerous
to life or property,and Grantee upon demand,shall pay to t_he
City all costs of such work.In case of any future improvement or
construction of underground utilities or of any of the streets,
avenues,lanes,alleys,highways and public places in which any
gas mains,pipes,services,attachments,and appurtenances of the
Grantee may be situated,and it is necessary to change the loca-
tion of the same in connection with said improvement or construc-
tion,the Grantee shall,upon reasonable notice by the City and
after reasonable evaluation of alternatives by the City in cooper-
ation with the Grantee,at its own expense,move and change any
gas main,pipes,services,attachments or appurtenances to conform
to such public improvement.The City will avoid the need for such
moving or changing whenever possible.In the event FederaL state
or other financial assistance funds are available for utility dis-
placement or relocating expenses,the Grantor shall apply for auch
assistance funding on behalf of the Grantee,and further providing
that any such Federal,State or other utility displacement or
ORDINANCE1490 -7/9/91 -2 -
relocating assistance funds are actually obtained by the Grantor,
the Grantee will be reimbursed.The City agrees to notify the
Grantee in the event of all requests to vacate public rights of
ways,utility easements,and protect preserve and provide
Grantee's rights by retaining easements for its facilities located0withinpublicrightsofwaysbeingvacatedbyOrdinance.If
Grantee's facilities must be relocated from a vacated public right
of way,the petitioners of said vacation will bear the expense of
moving said facilities.
SECTION 4.Whenever the Grantee shall desire to excavate in any
street,alley or other public place for the purpose of laying gas
mains,pipes or other appurtenances,including service pipes,it
shall apply to said city for a permit,and shall not,during the
process of the work,unnecessarily obstruct the passage or proper
use of such street,alley or other public place,and shall file
with the City duplicate maps or prints showing the proposed and
final location thereof.Whenever possible,Grantee shall install
to the standard locations as specified by the City.
SECTION 5.This franchise is granted upon the express condition
that it shall not be deemed or held to be an exclusive franchise
and shall not in any manner prohibit the City from granting other
and future franchises over,upon and along any of said public
streets,avenues,alleys,highways,public or municipally owned
places.
SECTION 6.The franchise hereby granted shall not be leased,
assigned or otherwise alienated by the Grantee to any third party
without the express consent of the Citv by resolution passes for
that 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.Notwithstanding
anything to the contrary herein contained,permission is hereby
ORDINANCE1490/719-91 ~3 -
granted to mortgage this franchise,together with the gas utility
facilities and properties of the Grantee,within the City,to
secure any legal bond issue or other bona fide indebtedness of the
Grantee,and express consent is hereby given to the mortgaging and
assignment for security purposes of said franchise,facilities and
properties by the Grantee with no requirement that the Trustee
file any acceptance of this franchise and the liabilities and
obligations of said Trustees shall in any event be limited to the
properties and assets of the Grantee comprising the trust estate.
SECTION 7.If at any time the City is subjected to liability for
injury to persons or property growing out of the actions of the
Grantee,its agents,servants or employees,in connection with the
operations of the Grantee,the Gr.antee shall fully indemnify and -
hold the City harmless from and against all liability which may
accure to Grantor by reason of neglect,default or misconduct of
grantee in the construction,operation or maintenance of its
facilities hereunder,provided,however,that in case suit .be
instituted against the City,the City shall promptly notify the
Grantee of such suit,giving it ample and reasonable time to
defend the same.
SECTION 8.The Grantee herein agrees as part of the consideration
of this franchise to pay promptly any and all licenses and taxes
legally levied by the City.
SECTION 9.Grantee shall within thirty (30)days of the passage
of this Ordinance,file with the City Clerk its written acceptance
of all the terms and conditions of the ordinance,and if such
acceptance is not filed as herein provided,this ordinance shall-
be null and void and of no force or effect.
ORDINANCE1490 -7/9/91 -4 -
SECTION 10.If any section,subsection,sentence,clause or
phrases of this ordinance is for any reason held invalid or uncon-
stitutional by the decision of any court or regulatory body of
competent jurisdictions such decision shall not affect the valid-
ity of the remaining portions hereof.The Council hereby declares
that it would have passed this ordinance and each section,subsec-
tion,sentence,clause,and phrase hereof,irrespective of the
fact that any one or more sections,subsections,sentences,
clauses,or phrases be declared illegal,invalid or unconstitu-
tional.The invalidity of any portion of this ordinance shall not
abate,reduce or otherwise affect any consideration or other obli-
gation required of the Grantee.All ordinances and parts of
ordinances in conflict with the provisions of this ordinance are
-hereby repealed.
SECTION 11.That this ordinance shall be in full force and effect
upon the passage thereof by the City Council and approved by the
Mayor,and published as required by law.
Introduced and read at the Moses Lake City Council meeting
held June 25 ,1991.
Passed by the City Council this 9th day of July ,1991.
City Clerk
Appt ed as to form:
Vity Attor y
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