The URL can be used to link to this page

Home My WebLink About3013 Ordinance - Franchise Agr - Big Bend Electric Coop, Inc.ORDINANCE NO. 30/3 AN ORDINANCE granting a franchise to Big Bend Electric Cooperative, Inc , for the construction, operation and maintenance of electric facilities within the City of Pasco WHEREAS, Big Bend Electric Cooperative, Inc has applied for a franchise to locate, construct, operate and maintain poles, wires, underground cables and appurtenances over, under, along and across road rights of way and public properties herein mentioned for the purpose of transmitting and distributing electricity, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS. An ordinance granting a non-exclusive franchise to Big Bend Electric Cooperative Inc (hereinafter referred to as "Grantee"), a corporation organized under the laws of the State of Washington, to occupy and use the public rights of way, and upon approval, other public places in the City of Pasco (hereinafter referred to as "Grantor"), for the purpose of providing electrical utility service to the public for a term of twenty-five (25) years, subject to prior termination or amendment under certain conditions subjecting such franchise privilege at all times to regulation by state and local public authority and specifying other limitations, terms, and conditions governing the exercise of said franchise §1. Grant of Franchise A The purpose of this ordinance is to grant a franchise for the construction, operation, and maintenance of electric transmission and distribution facilities for the distribution of electrical power by Grantee within the City of Pasco, Washington The franchise shall not be construed to extend privileges beyond this grant It is an additional purpose of this franchise to set forth Grantee's responsibilities and obligations, accepted and agreed upon by Grantee, as reasonably related to the enjoyment of franchise privileges B The Grantee is hereby granted for a term of twenty-five (25) years from the date this ordinance becomes effective unless sooner abandoned, revoked, terminated, or amended under the provisions of §1 C, a franchise to establish, construct and maintain, extend and operate, over, along, across, and under the streets, avenues, alleys, bridges, and, upon specific approval, other public places and ways, hereinafter referred to as "franchised areas," within the corporate limits of the City of Pasco, facilities and equipment used or to be used for the purpose of an electric transmission and distribution system in said areas of the City of Pasco, including all poles, towers, underground conduits and lines, wires and cables, vaults and manholes for the installation, storage, operation, and maintenance of electrical equipment so used or to be used, also to erect, construct, maintain, operate, and use poles and wires for telecommunication purposes in the conduct of its electrical business This provision shall not be construed to waive any requirement of Grantee to obtain public or private easements or comply with other requirements of state or federal law C The grant of the franchise under this ordinance is non-exclusive The City expressly reserves the right to grant similar permission to others and the right of the City itself to engage in such business at any time D The City hereby reserves the right to amend this franchise ordinance to adjust to conditions created by significant technological innovations or advancements in the electrical transmission and distribution industry, following a determination by the City Council at a public hearing that such innovations or advancements are feasible and cost effective and affect, or may affect Grantee's exercise of the franchise rights granted by this ordinance Prior to any amendment of the franchise ordinance by the City under the authority of this section, Grantee and the City shall conduct negotiations and discussions on the best manner of making the necessary adjustments to the Grantee's franchise obligations §2. Grantee's Compliance with Laws. City's Reservation of Powers and Authority. A A condition of this franchise is Grantee's acceptance of the obligation to comply with all federal, state, or local laws or regulations applicable to the exercise of franchised functions or franchise obligations B By way of limitation of the foregoing and in addition, the City reserves all lawful powers and franchise authority This franchise is subject to exercise of such power and authority as the City may now or hereafter determine proper, whether by ordinance, resolution, or administrative orders C The authority reserved by the City shall relate, not by way of limitation, to the location of Grantee's facilities or other matters to the extent the same may affect municipal interests It shall include the right to curtail or exclude on a temporary or permanent basis a specific route or installation of Grantee's facilities because of inadequate space or other reasonable cause Ordinance No. .3 Page 2 of 12 D Whenever any City requirement or proposal shall be asserted to be prohibited or limited by any regulatory authority, whether because of pre- emption, conflict, inconsistency, or for any other reason, Grantee agrees, in good faith, to seek a modification thereof to accommodate the City or, where this is not possible, to cooperate with the City to make such adjustments in the relationship of the parties as may be possible The City, likewise, agrees to cooperate with Grantee in good faith so as not to unreasonably intrude into Grantee's business operations Grantee shall not rely upon this franchise or any prior City action or inaction as an estoppel or bar to invoke this provision §3. High Voltage Lines. The Grantee is hereby granted the right to place, maintain, and operate electric power lines in excess of fifty-five thousand (55,000) volts in the franchised areas, if any, when the Grantee shall file with the City a statement identifying the specific locations, with maps, and the City shall, by appropriate action, authorize the placing, maintenance and operation of said electric power lines Grantee shall provide the Public Works Director with any updated maps, plans or other information upon request For newly annexed areas, Grantee shall also advise the Public Works Director of any pre-existing installations, together with all appropriate information §4. Grantee's General Obligations. A The Grantee acknowledges that its franchise privileges involve utilization of a scarce public resource the area above, over, along, and below the public rights or way of the City This scarcity arises from current or projected space and use limitations on public rights of way and public property in franchised areas and the public and municipal accommodations to Grantee's enjoyment of this franchise The Public Works Director may determine, in the exercise of reasonable discretion, when and where reasonable accommodation shall be made by Grantee to the City for public needs or, where requested, other third party needs For items involving substantial cost or other burdens on the Grantee, the Grantee may request City Council review of the Public Works Director's decision B All of Grantee's property and facilities shall be constructed, operated, and maintained in good order and condition and in accordance with standard engineering practice The electrical portions of Grantee's systems, including standards and/or poles, will be in accordance with applicable portions of the National Electric Safety Code and the State of Washington Electrical Construction Code and other applicable industry standards, the latter as determined by the Grantee a Ordinance No30/3 Page 3 of 12 C The Grantee shall reserve for the City or its agent, without charge to the City, suitable space on the Grantee's poles to attach the City's communication cables or other attachments required for the City's purposes The City shall also be allowed to attach its vertical circuits on the Grantee's poles without charge, which circuits shall be suitably enclosed in a protective conduit D The Grantee shall allow the minimum separation required by the State of Washington Electrical Construction Code and the National Electric Safety Code and the Grantee's construction standards, if applicable, between the City's communication cables or other attachments and the Grantee's power conductors on the poles The City shall attach its communication cables so as to comply with the requirements of the State of Washington Electrical Construction Code E The minimum height of lines above the ground shall be in compliance with applicable provisions of the National Electrical Safety Code or Washington State Electrical Construction Code F The City shall string, maintain, and operate its communications cable at its own expense, risk, and responsibility and in accordance with all applicable laws and regulations and standard engineering practice in such manner as not to impose any needless additional expense upon the Grantee Any such communications cable of the City shall be subject to interference by the Grantee only upon advance written notice and permission by the Public Works Director and only when necessary for the maintenance, operation, or repair of the Grantee's own facilities, wires, and appurtenances §5. Grantee's Obligations Re: Relocation of Facilities. The City reserves the right, at Grantee's sole expense and liability, at all times to require the relocation (including relocation of overhead distribution power lines to below the surface), modification, or reconstruction of any vault, poles, power lines, and/or other physical facilities installed by the Grantee, its successors, assigns, or permittees, whether under or above the surface of any public right of way, public property, or other franchised area, whenever, in the judgment of the City, such facilities interfere with the City's use of its property or the public right-of-way for public roadway or other municipal purpose or poses a danger to the City property or to the public Any such direction for the relocation, modification, or reconstruction of such facilities from the City to the Grantee shall be reviewed at the Grantee's request by the Pasco City Council in public hearing The City and the Grantee may establish a mutually agreed upon schedule to relocate facilities on an annual basis to allow for adequate planning and scheduling of projects 1 Ordinance No.-3013 Page 4 of 12 In either event the relocation of facilities shall be reviewed at the Grantee's request by the City Council in a public meeting §6. Undergrounding and Electric Power Lines - General Requirements. A Grantee is required to place electric power lines carrying less than fifty- five thousand (55,000) volts underground, except when demand requires extension of electric distribution lines a distance greater than one-eighth (1/8) mile from existing lines Said demand may be served using overhead distribution equipment and lines, provided The ending one-eighth mile portion of an overhead distribution line must be relocated when a Demand for a new service line requires connection to the ending portion of said overhead distribution line, or, b 50% of the acreage and/or development _which can reasonably be serviced by said overhead distribution line is receiving underground electric service, or, c The City and Grantee may prepare a mutually agreed upon plan and/or schedule for the relocation of facilities underground not specifically defined in a and b of this section or when grantor exercises its right under §5 of this agreement No overhead secondary service line shall deliver power to a permanent electric power customer meter, subject to the requirements of this franchise For the purpose of carrying into effect the requirements granted hereunder, Grantee is authorized at any time to make all necessary excavations in the streets, alleys, roads, rights of way and public grounds within the franchised area, provided Grantee follows "call before you dig" procedures Such excavation shall be carried out with reasonable dispatch and with as little interference with or inconvenience to the rights of the public as may be feasible Grantee shall restore all streets, alleys, roads, rights of way and public grounds in as good and safe condition in all respects as before the commencement of such work Once a paved surface in any franchised area has been cut by the Grantee, it shall be properly maintained in good condition and repair by Grantee for a period of five (5) years or until such time as the area is resurfaced or reconstructed by the City B In case any obstruction caused by Grantee shall remain longer than seven (7) days after notice to remove it, or in case of neglect by Grantee to safeguard any dangerous places, Grantor may remove such obstruction or safeguard such dangerous places at the expense of Grantee §7. Grantee's Obligations: Grantee's Obligations of Non -Obstruction. A The Grantee, in the exercise of the rights herein granted, shall erect poles string wires, and build conduits in such a manner as to not unreasonably interfere with other uses of franchised areas This obligation Ordinance No.3 0)3 Page 5 of 12 shall not permit unreasonable interference with Grantee's installations by other City permittees or franchisees B It remains the responsibility of the Grantee to anticipate and avoid duplicating service, facilities, installation, or conflicts with other electric power franchises or other utilities, franchisees, or permittees The City assumes no responsibility for such conflicts or errors C All construction, installation, repair or relocation of lines and appurtenances performed by Grantee along or under the roads, rights of way or properties subject to this franchise shall be done in such a manner as not to interfere with the construction and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures located therein, nor with the upgrading or improvement of such roads, rights of way or other public property subject to this franchise §8. Necessary Construction Maintenance by Grantor. The laying, construction, operation and maintenance of Grantee's lines and appurtenances authorized by this franchise shall not preclude the Grantor its agents or its contractors, from blasting, grading, excavating, or doing other necessary road work contiguous to the said lines and facilities of Grantee, provided that Grantor shall inform Grantee of such activity using "call before you dig" procedures §9 Emergency Removal by Grantor. The Grantor reserves the right to remove any such wires, poles, or apparatus ("Grantee's facilities") herein provided for in case of general conflagration or in other cases of extreme emergency where there is neither the time nor the opportunity for Grantee to perform such work Grantor shall use reasonable care in the exercise of such emergency powers Grantor shall indemnify and hold harmless the Grantee, its successors and assigns, against any and all property damage, personal injury, death, or other liability to third parties sustained as a result of the negligent exercise of such reserved emergency powers, and shall, at its expense, restore Grantee's facilities removed as a result of such exercise §10. Additional Specific Grants of Authority. A The grant of this franchise specifically includes the permission by the City and acceptance of a reciprocal obligation by the Grantee to trim or otherwise remove any overhanging or interfering tree, shrub, bush, or other obstruction interfering with the Grantee's facilities Grantee shall obtain necessary City permits for activities subject to its authority and conduct such Ordinance No.i0/3 Page 6 of 12 tree trimming activities in coordination with the Public Works Department Grantee shall be fully responsible for any property damage or bodily injury claims arising from this section as provided in §24 B Grantee further agrees to temporarily raise or lower its wiring for purposes of building moving or other temporary purposes approved by the City Where this request is made by an entity other than the City, Grantee may assess a reasonable charge therefore, including demand for payment or deposit in advance §11. Grantee's Obligations Re: Reasonable Service and Rates. A The electric service to be furnished by Grantee to the public and the City hereunder and all rates and charges therefore and all regulations, policies, and conduct of the Grantee applicable thereto shall at all times be fair and reasonable and be subject to all rules, regulations, and orders that may be lawfully prescribed by the regulatory body of the State of Washington having Jurisdiction thereof B Whenever Grantee shall seek any rate adjustment or otherwise apply to the state regulatory body for any change or modification in its rates or services to the City, it shall transmit to the Mayor any documents to be filed with said agency in support thereof and any other reasonable information requested by the City Manager §12. Grantee's Obligations Re: Taxation, Fees, and Financial Reporting. A The parties understand that the restrictions of RCW 35 21 860 forbid the imposition of a franchise fee If, at some time, the restrictions of this statute should be removed, the Grantee and City may negotiate a fair and reasonable franchise fee B This section and any franchise fee or tax, which might now or thereafter be assessed, shall not be deemed to be assessed or charged in lieu of any other lawful charge or actual administrative expense or any other source of municipal authority to receive payments in contract or law No definition, policy, or practice of the Grantee, the WUTC, or any other third party or agency shall bind the City in computation or assessment of any fee, tax, cost, or interpretation of this franchise C The City reserves the right to impose financial reporting and public information requirements and designate the time and manner of payment of all fees or taxes owed by the Grantee Ordinance No.3 0/3 Page 7 of 12 §13. Rights of Ingress/Egress. The grantee, its agents and employees shall have the right and power of ingress and egress upon its customers' properties for the purpose of installing, servicing and maintaining its facilities, including the testing and reading of service meters §14. Vacation of Properties by Grantor. If, at any time the Grantor shall vacate any road, right of way or other public property which is subject to rights granted by this franchise, such vacation shall be subject to the granting of a perpetual easement in favor of Grantee, its successors and assigns, for overhead and underground transmission and distribution lines and installations in place at the time of vacation and for the purpose of operating and maintaining such facilities, except that all rights and privileges of the Grantor as defined in this agreement, shall remain in force Such vacation shall, by its terms, expressly prohibit any use of the vacated properties which will interfere with Grantee's full enjoyment of rights under said easement §15. Preservation of Grantor's Rights to Control. The Grantor, in granting this franchise, does not waive any rights which it may now have or may hereafter acquire with respect to road rights of way or other property of Grantor under this franchise, and this franchise shall not be construed to deprive the Grantor of any such powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the Grantor's roads, rights of way and other public property covered by this franchise §16. Franchise Administration. A Except where otherwise specified, the general administration of this franchise for the City is under the authority of the Public Works Director He may promulgate reasonable administrative rules consistent herewith, interpret provisions, resolve conflicts, and develop procedures needed to implement and enforce the franchise provisions He may grant exceptions or impose additional requirements in particular circumstances in the exercise of reasonable discretion He may issue compliance orders with a compliance schedule and terms thereof, with or without notice, and failure to adhere to the terms thereof shall be a violation of this franchise He must give reasonable notice to Grantee and provide an opportunity for the Grantee to respond to any order or requirements, except in case of emergency or danger to the public health and safety Grantee reserves the right to request the City Council to review or clarify any action taken by the Public Works Director in Ordinance No.3013 Page 8 of 12 the administration of this franchise For the performance of all franchise obligation, time is of the essence B All City acts undertaken pursuant to this franchise shall be deemed discretionary, guided by the purpose and considerations of the public health, safety, aesthetics, and convenience C Any waiver by the City of any specific provision of this franchise in any particular circumstances must be in writing and signed by the Public Works Director Such waiver shall not comprise a franchise amendment and shall be effective only for such time or circumstances specified and until rescinded or modified No action, inaction, or interpretation of the requirements of the franchise by the City shall otherwise waive or estop municipal power or authority, whether or not specifically reserved herein §17. City's Authority Re: Revocation or Forfeiture of Franchise. A The franchise hereby granted may be revoked by the City Council by duly enacted ordinance in the event the Grantee or any lessee or other user shall fail after reasonable notice of demand to comply with any of the terms, conditions or obligations imposed upon the Grantee hereunder, but the City shall have no obligation to do so No forbearance by the City shall comprise a waiver of the City's right to enforce any provision of this franchise B Upon lawful revocation or expiration of the terms of this franchise and if no renewal or extension thereof is granted, Grantee may, at the discretion of the City Council, be required, in part or entirely, to remove all its wires, poles, fixtures, conduits, and other facilities or equipment installed or used in the enjoyment of the franchise or the removal, sale, or use of such facilities and equipment may be directed, limited, or conditioned by the City by agreement or through means of any other lawful municipal power or right The City may continue to invoke any or all provisions of this franchise against Grantee or any successor entity enjoying de facto franchise privileges after revocation or expiration The City may take all other actions deemed necessary and proper by the City to accommodate the transition and to any successor as may be in the best interest of the City and its residents §18. Expansion of Grantee's Facilities. Any facilities and appurtenances in streets, alleys, public rights of way and public places, incidental to the franchise system, that have been, or are at any future time acquired, leased, or utilized in any manner by Grantee are thereupon to be deemed authorized by and shall be subject to all provisions of this franchise Ordinance No..50/3 Page 9 of 12 §19. Change of Boundaries of Grantor. Any subsequent additions or modifications of the boundaries of the Grantor, whether by annexation, consolidation or otherwise, shall be subject to the provisions of this franchise as to all such areas, provided said area is not already serviced by another franchisee Grantor shall notify Grantee of the precise scope of any change of boundaries not less than sixty (60) days prior to such change becoming effective §20. Prior Franchise Superseded. This franchise shall update and supersede all prior franchises heretofore granted to Big Bend Electric Cooperative, Inc or its predecessors, by Grantor or its predecessors, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by this franchise §21. Prohibition on Transfer of Franchise Rights. The franchise hereby granted shall not be sold, leased, assigned, or otherwise alienated without the express consent of the City, expressed by ordinance of the City Council passed for that purpose, and no rule of estoppel shall be invoked against the City in case it shall assert the invalidity of any attempted transfer in violation of this section Such consent shall not be unreasonably withheld The consent of the City is hereby expressly given to the mortgaging of the electric 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, and the purchase at any foreclosure sale, may operate the properties under this franchise upon complying with the applicable provisions of the City charter, ordinances, regulations and this franchise The City reserves the right to invoke any or all provisions of this franchise upon the Grantee's successors, assigns, judgment creditors, or distributees of facilities or property used in enjoyment of privileges conferred herein, whether or not stated elsewhere, all without waiver of the right to withhold consent not expressly given of any such transfer and/or require a new franchise §22. Effect of Invalidity. The franchise is granted pursuant to the laws of the State of Washington relating to the granting of such rights and privileges by Grantor If any article, section, sentence, clause, or phrase of this ordinance is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the ordinance or any of the remaining portions The invalidity of Ordinance No39/ 1 Page 10 of 12 any portion of this ordinance shall not abate, reduce, or otherwise affect any obligation required of Grantee §23. Franchise Ordinance as Contract. This ordinance shall have the effect of and shall be a contract between Grantor and Grantee and shall be the measure of the rights and liabilities of the Grantor as well as of Grantee §24. Hold Harmless. A The Grantee shall at all times fully defend, indemnify, and hold the City, its agencies, boards, officers, agents, and employees harmless from any and all claims, accidents, losses, or liabilities (including those relating to the placement of Grantee's facilities insofar as the same may affect the surrounding environment), arising from or by reason of any intentional or negligent act, occurrence, or omission of the Grantee, singularly or jointly with others, its representatives, permittees, or employees in the construction, operation, use, or maintenance of any of the Grantee's electric utility property or facilities and/or enjoyment of any privileges granted by this franchise or because of Grantee's performance of franchise obligations Such indemnity shall include costs of negotiation or defense, any other costs incurred, and reasonable attorney's fees B Grantee shall not be responsible for damages determined to arise out the City's sole negligence or, in the case where damages are determined to arise out of the concurrent negligence of the parties, Grantee's liability shall extend to damages determined to arise beyond the extend of Grantee's concurrent negligence only so far as permitted by law C It is not the intent of this franchise to acknowledge, create, imply, or expand any duty or liability of the City with respect to its role as franchising authority in the exercise of its police power or for any other purpose Any City duty, nonetheless deemed created, shall be a duty to the general public and not to any specific party, group, or entity §25. Abandonment of Franchise. Grantee may at any time abandon the rights and authorities granted hereunder, provided that twelve (12) months written notice of intention to abandon is given to Grantor Ordinance No.8015 Page 11 of 12 FELICE Ci orney APPR4 VED • A Adak Ammo;STELLO §26. Acceptance of Franchise. Grantee shall notify Grantor in writing of its acceptance of this franchise within thirty (30) days of the approval of this franchise by Grantor §27. Except as hereby modified, this ordinance shall remain in full force and effect as enacted §28. All ordinances and parts of ordinances in conflict herewith are repealed §29. This ordinance shall be in full force effect five (5) days after passage and publication ,PcAssed by the City Council of the City of Pasco, at its regular meeting this 2 d ay of May, 1994 City of Pasco: ATTEST. iter,CZAT e RINE D SEA AN 1/k „,Depu I 'V City Clerk BIG BEND ELECTRIC COOPERATIVE, INC.: GARY GALBREATH Board President Ordinance No.,30/_3 Page 12 of 12 lir 6 • I E 4iya LICE # or Ci orney APP,VED A /Pik ANKIIIN • sGU; STELLO ED SEA City Clerk NNETH STORY §26 Acceptance of Franchise Grantee shall notify Grantor in writing of its acceptance of this franchise within thirty (30) days of the approval of this franchise by Grantor §27. Except as hereby modified, this ordinance shall remain in full force and effect as enacted §28. All ordinances and parts of ordinances in conflict herewith are repealed §29. This ordinance shall be in full force effect five (5) days after passage and publication Passed by the City Council of the City of Pasco, at its regular meeting this _24 day of May, 1994 City of Pasco. ATTEST: BIG BEND ELECTRIC COOPERATIVE, INC: Board President Ordinance No 30/3 Page 12 of 12 < TRANSACTION REPORT > 05-04-1994(WED) 08 SO C -T- R A NI S r-1 I -I- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 3379 5-04 08 39 15095821453 20 0°10 36 NORM E OK 20 0°10 36 to,\4 °E31- (14Zee Note public in and_Ar c hne SttA of Wash- ington, residing at r f—U:3 COMMISSION EXPIRES /1;--- t. P 0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 1E2AL AOVEGTY00002 INVOICE SOLD TO FASCO, CITY OF LEGALS P.O. BOX 29: FASCO WA 99701 DATE eEGALNO W-37"7 ACCOUNT NO DESCRIPTION 8:7 ORDINANCE NO, 7017 A TIMES 001 INCHES MITAI 1,016.73 IMOTIICE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment LIFF8DAMI OF PUSIMUZA711005 COUNTY OF BENTON SS STATE OF WASHINGTON CARLA ALFORD , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a 877 arkD I NANCE NO . 3013 A as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, 1 time(s), commencing on (-)5 /(-)C I 314 , and ending on 05/03/9z4 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS / 2--- DAY OF itAa.tj ig/At- >ser Washing of May 1994 ard 14 OF lEARING NOTICE that as filed a peti :city of Pasco nmission re coning from C ness) to R 2 ty Residential) ng descnbed Block 6 Pet- drtion xi Southwest Avenue and et LET ALL TAKE NO ..11)Itc Hearing the Planning if the City of igton in the ambers Pas- t the hour of sday May 19 II concerned d present any Jpport for the ige of zone or additional pase contact Planner at onald ing ;ton :OF ARING NOTICE that Isco has filed le City Plan- n requesting b establish a )ri the follow- verty Ind a portion 2 Block 23 in 627 West I LET ALL (TAKE NO- DiIC Hearing he Planning the City of gton in the Fibers Pas- the hour of Jay May 19 concerned present any )port for the I permit Information Pasco City 141 paid ig )n F kRING OTICE that on with the ommission cml pe the T an ; B It remains the responsibili ty of the Grantee to anticipate and avoid duplicating service facilities installation or con- flicts with other electnc power franchises or other utilities franchisees or permittees The City assumes no respon sibility for such conflicts or er rors C All construction installs lion repair or relocation of lines and appurtenances per formed by Grantee along or under the roads nghts of way or properties subject to this franchise shall be done in such a manner as not to inter fere with the construction and maintenance of other utilities public or private drains drainage ditches and struc- tures irngation ditches and structures located therein nor with the upgrading or im- provement of such roads nghts of way or other public property subject to this f ran- chise §8 Necessary Construc- tion Maintenance by Grantor The laying construction op- eration and maintenance of Grantee s lines and appurte nances authonzed by this franchise shall not preclude the Grantor its agents or its contractors from blasting grading excavating or doing other necessary road work contiguous to the said lines and facilities of Grantee pro- vided that Grantor shall in form Grantee of such activity using call before you dig procedures §9 Emergency Removal by Grantor The Grantor reserves the nght to remove any such wires poles or apparatus ( Grantee s facilities ) herein provided for in case of gener al conflagration or in other cases of extreme emergency where there is neither the time nor the opportunity for Grantee to perform such work Grantor shall use rea- sonable care in the exercise of such emergency powers Grantor shall indemnify and hold harmless the Grantee its successors and assigns against any and all property damage personal injury death or other liability to third parties sustained as a result of the negligent exercise of such reserved emergency powers and shall at its ex- pense restore Grantee s fa- cilities removed as a result of such exercise §10 Additional Specific Grants of Authority A The grant of this franchise specifically includes the per mission by the City and ac- ceptance of a reciprocal oblig ation by the Grantee to tnm or otherwise remove any over- hanging or interfenng tree shrub bush or other obstruc- tion interfenng with the Grantee s facilities Grantee shall obtain necessary City permits for activities subject to its authority and conduct such tree tnmming activities in co- ordination with the Public Works Department Grantee shall be fully responsible for any property damage or bod ily injury claims arising from this section as provided in §24 B Grantee further agrees to temporarily raise or lower its wiring for purposes ob build ing moving or other tempo rary purposes approved by the City Where this request is made by an entity other that the City Grantee may assess a reasonable charge there- fore including demand for payment or deposit in ad- vance §11 Grantee s Obligations Re Reasonable Service and Rates A The electnc service to be furnished by Grantee to the public and the City hereunder and all rates and charges therefore and all regulations policies and conduct of the Grantee applicable thereto shall at al times be fair and reasonable and t,e subject to Any persons naving interest` in this matter are invited to at tend and be heard Copies n11 the Plah.ning Staff Report and Recommenda bon will be available for review in the Richland Planning and Inspection Division Office 925 George Washington Way and at the Richland Public Library starting Fnday May 13 1994 -s- Jeff Rolph Secretary Richland Board of Adjustment #823 5/8/94 OFFICIAL CALL FOR BIDS 1994 Guardrail Projects Sealed bids will be received at the Walla Walla County Commissioner's office in the County Courthouse 315 West Main Street Walla Wal- la Washington 99362 until 2 00 P M on Monday May 16 1994 and will then and there be opened and publicly read for the construction of the improvement(s) All bid proposals shall be ac- companied by a bid proposal deposit in cash certified check cashier's check or surety bond in an amount equal to five percent (5%) of the amount of such bid pro posal Should the successful bidder fail to enter into such contract and furnish satisfac tory performance bond within the time stated in the specifi cations the bid proposal de posit shall be forfeited to the Walla Walla County Depart- ment of Public Works Information copies of maps plans and specifications are on file for inspection at the Walla Walla County Depart ment of Public Works The following is applicable to federal aid projects Walla Walla County is accordance with Title VI of the Civil Rights Act of 1964 78 Stat 252 42 U S C 2000d to 2000-4 and Title 49 Code of Federal Regulations Department of Transportation subtitle A Of- fice of the Secretary Part 21 nondiscnmination in federally assisted programs of the De- partment of Transportation is- sued pursuant to such Act hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertise- ment minonty business en- terpnses will be afforded full opportunity to submit bids in response to this invitation and will not be discnminated against on the grounds of race color or national ongin in consideration for an award Questions concerning this project should be directed to Mr Rob Weberg at (509) 527 3241 Complete bidding information and specifications are available on request upon payment of a non refundable fee of $20 00 from the Direc- tor of Public Works Office 3rd and Boeing greets - Airport P 0 Box 813 Walla Walla Washington 99362 Tele- phone (509) 527-3241 Office Hours - Monday through Thursday - 7 00 am to 530 pm The improvement for which bids will be received is de- scnbed below This contract provides for the guardrail repair at Ed Kelly Bndge and Munns Bndge on Harvey Shaw Road Whet- stone Bndge on Smith Spnngs Road and guardrail repair and roadway improve- ment at Kems Bndge on Cot- tonwood Road and complete guardrail installation on sec- tions of Bymes Road Touchet North Road and Har- vey Shaw Road whe ed on the attached v ap Bid must be s nd plain ly marked ALED BID 1994 DRAIL PRO JEC e Board of Walla Walla unty Commissioners s Steven H Stanton P E Director of Public Works 11774 5/1.8/94 ORDINANCE NO 3013 undiarthe streefs avenues alleys bndges and upon specific approval other public places and ways hereinafter referred to as 'franchised ar- eas within the corporate lim- its of the City of Pasco facili- ties and equipment used or to be used for the purpose of an electnc transmission and dis- tnbution system in said areas of the City of Pasco including all poles towers under ground conduits and lines wires and cables vaults and manholes for the installation storage operation and main tenance of electrical equip- ment so used or to be used also to erect construct main tam operate and use poles and wires fortelecommunica bon purposes In the conduct of its electncal business This provision shall not be con strued to waive any require ment of Grantee to obtain public or pnvate easements or comply with other require ments of state or federal law C The grant of the franchise under this ordinance is non exclusive The City expressly reserves the right to grant similar permission to others and the nght of the City itself to engage in such business at any time D The City hereby reserves the nght to amend this f ran chise ordinance to adjust to conditions created by signifi cant technological innova- tions or advancements in the electncal transmission and distnbution industry following a determination by the City Council at a public hearing that such innovations or ad- vancements are feasible and cost effective and affect or may affect Grantee exercise of the franchise nghts granted by this ordinance Pnor to any amendment of the franchise ordinance by the City under the authonty of this section Grantee and the City shall conduct negotiations and dis- cussions on the best manner of making the necessary ad justments to the Grantee s franchise obligations §2 Grantee s Compliance with Laws City s Reserva- tion of Powers and Author- ity A A condition of this franchise is Grantee s acceptance of the obligation to comply with all federal state or local laws or regulations applicable to the exercise of franchised functions or franchise obliga- tions B By way of limitation of the foregoing and in addition the City reserves all lawful pow- ers and franchise authonty This franchise is subject to ex erase of such power and au- thonty as the City may now or hereafter determine proper whether by ordinance resolu tion or administrative orders C The authonty reserved by the City shall relate not by way of limitation to the loca- tion of Grantee s facilities or other matters to the extent the same may affect municipal in terest It shall include the nght to curtail or exclude on a tern porary or permanent basis a specific route or installation of Grantee s facilities because of inadequate space or other reasonable cause D Whenever any City Re- quirement or proposal shall be asserted to be prohibited or limited by any regulatory authonty whether because of pre-emption conflict incon- sistency or for any other rea- son Grantee agrees in good faith to seek a modification thereof to accommodate the City or where this is not pos- sible to cooperate with the City to make such adjust- ments in the relationship of the parties as may be possi- ble The City likewise agrees to cooperate with Grantee in good faith so as not to unrea- sonably intrude into Grantee s business opera- tions Grantee shall not rely upon this franchise or any pn- or Crty action or inaction as an estoppel or bar to invoke this °Fi-:drration r othelGe tachments required for the City s purposes The City shall also be allowed to ebach its vertical circuits on the Grantee s poles without charge which circuits shall be suitably enclosed in the pro- tective conduit D The Grantee shall allow the minimum separation re- quired by the State of Wash- ington Electncal Construction Code and the National Elec tnc Safety Code and the Grantee s construction stan dards if applicable between the City s communication ca bles or other attachments and the Grantee s power conduc tors on the poles The City shall attach its communica tion cables so as to comply with the requirements of the State of Washington Electn cal Construction Code E The minimum height of lines above the ground shall be in compliance with applic- able provisions of the Nation- al Electncal Safety Code or Washington State Electncal Construction Code F The City shall stnng main- tain and operate its commu- nications cable at its own ex- pense nsk and responsibility and in accordance with all ap- plicable laws and regulations and standard engineering practice in such manner as not to impose any needless additional expense upon the Grantee Any such communi- cations cable of the City shall be subject to interference by the Grantee only upon ad- vance written notice and per- mission by the Public Works Director and only when nec essary for the maintenance operation or repair of the Grantee s own facilities wires and appurtenances §5 Grantee s Obligations Re Relocation of Facilities The City reserves the nght at Grantee s sole expense and liability at all times to require the relocation (including relo- cation of overhead distribu- tion power lines to below the surface) modification or re- construction of any vault poles power lines and/or other physical facilities in- stalled by the Grantee as successor assigns or per- mittees whether under or above the surface of any pub- lic nght of way public proper- ty or other franchised area whenever in the judgment of the City such facilities inter fere with the City s use of its property or the public nght of- way for public roadway or oth er municipal purpose or pos- es a danger to the City prop erty or to the public Any such direction for the relocation modification or reconstruc tion of such facilities form the City to the Grantee shall be reviewed at the Grantee s re quest by the Pasco City Council in public heanng The City and the Grantee may establish a mutually agreed upon schedule to re locate facilities on an annual basis to allow for adequate planning an scheduling of projects In either event the relocation of facilities shall be reviewed at the Grantee s request by the City Council in a public meeting §6 Undergrounding and Electric Power Lines-Gen- eral Requirements A Grantee is required to place electnc power lines car lying less than fifty five thou sand (55 000) volts under- ground except when de- mand requires extension of electnc distnbution lines a dis- tance greater than one-eighth WO mile from existing lines Said demand may be served using overhead distnbution equipment and lines provid- ed The ending one-eighth mile portion of an overhead distnbution line must be relo- cated when a Demand for a new service line requires connection to the ending portion of said over- head distnbution line or I.— --.. - 14E LEGALS R 1 8 5 low de sity residen tial district is tablished to provide a lo nsity residen- tial enviro nt Lands with- in this . : ct shall unless specifi allowed herein con ingle-family develop- me n moderately size lots attractive yard areas uctures in this district are milted to single-family dwellings and customary ac- cessory structures Certain public facilities and institutions may also be permitted pro- vided their nature and loca- tion are not detnmental to the intended low density residen- tial environment 22 25 020 PERMITTED US- ES The following uses shall be permitted in the R-1 zone (1) One family dwellings (2) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising 22 25 030 PERMITTED AC- CESSORY USES The fol- lowing uses shall be permit ted as accessory to a permit ted use in the R 1 8 5 low density residential district (1) Residential garages as defined in Section 22 12 370 provided they do not exceed fifteen feet in height (2) Home occupations as de- fined by Section 22 12 390 (3) Storage buildings not ex ceeding two hundred square feet of gross floor area and fif teen feet in height provided no container storage as de fined in Section 22 12 750 shall be permitted (4) Renting of rooms for lodg- ing purposes only provided however such accommoda tions shall not exceed two persons in a single-family dwelling One off-street park- ing space per roomer must be provided in addition to the requirement set forth under Section 22 84 010(1) (5) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats (6) Family day care homed in conformance with WAC 388 ALS ced by another Irantor shall noti- of the precise any change of pot less than sixty prior to such oming effective ranchise Super- se shall update 3cle all prior f ran- tofore granted to lectnc Coopera- ts predecessors or its predeces- tall affirm autho- y all pnor installs- zed by permits or not previously his franchise Ation on Trans- 'Ilse Rights e hereby granted sold leased as therwise alienat he express con ity expressed by f the City Council he purpose and toppel shall be in st the City in case rt the invalidity of ad transfer in vio s section Such 111 not be unrea- hheld The con ity is hereby ex- n to the mortgag- actric utility prop- acilities of the an the City under ly outstanding or tgage or moil- to secure any her bona fide in- of the Grantee ihase at any fore may operate the tinder this fran- !complying with )le provisions of rter ordinances ind this franchise erves the right to ir all provisions of use upon the aUCCeSSOIS as lent creditors or facilities or prop )njoyment of pnv- ferred herein not stated else nthout waiver of 40 LEGALS the right to withhold consent not expressly given of any such transfer and/or required a new franchise §22 Effect of Invalidity The franchise is ranted pur suant to the laws of the State of Washington relating to the granting of such rights and privileges by Grantor If any article section sentence clause or phrase of this ordi- nance is for any reason held illegal invalid or unconstitu- tional such invalidity shall not affect the validity of the ordi- nance or any of the remaining portions The invalidity of any portion of this ordinance shall not abate reduce or other- wise affect any obligation re- quired of Grantee §23 Franchise Ordinance as Contract This ordinance shall have the effect of and shall be a con- tract between Grantor and Grantee and shall be the measure of the nghts and lia- bilities of the Grantor as well as of Grantee §24 Hold Harmless A The Grantee shall at all times fully defend indemnify and hold the City its agen- cies boards officers agents and employees harmless from any and al claims acci dents losses or liabilities (in cluding those relating to the placement of Grantee s insofar as the same may affect the surrounding envi- ronment) arising from or by reason of any intentional or negligent act occurrence or omission of the Grantee sin- gularly or jointly with others its representatives permit- tees or employees in the construction operation use or maintenance of any of the Grantee s electnc utility prop- erty or facilities ancVor enjoy- ment of any privileges grant- ed by this franchise or be- cause of Grantee s perfor- mance of franchise obliga- tions Such indemnity shall in dude costs of negotiation or defense any other costs in- curred and reasonable attor- ney s fees LEGALS B Grantee shall not be re sponsible for damages deter- mined to arise out the City s sole negligence or in the case where damages are de- termined to arise out of the concurrent negligence of the parties Grantee s liability shall extend to damages de- termined to arise beyond the extend of Grantee s concur- rent negligence only so far as permitted by law C It is not the intent of this franchise to acknowledge create imply or expand any duty or liability of the City with respect to its role as franchis- ing authority in the exercise of its police power or for any oth- er purpose Any City duty nonetheless deemed creat- ed shall be a duty to the gen- eral public and not to any spe- cific party group or entity §25 Abandonment of Fran- chise Grantee may at any time abandon the rights and au- thorities granted hereunder provided that twelve (12) months wntten notice of inten- tion to abandon is given to Grantor §26 Acceptance of Fran- chise Grantee shall notify Grantor in writing of its acceptance of this franchise within thirty (30) days of the approval of this franchise by Grantor §27 Except as hereby mod fled this ordinance shall re main in full force and effect as enacted §28 All ordinances and parts of ordinances in conflict here- with are repealed §29 This ordinance shall be in full force effect five (5) days after passage and publica- tion Paq_ced by the City Council of the City of Pasco at its regu- lar meeting this 2nd day of May 1994 City of Pasco s- Joyce DeFelice Mayor Attest s- Mary Anne Kalbe Acting Deputy City Clerk Approved as to Form s- Greg A Rubstello LEGALS City Attorney Big Bend Electnc Cooperative Inc Gary Galbreath Board President #837 - 5/8/94 ORDINANCE NO 3015 AN ORDINANCE relating to land use and zoning amend ing Title 22 by enacting a new Chapter 22 25 dealing wi low density residential zon WHEREAS cities hav e responsibility to regul and control the physical elop ment within their b era and insure the public alth safe- ty and welfar are main tamed and WHEREAS e City of Pas co has zoning regulations that encourage orderly growth and development of the city and WHEREAS the City Council has reviewed the Planning Commission s recommenda- tions and has determined that to further the purpose of the comprehensive planning and to maintain and protect the welfare of the community it is necessary to amend PMC Title 22 NOW THERE- FORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DOES OR DAIN AS FOLLOWS Section 1 That PMC Title 22 is hereby amended to include a new chapter 22 25 to reads as follows CHAPTER 22 25 R-1 8 5 LOW DENSITY RESIDENTIAL ZONE Sections 22 25 010 Purpose 22 25 020 Permitted uses 22 25 030 Permitted acces sory uses 22 25 040 Conditional uses 22 25 050 Building heights 22 25 060 Minimum lot area 22 25 070 Lot coverage 22 25 080 Yard require ments 22 25 090 Parking require ments 22 25 110 Fences walls and hedges 22 25 010 PURPOSE The vEr,-a• Te•LiNn1 ew Friend! n 0 Free Voice Greeting age Retrieval p * *T ,t:n frLL [et tom Is 5 Dateline Ads To Respond to an ad call 3 1-900-288-8660 Each call is $2 19 per minute You must be 18 years old .> 24 hours a day, 7 days a week Be ready with the voice mall box numbers of ads that inter est you or browse through men s or women s voice greet- ings You can quickly ma ke your selections using your touch-tone phone • If you like how a person sounds, you can leav* him or her 'a message •-n irt n A__O 11 A ,,M0114 Handsome DWM, 40 61" 230lbs enjoys outdoors hik ing dining out Seeks S/DWF 35 45 for friendship possible relation- ship VMB 8942 Kennewick newcommer SWM 22 father of one fun ener getic enjoys outdoors candlelight dinners Seeking S/DW/HF 18-25 similar interests friendship long term relationship VMB 6311 SWM, 47 5'8" 180Ibs nonsmoker non- drinker enjoys walks travel coun- try music dancing Seeking loving canng WF 40 55 good personality VMB 3150 SWM, 33 6 2" green eyed blond, fit solid values education career Seeking slightly plump S/DWF to enjoy summer fun One child okay VMB 7.1 ,1A SWM, 40 Enjoys movies rodeos quiet times dining out Seeks SWF 30-40 for fnendship possible senous relation- ship VMB 9702 Moses Lake area DWM 40 tall slim nonsmoker no children financially secure Seeking warm sensitive canng S/DWF 38- 45 for old fashioned romance VMB 3088 This tall, slim SWM, 43 Enjoys outdoors long walks dining out Seeking a slim SWF for fnend- ship possible relationship VMB 1234 Adventurous DWM Trim nice looking 5'9" enjoys outdoors dancing movies adven- Blue -eyed SWM 45 physically fit financially secure nonsmoker nondrinker sensitive enjoys dancing compan- ionship romance Seeks sincere SWF for friendship relationship VMB 0811 DWCM, 33 Interested in friendship with S/DF 26-32 Important principles for my life Romans chapter 8 John chap- ter 15 VMB 0537 Blue-eyed blond, 511" SWM 21 spontaneous nondnnk ing nonsmoking Enjo,ys travel adventure humor Seeking SWF 18-25 who wants more from life VMB 5872 Love at first sting 11111111111 1 11 11 11 1 1 1 1 1 1111 1 1 11111111111 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 May 4, 1994 Tri-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Summary of Ordinance(s) No 3013-3016 on the following date May 8, 1994 Please send two (2) Affidavits of Publication for each Thank you, Catherme D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included AGENDA REPORT NO. FOR: City Council DATE: 4/19/94 TO: Gary Crutchfiel ),/ anager Workshop 4/25/94 FROM: Greg A Rubstelio, C ttorney SUBJECT: Ordinance granting franchise to Big Bend Electric Cooperative, Inc I. REFERENCE(S) Proposed Franchise Ordinance II ACTION REQUESTED OF COUNCIL MOTION: I move to adopt Ordinance No , an ordinance granting a franchise to Big Bend Electric Cooperative, Inc , for the construction, operation and maintenance of electric facilities within the City of Pasco III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF Last year Big Bend Electric Cooperative requested a franchise from the City of Pasco to serve a small area of their territory within the northwest annexation area Big Bend proposed a franchise ordinance which for the most part was very fairly written City staff did however recommend several changes to the proposed ordinance, the most material which were the requirements for undergrounding which are essentially set forth in Sections 5 and 6 After several months of negotiation, city staff and Big Bend have agreed upon language satisfactory to both parties and that language is incorporated in the proposed Ordinance V. DISCUSSION The proposed Ordinance is acceptable to both City staff and to Big Bend Electric Cooperative and staff recommends that the Ordinance be adopted VI OTHER COMMENTS VII. ADMINISTRATIVE ROUTING