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HomeMy WebLinkAbout3318 Ordinanceit 302 ORDINANCE NO 3/6 oe ‘.. s ee 0Cd"la nwa‘e - ORDINANCE OF THE CITY OF PASCO, WASHINGTON, GRANTING TO 'ger ,ArICORP, AN OREGON CORPORATION DOING BUSINESS AS PACIFIC POWER & LIGHT COMPANY, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN AN ELEC1RICAL POWER TRANSMISSION AND DISTRIBUTION SYSTEM IN, ON, OVER, UPON, ALONG, AND ACROSS CERTAIN DESIGNATED PUBLIC RIGHTS-OF-WAY OF THE CITY OF PASCO, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DU IIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, PACIFICORP, AN OREGON CORPORATION DOING BUSINESS AS PACIFIC POWER & LIGHT COMPANY (hereinafter "the Franchisee"), has requested that the City grant it the right to construct, install, operate and maintain an electrical power transmission and distribution system within the public ways of the City, and WHEREAS, the City Council has found it desirable for the welfare of the City and its residents that such a non-exclusive franchise be granted to the Franchisee, and WHEREAS, the City Council has the authority under RCW 35A47 040 to grant franchises for the use of its streets and other public properties, and WHEREAS, the City is willing to grant the rights requested subject to certain terms and conditions NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1 Authority Granted The City hereby grants to the Franchisee, its hens, successors, legal representatives, and assigns, subject to the terms and conditions hereinafter set forth, the right, privilege, and authority to construct, operate, maintain, replace, and use all necessary equipment and facilities thereto for the electrical power transmission and distribution facilities described in Exhibit A, which is attached hereto and incorporated by this reference The Franchisee is authorized to place its electrical power transmission and distribution facilities in, under, on, across, over, through, along, or below the public ways of the City which are designated in Exhibit A and the plans attached thereto or as subsequently approved by the City, provided, that the Franchisee shall apply for and obtain a Construction Permit pursuant to PMC Chapter 12 24 prior to site-specific location and installation of any and all such electrical power facilities Section 2 Grant Limited to Occupation and Service Nothing contained herein shall be construed to grant or convey any right, title, or interest in the public ways of the City to the Franchisee Section 3 Term of Franchise The term of this Franchise shall be for a period of ten years from the effective date hereof, unless sooner terminated as provided in Section 16 hereof Section 4 Non-Exclusive Grant This Franchise shall not in any manner prevent the City from entering into other similar agreements or granting other or further franchises in, under, on, across, over, through, along, or below any of said public ways of the City or other City-owned properties Further, this Franchise shall in no way prevent or prohibit the City from using any of its public ways or other City-owned properties or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, or dedication of the same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new public ways and other City- owned properties of every type and description. Section 5 Relocation of Electrical Power Distribution Facilities A The Franchisee agrees and covenants at its sole cost and expense to protect, support, temporarily disconnect, relocate, or remove from any public ways within the City, any of its electrical power distribution facilities when so required by the Public Works Director by reason of traffic conditions and public safety, dedications of new public ways and the establishment and Improvement thereof, widening and improvement of existing public ways, street vacations, freeway construction, change or establishment of street grade, or the construction of any pubhc improvement or structure by any governmental agency acting in a governmental capacity, provided, that the Franchisee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same public way upon approval by the Public Works Director, any section of line or any other facility required to be temporarily disconnected or removed Upon request of the Pubhc Works Director and in order to facilitate the design of City street and right-of-way improvements, the Franchisee agrees, at its sole cost and expense, to locate and, if determined necessary by the City, to excavate and expose any of its electrical power distribution facilities for inspection so that the location of the same may be taken into account in the improvement design The decision as to whether said facilities need to be relocated in order to accommodate the City's improvements shall be made by the Pubhc Works Director upon review of the location and construction of the Franchisee' s facilities If the Public Works Director for any of the reasons set forth in this subsection determines that the project necessitates the relocation of the Franchisee's then-existing facilities, the City shall 1 Within a reasonable time, which shall be no less than 60 days, prior to the comrrencement of such improvement project, provide the Franchisee with written notice requiring such relocation, provided, that in the event of an emergency posing a threat to the public safety or welfare, or in the event of an emergency beyond the control of the City and which will result in impacts to the public health, safety, and welfare, the City shall give the Franchisee written notice as soon as practicable and provide the Franchisee with copes of pertinent information for such improvement project and a proposed location for the Franchisee's facilities so that the Franchisee may relocate its facilities in other public ways in order to accommodate such improvement project 2 After receipt of such notice and such pertinent information, the Franchisee shall complete relocation of its facilities at no charge or expense to the City so as to accommodate the improvement project at least ten days prior to commencement of the project The Franchisee may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation The City shall evaluate such alternatives and advise the Franchisee in writing if one or more of the alternatives is suitable to accommodate the work which would otherwise necessitate relocation of the facilities If so requested by the City, the 2 Franchisee shall submit additional information to assist the City in making such evaluation The City shall give each alternative proposed by the Franchisee full and fair consideration within a reasonable time so as to allow for the relocation work to be performed in a timely manner In the event the City ultimately determines that there is no other reasonable alternative, the Franchisee shall relocate its facilities as otherwise provided in this Section The provisions of this Section shall survive the expiration, revocation, or termination of this Franchise, provided, that relocation shall not be required after expiration of this Franchise if the City consents to the Franchisee abandoning its facilities in place The provisions of this Section shall in no manner predude or restrict the Franchisee from making any arrangements that are otherwise consistent with the Franchise Agreement, that the Franchisee may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become city-owned, operated, or maintained facilities provided that such arrangements do not delay a City construction project The Franchisee will indemnify, hold harmless, and pay the costs of defending the City against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of the Franchisee to relocate its facilities in a timely manner, provided, that the Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of the Franchisee The indemnity provisions of this Section shall survive the expiration, revocation, or termination of this Franchise Section 6 Undergrounding of Facilities The undergroundmg requirements of this Section shall apply where the Franchisee's facilities consist of any facilities which are capable of being placed underground consistent with established engineering practices Where the Franchisee's facilities consist of facilities which are required to remain above ground in order to be functional, this Section shall not apply In any area of the City in which there are no aerial facilities other than antennas or other facilities required to remain above ground in order to be functional, or in any public way in which all telephone, other electric power wires and cables have been placed underground, the Franchisee shall not be permitted to erect poles or to run or suspend wires, cables, or other facilities thereon, but shall lay such wires, cables, or other facilities underground in the manner required by the City The Franchisee acknowledges and agrees that if the City does not require the undergrounding of its facilities at the time of initial installation, the City may require the conversion of the Franchisee's aerial facilities to underground installation at the Franchisee's expense no sooner than five years after initial installation, with at least one year's advance notice Whenever the City requires the undergroundmg of all aerial utilities in any area of the City which the City has the legal authority to require to underground, the Franchisee shall underground its aerial facilities in the manner specified by the City, concurrently with and in the area of all the other affected utilities The location of any such relocated and underground utilities shall be approved by the City The Franchisee shall underground its facilities at its own expense, but the Franchisee is encouraged to contact and agree with other affected utilities so that all costs for common trenching, common utility vaults, and other costs not specifically attnbutable to the undergroundmg of any particular facility are borne fairly and proportionately by all the utilities involved in the underground project The provisions of this Section shall survive the expiration, revocation, or termination of this Franchise The Franchisee's obligation to underground its facilities, and the City's obligation to participate in or share in the costs thereof, under this Franchise shall be subject to all tariffs on file with the WUTC on the date this Franchise is approved by the City Council Section 7 The Franchisee's Maps and Records After construction is complete, the Franchisee shall provide the City with one accurate copy of all as-built plans, maps, and records 3 These plans, maps, and records shall be provided at no cost to the City, and shall conform to the requirements of PMC Section 15 70 100 Section 8 Work in Pubhc Ways During any period of relocation, construction, or maintenance, all surface structures, if any, shall be erected and used in such places and positions within said pubhc ways and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property, and the Franchisee shall at all times post and maintain proper barncades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39 04 180 for the construction of trench safety systems Whenever the Franchisee shall excavate in any public way, or shall comrrence any work within a public way not requiring excavation, for the purpose of installation, construction, repair, maintenance, or relocation of its electrical power distribution facilities, it shall apply to the City for a Construction Permit to do so and, in addition, shall give the City at least ten working days notice of the Franchisee s intent to commence work in the public ways The Franchisee shall file plans or maps with the City showing the proposed location of its electrical power distribution facilities and pay all duly established permit and inspection fees associated with the processing of the permit In no case shall any work commence within any public way without said permit, except as otherwise provided in this Franchise During the progress of the work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the public ways, and all work by the Franchisee in any area covered by this Franchise and as described in this Section shall be performed in accordance with City of Pasco Public Works Construction Standards and warranted for a period of two years If the City has plans identified in an adopted capital construction plan, contract, or grant application to improve any public way to which this Franchise applies within two years of the Franchisee's application for a Construction Permit to locate its facilities in such public way, the Franchisee may be allowed to install its facilities above ground, to the extent feasible, until such time as the City' s improvements occur, at which time the Franchisee shall underground its facilities concurrent with the City' s improvement project, provided, if City fails to disclose any such improvement plan after receipt of the application and PactfiCorp incurs costs occasioned by the insistence on the implementation of such plan within two years of the date of such construction, the City shall be liable for PacifiCorp's costs related thereto If either the City or the Franchisee shall at any time plan to make excavations in any area covered by this Franchise and as described in this Section, the party planning such excavation shall afford the other, upon receipt of a written request to do so, an opportunity to share such excavation, provided, that A Such joint use shall not unreasonably delay the work of the party causing the excavation to be made, Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties, and Either party may deny such request for safety reasons The joint use provisions of this Section shall apply only to joint use by the City and the Franchisee Nothing in this Section is intended to require the Franchisee to afford other similar users the opportunity to shale the Franchisee's excavations The provisions of this Section shall survive the expiration, revocation, or termination of this Franchise Section 9 Restoration after Construction The Franchisee shall, after installation, construction, relocation, maintenance, removal, or repair of its electrical power facilities within the 4 public ways, restore the surface of said pubhc ways and any other City-owned property which may be disturbed by the work, to at least the same condition the public way or City-owned property was in immediately prior to any such installation, construction, relocation, maintenance, or repair consistent with such applicable construction standards as may be adopted by the City The Public Works Director shall have final approval of the condition of such public ways and City-owned property after restoration. All survey monuments which are to be disturbed or displaced by such work shall be referenced and restored, as per WAC 332-120, as the same now exists or may hereafter be amended, and all pertinent federal, state, and local standards and specifications The Franchisee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work to the Public ways or other affected area at its sole cost and expense according to the time and terms specified in the Construction Permit issued by the City and in Chapter 12 24 of the Pasw Municipal Code, as the same now exists or as it may hereafter be amended or superseded The provisions of this Section shall survive the expiration, revocation, or termination by other means of this Franchise All work by the Franchisee pursuant to this Section shall be performed in accord with City of Pasco Public Works Construction standards and warranted for a period of two years The Public Works director shall have final authority, subject to judicial review, to determine whether their has been a brewh of warranty Section 10 Emergency Work -- Permit Waiver In the event of any emergency in which any of the Franchisee's electrical power distribution facilities located in, above, or under any public way break, are damaged, or if the Franchisee's construction area is otherwise in such a condition as to immediately endanger the property, life, health, or safety of any individual, the Franchisee shall immediately take the proper emergency measures to repair its facilities, to cure or remedy the dangerous conditions for the protection of property, life, health, or safety of individuals without first applying for and obtaining a permit as required by this Franchise However, this shall not relieve the Franchisee from the requirement of notifying the City of the emergency work and obtaining any permits necessary for this purpose after the emergency work is comnrnced The Franchisee shall notify the City by telephone immediately upon learning of the emergency and shall apply for all required permits not later than the second succeeding day during which the Pasco City Hall is open for business Section 11 Dangerous Conditions, Authority for City to Abate Whenever construction, installation, or excavation of electrical power distribution facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining public way, street, or public place, or endangers the public, street utilities, or City-owned property, the Public Works Director may direct the Franchisee, at the Franchisee's own expense, to take action to protect the public, adjacent public places, City-owned property, streets, utilities, and public ways Such action may include compliance within a prescribed time determined to be reasonable under the circumstances by the Public Works Director In the event that the Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets, utilities, public ways, to maintain the lateral support thereof, or actions regarded as necessary safety precautions, and the Franchisee shall be liable to the City for the costs thereof The provisions of this Section shall survive the expiration, revocation, or termination by other means of this Franchise Section 12 Recovery of Costs The Franchisee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City Where the City incurs costs and expenses for review, inspection, or supervision of activities undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, the Franchisee shall reimburse the City directly for any and all costs 5 The Franchisee shall promptly pay to the City upon full execution of this agreement the amount of Two Thousand Five Hundred Dollars and no/100 ($2,500 00) as reimbursement to the City for the general administrative and legal costs and expenses incurred by the City related to this Franchise Agreement In addition, the Franchisee shall reimburse the City upon submittal by the City of an itemized billing by project of costs, for the Franchisee's proportionate share of all actual, identified expenses incurred by the City im planning, constructing, installing, repairing, or altenng any City facility as the result of the presence in the right-of-way of the Franchisee's facilities Such costs and expenses shall include but not be limited to the Franchisee's proportionate cost of City personnel assigned to oversee or engage in any work in the public ways as the result of the presence of the Franchisee's facility in the public ways Such costs and expenses shall also include the Franchisee's proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation of the Franchisee's facilities or the routing or rerouting of any utilities so as not to interfere with the Franchisee's facilities The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and overhead Any other costs will be billed proportionately on an actual cost basis All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement A charge for the actual costs incurred in preparing the billing may also be included in said billing The billing may be on an annual basis, but the City shall provide the Franchisee with the City's itemization of costs at the conclusion of each project for information purposes The City reserves the right to impose and collect from Franchisee all taxes, fees and charges permitted by RCW 35 21 860 as currently or hereafter amended or otherwise provided by state law In addition to the above, the Franchisee shall promptly reimburse the City for any and all costs the City reasonably incurs in response to any emergency caused by the Franchisee's electrical power transmission or distribution facilities Section 13 Insurance and Indemnity A Insurance During the term of this Franchise, the Franchisee shall maintain in full force and effect, at its own cost and expense, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Franchisee, its agents, representatives, employees, or subcontractors The Franchisee shall provide a certificate of insurance naming the City, its officials, boards, commissions, agents, and/or employees as additional insureds evidencing 1 Automobile liability insurance with limits no less than $1,000,000 00 combined single limit per accident for bodily injury and property damage, and 2 Comnercial general liability insurance written on an claims first made basis with limits no less than $1,000,000 00 per claim and $2,000,000 00 general aggregate for personal injury, bodily injury, and property damage Coverage shall include but not be limited to blanket contractual, products/completed operation, broad form property damage, explosion, collapse and underground (XCU) if apphcable, and employer' s liability The Franchisee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer' s liability The Franchisee's insurance shall be primary insurance with respect to the City, and any insurance maintained by the City shall not contribute with it The Franchisee shall file the certificate of insurance required by this Section with the City upon acceptance of this Franchise The insurance policy and certificate shall contain a provision stating that it may not be 6 canceled, suspended, or reduced in coverage without 30 days advance written notice to the City In the event that the policy is canceled, suspended, or reduced in coverage, the Franchisee shall provide a replacement certificate evidencing the insurance coverage required by this Section at least fifteen (15) days prior to the cancellation, suspension, or reduction in coverage of the existing policy Indemnification The Franchisee shall, at its sole cost and expense, indemnify, defend, and hold harmless the City, its officials, boards, commissions, agents, and employees against any and all claims, suits, causes of action, proceedings, and judgments for damage arising out of the operation and construction of the Franchisee's facilities under this Franchise, except that no such requirement shall apply where such claims, suits, causes of actions, proceedings, and judgments for damage are occasioned solely by the neghgence, gross negligence or intentional acts of the City or its officials, boards, commissions, agents and employees while acting on behalf of the City These damages shall include, but not be limited to, claims made against the City by the Franchisee's employees from which the Franchisee would otherwise be immune under Title 51 RCW, penalties arising out of copyright infnngements, and damages arising out of any failure by the Franchisee to secure consent from the owners, authorized distributors or licensees of programs to be delivered by the Franchisee's Cable System whether or not any act or omission complained of is authorized, allowed, or prohibited by this Franchise So long as the City has given Franchisee prompt notice of a claim subject to this Section and an opportunity to tender a defense, indemnified expenses shall include, but not be limited to (1) reasonably incurred out-of-pocket expenses, (2) reasonably incurred costs and attorneys fees, (3) reasonably necessary services rendered by the City Attorney or his or her assistants, (4) reasonably necessary services provided by any employee of the City, and, (5) the amount of any settlement or awaid of damages for personal injury, death, or property damage to any person for which the Franchisee is required to indemnify the City pursuant to this Section In the event that Franchisee fails to promptly tender a defense after notice by the City, Franchisee shall, in addition to any judgment, award, or settlement, be responsible for all costs, expenses, expenses, and attorneys' fees reasonably incurred by the City in defending itself, including such costs, expenses, and attorneys as may be reasonably incurred collecting said amounts from Franchisee The indemnification provisions of this Subsection have been mutually negotiated by the parties hereto Expiration The Franchisee shall not permit any insurance policy to expire and the Franchisee, not less than 30 days prior to its expiration, shall deliver to the City a substitute, renewal or replacement policy or bond in conformance with the provisions of this Franchise Section 14 Abandonment and Removal of the Franchisee's Electrical Power Distribution Facilities Upon the expiration or termination of this Franchise, and consistent with the provisions of PMC Section 15 70 260, the Franchisee shall remove all of its electrical power distribution facilities from the public ways of the City within 90 days of receiving notice from the Pubhc Works Director Except as specifically provided by PMC Title 15, the Franchisee shall not be allowed to abandon any of its electrical power distribution facilities within the public ways of the City or upon City-owned property 15 Modification The City and the Franchisee hereby reserve the right to alter, amend or modify the terms and conditions of this Franchise upon the mutual written agreement of both parties to such alteration, amendment or modification 16 Forfeiture and Revocation The rights granted under this Franchise may be revoked or forfeited as provided in Chapter 15 90 of the Pasco Municipal Code, provided, that the City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling the Franchisee to comply with the provisions of this Franchise and to recover damages and costs incurred by the City by reason of the Franchisee's failure to comply 7 17 Remedies to Enforce Compliance In addition to any other remedy provided in this Franchise or within PMC Title 15, the City reserves the right to pursue any remedy to compel or force the Franchisee and/or its successors and assigns to comply with the tenns hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breath of the conditions herein 18 City Ordinances and Regulations Nothing herein shall be deened to direct or restrict the City' s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any valid ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public The City shall have the authority at all times to control by appropriate regulations the location, elevation, manner of construction, and maintenance of any electrical power distribution facilities by the Franchisee, and the Franchisee shall promptly conform with all such regulations, unless compliance would cause the Franchisee to violate other requirements of law, provided, that nothing in this Section shall permit the City to unilaterally modify the substantive provisions of this Franchise 19 Force Majeure Neither Party shall be subject to any liability or damages for inability to provide or receive service to the extent that such failure shall be due to causes beyond the control of either party including, but not limited to the following (a) the operation and effect of any rules, regulations and orders promulgated by any state commission or governmental agency of the United States, or subdivision thereof, (b) restraining order, injunction or similar decree of any court, (c) war, (d) flood, (e) earthquake, (f) act of God, (g) sabotage, or (h) strikes or boycotts The party claiming Force Majeure shall make every reasonable attempt to remedy the cause thereof as diligently and expeditiously as possible 20 Survival All of the provisions, conditions, and requirements of Sections 5 (Relocation of Electrical Power Distribution Facilities), 6 (Undergroundmg of Facilities), 8 (Works in Public Ways), 9 (Restoration after Construction), 11 (Dangerous Conditions, Authority of City to Abate), 13 (Insurance and Indemnity), and 14 (Abandonment and Removal of Franchisee's Electric Power Distribution Facilities) of this Franchise shall be in addition to any and all other obligations and liabilities the Franchisee may have to the City at common law, by statute, or by contract, and shall survive the expiration or termination of this Franchise, and any renewals or extensions thereof All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the hens, successors, executors, administrators, legal representatives, and assigns of the Franchisee and all privileges, as well as all obligations and liabilities of the Franchisee shall inure to its hens, successors, and assigns equally as if they were specifically mentioned wherever the Franchisee is named herein 21 Regulatory Authority The parties acknowledge that the Franchisee's tariffs approved by and on file with the Washington Utilities and Transportation Commission on the date of this Franchise supersede any inconsistent terms or conditions of this Franchise and that in the event of a conflict between the terms of this Franchise and such tariffs, such tariffs shall control 22 Non-Severability Each term and condition of this Franchise is an integral part of the consideration given by each party and as such, the terms and conditions of this Franchise are not severable If any section, sentence, clause or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, this Franchise shall terminate unless suitable replacement terms can be agreed to by the parties 23 Assignment This agreement may not be assigned or transferred without the written consent of the City, except that the Franchisee may freely assign this Franchise in whole or in part to a parent, subsidiary, or affiliated corporation or as part of any corporate financing, reorganization or 8 refmancing, or in connection with a merger, sale of assets, or reorganization The City may not unreasonably withhold its consent to an assignment or transfer of this Franchise In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral The Franchisee shall provide prompt, written notice to the City of any such assignment 24 Notice Any notice or information required or permitted to be given to the parties under this Franchise may be sent to the following addresses unless otherwise specified City City of Pasco Director of Public Works P0 Box 293 Pasco, WA 99301 Franchisee General Business Manager Pacific Power & Light Company P0 Box 607 Walla Walla, WA 99362 25 Entire Franchise This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the panes upon execution of this Franchise 26 Acceptance Within 60 days after the passage and approval of this ordinance, this Franchise may be accepted by PacifiCorp, doing business as Pacific Power & Light Company, by its filing with the City Clerk an unconditional written acceptance thereof Failure of the Franchisee to so accept this franchise within said period of time shall be deened a rejection thereof, and the rights and privileges herein granted shall, after the expiration of the 60 day period, absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose 9 ATTEST/AUTHENTICATED PUTY CITY CLERK, CATHERINE D SEAMAN 27 Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five days after passage and publication of an approved summary thereof consisting of the title APPROVED AS TO FORM LELAND B KERR, CITY ATTORNEY FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL SIGNED BY THE MAYOR t, PUBLISHED \\--8'-- EFFECTIVE DATE 10 ORDINANCE NO 33 kl SUMMARY OF ORDINANCE NO .c6 of the City of Pasco, Washington On the L\1,- day of ('J. , 1998, the City Council of the City of Pasco, passed Ordinance No \ 'k A summary of the content of said ordinance, consisting of the title, provides as follows AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, GRANTING TO PACIFICORP, AN OREGON CORPORATION, DOING BUSINESS AS PACIFIC POWER AND LIGHT COMPANY, A NON-EXCLUSIVE FRANCHISE TO INSTALL, OPERATE, AND MAINTAIN A ELECTRICAL POWER DISTRIBUTION SYSTEM IN, ON, OVER, UPON, ALONG, AND ACROSS CERTAIN DESIGNATED PUBLIC RIGHTS-OF-WAY OF THE CITY OF PASCO, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DU IIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE The full text of this Ordinance will be mailed upon request DATED this ,--S -4.‘\_ day of 11.0,1 8j0er_, 1998 —C--azia--1 Deputy ity Clerk, Catherine D Seaman 11 •IMPINIIII17_-_- miwr 11111111111111J11111 11111 111111111 I illg •111 Il Bil P e HI WWI E A' sr IMMI MINI 0 - EA " ST & ND TM it. — n [UV]] Palo I ilitrill 40.j.... !Ill 1 1 1 1 11 11 IMMI 11 •111 11 ,- .9 " 4 111111 4111 • , 0 10 '... n,.. i , __ ...., / , il / - Alo L asn -a._ .4 11 I III 11,117 •n 11111 1111 rs 4 4, '19'. 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I / ./ WAD 40 4 4 *: EXHIBIT A FRANCHISE AGREEMENT CITY OF PASCO lopuononaggannago CITY LIMITS rEcommensineszermi TRANSMISSION LINE \- MEEMI SUB STATION LOCATION 7 - - / , ..... i 1 I i , W4 io Ordinance No 3318 SUMMARY, OF ORDI- NANCE NO 3318 of the City of Pasc, Washington On the 2nd of November 1998 the City Council of the City of Pa-,co passed Ordinance No 3318 A summary of the content of said ordinance consisting of the title provides as fol- lows AN ORDINANCE OF THE CITY OF PASCO WASHINGTON GRANTING TO PACIFICORP AN OR- EGON CORPORATION DOING BUSINESS AS PA- CIFIC POWER AND LIGHT COMPANY A NON- EXCLUSIVE FRANCHISE TO INSTALL OPERATE AND MAINTAIN A ELEC- TRICAL POWER DIS- TRIBUTION SYSTEM IN ON OVER UPON ALONG AND ACROSS CERTAIN DESIGNATED PUBLIC RIGHTS OF-WAY OF THE CITY OF PASCO WASHINGTON PRE- SCRFBING CERTAIN RIGHTS DUTIES TERMS AND CON- DITIONS WITH RESPECT THERETO AND ESTAB LISHING AN EFFECTIVE DATE The full text of this ordi nance will be mailed upon request DATED this 4th day of November4,I998 -5-,Catheritie D Seaman Deputy City Clerk #1557 - 11/8/98 MEM U) NOV 1 G 9998 FONANCE DEPT. 1/1 01% All _ ,4r SUBSCRIBED AND SWORN BEFORE ME THIS // DAY OF , -aft G% - ctstq — \astV - P 0 BOX 2608 ------- PASCO, WASHINGTON 99302 2608 PHONE (509) 582 1500 &ROA& ADvognolloa INVOICE DATE 1 /08/1998 LEGAL NO#1557 ACCOUNT NO 1922 DESCRIPTION4 1557 ORDINANCE 7718 TIMES 1 LINES 7.; . 92 SOLD TO PASCO CITY OF LEGALS P.O. BOX 297 PASCO WA 99301 V'OTA& 52.54 RIOTOCIE• 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 AFFODZMOY PCNEESDAY1100 COUNTY OF BENTON SS STATE OF WASHINGTON Lii ana Hudon , 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#1557 ORDINANCE 7718 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 11/08/1998 , and ending on 1 1 /08/1998 , and that said newspaper was regulary distributed to its subscribers during all of this period 92141141-0- yfh Notary public in and for the State of Wash- ington, residing at ch 1 and COMMISSION EXPIRE/P8/15/2000