HomeMy WebLinkAbout4399 Ordinance - Franchise Agr - PacifiCorp Extention to 10.25.2018 ORDINANCE NO. 43 q
An ORDINANCE of the City of Pasco, Washington,
Extending the Electrical Power Franchise Agreement with
PacifiCorp an Oregon Corporation Doing Business as Pacific
Power and Light Through April 25,2019
WHEREAS,the provision of electric power services is a critical service for many Columbia
Basin residents,businesses and the public at large; and
WHEREAS, provision of electrical power services necessitates an agreement for use of
public right-of-way between the City of Pasco ("City") and all electrical power service providers
operating facilities within the City limits; and
WHEREAS, the current electrical power franchise agreement was entered into pursuant to
Ordinance No. 3882 on October 20, 2008; and
WHEREAS, said Franchise has a date of expiration on October 25, 2018; and
WHEREAS, Grantee and the City have been unable to complete negotiations on terms for a
Franchise renewal prior to the Franchise expiration date; and
WHEREAS,the City is willing to grant an extension of the current Franchise until April 25,
2019 while it considers provisions within the renewal request, if PacifiCorp agrees to abide by the
terms and conditions of the existing Franchise during any such extension, and neither party is
otherwise prejudiced by the extension;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Extension of the Term of the Franchise Agreement through April 25, 2019.
The Franchise rights granted under the above-mentioned Franchise Agreement, dated October 20,
2008 under the authority of Ordinance 3882, as amended, are hereby extended subject to the terms
and condition set forth below until the earlier of April 25, 2019 or when a new Franchise
Agreement is enacted by the City.
Section 2. Tereus and Conditions of Extension of the Agreement. The City's consent to
the extension, described above, is subject to, and conditioned upon, the following terms and
conditions:
A. All terms and conditions of the existing Franchise Agreement shall remain in full
force and effect beginning on the expiration date of the Franchise Agreement entered into pursuant
to Ordinance No. 3882 and during the extension period.
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B. The extension shall have no adverse effect on Grantee's compliance, nor shall the
extension be grounds for any change or modification in the remaining terms, conditions and
obligations of the Franchise Agreement. Further, the extension of the franchise agreement will not
affect, diminish, impair or supercede the binding nature of the existing ordinances and agreements
applicable to operation of the electric system.
C. The City and Grantee's agreement to extend the Franchise Agreement, as set forth
herein, shall not be construed, in any manner whatsoever, to constitute a waiver or release of any
rights that the City or the Grantee may have under the Franchise Agreement.
D. Nothing herein shall be deemed or construed as a waiver, release or surrender of any
right that either party may have under any applicable law.
Section 3. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this,? ay of October, 2018.
t71ZO`t.. —
Matt Watkins, Mayor• 4TT''.T: . APPROVED AS TO FORM:
.
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
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