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Avista Utilities – Central Point 2026 Franchise Agreement Resolution No. 1873 Page 1 of 15
CITY OF CENTRAL POINT, OREGON
RESOLUTION NO. 1873
A RESOLUTION GRANTING AVISTA CORPORATION, d/b/a AVISTA UTILI-
TIES, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS,
THE NONEXCLUSIVE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO
LOCATE, CONSTRUCT, INSTALL, OWN, MAINTAIN, REPAIR, REPLACE, EX-
TEND, OPERATE AND USE FACILITIES IN, UPON, OVER, UNDER, ALONG,
AND ACROSS THE FRANCHISE AREA FOR PURPOSES OF THE TRANSMIS-
SION, DISTRIBUTION, STORAGE AND SALE OF GAS.
Avista Corporation dba Avista Utilities (“Avista”), a Washington Corporation, has filed with
the City of Central Point, State of Oregon (the "City") a written application for a renewal of its
Franchise to locate, construct, operate , maintain and use such plants, works, underground pipe-
lines, equipment and appu rtenances over, under, along and across all of City's rights of way and
public property in the City for the purposes of the transmission, distribution , storage and sale of
Gas; and the City has determined it is in the interest of persons and businesses in this jurisdiction
to have access to Avista's services;
THEREFORE, THE CITY OF CENTRAL POINT DOES RESOLVE:
SECTION 1.0 DEFINITIONS
For the purposes of this Franchise the following terms, phrases, words and their deriva-
tions shall have the meaning given in this Section. When not inconsistent with the context, words
used in the present tense include the future, words in the plural include the singular, and words
in the singular include the plural. Words not defined shall be given their common and ordinary
meaning.
Avista: means Avista Corporation, dba Avista Utilities, a Washington Corporation, and its respec-
tive successors and assigns, agents, and contractors.
City: means the City of Central Point, a municipal corporation of the State of Oregon, and its
respective successors, assigns, agents, and contractors.
Commission: means the Oregon Public Utility Commission or such successor regulatory agency
having jurisdiction over investor-owned public utilities in the State of Oregon.
Days: means business days, unless otherwise noted.
Effective Date: means thirty (30) calendar days from final passage of this Resolution, provided it
has been duly accepted by Avista, upon which the rights, duties and obligations of this Franchise
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shall come into effect, and the date from which the time requirement for any notice, extension
and/or renewal shall be measured.
Facilities: means, collectively, any and all Gas transmission, and distribution systems and ap-
purtenances owned by Avista, now and in the future in the Franchise Area, including but not
limited to, Gas plants, Gas pipes, (pipelines, mains, services, laterals, conduits, and services),
regulators, valves, meters, meter-reading devices, fences, barricades, structures, vehicular pro-
tection devices, communication systems and control systems and other equipment, appliances,
fixtures, attachments, appurtenances and other items necessary, convenient, or in any way ap-
pertaining to any and all of the foregoing for the purposes of transmission, distribution, storage,
and sale of Gas.
Franchise: means the grant by the City of rights, privileges and authority embodied in this Res-
olution.
Franchise Area: means the surface and space above and below all public property and rights-
of-way owned or held by the City, including, without limitation, rights-of-way for:
• public roads, streets, avenues, alleys, bridges, tunnels, City-owned public utility ease-
ments, and highways that may hereafter be constructed, platted, dedicated, acquired
or improved; and
• all City-owned public utility easements dedicated for the placement and location of var-
ious utilities, provided such easements would permit Avista to fully exercise the rights
granted under this Franchise within the area covered by the easement.
Gas: means natural, manufactured, renewable and/or mixed gases.
Gross Revenues: Except as otherwise provided in OAR 860 -022-0040, “gross revenue(s)”
means revenues received from utility operations within the City, less related net uncollectables.
Gross revenues of an energy utility shall include revenues from the use, rental, or leas e of the
utility’s operating facilities other than residential -type space and water heating equipment. Gross
revenues shall not include proceeds from the sale of bonds, mortgage or other evidence of in-
debtedness, securities or stocks, sales at wholesale by one utility to another utility purchasing the
service is not the ultimate customer.
Maintenance, maintaining, or maintain: means, without limit, repairing, replacing, upgrading,
examining, testing, inspecting, and removing Avista Facilities, vegetation management, digging
and excavating, and restoration of affected Right-of-way surfaces to pre-disturbance condition.
Parties: means City and Avista collectively.
Party: means either City or Avista individually.
Person: means a business entity or natural person .
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Right-of-way: means the surface of and the space along, above, and below any street, road,
highway, freeway, bridge, tunnel, lane, sidewalk, alley, City-owned public utility easement and/or
right-of-way now or hereafter held or administered by the City.
State: means the State of Oregon.
Tariff: means the rate schedules, rules, and regulations relating to utility service, filed with and
approved by the Commission in effect upon execution and throughout the term of this Franchise.
SECTION 2.0 GRANT OF FRANCHISE
2.1 Grant
City hereby grants to Avista the right, power, privilege and authority to enter upon all public roads,
rights-of-way, streets, alleys, highways, public places or structures, lying within the Franchise
Area to locate, construct, operate and maintain its Facilities for the purpose of controlling, trans-
mitting and distributing Gas, as may be necessary to provide Gas ser vice.
2.2 Effective Date
This Resolution will be effective thirty (30) calendar days after the date of approval and passage
as required by law provided it has been duly accepted by Avista .
2.3 Term
2.3.1 The rights, privileges and Franchise granted to Avista will extend for a n initial term
of ten (10) years from the Effective Date, and shall automatically extend for successive
one (1) year terms unless (a) a new agreement is entered into; (b) this Franchise is re-
newed for a ten (10) year term subject to 2.3.2 below; (c) the Franchise is terminated by
agreement between the Parties; or (d) either Party provides the other Party not less than
sixty one hundred eighty (180) calendar days prior written notice of its intent not to renew
a successive term.
2.3.2 In the event a Party desires to renew the Franchise as provided in 2.3.1(b) above,
such party shall notify the other Party in writing a request to renew for a ten (10) year
period prior to the end of the initial term. If both Parties mutually agree to such a renewal,
the renewal date shall commence the day immediately following the expiration date of the
initial term, and all terms and conditions of the Franchise shall remain the same, except
the Effective Date of such term.
2.4 Non-Exclusive Franchise
This Franchise is not an exclusive Franchise. This Franchise shall not prohibit the City from grant-
ing other franchises within the Franchise Area that do not interfere with Avista's rights under this
Franchise. City may not, however, award a Gas Franchise to another party under more favorable
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or less onerous terms than those of this Franchise without this Franchise being amended to reflect
such more favorable or less onerous terms.
2.5 Notice of City’s Intent to Compete with Avista
In consideration of Avista’s undertaking pursuant to this Franchise, the City agrees that in the
event the City intends to engage in the business of providing Gas service during the life of this
Franchise or any extension of this Franchise, in competition with Avista, the City will provide Avista
with six (6) months’ notice of such action.
2.6 Assignment of Franchise
Avista shall have the right to assign its rights, benefits and privileges under this Franchise. Any
assignee shall, within thirty (30) calendar days of the date of any assignment, file written notice
of the assignment with the City together with its written acceptance of all terms and conditions of
this Franchise. As permitted by federal and state law and Commission regulation, Avista shall
have the right, without notice to or consent of the City, to mortgage or hypothecate its rights,
benefits and privileges in and under this Franchise as security for indebtedness.
2.7 Payment of Franchise Fees
2.7.1 Franchise Fee
In consideration of the rights, privileges, and franchise granted by City to Avista
under this Franchise, Avista will pay City six percent (6%) of Avista’s gross reve-
nues derived from service to customers located within City (the “Franchise Fee”).
Avista will pay the Franchise Fee in quarterly installments, which quarterly install-
ments will be due not later than thirty (30) calendar days following the end of the
quarter to which the payment relates.
2.7.2 Payments
Contemporaneously with each quarterly payment, Avista will file with City a sworn
statement describing the total Gross Revenues Avista received during the appli-
cable quarter (the “Accounting Statement”). City’s acceptance of any payments
under this Section 2.7 will not constitute a waiver by City of any Avista breach of
this Franchise. If Avista fails to pay the entire amount of compensation due the City
through error or otherwise, the difference due the City shall be paid by Avista within
thirty (30) calendar days from discovery of the error or determination of the correct
amount. Any overpayment to the City through error or otherwise shall be offset
against the next payment due from Avista.
In the event of the expiration or termination of this Franchise, Avista shall pay the
compensation as required in ORS 221.450 in quarterly installments, which quar-
terly installments will be due not later than thirty (30) calendar days following the
end of the quarter to which the payment relates.
2.7.3 Inspection of Books and Records
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On an annual basis, no more frequently than every twelve (12) months, upon thirty
(30) days’ prior written notice to Avista, the City shall have the right to audit the
books and records of Avista to determine whether Avista has paid the franchise
fees owed in accordance with generally accepted accounting principles. The audit
shall not last longer than six (6) months. Avista and the City agree to reasonably
cooperate to complete the audit within the six (6) month period. Any undisputed
additional amounts due to the City as a result of the audit shall be paid within sixty
(60) days following written notice to Avista by the City, which notice shall include
a copy of the audit findings.
Reimbursements for underpayments as a result of audit findings are subject to late
payment interest as set forth in Central Point Municipal Code 12.40.075.F. Avista
will cooperate with the City in conducting any inspection and/or audit in -person, by
mail or electronic means and will correct any discrepancies affecting the City’s
interest in a prompt and efficient manner. Avista will facilitate access to all its
books, records, documentation, and/or information at its Medford, Oregon District
office.
The period of limitation for recovery of any franchise fee payable hereunder shall
be three (3) years from the date on which payment by Avista was due.
2.7.4 Equality of Franchise Fees and Costs
In the event that the City increases charges as prescribed by law upon Avista for
any fees, taxes or other costs in connection with the issuance, maintenance, ex-
istence, continuation, and/or use of the Franchise or public right-of-way granted
herein, City shall impose equivalent charges for any fees, taxes or other costs upon
any and all other franchisee(s) doing the same business as or competing with
Avista. In the event that City does not impose equivalent charges upon other f ran-
chisee(s) doing the same business as or competing with Avista, the City will charge
Avista the fee imposed upon Avista prior to the increase until all franchisee(s) do-
ing the same business as or competing with Avista are charged the same.
SECTION 3.0 AVISTA’S OPERATIONS AND MAINTENANCE
3.1 Compliance with Laws, Regulations, Codes and Standards
In carrying out any authorized activities under the privileges granted by this Franchise, Avista
shall meet accepted industry standards and codes and shall comply with all applicable laws, reg-
ulations and ordinances of any governmental entity with jurisdic tion over Avista’s Facilities in the
Franchise Area. This includes all applicable laws, regulations and ordinances existing as of the
Effective Date or may be subsequently enacted by any governmental entity with jurisdiction over
Avista’s operations within the Franchise Area . The City shall have the right to make and enforce
reasonable rules and regulations that are legally nondiscriminatory in nature pertaining to the
conduct of Avista's operations within the Franchise Area. Prior to the adoption of any new rule,
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procedure or policy, Avista shall be provided a written draft document for comment with a re-
sponse period of not less than thirty (30) calendar days. Service shall be supplied to the City and
its inhabitants in accordance with Avista's rules and regulations and Tariffs currently or subse-
quently filed with and approved by the Commission.
3.2 Facility Location by Avista and Non-Interference
Avista shall have the discretion to determine the placement of its Facilities as may be necessary
to provide safe and reliable Gas service, subject to the following non -interference requirements.
All construction, installation, repair or relocation of Avista’s Facilities performed by Avista in the
Franchise Area will be done in such a manner as not to interfere with the construction a nd mainte-
nance of other utilities, drains, drainage and irrigation ditches and structures, and City -owned
property within the Franchise Area.
3.3 Facility Location Information
Avista shall provide the City, upon the City's reasonable request, Facility location information in
electronic or hard copy showing the location of its Facilities at specific locations within the Fran-
chised Area, to the extent such information is reasonabl y available. Avista does not warrant the
accuracy of any such Facility location information provided and, to the extent the location of Fa-
cilities as shown, such Facilities may be shown in their approximate location. With respect to any
excavations within the Franchise Area undertaken by or on behalf of Avista or the City, nothing
stated in this Franchise is intended nor shall be construed to relieve either Party of their respective
obligations arising under the State one-call law with respect to determining the location of existing
underground utility facilities in the vicinity of such excavations prior to commencing work.
3.4 Vegetation Management – Removal of Trees/Vegetation Encroachment
The right of Avista to maintain its Facilities shall include the right, as exercised in Avista's profes-
sional discretion to minimize the likelihood that encroaching either above or below the ground
vegetation can interfere with or limit access to Avista’s Facilities, or pose a threat to public safety
and welfare. Avista or its agents may accordingly remove or limit, without recourse or payment of
compensation, the growth of vegetation which encroaches upon its Facilities and/or Gas trans-
mission and distribution corridors within the Franchise Area . This removal should be conducted
in accordance with Central Point Municipal Code Chapter 12.
3.5 Right of Excavation
For the purpose of implementing the privileges granted under this Franchise , and subject to the
conditions described herein, Avista is authorized to make any necessary excavations in, under
and across the streets, alleys, roads, rights-of-way and public grounds within the Franchise Area.
Such excavation shall be carried out with reasonable dispatch and with as little interference with
or inconvenience to the public as may be feasible. Avista shall remove all debris stemming from
excavation and construction. The Right-of-way surface shall be restored by Avista after excava-
tion, in accordance with applicable City and Avista specifications.
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Prior to performing such work, Avista shall obtain all legally required permits, including the open-
ing or disturbance of any Right-of-way within the Franchise Area. City shall cooperate with Avista
in granting any permits required, providing such grant and subsequent construction by Avista shall
not unduly interfere with the use of such Rights -of-way. Avista shall adhere to all building and
zoning codes currently or hereafter applicable to construction, operation or maintenance of the
Gas Franchise in the Franchise Area, provided that such codes are of general applicability and
such codes are uniformly and consistently applied by City as to other public utility companies and
other entities operating in the City. The payment of any generally applicable and no n-discrimina-
tory right-of-way permit fees, street cutting fees, or development permit fees may be required in
addition to payment of the Franchise Fee herein.
In case any obstruction caused by Avista shall remain longer than ten (10) business days after
notice to remove it, or in case of neglect by Avista to safeguard any dangerous places, City may
remove such obstruction or safeguard such dangerous places at th e expense of Avista.
3.6 Emergency Work
In the event of an emergency requiring immediate action by Avista to protect the public health
and safety or for the protection of its Facilities, or the property of the City or other persons in the
Franchise Area, Avista may immediately proceed with excavation or other Right-of-way work, with
concurrent notice to the City to the extent possible.
SECTION 4.0 RESERVATION OF CITY'S RIGHTS AND POWERS
4.1 Reservation of Right
The City, in granting this Franchise, does not waive any rights which it may not have or may
subsequently acquire with respect to road rights -of-way or other property of City under this Fran-
chise, and this Franchise shall not be construed to deprive the Ci ty of any such powers, rights or
privileges which it now has or may hereafter acquire to regulate the use of and to control the City’s
roads, rights-of-way and other public property covered by this Franchise. Nothing in the terms of
this Franchise shall be construed or deemed to prevent the City from exercising at any time any
power of eminent domain granted to it under the laws of th e State.
4.2 Necessary Construction/Maintenance by City
The installation, construction, operation and maintenance of Avista's Facilities authorized by this
Franchise shall not preclude the City, its agents or its contractors, from grading, excavating, or
doing other necessary road work contiguous to Avista’s Facilities ; provided that Avista shall be
given not less than ten (10) business days' notice of said work, except in events of emergency
when there exists an unforeseen and substantial risk or threat to public health, safety, welfare, or
waste of resources, in which case the City will make reasonable efforts to contact Avista prior to
doing said work; and provided further that the City, its agents and contractors , shall be liable for
any damages, including any consequential damages to third parties, caused by said work to any
Facilities belonging to Avista.
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4.3 Expansion of Avista’s Facilities
Facilities in the City’s Franchise Area that are incidental to the Franchise Area, or that have been,
or are at any future time acquired, newly constructed, leased, or utilized in any manner by Avista
shall be subject to all provisions of this Franchise.
4.4 Change of Boundaries of the City
Any subsequent additions or modifications of the boundaries of the City, whether by annexation,
consolidation, or otherwise, shall be subject to the provisions of this Franchise as to all such
areas. The City shall notify Avista of the scope of any change of boundaries not less than thirty
(30) days prior to such change becoming effective or in accordance with applicable state laws,
and shall affirm, authorize and ratify all prior installations authori zed by permits or other action not
previously covered by this Franchise.
4.5 Removal of Abandoned Facilities
During the Term of this Franchise, or upon a revocation or non-renewal of this Franchise, the City
may direct Avista to remove designated abandoned Facilities from the Franchise Area at its own
expense and as soon as practicable, but only where such abandoned Facilities constitute a
demonstrated threat to public health and safety. Avista shall not be required to remove or pay for
the removal of facilities it has previously abandoned to another franchisee, or utility under a joint
use agreement, or Person granted permission to access Avista’s facilities.
4.6 Vacation of Properties by City
If, at any time, the City 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 reservation of a perpetual
utility easement to Avista for the purpose of constructing, reconstructing, operating, repairing,
upgrading and maintaining Avista’s Facilities that exist at the time of vacation on the affected
property. The City shall, in its vacation procedure, reserve and grant said easement to Avista for
Avista’s Facilities and shall also expressly prohibit any use of the vacated properties which will
interfere with Avista's full enjoyment and use of said easement.
SECTION 5.0 RELOCATION OF AVISTA’S FACILITIES
5.1 Relocation of Facilities Requested by City
Upon request of the City, Avista shall relocate its Facilities as necessary within the Franchise
Area as specifically designated in design plans that are no less than sixty (60) percent complete
by the City for such purpose. For purposes of this provision, all reasonable efforts shall be made
by the City, with input from Avista, to minimize the impacts of potential relocation. The City shall
provide Avista with reasonable notice of any intended or expected requirement or request to re-
locate Avista’s Facilities. Said notice shall not be less than ninety (90) calendar days prior to any
such relocation and, depending on the circumstance s, may be greater than one hundred twenty
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(120) calendar days if necessary to allow Avista sufficient time to arrange for relocation upon
consultation with the City. In cases of emergency, or where not otherwise reasonably foreseeable
by the City, the notice requirements of this Section may be shortened by discussion and agree-
ment between the Parties. The City shall use reasonable efforts to cause any such relocation to
be consistent with any applicable long -term development plan(s) of the City.
In the event a City requested relocation forces Avista off City’s existing Public Right(s) of Way
then the City shall accommodate such relocation by securing an acceptable, alternate location for
utilities and removing any obstructions, including, without limitation, trees, vegetation or other
objects that may interfere with the installation, operation, repair, upgrade or maintenance of
Avista’s Facilities on the affected Property.
If the City requires the subsequent relocation of any of Avista’s Facilities within three (3) years
from the date of relocation of such Facilities or installation of new Facilities, regardless of the
cause for either the initial or subsequent relocation, the City shall bear the entire cost of such
subsequent relocation.
Notwithstanding the above, Avista shall not be required to relocate facilities of other entities that
were abandoned to another franchisee. Such relocation of these types of facilities shall be ac-
cordance with Section 5.2 below.
Avista agrees to relocate all Facilities promptly within a reasonable time. Upon notice from the
City, the parties agree to meet and determine a reasonable relocation time, which shall not exceed
the time normally needed for construction projects of the na ture of the City’s relocation request
unless otherwise mutually agreed.
This Section shall not apply to Facilities in place pursuant to private easement held by Avista,
regardless of whether such Facilities are also located within the Franchise Area. In the event the
City requests relocation of Facilities that are in place pursuant to an existing easement, said relo-
cation shall be treated in the same manner as a relocation requested by third parties under Sec-
tion 5.2, below, with the City bearing the expense of relocation.
5.2 Relocation of Facilities Requested by Third Parties
City acknowledges that Avista is obligated to provide Gas service and related line extension or
relocation of Facilities for the benefit of its customers and to require compensation for such ser-
vices on a non-preferential basis in accordance with applicable Tariffs.
If Facilities are to be relocated at the request of or for the primary benefit of a third party, the City
shall not require Avista to relocate its Facilities until such time as a suitable location can be found
and the third party has entered into an agreement to reimburse Avista for its reasonable costs of
relocation.
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5.3 Availability of Other Funds
In the event the City applies for federal, state or other non-City funding for Right of way improve-
ment funds available in whole or in part for utility relocating purposes , the City agrees to use
reasonable efforts to apply for such funds, provided such funds do not interfere with the City’s
right to obtain the same or similar funds, or otherwise create any expense or detriment to the City .
The City may recover all costs, including internal costs, associated with obtaining such funds.
SECTION 6.0 INDEMNITY
6.1 Indemnification of City
Avista agrees to defend and indemnify the City, its appointed and elected officers and employees
or agents, from any and all liabilities, claims, causes of action, losses, damages and expenses,
including costs and reasonable attorney ’s fees, that the City may sustain, incur, become liable
for, or be required to pay, as a consequence of or arising from the negligent acts or omissions of
Avista, its officers, employees or agents in connection with Avista’s obligations under this Fran-
chise; provided, however, that this indemnification provision shall not apply to the extent that said
liabilities, claims, damages and losses were caused by or result from the negligence of the City,
elected officers and employees or agents.
6.2 Indemnification of Avista
To the extent permitted by law, City agrees to defend and indemnify Avista, its officers and em-
ployees, from any and all liabilities, claims, causes of action, losses, damages and expenses,
including costs and reasonable attorney ’s fees, that Avista may sustain, incur, become liable for,
or be required to pay, as a consequence of or arising from the negligent acts or omissions of the
City, its appointed and elected officers and employees or agents in connection with City’s obliga-
tions under this Franchise; provided, however, that this indemnification provision shall not apply
to the extent that said liabilities, claims, damages, losses and so forth were caused by or result
from the negligence of Avista, its employees or agents. This indemnification is subject to the lim-
itations of liability and procedural requirements set forth in the Oregon Tort Claims Act (ORS
30.260 to 30.300) and does not waive any defenses or immunities available to the City under
applicable law.
SECTION 7.0 FRANCHISE DISPUTE RESOLUTION
7.1 Non-waiver
Failure of a Party to declare any breach or default of this Franchise immediately upon the occur-
rence thereof, or delay in taking any action in connection therewith, shall not waive such breach
or default, but the Party shall have the right to declare any such breach or default at any time.
Failure of a Party to declare one breach or default does not act as a waiver of the Party’s right to
declare another breach or default. In addition, the pursuit of any right or remedy by the City shall
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not prevent the City from thereafter declaring a revocation and forfeiture for breach of the condi-
tions of the Franchise.
7.2 Dispute Resolution by the Parties
Disputes regarding the interpretation or execution of the terms of this Franchise that cannot be
resolved by department counterparts representing the Parties, shall be submitted to the City’s
Attorney and an attorney representing Avista for resolution. If a mutually satisfactory or timely
resolution cannot then be reached by the above process, prior to resorting to a court of competent
jurisdiction, the Parties shall submit the dispute to a non -binding alternate dispute resolution pro-
cess agreed to by the Parties.
7.3 Right of Enforcement
No provision of this Franchise shall be deemed to bar the right of the City or Avista to seek judicial
relief from a violation of any provision of the Franchise to recover monetary damages for such
violations by the other Party or to seek enforcement of the other Party’s obligations under this
Franchise by means of specific performance, injunctive relief or any other remedy at law or in
equity pursuant to Section 7.4. Any litigation between the City and Avista arising under or regard-
ing this Franchise shall occur, if in the state courts, in a court of competent jurisdiction, and if in
the federal courts, in the United States District Court for the District of Oregon.
7.4 Attorneys’ Fees and Costs
Each Party shall pay for its own attorneys’ fees and costs incurred in any dispute resolution pro-
cess or legal action arising out of the existence of this Franchise.
SECTION 8.0 GENERAL PROVISIONS
8.1 Franchise as Contract, No Third Party Beneficiaries
This Franchise is a contract between the Parties and binds and benefits the Parties and their
respective successors and assigns. This Franchise does not and is not intended to confer any
rights or remedies upon any persons, entities or beneficiaries other than the Parties.
8.2 Force Majeure
In the event that Avista is delayed in or prevented from the performance of any of its obligations
under the Franchise by circumstances beyond Avista’s control (Force Majeure) including, without
limitation, third party labor disputes, fire, explosion, flood , earthquake, power outage, acts of God,
war or other hostilities and civil commotion, pandemic, epidemic, or cyberattack, then Avista’s
performance shall be excused during the period of the Force Majeure occurrence. Avista will use
all commercially reasonable efforts to minimize the period of the disability due to the occurrence.
Upon removal or termination of the occurrence Avista will promptly resume performance of the
affected Franchise obligations in an orderly and expeditious manner.
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8.3 Prior Franchises Superseded
As of the Effective Date this Franchise shall supersede all prior gas franchises for the Franchise
Area previously granted to Avista or its predecessors by City, and shall affirm, authorize and ratify
all prior installations authorized by permits or other action not previously covered by prior Fran-
chise. Termination of the prior Franchise shall not, however, relieve the Parties from any obliga-
tions which accrued under said Franchise prior to its termination, including but not limited to, any
outstanding indemnity, reimbursement or administrative fee payment obligations.
8.4 Severability
The Franchise is granted pursuant to the laws of the State of Oregon relating to the granting of
such rights and privileges by City. If any article, section, sentence, clause, or phrase of this Fran-
chise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the
validity of the Franchise or any of the remaining portions. The invalidity of any portion of this
Franchise shall not abate, reduce, or otherwise affect any obligation required of the City and
Avista.
8.5 Changes or Amendments
Changes or amendments to this Franchise shall not be effective until lawfully adopted by the
City and agreed to by Avista.
8.6 Supremacy and Governing Law
This Agreement shall be interpreted, construed and enforced in all respects in accordance with
the laws of the State of Oregon. In the event of any conflict between this Franchise and any City
ordinance, regulation or permit, the provisions of this Franchise shall control. In the event of a
conflict between the provisions of this Franchise and Avista’s applicable Tariff on file with the
Commission, the Tariff shall control. In the event a conflict exists between the terms of this Fran-
chise and Avista’s Tariff with the Commission that cannot be resolved, Avista may suspend or
abandon the rights and obligations of this Franchise upon reasonable notice to the City .
8.7 Headings
The headings or titles in this Franchise are for the purpose of reference only and shall not in any
way affect the interpretation or construction of this Franchise.
8.8 Acceptance of Franchise
Avista shall, within thirty (30) calendar days after passage of this Resolution, file with the City
Recorder, its acceptance of the terms and conditions of this Franchise.
8.9 Abandonment or Suspension of Franchise Rights and Obligations
Avista may at any time abandon the rights and authorities granted hereunder, provided that six
(6) months’ written notice of intention to abandon is given to City. In addition, pursuant to Section
8.6 and in the event a conflict exists between the terms of this Franchise and Avista’s Tariff with
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Avista Utilities – Central Point 2026 Franchise Agreement Resolution No. 1873 Page 13 of 15
the Commission that cannot be resolved, Avista may suspend or abandon the rights and obliga-
tions of this Franchise upon reasonable notice to the City.
8.10 Venue
This Franchise Agreement has been made entirely within the state of Oregon. If any suit or action
is filed by any party to enforce this Franchise Agreement or otherwise with respect to the subject
matter of this Agreement, venue shall be in the federal or state courts in Jackson County, Oregon.
City’s Language Attesting to Approval and Passage of the Resolution
PASSED by the City Council on June 11, 2026
ATTEST:
___________________________________
City Recorder, City of Central Point
APPROVED by me on ________________________________, 2026
___________________________________
Mayor, City of Central Point
Date of Publication: __________________________________, 2026
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6/12/2026
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Letter of Acceptance by Avista
HONORABLE MAYOR AND CITY COUNCIL
CITY OF CENTRAL POINT, COUNTY OF JACKSON, OREGON
IN RE: City of Central Point Resolution No. 1873
“Granting a Franchise to Avista Corporation for the Construction, Operation and
Maintenance of Natural Gas Facilities within the City.”
Avista Corporation dba Avista Utilities, for itself, its successors and assigns, hereby accepts the
terms and conditions of the Franchise Agreement contained in the subject Resolution and files
this written acceptance with the City of Central Point. This acceptance is executed on
_______________________, 2026.
Avista Corporation dba Avista Utilities
By: ______________________________
Heather Rosentrater
President and CEO, Avista Corporation
Copy Received for the City of Central Point
On: ______________________________
By: ______________________________
______________________________
City Representative - Name
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Gas Franchise Resolution Summary for Publication
NOTICE: CITY OF CENTRAL POINT
PROPOSED FRANCHISE RESOLUTION NO. ______________ SUMMARY
Resolution No. ____________ will grant Avista Corporation dba Avista Utilities a non -exclusive
public utility franchise to locate, construct, install, own, maintain, repair, reconstruct, operate and
use facilities within the City’s public right of way [the Franchise Area] for the purposes of the
storage, transmission, control and distribution of natural gas within the City for a term of ten (10)
years. Avista agrees to meet accepted industry standards and conform with applicable federal
and state laws, as well as the regulations of the appropriate state regulatory body with jurisdiction,
in the conduct of its operations under the Franchise. The City re serves the right to make reason-
able rules and regulations pertaining to the conduct of Avista’s operations within the Franchise
Area. Avista must not interfere with any existing facilities of other utilities. Avista is authorized to
make necessary excavations within the Franchise Area; excavations must be carried out with
reasonable dispatch, and the area restored, with as little interference to the public as m ay be
reasonable. Avista must relocate its facilities in the franchise area at the City’s request. Avista
may remedy encroachment of vegetation in connection with franchised activities. Provisions are
made for informal dispute resolution.
(Final Reading of Resolution No. ______________ is anticipated to be held before the Central
Point City Council on_____________________, 2026 at __________ p.m. in the City Council
Chambers).
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