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HomeMy WebLinkAboutOrdinance 1671ORDINANCE NO. ~~ AN ORDINANCE GRANTING TO WP NATURAI, GAS A FRANCHISE IN THE CITY OF CENTRAL POINT, OREGON THE PEOPLE OF THE CITY OF CENTRAL POINT, DO ORDAIN AS FOLLOWS: Section 1. There is hereby granted to WP Natural Gas, a division of the Washington Power Company, its successors a.nd assigns, hereinafter called "Grantee" the right, privilege and franchise to lay and construct, and to thereafter operate, and maintain, repair and/or replace a system of conduits and pipe lines, together with such fixtures and appurtenances as the Grantee may deem necessary or convenient in connection therewith, in, under, along, or across al.l streets, highways and/or alleys, or other public ways, all hereinafter r.alled "premises" in the City of Central Point, County of Jackson, State of Oregon, hereinafter called "City", for the purpose of transmitting and/or distributing gas to the public for light, heat, fuel, power, or a.ny other lawful purpose. Section 2. The system of conduits, pipe lines, and other fixtures or appurtenances installed by Grantee shall be laid or installed so that the top of said pipe shall be at a depth of not less than eighteen (18) inches beloor the established or official, grade of the premises; provided, however, that in cases where grades have not been established, such pipes shall be laid at a depth of not less than thirty (30} inches below the existing surface of the premises; and provided further, that the City hereby reserves to itself the right to change or establish the grade of any of the premises, and to require the Grantee to l.ay or relay a.ny of the said pipes or other equipment laid therein, to the proper depth, so that the same when so laid, shall conform to such grade or grades as changed or established. All pipes laid and the operations of Grantee shall also be in conformity with the rules and regulations of all duly constituted authorities having jurisdiction of the matter. Section 3. It is especially understood and agreed that the City has already laid and will continue to lay, in the premises, water mains and sewer mains, and may, during the life of this franchise, desire to lay and maintain pipes a.nd other apparatus for other municipal projects. Upon notification by the City, the Grantee, at its own expense, will change the location of its pipe l.i.nes to conform orit.h the necessary location. or relocation of the main pipe lines of the City's muni.ci.pal water, or sewer system, 1 - ORDINANCE N0. //~',7/ (042092) or other public wor}c s; and the City agrees, on its behalf, that in making any new location or relocation of such worl~s, it wiJ.l, so far as the public interest: justifies, take into consideration the location of the Grantee's system as establi.sh.ed or platted and filed with the City. Section 4_. It shall be lacaful f.or and the right is hereby granted to the Grantee to make all needful excavation in any of the premises for the purposes of J.ayi_ng down, maintaining, repairing, replacing, and/or operating i.ts conduits, pipe lines, or other fixtures or appurtenances installed for the purpose aforesaid. Section 5. Whenever the Grantee shall d:i.sturb any of the streets, alleys, avenues, roads, highways, thoroughfares, parkings, bridges, and sidewalks or either, of the City, for the purpose aforesaid it shall restore the same to good order and condition as soon as practicable and without any unnecessary delay and shall be responsible for maintaining the same in good order and condition for 12 months after the date of such restoration, at the cost and expense of Grantee; and on failure to do so, the City shall have the right to fix a reasonable time within which such installation, replacement, or restoration shall be completed, not exceeding 30 days, nor less than 5 days; and upon the failure of the Grantee to make such installation, replacement, or restoration, the City shall cause the same to be made at the expense of the Grantee, and any expense thus incurred sha}.1 be a lien upon the property and apparatus of the Grantee located within the City and shall be entered in the city lien docket, and be enforced in the same manner as city liens are enforced by the grading or otherwise improving of streets; provided, however, that except in case of emergency, Gs:antee shall not disturb any of the streets, alleys, avenues, roads, highways, thoroughfares, parkings, bridges, or sidewalks of the City within. five years after the resurfacing of the same by the City. City shall give Grantee notice of impending resurf.a.cing projects so as to allow Grantee sufficient. time to perform necessary work before such time as City shall resurface. Provided further that no excavation or part of any excavation made for the purpose of laying pipes or other apparatus or repair of same, under this franchise, in the main public streets or highways shall be permitted to remain open longer than five (5) days after the excavation is made, nor made without first notifying the City, and provided further that all excavations provided for herein shall be filled up and the premises shall be restored fully and in every respect to their former condition. The City shall give prompt notice to the Grantee of its failure to make proper restoration or repairs as herein provided. 2 - ORDINANCE NO. / 7 (042092) Section 6. Por the mutual r.onveni.enc~-~ of the part:l.es, and to assist the City i.n keeping and mainta:ini.ng its records of pipes and other apparatus underground within the city limits, and in making its plans for the location, extension, or relocation. of any mains used by it, Grantee shall, prior to t. h. e. r..ommencement. of the construction of its distribution system, present to the C:i.ty a map showing the proposed location, size, and depth of the pipes and mains in the premises, which locations shall be a.t once examined and approved by the City or its authorized agent, and the map, as approved, filed with the City Administrator. Such map may be for the whole r.ity or for any dist.ri_r.t or portion thereof i.n which it i.s i.mmediately proposed to r.arry on construction wor}c. The City, or its authorized agent, may require reasonable revisions in said plan or plans and all future alterations or additions thereto shall likewise be subject to reasonable revisions by the City or its authorized agent before approval.. No work except emergency repairs shall be undertaken by the Grantee until it has complied with the provisions of this section of the franchise. Where pipes or other apparatus is constructed underground in a position or location substantially different from the location as planned, Grantee shall furnish an additional map to City showing the locations as they are i.n fact. built, or in the alternative, Grantee shall maintain the records showing the facilities as built in the office of Grantee i.n Medford, Oregon, and shall make said records available to the City, or its designee at reasonable times. Section 7. Nothing in this ordinance shall be construed in. an.y way to prevent the proper authorities of. the City from sewering, grading, paving, planking, replacing, repairing, or otherwise altering any of the premises; but all such work shall be done, if practicable, so as not t.o obstruct, impair, or pr. even t. the free use of said pipes or other apparatus of the Grantee, and the installation of the works of. the Grantee shall in no way obstruct, impair, or prevent the free use of any underground works previously installed by any other franchise holder. Section 8. In consideration of the px'ivilege and franchise granted by this ordinance, the Grantee shall assume all liability and risk for damage to persons or property which may arise from construction, repair, or operation of any or all of i.ts plants or appliances connected therewith and frorn the excavation of any of the premises, and the installation, maintenance, and use of any pipe mains or conduits pursuant to the provisions of this franchise, and shall save the City harmless from and indemnify the City against any and all liabilities, claims, actions, suits, 3 - ORDINANCE N0. ~ (042092) loss, expenses, or damage that may arise or be incurred t)~eref.rom and the installation, operation and maintenance thereof. The Grantee shall provide and ]seep i.n force and effect. policies of ].i.abil.ity insurance to ef.fertuate said n~.trposes, and shall. rna.lce such policies available f.or inspection by City upon request. Section 9. The Grantee covenants and. agrees, with the City that. in consideration of: the granting to i. 1: of the righi:s anal privileges embraced in this ordinance, and for all business or occupa.ti.onal taxes, license, franchise or. constructiort permit. fees, it will pay to the City t.h.e fol.lowi.ng percentages, effective June 24 of each year, of the gross axanual revenues, a.s defined below, derived from service to its patrons hereafter located within the City: 1992 - 3-1/2a 1993 - 40 1994 - 4-1/2$ ].995 - 5% 1996 - Percentage to be readjusted on an.nua.l basis, effective June 24 of each year. Said percentage shall be paid in monthly installments no later than fifteen (,15) days after the end of. the period covered by the payment, and. Grantee will furnish the City at the end of each such period a verified statement of its gross revenues and that it will allow the inspection of ita books a. t. a.ll reasonable ]-tours upon demand of the City. Except. as otherwise provided herein., "gross revenues" shall mean revenues received from operations within the City less net uncol].ectibles. Gross revenues shall include revenues from the use, rental or lease of operating facilities other than residential space and water heating equipment. Gross revenues shall not include proceeds from the sale of bonds, mortgages, or other evidence of indebtedness, securities or stocks, sales a. t. wholesale to another utility orhen the utility purchasing the service i.s not the ultimate con.surner, revenue paid directly by the United States of America or any of its agencies or revenues paid by the City. Section 10. The City does hereby designate, as provided by statute, the Public Utility Commissioner of the State of Oregon, who shall have power on behalf of the City to determine what rates, charges, and fees for compensal:ion made, charged, or demanded by Grantee, are unjust, unreasonable, insufficient, or unjustly discriminatory or preferential., and to fix those which are just, reasonable, and sufficient; the City reserving unto itself any and all rights which it now has or may herea.f.ter be granted by the stati_ttes of the State of Oregon for the designation of any person, commission, or other. entity, to represent it a.nd the people of the City in determining the fairness and reasonableness of any and all rates of the Grantee. 4 - ORDINANCE N0. ~L,L (042092) Section 11. The term of the franchises hereby granted shall cornmence on the effective date of this ordinance and shall continue in effect. from said time for a period of.. ].0 years ar until the same shall be forfeited f.or non-compliance by the Grantee with it.s terms. Section 12. In case of suit or act:i.on to enforce any ri.ghte; arising under this ft:anchise, :it is mtziually agreed t1La.t. the. prevailing party in any such suit. or act.i.on shall be entitled to reasonable attorney fees as set by the court t.herei.n, including any appeals. Section 13. This ordinance shall be effective on June 24, 1992; however., i.t shal]. be inoperative unless endorsed below by the Grantee, and filed orith the City Recorder within thirty (30) days aft.er.- its passage. Passed by t:he Counc:Ll and i.ts passage this ~[J''4 day of signed by me in aut:hentica.tion oL _ 1992. ~~1~' Mayo.~Rog'er Westensee ATTEST: City Rep -sentativ~ Approved by me. this ~~day of ~„`~ ]_992. /7 I~iay~ Roger Westensee Accepted by WP Natural Gas, a division of the Washington Power Company. ~y-~ R~ T i t l e CC ~~ P rg ~~~r fir;' i'• 5 - ORDINANCE N0. ~/,~/ (042092)