Chapter 11.03
ELECTRIC POWER TRANSMISSION – UNITED STATES OF AMERICA

Sections:

11.03.040  Right granted – Expires 2011.

11.03.080  Conditions of grant.

11.03.040 Right granted – Expires 2011.

The city of Ellensburg does hereby grant unto the United States of America and its assigns the right and privilege for a term of 50 years to construct, operate and maintain one or more electric power transmission circuits together with all necessary equipment and facilities appurtenant thereto that may be necessary or convenient for the efficient operation and maintenance of said electric power transmission circuits, over and across the property of the city of Ellensburg as follows:

The centerline of the Bonneville Power Administration's electric power transmission circuit crosses the underground water line of the city of Ellensburg at BPA survey station 1857+75.7 in the northeast quarter of the northeast quarter of the northeast quarter of Section 34, Township 18 North, Range 18 East, Willamette Meridian, Kittitas County, Washington.

The exact location and manner of construction of said electric power transmission circuits, together with a more particular description and explanation thereof, is set forth on drawing, serial number 38635, on file in the office of the clerk of the city of Ellensburg, Washington. [Ord. 2482 § 1, 1961.]

11.03.080 Conditions of grant.

The foregoing grant is made subject to the following conditions:

A. The United States of America or its assigns shall give to the city of Ellensburg a 10-day written notice of its intention to construct, operate and maintain any additional electric power transmission circuits not herein described.

B. All work performed and material used in construction, operation and maintenance of the said electric power transmission circuits and the necessary equipment and facilities appurtenant thereto shall be in accordance with the applicable state laws and the specifications, rules and regulation in the latest edition of and supplements to the National Electrical Safety Code now or hereafter to be formulated or promulgated by the United States Bureau of Standards.

C. All cost of construction, operation and maintenance of said electric power transmission circuits shall be paid by the United States of America or its assigns.

D. If at any time it becomes necessary in the opinion of the city of Ellensburg to change the location, elevation or type of construction of said electric power transmission circuits and appurtenances, such change will be made by and at the expense of the United States of America or its assigns within the limits of appropriations available therefor.

E. Any and all damage or injury done or cause to any of the said property of the city of Ellensburg in the construction, operation and maintenance of the said electric power transmission circuits shall be immediately repaired and reconstructed by the United States of America or its assigns within the limits of appropriations available therefor and in a manner satisfactory to the city of Ellensburg.

Upon the failure, neglect or refusal of the United States of America or its assigns to immediately make the necessary repairs or reconstruction of the properties of the city of Ellensburg as herein required of the United States of America or its assigns, the city of Ellensburg may undertake to perform and complete such repairs and reconstruction and the cost thereof will, within the limits of the appropriation then or thereafter available therefor, be paid by the United States of America or its assigns upon the presentation of the properly executed vouchers therefor; provided, however, that the city of Ellensburg shall submit an estimate of the cost of such repairs or reconstruction to the United States of America, Department of the Interior, acting through the Bonneville Power Administrator at Portland, Oregon, and shall obtain the approval of the Bonneville Power Administrator of the cost thereof before making any such repairs or reconstruction; provided further, that if in an emergency, the determination of which rests with the city of Ellensburg, it becomes necessary for the city of Ellensburg to make such repairs or reconstruction without having thus obtained the approval of the cost thereof, the United States of America shall not be required to make any payment therefor unless the sum expended or some lesser reasonable sum shall be later approved by the United States of America herein provided. [Ord. 2482 § 2, 1961.]