Chapter 15.28
WASHINGTON NATURAL GAS FRANCHISE

Sections:

15.28.010    Definitions.

15.28.020    Franchise term.

15.28.030    Council reservation of rights.

15.28.040    Permit requirements.

15.28.050    Plan and record requirements.

15.28.060    Material, equipment and safety requirements and payments of costs incurred by city.

15.28.070    Construction conditions and bonding requirements.

15.28.080    Hold harmless requirement.

15.28.090    Relocation of facilities – When required.

15.28.100    Nonexclusive franchise.

15.28.110    Provision to successors and assigns.

15.28.120    Forfeiture of rights.

15.28.010 Definitions.

The following definitions are provided for the sole purpose of proper interpretation and administration of this franchise:

A. “City” means the city of Mercer Island, Washington, a municipal corporation.

B. “Grantee” means the Washington Natural Gas Company, a Washington corporation, its successors, assigns, agents and contractors.

C. “City property” includes but is not limited to city rights-of-way, streets, avenues, highways, thoroughfares, parkways, roads, alleys, lanes, bridges, curbs, sidewalks, walkways, trails, easements, public places and ways.

D. “City facilities” includes but is not limited to city streets, traffic signals, lighting, curbs, sidewalks, trails, walkways, street trees and landscapings, street furniture, sanitary sewers, storm drains, drains, water mains and appurtenances thereto.

E. “Grantee facilities” includes but is not limited to gas pipes, pipelines, service lines, mains, laterals, conduits, feeders, regulators, meters, fixtures, connections and/or all attachments and appurtenances necessary and incidental thereto and in any way pertaining to the distribution of gas.

F. “Private facilities” includes all private improvements on city property.

G. “Construct” or “construction” means and includes all work to lay, drill, dig, jack, construct, reconstruct, extend, maintain, repair, renew, replace and operations incidental thereto. (Ord. A-44 § 1, 1985).

15.28.020 Franchise term.

A nonexclusive franchise is granted to the grantee. The grantee is granted the right to construct grantee facilities under, along and/or across city property and all territory hereinafter lawfully annexed; and to use and occupy city property for the purpose of therein constructing grantee facilities for the transmission and sale and distribution of gas within and through the present or future territorial limits of the city for the term of 25 years commencing the effective date of city of Mercer Island Franchise Ordinance No. A-44, January 16, 1986. (Ord. A-44 § 1, 1985).

15.28.030 Council reservation of rights.

Rights herein granted shall be subject to and governed by this franchise; however the city council expressly reserves unto itself all of its police power authority to adopt ordinances which are necessary for the protection and the safety and welfare of the public in relation to the rights hereby granted and which are not inconsistent herewith. (Ord. A-44 § 1, 1985).

15.28.040 Permit requirements.

The location, depth and grade of all grantee facilities on city property and private property shall be determined and fixed by the city engineer except if in conflict with federal law. Before any construction is done by the grantee under this franchise, it shall first obtain a permit from the city to do such construction after filing an application, accompanied by drawings showing the position and location of all such grantee facilities sought to be constructed and their relative positions to the center line of paved existing streets, avenues, roads, alleys and lanes on city property and/or the edge of rights-of-way and easements at other locations as determined by the city engineer. All applications shall be in a form and substance satisfactory to the city engineer. (Ord. A-44 § 1, 1985).

15.28.050 Plan and record requirements.

The grantee shall at all times keep full and complete plans, plats, specifications, profiles and records showing the location, installed depth and size of all grantee facilities constructed in the city, both before and after the effective date of this franchise. Such plans, plats, specifications and records shall be kept current semiannually by the grantee to show thereon the exact location of all additional grantee facilities hereinafter constructed by the grantee. These records shall be subject to inspection at all reasonable times by the proper officials and agents of the city, and a copy of these plans, or plats and specifications shall be furnished to the city upon its request. Permit information shall be furnished in a form satisfactory to the city engineer. Grantee agrees to pothole or otherwise determine exact depths and locations of its facilities to aid in the design of public improvement projects, upon request, when such determinations are pertinent to the proposed work. Grantee agrees to mark its facilities for construction in accordance with state laws. (Ord. A-44 § 1, 1985).

15.28.060 Material, equipment and safety requirements and payments of costs incurred by city.

The grantee in its permit application shall specify the class and type of material to be used and the equipment to be used and the mode of safeguarding and facilitating public traffic during construction. All such material, equipment and construction shall meet with the approval and pass all requirements of the city engineer, and the grantee shall pay to the city all costs of and expenses incurred in the examination, inspection and supervision of such work on account of the granting of said permit, including the work described in MICC 15.28.040 and 15.28.070. (Ord. A-44 § 1, 1985).

15.28.070 Construction conditions and bonding requirements.

A. After the completion of permitted construction the grantee shall leave all city facilities in as good and safe condition as they were before the commencement of such construction by the grantee, so far as practicable. In case of any damage to city and/or private facilities by the grantee, the grantee shall immediately repair said damage at its sole cost and expense. If the grantee fails to make repairs after written request by the city, and in cases requiring immediate repairs where immediate action is necessary to prevent damage to life or property, the city manager or his designee may order and have done any and all work considered necessary to restore city and private facilities to a safe and satisfactory condition acceptable to the city and the grantee, upon demand, shall pay to the city all costs of such construction or repair.

B. Before undertaking any of the construction of grantee facilities authorized by this franchise, the grantee, shall, on request by the city, furnish a bond executed by the grantee and a corporate surety authorized to do a surety business in the state of Washington, in a sum to be set and approved by the city manager or his designee in an amount sufficient to insure performance of the grantee’s obligations under this franchise, conditioned that the grantee shall well and truly keep and observe all of the covenants, terms and conditions and faithfully perform all of the grantee’s obligations under the franchise, shall correct or replace forthwith, on receipt of notice thereof, any defective construction work or materials used in the replacement of the city and private facilities discovered within a two-year period of the date of construction and acceptance of such repaired streets by the city, and shall restore the city and private facilities to the condition in which they existed prior to any commencement of construction thereon by the grantee, where the change was occasioned by the construction being performed thereon by the grantee, within the period of time specified by the city engineer or his designee in the permit issued for such construction. (Ord. A-44 § 1, 1985).

15.28.080 Hold harmless requirement.

The grantee, by the acceptance of this franchise, agrees, for itself, its successors and assigns, to indemnify, protect and hold harmless the city from any and all liabilities, fees, costs and damages, whether to persons or property or expense of any type or nature which may accrue by reason of negligent, faulty or improper design or construction of grantee facilities, or by the improper occupation of any city property or private property by the grantee, or by reason of the negligent, improper or faulty manner of safeguarding any construction. In case suit or action is brought against the city for damages arising out of or by reason of any of the above mentioned causes, the grantee, its successors and assigns, shall, upon notice to it of the commencement of the action, defend the same at its or their sole cost and expense; and in case judgment shall be rendered against the city in such suit or action, the grantee shall fully satisfy the judgment within 90 days after the suit or action has finally been determined adversely to the city, provided the grantee shall have the right to employ its own counsel in any cause or action and be given the management of the defense thereof. (Ord. A-44 § 1, 1985).

15.28.090 Relocation of facilities – When required.

If at any time the city deems it advisable to improve any city property in which the grantee’s facilities are installed by the grading, regrading, or installing, repairing, or relocating city facilities or finds or discovers grantee facilities in conflict or in contact with existing city facilities the grantee, upon written notice by the city, shall at its own expense raise, lower, move or remove its line of pipes and facilities so as to conform to such new grades as may be established, or place said pipes in such location or position as shall cause the least interference with any such improvement or existing city facilities and the city shall not be held liable for any damages to the grantee that may occur by reason of such relocation, provided the grantee shall be required to relocate its facilities only if they interfere with such improvement or existing city facilities and no alternative plan or solution is reasonably feasible. (Ord. A-44 § 1, 1985).

15.28.100 Nonexclusive franchise.

This grant shall be nonexclusive and shall not prohibit the city from granting other franchises of a like nature or franchises for other public or private utilities over, along, across, under and upon any of such city property and shall not prohibit or prevent the city from using city property for all proper public purposes with full power to make all necessary changes, relocations, repairs, maintenance, etc. of same as the city may deem proper. (Ord. A-44 § 1, 1985).

15.28.110 Provision to successors and assigns.

All of the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the grantee, and all privileges of the grantee shall inure to its successors and assigns. (Ord. A-44 § 1, 1985).

15.28.120 Forfeiture of rights.

Upon failure of the grantee to comply with any of the provisions or conditions hereof, or of any provisions, restrictions or limitations contained in the City Code, the state law of the state of Washington or ordinances of general application of the city within 30 days after service of notice on grantee to comply with any such provisions, conditions, restrictions or limitations, made and served by order to the city manager or his designee, the city council may declare by ordinance an immediate forfeiture of this franchise, and the council may in such case declare and enforce such forfeiture. (Ord. A-44 § 1, 1985).