Ordinance No. 348

AN ORDINANCE GRANTING a non-exclusive franchise to PEND OREILLE ELECTRIC COOPERATIVE, INC., a non-profit corporation organized under the laws of the State of Washington, and to its successors and assigns, to occupy and use a route hereinafter designated and described along the streets, alleys, bridges and other public property of the Town of Newport with facilities for the transmission of electric power, for a term of thirty-five (35) years subject to prior termination under certain conditions; providing for payment to the Town of compensation for the exercise of said Franchise and specifying other limitations, terms and conditions governing the exercise of said franchise.

BE IT ORDAINED by the Council of the Town of Newport of Pend Oreille County, Washington:

1) that PEND OREILLE ELECTRIC COOPERATIVE, INC., a non-profit corporation organized under the laws of the State of Washington, its successors and assigns, sometimes hereinafter called the “Grantee”, be and it is hereby granted, for the term of thirty-five (35) years from the date when this ordinance becomes effective, unless sooner terminated as herein provided, the full right, power and authority to establish, construct and maintain, extend and operate, over, along, across and under the streets, alleys, bridges and other public property within and without the corporate limits of the Town of Newport in Pend Oreille County, Washington, as hereinafter designated and described, appurtenances and equipment used or to be used for the purpose of an electric transmission system only including all poles, towers, wires, underground conduits and lines, wires, and cables, vaults and manholes, for the installation, storage, operation and maintenance of electrical equipment so used or to be used. Said right and franchise shall be non-exclusive and pursuant thereto the Grantee, its successors and assigns may maintain and operate such above described facilities over and along the following route, within and without the Town:

Beginning at a point just West of the intersection of the South boundary of the city limits of the Town of Newport, and the Washington-Idaho state line; thence northerly along said Washington-Idaho state boundary to the north city limits of the Town of Newport.

Beginning at a point just South of the Northeastern corner of Washington Avenue and the north city limits of the Town of Newport at Willow Street; then westerly along the South side of Willow Street to the westerly line of the city limits in Warren Avenue, as extended; thence southerly along the East line of Warren Avenue, as extended, to the North side of Larch Street; thence westerly across Warren Avenue to the city limits.

Beginning at a point approximately two hundred fifty feet (250’) North of the Southeast corner of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) in Section 13, Township 31 North, Range 45 EWM in the County of Pend Oreille, and the State of Washington; thence proceeding Southwesterly to join the General Telephone Company line, which point of intersection is approximately two hundred fifty feet (250’) West of said Southeast corner of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 13, Township 31 North, Range 45 EWM in the County of Pend Oreille, and the State of Washington. Said General Telephone Company line is approximately seventy-five feet (75’) South of the city reservoir of the Town of Newport.

Over and along the above described routes, the Grantee, its successors and assigns, is granted the right to the use of an indeterminate area of land reasonably necessary for the erection and maintenance of its equipment and facilities above described.

2) PEND OREILLE ELECTRIC COOPERATIVE, INC., its successors and assigns, is granted the right during the life of this franchise to cut and trim any and all trees growing in or over the street or alleys of the said Town of Newport, Pend Oreille County, Washington, that might or may interfere with any wires, poles, conduits or other apparatus of the Grantee, its successors and assigns.

3) All of the Grantee’s electric property and facilities shall be constructed and at all times maintained in good order and condition to avoid television and radio interference and in accordance with standard electrical engineering practice and with all lawful governmental regulations.

4) The Grantee herein, its successors and assigns, shall have and is hereby given the right to make excavations and obstructions along the above described route, for the purpose of building, erecting, repairing or changing any of the poles, wires, conduits, cross-arms or other appliances or apparatus used or to be used in connection with the above purposes. PROVIDED, HOWEVER, that if and whenever the said Grantee, its successors or assigns, shall excavate in or obstruct any of the streets, alleys, or bridges along said route for the purposes aforesaid, it shall return the same to the order and condition they were in before they were excavated or obstructed, as soon as practical and within a reasonable time after such excavation or obstruction.

5) The said Grantee, its successors or assigns, on request of the Council of the Town shall remove or raise its wires when necessary to permit the movement of any house or building over and along the streets, alleys, bridges and other public property of the Town; PROVIDED, that the party to whom a permit has been granted to move any such building, on, over and along any of the streets, alleys, bridges and other public property of said Town shall pay to the Grantee hereunder, its successors or assigns, the cost incurred in removing, changing and/or replacing the wires of the Grantee, its successors or assigns.

6) The Grantee, its successors or assigns, in the exercise of the rights and privileges herein granted, shall erect poles and wires and build conduits in such manner as not to interfere with the free and unobstructed use of the streets, alleys, and bridges of the Town.

7) The Grantee shall at all times indemnify and hold the Town harmless from any and all accidents or liabilities arising from or by reason of any negligent act or omission of the Grantee, its representatives or employees, in the construction, operation or maintenance of any of the Grantee’s electric utility property or facilities.

In the event any judgment is recovered against the Town for any such liability, such judgment shall be conclusive against the Grantee, not only as to the amount of such damage, but as to its liability, provided reasonable notice in writing of the pendency of such suit shall be given to the Grantee.

8) As compensation to the Town for the right and franchise hereby granted, the Grantee shall upon approval of this franchise and the construction of the electric transmission line herein described construct a service line to the dump of the Town of Newport and shall furnish free of charge not in excess of 60 KWH of electricity per month during the term of this franchise.

9) The franchise hereby granted may be revoked and forfeited by the Town by a duly enacted ordinance thereof in the event the Grantee shall fail, after reasonable notice or demand in writing signed by the Mayor, to comply with any of the terms, conditions or obligations imposed upon the Grantee hereunder.

10) This ordinance shall become effective on June 17th, 1955, and remain in force and effect for thirty-five (35) years thereafter until June 16, 1990, subject to termination as hereinabove provided; PROVIDED, that this franchise shall not become effective unless and until the written acceptance of this ordinance by the PEND OREILLE ELECTRIC COOPERATIVE, INC., signed by its proper officers, shall be filed with the Town Council prior to June 17, 1955.

Introduced and read the first and second times, the 6th day of June, 1955. Read the third time, the 15th day of June, 1955.

Passed by Town Council the 15th day of June, 1955.