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Ordinance No. 62-07 ORDINANCE NO. (0 7 AN ORDINANCE GtWTING A YVCfi LC0W 7lvfi u� 'viiLIil iiviiiC}u`.+a TO NOM WkW 11L4TUP.".T...GAS C M'PA14g;'AN!) F-aIvG TSii--, CONDITIC3Tu Ai"D COMPENSATION OF.SUCH FRANCHIPT. IT IS ORDAnm a vm, COUNCIL OF THE CITY OF TIGARD: Section 1 Definitions and Explanations. (1) As used in this ordinance; (a) "Bridge" includes a structure erected within the City to facilitate the crossing of a river, stream, ditch, ravine or other place, but does not include a culvert. (b) "City" means the City of Tigard, and the area within its boundaries, including its boundaries as extended in the future. (c) "Council" means the legislative body of the City. (d) "Grantee" means the corporation referred to in Section 2 of this ordinance. (e) Gas mains, includes all gas transmission and distribution facilities located on or under any street, bridge or public place within the City. (f) "Person" includes an individual, corporation, association, firm, partnership and joint stock company. (g) "Public place" includes any city-owned park, place or grounds within the City that is open to the public but does not include a street or bridge. (h) "Street" includes a street, alley, avenue, road, boulevard, thoroughfare or public highway within the City, but does not include a bridge. (2) As used in this ordinance, the singular nsmber may include- the ncludethe plural and the plural number may include the singular. (3) Unless otherwise specified in this ordinance, any action authorized or required to be taken by the City may be taken by the Council or by an official or agent designated by the Council. Section 2. Rights Grauted. Subject to the conditions and reservations contained In this ordinance, the City hereby grants to NORTHWEST NATURAL GAS COMPANY, a corporation, the right; privilege and,franchise to; (l) c-n-.ts^,:^.t, maintain and _gate a ga$ utility system e within the City. (2) Install, maintain and operate on and under the streets and bridges and public places of the City, facilities for the transmission and distribution of gas to the City and its inhabitants and to other customers and territory beyond the limits of the City; and (3) Transmit, distribute and sell gas. 62 , 7 , Section S, UFe of Bridges and Public Places bGrantee. (1) Before the Grantee may use oi; acc—apy any bridge car p?-Iblie plwae, the Grantoe shall first obtain permission from the City so to do and shall comply with any special conditions the City desires to impose �-^ on such use or occupation, (2) 'The cor*ensation paid by the Grantee for this franchise includes compensation for the use of bridges and public places located within the City as authorized. Section 4. Duration. This franchise is granted for a period of twenty 20 years from and after the effective date of this ordinance. Section Franchise not Exclusive. This franchise is not exclusive, and shal5 not be construed as a limitation on the City in: (1) Granting rights, privileges and authority to other persons similar to or different from those granted by this ordinance. (2) Constructing, installing, maintaining or operating any city-owned public utility. Section 5, Public Works and Improvements not Pxrected by Franchise. The City reserves the right to: (1) Construct, install, maintain and operate any public improvement, work or facility. (2) Do any work that the City may find desirable on, over or under any street, bridge or public place. (3) Vacate, alter or close any street, bridge or public place. (4) Whenever the City shall excavate or perform any work in any of the present and future streets, alleys and public places of the City, ur shall contract, or issue permits, for such excavation or work where such excavation or work may disturb Grrntee's gas mains, pipes and appurtenances, the City shall, in writings notify Grantee suYi'icieiitly in advance of such contemplated excavation or work to enable Grantee to take such measures as may be deemed necessary to protect such gas mains, pipes, and appurtenances from damage and possible inconvenience or injury to the public. In any such case, the Grantee, upon request, shall furnish maps or drawings to the City or contractor, as the case may be, shor.°ing the apprao.mate location of all its structures in the area ;nvolved in such proposed excavation or other work. (5) Whenever the City shall vacate any street or public place for the convenience or benefit of any person or governmental agency and instrumentality other than the City, Grantee's rights shall be preserved as to any of its facilities then existing in such street or public place. Section T. Continuous Service. The Grantee shall maintain and operate an adequate system for the distribution of gas in the City. The Grantee shall use due diligence to maintain continuous and uninter- rupted 24-hoar a d y service which shall at all times conform at least to the standards common in the business and to the standards adopted by state authorities and to standards of the City which are not in conflict with those adopted by the state authorities. Under no cir- cumstances shall the Grantee be liable for an interruption or failure of service caused by act of God, unavoidable accident, or other circum- stances beyond the control of the Grantee through no fault of its own. Section 8. Safety Standards and Work Specifications. (1) The facilities of the Grantee shall at all times be main- tained in a safe, substantial and workmanlike manner. - 2 - �z� 7 (2) For the purpose of carrying out the provisions of this section, the City may provide such specirications relating thereto as may be necessary or convenient for public safety or the orderly development of the City. The City may amend and add w ouc:, specifications from time to time. _ Section ,. Control of Construction. 'lie Grantee aha:...' file vith the Citv maps showing the toeataon or w �Yl cst=A ti=, ox ensign or relocation of its gas mains in the streets of the City and shall obtain from the Cit'r approval of the location and plans prior to commencement of the work. The City may require the Grantee to obtain a permit before commencing the con- struction, extension or relocation_ of any of its gas mains. Section 10. Street Excavations and Restorations. (1) Subject to the provisions of this ordinance, the Grantee may make necessary excavations for the purpose of constructing, installing, maintaining and operating its facilities. Except in emergencies, prior to making an excavation in the traveled portion of any street, bridge or public place, and, when required by the City, in any untraveled portion of any street, bridge or any public place, the Grantee shall obtain from ,.t_ f the proposed excavation and of its location. uliG City etj�yivYai vt .. p.e^r____ (2) Except as provided in subsection (3) of this section, when any excavation is made by the Grantee, the Grantee shall promptly restore the affected portion of the street, bridge, or public place to the same conditions in which it was prior to the excavation. The restoration shall be in compliance with specifications, rcquiramento and regulations of the City in effect at the time of such restoration. If the Grantee fails to restore promptly the affected portion of a street, bridge or public place to the same condition in which it was prior to the excavation, the City may make the restoration, and the cost thereof sAall be paid by the Grantee- (3) At its option, the City may restore or resurface the affected portion of any street, bridge or public place excavated by the Grantee, and the cost thereof shall be paid by the Grantee. Section 11. Location and Relocation of Facilities. (1) All facilities of the Grantee shall be ylaecd so that they do not interfere unreasonably with the use by the City and the public of the streets, bridges and public places and in accordance with any specifications adopted by the City governing the location of facilities. (2) The City may require, in the public interest, the removal or relocation of facilities maintained by the Grantee in the streets of the City, and the Grantee shall remove and relocate such facilities within a reasonable time after receiving notice so to do from the City. The cost of such removel or relocation of its facilities shall be paid by the Grantee, but when such removal or relocation is required for the convenience or benefit of any person or governmental agency and instrumentality other than the City, Grantee ahaLL be entitled to reimbursement for the reasonable cost thereof from such person, agency or instrumentality. Sects- 12. Compensation. (1) As compensation for the franchise granted by this ordinance, the Grantee shall pay to the City an amount equal to two per cent (2%) of the gross revenue collected by the Grantee from its customers for gas. consumed within the City. Gross revenue shall be computed by deducting from the total billings of the Grantee the total net writeoff of uncollectible accounts and excluding sales of gas at wholesale by the Grantee to any public utility or public agency where the public utility or public agency purchasing such gas is not the ultimate consumer, and by deducting revenues derived - 3 _ from the sale of such gas under a tariff schedule applying to gas supplied for industrial pu.Yo (2) The compensation required by this section shcli accrue from and after January 1, 1962 and shall be due for each calendar half year, or fraction thereof, within sixty (60) days after the close of such calendar u"„' yap.: or fr:cti: +rAreof: within sixty (60) d&vs after -the termination. I- of this franchise, comp--raation shall be naid for the period elapsing since i 'tile close of the last ^'' ^''•=r ''�,f 3�. per w`±ich ec +ersetion has bee-.a paid. (3) The Grantee shall furnish to the City with each payment of compensation required by this section a written statement, under oath, executed by an officer of Grantee showing the amount of gross revenue of the Grantee within the City for the period covered by the payment computed on the basis set out in subsection (1) of this section. The compensation for the period covered by the statement shall be computed on the basis of the as roVQnnP. so reported. If the Grantee fails to pay the entire amount of compensation due the City through error or otherwise, the difference due the City shall be paid by the Grantee within 15 days from disem-ery of the error or determination of the correct amount. Any over- payment to the City through error or otherwise shall be offset against the next payment due from the Grantee. (4) Acceptance by the City of any Payment due under this section shell not be deemed to be a waiver by the City of any breach of this franchise occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the ,ity from later estab- lishing that a larger amount was actually due, or from collecting any balance due to the City. (5) Upon 30 days' prior written notice by either party to the other, the rate of compensation set forth in subsection (1) of this section shall be subject to renegotiation and redetermination at the end of the first ten-year period of the term of the franchise hereby granted, for the remaining ten-year period of said franchise term. Section 13 Books of Aceount and Reports. The Grantee shad keep accurate books of account at an office in Oregon for the purpose of determining the'amounts due to the City under Section 12 of this ordinance. The City may inspect the books of account at any time during business hours and may audit the books from time to time. The Council may require periodic reports from the Grantee relating to its operations and revenues within the City. Section 14. Collection Facilities. The Grantee may maintain facilities JF the City where its customers may pay their bills for gas service during normal business hours. Section 15 Supplying Mena upon Reiuest. The Grantee shall maintain c9 file, at an office in Oregon, maps and operational data pertaining`to its operations in the City. The City may inspect the maps and data at any time during business hours. Upon request of the City the Grantee shall furnish to the City, without charge and on a current basis, maps showing the location of the gas mains of the Grantee in the City. Section 16. Indemnification. The Grantee shall indemnify and save harmless the City and its officers, agents and employees from any aLft all loss, cost and expense arising from damage to property and/or injury to or death of persons due to any wrongful or negligent act or omission of the Grantee, its agents or employees in exercising the rights, privileges and franchise hereby granted. section 17. Assignment of Franchise. This franchise shall be binding upon a" an inure to the Benefit 5 Feguccessors, legal representatives and assigns of the Grantee. - 4!! _ -� ;z / Section 18. Termination of Franchise for Cause. Upon the willful failure of the 3rantee, after 0 dayst notice and demand in writing, to perform promptly and coapl.etely each and every term, condition or obligation imposed upon it under or pursuant to this ordinance, the City may terminate this franchise, subject to Grantee's right to a court review of the reasonableness r of such action. " �tection 2 %rmit and Inspection gees. Nothing in this ordinance shah be construed to Limit the ri of the City to require the Grantee to pay reasonable costs incurred by the City in connection with the issuing of a per- mit, making of an inspection, or performing any other service for or in connec- tion with the Grantee or its facilities, whether pursuant to this ordinance or any other ordinance or resolution now in effect or hereafter adopted by the City. Section 20 Remedies not Exclusive; When Requirement Waived. All remedies and penalties under this ordinance, including termination of the franchise, are oumulative, and the recovery or enforcement of one is not a bar to the recovery or enforcement of any other such remedy or penalty. The remedies and penalties contaisad in this ordinance, including termination of the franchise, are not exclusive, and the City reserves the right to enforce --. uaacc or remol t- nn and to avail itself of any the Penal Provisions ai sny vtv�::...� ..� and all remedies available at law or in equity. Failure to enforce shall not be construed as a waiver of a breach of any term, condition or obligation imposed upon the Grantee by or pursuant to this ordinance. A specific v�aiver of a particular breach of any term, condition or obligation inp.osed upon the Grantee by or pursuant to this ordinance shall not be a waiver of any other or subsequent or future breach of the same or of any other term, condition or obligation, or as a waiver of the term, condition or obligation itself. Section 21. When Effective. it is hereby declared that an emergency exists and that it is necesaary for the immediate preservation of the peace, health, and safety of the people of the City of Tigard, Oregon, that this ordinance become effective imnnediately in order to provide continuity of gas service, insure public revenues, and authorize the proper use of public property within the City, and this ordinance shall be in full force and effect upon its passage by the Council and approval by the ftror: Section 22. Acceptance. The Grantee shall, within thirty (30) days from the date this ordinance takes effect file with the City its written unconditional acceptance of this franchise and if the Grantee fails so to do, this ordinance shall be void. PASSED by the Council this day of AfA C c& , 1962. APPROVED by the Mayor this day of Mw R c u, 1962• /} Mayor of the City ofard, Oregon AT.�T:/ s Recorder Clerk of the City of Tigard, Oregon . 5 - - dz-7 ACCEPTANCE OF ORDINANCE N0. 62-7 TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF TIGARD, OREGON: ,- N'orthwrest Natural Gas Company, a corporation, hereby unconditionally : ap accepts Ordinance No. 62-7 of the City of Tigard and all of the terms, provi- sions, and conditions thereof, said Ordinance No. 62-7 being en-;itled: AN ORDINANCE granting a non-exclusive gas utility franchise to Northwest Natural Gas Company, and fixing terms, conditions and compensation of such franchise. which said Ordinance No. 62-7 was duly passed and adopted by the Council �.^. the 5+7, A— cif Ma_reh; 1962, and approved by the Mayor of said City of Tigard on the 5- day of i"1 ti r t_.L, , 1962. IN WITNESS WHEREOF said Northwest Natural Gas Company has caused this acceptance of said Ordinance to be signed by its vice president, and 1 its corporate seal to be affixed hereto and attested by its secretary, this day of 1962' NORTHWEST NATURAL GAS COMPANY ATTEST: By ice Presid nt Secretary - STATE OF OREvON ss. County of Multnomah On this day of ZZ4, , 1962, personally appeared who, beiig duly sworn, did say that he is the Vice PresidezSt of Northwest Natural Gas Company and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and he acknowledged said instrument to be ite volun- tary act and deed. Before me: Notary Public for Oregpn My Commission expire/ �f Lr2rrQ�}�