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Franchise Ordinance 11-018, Contract CO11-155 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 11-018 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE UNITED STATES DEPARTMENT OF ENERGY, BONNEVILLE POWER ADMINISTRATION FOR A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE ELECTRICAL TRANSMISSION FACILITIES UPON, OVER, UNDER, ALONG, ACROSS, AND THROUGH CERTAIN CITY ROADS AND PUBLIC HIGHWAYS, OR PARTS THEREOF. WHEREAS, the UNITED STATES OF AMERICA, acting by and through the United States Department of Energy, Bonneville Power Administration, has applied for a nonexclusive franchise, for a term of 25 years, to install, locate, construct, maintain, repair, reconstruct, upgrade, operate, use, patrol, and, if necessary, remove electrical transmission facilities consisting of lines of poles or structures and appurtenances thereto, supporting conductors of one or more electric circuits of any voltage and any communication lines or equipment and appurtenances thereto, in, on, under,upon, over, along, across and through the City roads,highways, streets, alleys, and bridges described in said application by reference to the sections, townships, and ranges in which said roads, highways, streets, alleys, and bridges are physically located within the City of Spokane Valley, State of Washington, including any additional areas annexed by the City of Spokane Valley during the time this franchise is valid, and except the areas covered by those easements acquired by Grantee prior to City of Spokane Valley ownership; and WHEREAS, RCW 80.32.010 authorizes cities to "grant authority for the construction, maintenance and operation of transmission lines for transmitting electric power, together with poles, wires and other appurtenances, upon, over, along and across any such public street or road, . . . and to prescribe the terms and conditions on which the transmission line and its appurtenances, shall be constructed, maintained and operated upon, over, along and across the road or street, and the grade or elevation at which the same shall be constructed, maintained and operated;"and WHEREAS,RCW 35A.47.040 authorizes code cities to grant franchises for use of public rights- of-way;and WHEREAS, it is in the public interest to grant a franchise to the United States of America, acting by and through the U.S.Department of Energy, Bonneville Power Administration. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Grant of Franchise. The City of Spokane Valley hereby grants to the United States of America, acting by and through the U,S. Department of Energy, Bonneville Power Administration ("Grantee"), subject to all provisions, conditions, covenants and requirements of this agreement, the right, privilege and nonexclusive franchise ("Franchise"), to install, locate, construct, maintain, repair, reconstruct, upgrade, operate, use, patrol, and, if necessary, remove electrical transmission facilities along with lines of poles or structures and appurtenances thereto, supporting conductors of one or more electric circuits of any voltage and any communication lines or equipment and appurtenances thereto ("Transmission System"), in, on, under, upon, over, along, across or through the roads, highways, streets, alleys, bridges, rights-of-way, which lie within those legal subdivisions within the City of Spokane Valley ("City"), Washington, including any additional areas annexed by the City Ordinance 11-018,Franchise Agreement Bonneville Power Page 1 of 5 during the time this franchise is valid, and except the areas covered by those easements acquired by Grantee prior to City ownership. Section 2. Costs. All costs of construction, repair, alteration, relocation or removal of any part of the Transmission System shall be paid by the Grantee. Grantee shall reimburse the City for all costs of one publication of this Franchise in a local newspaper, and required legal notices prior to any public hearing regarding this Franchise, contemporaneous with its acceptance of this Franchise. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this Franchise or under City Code. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this Franchise or under City Code. Section 3. Franchise not Exclusive. This Franchise shall not be deemed to be an exclusive Franchise. It shall in no manner prohibit City from granting other Franchises of a like and compatible nature or Franchises for public or private utilities under, along, across, over, and upon any of the City roads, rights-of-way, or other property subject to this Franchise and shall in no way restrict, prevent, or prohibit City from constructing, altering, maintaining, or using any of said roads or rights-of-way, drainage structures or facilities, irrigation structures or facilities, or any other City property or affect its • jurisdiction over them or any part of them with full power to make all necessary construction, alterations, changes, relocations, repairs, or maintenance,which the City may deem necessary. Section 4. Map and Specifications to be Provided to the City. Prior to commencement of any new construction of any portion of the Transmission System, Grantee shall provide the City its plans and specifications to do such work. "New construction" means any new line of transmission line towers and conductors within Grantee's existing right-of-way or in new right-of-way. It would not include maintaining Grantee's existing lines or replacing(rebuild)of Grantee's conductors or poles in exactly the same locations, or the addition of a communication line to Grantee's existing towers and right of way, as required for the operation and maintenance of Grantee's facilities. Plans and specifications submitted to the City shall show the position, depth, or height, and location of all lines and facilities sought to be constructed, laid, installed or erected at that time, and shall show their relative position to existing City roads, rights-of-way, or other City property, upon plans drawn to scale indicating exact distance hereinafter collectively referred to as the "map of definite location." The Transmission System shall be constructed in exact conformity with said map of definite location, except in instances in which Grantee determines that a deviation may be necessary, and after approval by the City. Section 5. Construction Standards. All work shall be done in accordance with current standards and codes,in a thorough, professional and workmanlike manner with minimum interference to public use of the City rights-of-way. Grantee is responsible for the supervision, condition, and quality of the work done,whether it is by itself or by contractors,assigns or agencies. Section 6. All City Road Rights Reserved. City expressly reserves any and all rights which it now has or may hereafter acquire with respect to City roads,rights-of-ways, or other City property, and this Franchise shall not be construed to in any way limit or restrict any authority, power, rights, or privileges which City now has or may hereafter acquire to control and regulate the use of City roads, rights-of-way,and other City property covered by this Franchise. Section 7. City May Change and Improve Roads without Liability. If City shall at any time improve or change any City road or right-of-way subject to this Franchise by grading, regrading, surfacing, or paving the same, or by changing, altering, repairing, or relocating the grade thereof or by construction of drainage facilities, Grantee shall, upon written notice from the City, at Grantee's sole expense, with all reasonable speed, change the location or readjust the elevation of its Transmission System and other facilities so that the same shall not interfere with such City work and so such lines and Ordinance 11-018,Franchise Agreement Bonneville Power Page 2 of 5 facilities shall conform to such new grades as may be established. City shall in no respect be held liable for any damages, costs, or expenses to Grantee that may occur by reason of any of the City's improvements, changes, or work above enumerated, except insofar as such damages, costs, or expenses shall be caused by negligence of the City's employees or agents. Section 8. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 9. Vacation of City Roads—Alternative Route. If at any time City shall vacate any City road, right-of-way or other City property which is subject to rights granted by this Franchise, City shall grant an alternate route with the consultation of Grantee or reserve an easement for the benefit of Grantee, and by giving 60 days written notice to Grantee, terminate this Franchise with reference to such City road,right-of-way, or other City property so vacated. Section 10. Federal Tort Claims Act/Insurance. Grantee is an agency of the Federal government and is subject to the Federal Tort Claims Act, 62 Stat, 982,as amended, as may hereinafter be amended or superseded, and other applicable law. Pursuant to the Federal Tort Claims Act, Grantee agrees to be responsible for any loss or damage arising out of Grantee's activities under this Franchise. Contracting personnel are hired under federal contracting guidelines and are required to carry insurance. Section 11. Revocation for Non-Compliance. In the event that Grantee substantially violates or fails to comply with any of the material provisions of this Franchise, Grantee shall forfeit all rights conferred hereunder and this Franchise shall be revocable by the City at its discretion,provided,however, the City shall provide Grantee with written notice of its intention to revoke the Franchise, specifying the nature of such violation, failure, or neglect, and shall give Grantee a reasonable timeframe negotiated between the parties,not less than 90 days in which to cure such violation,failure, or neglect. Section 12. Grantee's Address. The address of Grantee is: Bonneville Power Administration 905 N.E. 1lfh Ave. P.O. Box 3621,Mail Stop TERS-3 Portland,OR 97208-3621 Any notification required to be given to Grantee may be given to the address above stated, provided that Grantee may from time to time notify City in writing of change of address to which notifications are to be sent. Section 13. Term. This nonexclusive Franchise agreement shall expire 25 years from the effective date. Section 14. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance, or a summary thereof, in the official newspaper of the City of Spokane Valley as provided by law, following passage by the City Council. Ordinance 11-018,Franchise Agreement Bonneville Power Page 3 of 5 Adopted this 15th day of November, 2011 City of 26k;ne Valley • le Thomas E. Towey,Mayor ATTES'4: �v u i t— u, `---Christine Bainbridge,City Clerk Ap ved fGrm': //1„- n C! Date of Publication:November 1$,2011 Offic- the C Attorney Effective Date: November 23, 2011 Ordinance 11-018,Franchise Agreement Bonneville Power Page 4 of 5 Accepted by BPA Margaret s H. Wolcott,Realty Officer The Grantee, BPA for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing Franchise. IN WE'T'NESS WHEREOF, COI ' ha fined is day af�.`. C e , 2011. Subscribed and sworn before me this ...Y=..) day o' " ` - -t011. .---(. co_trc e..0.-.€ P---- i& d --,01.....„,'..,, Notary Publi in and for the State of e' <_, ',,�. Aft OFFICIAL SEAL residing in E ,, CHARLENE R.BELT ' =s NOTARY PUBLIC=OFISGON My commission expires CA`" 0 I c ►lir COMMISSION NO.431858 MY COMMISSION EXPIRES SEPTEMBER 12,2012 I • 5