1995-16192-Order No. 84-022 Recorded 4/11/1984s
95-16192 VOL 52 PAGE 620
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Regarding the Re-
quest of Cascade Natural Gas
Corporation For a Franchise
Over, Across, an Through
Certain Roads in Deschutes
County, Oregon.
ORDER NO. 84-022
ek 1)V
�1
APR 111984
M
ARY SSE PEP1kipLLOW, CO• CLERK
WHEREAS, Cascade Natural Gas Corporation, a corporation
doing business in the State of Oregon, has requested a franchise
to construct, operate and maintain a natural gas distribution
system in, over, along, and under public rights-of-way within
unincorporated Deschutes County, Oregon, and County roads within
Deschutes County, Oregon, as hereinafter set forth; and
WHEREAS, this matter having come on regularly for hearing
before the Board of County Commissioners of Deschutes County,
Oregon, on the 29th day of February, 1984, at the hour of 10:00
a.m.; and
WHEREAS, it appearing to the Board that notice of said
hearing has been duly given as required by law; and
WHEREAS, it is in the public interest to grant this fran-
chise; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. Grant of Franchise. That a non-exclusive
franchise be granted, and the same is hereby given, to the
Cascade Natural Gas Corporation, a corporation doing business in
the State of Oregon, its succesors and assigns; hereinafter
referred to as the Grantee, by Deschutes County, Oregon, herein-
after referred to as "County", for a period of twenty-five (25)
years from and after the date of entry of this Order, to con-
struct, operate and maintain a natural gas distribution system
in, under, along and over public rights-of-way within Deschutes
County, Oregon, and County roads within Deschutes County, Oregon,
subject to the terms and conditions set forth in Sections 2
through 22 of this Order.
Section 2. Right of Entry. Grantee shall have the right
and authority to enter upon the public rights-of-way within unin-
corporated Deschutes County, Oregon, and County roads for the
purpose of constructing its natural gas distributionsystemand
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61995
Vii1 52 pmp_ 621
all necessary facilities connected therewith, hereinafter
referred to collectively as the "Distribution System", and for
repairing,, operating and maintaining said Distribution System.
Section 3. Construction, Installation, and Repair To Be
Approved By County Court. All construction, instal a non, and
repair work within County roads and public rights-of-way, outside
of the corporate limits of any incorporated town, shall be
subject to the ordinances, regulations, approval of the County,
and pass the inspection of the County.
Section 4. Detail Map, Specifications To Be Filed, County
To Approve All Construction. Prior to commencement of construc-
tion of any portion of said Distribution System, Grantee shall
first file with the County its application for a permit to do
such work, together with duplicate plans and specifications
showing the position, depth, and location of all lines and
facilities sought to be constructed, laid, installed or erected
at that time, which shows their relative position to existing
County roads or public rights-of-way upon plans drawn to scale,
hereinafter collectively referred to as the "Map of Definite
Location".
The Distribution System shall be laid in substantial con-
formity with said Map of Definite Location, except in instances
where deviation may be allowed thereafter in writing by the
County pursuant to application by Grantee. The plans and speci-
fications shall designate the class and type of material and
equipment to be used, manner of excavation, construction, instal-
lation, back fill, erection of temporary structures, erection of
permanent structures, traffic control, traffic turnouts, road
obstructions, etc. No such construction shall begin without the
Grantee first securing a written permit from the County Court,
including approval endorsed on one set of plans and specifica-
tions which will be returned to the Grantee. All such work shall
be subject to the approval of and shall pass the inspection of
the County. The Grantee shall pay all reasonable costs and
expenses incurred in the examination, inspection and approval of
such work on account of granting the said permits.
Section 5. County Roads To Be Replaced, Restoration
Guaranteed By Bond. In any work which requires breaking of
surface of the County roads or public rights-of-way subject to
this franchise for the purpose of laying, relaying, connecting,
disconnecting and repairing the said Distribution System, and
making connections between the same to structures and buildings
of consumers, or making connections to other facilities of the
Grantee now in existence or hereafter constructed, the Grantee
shall be governed by and conform to the general rules adopted by
the officers charged with the supervision and care of such County
roads or public rights-of-way. The Grantee, at its own expense
and with convenient speed, shall complete the work for which the
surface has been broken and forthwith replace the work and make
2 - ORDER NO. 84-022
VOL 52 PA 62,
preference shall continue in the event of the necessity of relo-
cating or changing the grade of any such County road or public
right-of-way.
Section 7. Minimum Interference With Public Travel, Grantee
Liable For Damage. All work done under this franchise shall be
one in a t orough and workmanlike manner. The Grantee shall
leave trenches, ditches and tunnels necessary in the laying of
Gas Distribution lines, the openings of trenches and the construc-
tion of other facilities in such a way as to interfere as little
as possible with public travel and shall take all due and neces-
sary precautions to guard the same so that damage or other injury
shall not arise or occur by reason of such work; where any such
trenches, ditches or tunnels are left open at night, the Grantee
shall place warning lights and barricades at such a position as
to give adequate warning of such work. The Grantee shall be
liable for any injury to person or persons, or damage to property
sustained through its carelessness or neglect, or through any
failure or neglect to properly guard or give warning of any
trenches, ditches or tunnels dug or maintained by the Grantee.
Section 8. All County Road Rights Reserved. The County, in
granting this franchise, does not waive any rights which it now
has or may hereafter acquire with respect to County roads and
public rights-of-way, and this franchise shall not be construed
to deprive the County of any powers, rights or privileges which
it now has or may hereafter acquire to regulate the use of and to
control the County roads and public rights-of-way covered by this
franchise.
Section 9. County May Change and Improve Roads Without
Liability. If at any time the said County shall improve or
change any County road or public right-of-way, subject to this
franchise by grading or regrading, planking or paving the same,
changing the grade, altering, changing, repairing or relocating
the same, or by construction of drainage facilities, the Grantee,
upon written notice from the County shall, at Grantee's sole
expense and with all convenient speed, change the location or
readjust the elevation of its gas distribution lines and other
facilities so that the same shall not interfere with such County
work, and so that such lines and facilities shall conform to such
new grades or routes as may be established. The said County
shall not be held liable for any damage to said Grantee that may
occur by reason of any of the County's improvements, changes or
works above enumerated, except for damage caused by negligence of
the County's employees or agents.
All work performed by the Grantee under this Section shall
be under the direction and approval of the County, and shall pass
the County's inspection. The Grantee shall pay all reasonable
costs and expenses incurred in the examination, inspection and
approval of such work.
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Section 10. Blasting By County On Notice. The laying,
construction, operation and maintenance of Grantee's Gas
Distribution System authorized by this franchise shall not pre-
clude the said County, its agents or its contractors from blast-
ing, grading, excavating or doing other necessary road work con-
tiguous to the said lines and facilities of the Grantee providing
the Grantee shall be given forty-eight (48) hours notice of said
blasting or other work.
Section 11. Reference, Monuments, And Markers. Before any
work is performed under this franchise which may affect any exist-
ing monuments or markers of any nature relating to subdivisions,
plats, roads, and all other surveys, the Grantee shall reference
all such monuments and markers. The reference points shall be so
located that they will not be disturbed during the Grantee's
operations under this franchise. The method of referencing these
monuments or other points to be referenced shall be approved by
the County. The replacement of all such monuments or markers
disturbed during construction shall be made as expeditiously as
conditions permit, and as directed by the County. The cost of
monuments or other markers lost, destroyed or disturbed, and the
expense of replacement by approved monuments, shall be borne by
the Grantee.
Section 12. Vacation of County Roads, Alternate Route. If,
at any time, said County shall vacate any County road or public
right -of- way which is subject to rights granted by this fran-
chise, and said vacation shall be for the purpose of acquiring
the fee or other property interest in said road or right-of-way
for the use of said County, in either its proprietary or govern-
mental capacity, then, the County may, at their option, by giving
thirty (30) days written notice to the Grantee, and after grant-
ing an alternate route, terminate this franchise with reference
to such County road or public right-of-way, and said County shall
not be liable for any damages or loss to the Grantee by reason of
such termination.
Section 13. Grantee To Indemnify County, Liability
Insurance. The Grantee does hereby agree to protect and save
harmless said County from all claims, actions or damages of every
kind and description which may be asserted against such County by
reason of the Grantee's acts in connection with the construction,
operation and maintenance of said Distribution System. In case
that suit or action is brought against said County for damages
arising out of or by reason of the above-mentioned causes, the
Grantee will, upon notice to him of the commencement of said
action, defend the same at its sole cost and expense. In case a
final judgment shall be rendered against the County in such suit
or action, the Grantee will fully satisfy said judgment within
ninety (90) days after said suit or action shall have finally
been determined by a trial court, or appellate court, or courts
of appeal be taken, if determined adversely to said County. Upon
Grantee's failure to satisfy said final judgment within the
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• VOL 2 FACE 6 2 5
ninety (90) day period, the County may, upon due notice, termi-
nate this franchise and the said County shall have a lien upon
the Distribution System which may be enforced against the pro-
perty for the full amount of any such final judgment so taken
against said County.
For the purpose of securing to the County full and complete
performance of the covenants contained in this paragraph the
Grantee shall, at its own expense, procure and keep in force
during the life of this franchise liability insurance in a
company or companies to be approved by the County, the minimum
limits of such insurance to be not less than $500,000 combined
single limit, and proof of existence of such insurance shall be
furnished to the County before or contemporaneously with the
commencement of construction under the terms of this franchise,
and such additional proof thereof shall be furnished the County
from time to time as it shall require, but in no event less than
annually.
Section 14. Franchise Not Exclusive. This franchise shall
not beeee�o be an exclusive franchise. It shall in no
manner prohibit said County from granting other franchises of
like nature or franchises for other public or private utilities
under, along, across, over and upon any of the County roads and
public rights-of-way subject to this franchise and shall not
prevent or prohibit said County from constructing, altering or
using any of said roads, rights-of-way, drainage structures or
facilities, irrigation structures or facilities, or any other
County property, or affect its jurisdiction over them or any part
of them with full power to make all necessary changes, reloca-
tions, repairs, maintenance, etc., the same as the County may
deem fit.
Section 15. Provisions Hereof Bind Successor. All
provisions, conditions, regulations, and requirements herein
contained shall be binding upon the successors and assigns of the
Grantee, and all privileges, as well as all obligations and
liabilities of the Grantee, shall inure to its successors and
assigns equally as if they were specifically mentioned wherever
the Grantee is mentioned.
Section 16. Rural Roads Going Into Cities. Whenever any of
the public rig is o way, not established as County roads, as
designated in this franchise, by reason of the subsequent incor-
poration of any town or city, or extension of the limits of any
town or city, shall fall within the city or town limits, then,
upon Grantee obtaining a franchise from said city or town, this
franchise shall terminte in respect to said roads so included in
city or town limits, but this franchise shall continue in force
and effect as to all County roads and public rights-of-way, or
other County property not so included in city or town limits.
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Section 17. Construction Within Limited Time. The Grantee
shall commence construction work under this franchise within
twenty-four (24) months after the effective date hereof after
first securing the necessary approvals and permits from said
County.
Section 18. Highway Commission Rules To Be Followed. In
preparing plans and specifications for the installation of gas
distribution lines across County roads or public rights-of-way,
as designated by the County where said lines have a diameter of
four inches (4") or more, the Grantee shall use as a guide and
reference the plans and specifications in the American Petroleum
Institute Code No. 1102, Fifth Edition, November, 1981, titled
RECOMMENDED PRACTICE ON FORM OR AGREEMENT AND SPECIFICATIONS FOR
PIPELINE CROSSINGS UNDER RAILROAD TRACKS, and the STANDARD
SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION established by
the Washington State Department of Transportation and amendments
thereto.
Provided, that, where pipe is required by either of these
standards to be encased, it shall be encased for the full width
of the County road or public right-of-way at the point of
crossing.
All plans and specifications for County road crossings shall
be subject to approval of the County.
Notwithstanding the provisions of this Section, the County
may require or permit modifications of such specifications
referred to in this Section, and approve such plans and specifi-
cations submitted by the Grantee in applying for a permit for
such work.
Section 19. Revocation For Non -Compliance. If the Grantee
shallwi1lfTy vio ate or fail to comply with any of the provi-
sions of this franchise through willful or unreasonable neglect
or failure to heed or comply with any notice given the Grantee
under the provisions of this grant, then, the said Grantee shall
forfeit all rights conferred hereunder, and this franchise may be
revoked or annulled by the County, provided, however, that the
County shall give thirty (30) days written notice of its inten-
tion to revoke or annul the franchise during which period the
Grantee shall have the opportunity to remedy the situation.
Section 20. Grantee To File Acceptance. The full
acceptanceceothis franchise and all its terms and conditions
within thirty (30) days from the date of execution by the County
by Cascade Natural Gas Corporation in writing, is to be filed
with the Deschutes County Clerk, and shall be a condition
precedent to its taking effect, and unless the franchise is
accepted within such time, this grant shall be null and void.
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VOL 52 PvE 627
Section 21. Notifications Sent To Grantee. The address of
the Grantee is: Cascade Natural Gas Corporation, 222 Fairview
Avenue North, Seattle, Washington 98109.
Any notification required to be given to the Grantee may be
given to the address above stated, provided that the Grantee may
from time to time notify said County in writing of a change of
address to which notifications are to be sent.
Section 22. County Agent. County hereby appoints and
authorizes its Director of Public Works to perform all minis-
terial acts of the County under this Franchise. The County's
address is: Director of Public Works, 61150 S. E. 27th Street,
Bend, Oregon 97702.
DATED this day of , 1984.
COUNTY COURT:
ATTEST:
'Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DES HUTES COUNTY, OREGON
ry11411,1_A_
ALB RT A. YOUNG, airman
LOI BRISTOW PRANTE, Commissioner
LAURENCE A'. TUTTL-E-i—Gommissioner
DATED this /-V day ofIhR1PCf{1984.
GRANTEE: CASCADE NAT;J.F AL;,SCORP`RATION
�,/ 'fi2fi r r3n of the Boa
anc .hief Executive Officer
ATTEST:
LU ILLE R. WALSH
Corporate Secretary
8 - ORDER NO. 84-022
