City Attorney Kevin Rogerson on Aug. 13 presented a proposed franchise ordinance that, if adopted and accepted by Puget Sound Energy (PSE), would grant the utility a nonexclusive 10‑year franchise to use Mount Vernon public rights‑of‑way to provide electrical energy.

Rogerson said state law requires a five‑day waiting period after introduction before council may act and that PSE will have 60 days to accept the ordinance after adoption and pay administrative costs. The proposed franchise would continue PSE’s access to rights‑of‑way for electrical transmission and distribution, require PSE to relocate facilities at no cost when city projects necessitate relocation, and set insurance and indemnity requirements.

Rogerson noted that state law prohibits cities from imposing franchise fees on electrical utilities; the proposed ordinance does allow the city to recover administrative expenses tied to negotiating the agreement. He said vegetation management, relocation obligations and insurance clauses are areas that receive heavy negotiation in franchise agreements and that the city has coordinated review across public works and legal staff.

Council had no action on the item; staff said the ordinance would be set for action at the next available meeting after the mandatory waiting period. Council members asked about vegetation management and relocation timing; Rogerson said those elements are negotiated and typically addressed in both local code and franchise terms.

Why it matters: franchise agreements govern how utilities place and relocate infrastructure in public rights‑of‑way and set responsibilities for relocation timing, insurance and indemnity. The proposed franchise preserves utility operations while clarifying relocation, insurance and administrative cost recovery procedures.