Mount Vernon council adopts 10-year Puget Sound Energy franchise ordinance

The Mount Vernon City Council on Aug. 27 voted to adopt Ordinance 3917, granting Puget Sound Energy a nonexclusive 10-year franchise to install and operate electrical distribution facilities in the city’s public rights of way. The ordinance formalizes an agreement about use of streets and rights of way by a utility provider and includes relocation and notice provisions that require Puget Sound Energy to relocate facilities at no cost to the city when necessary for a city public project. City Attorney Kevin Rogerson told the council that, “By state law, any adoption of a franchise agreement requires you to do a first reading, wait 5 days, and then you can take action,” and that the city and public works negotiated the terms with the utility. The franchise grants Puget Sound Energy authority to “set, erect, construct, extend, support, attach, connect, maintain, repair, replace, enlarge, operate, and use Puget Sound Energy facilities in above, under, along, across, or through [the city] public rights of way,” limited to electric distribution. Rogerson said the term is 10 years with the option of two successive five-year extensions by mutual agreement and noted state law prohibits the city from imposing franchise fees for such utility franchises; the ordinance does allow recovery of actual administrative expenses incurred in processing the franchise consistent with state law. Puget Sound Energy representative Robert Knoll of Burlington urged support at the start of the council’s public comment period. “I just wanted to come, say hello to you all tonight, and you have a… City of Mount Vernon Electric franchise on your agenda today and wanna urge you to vote yes on that,” Knoll said, adding thanks to city staff and utility colleagues who negotiated the agreement. City Attorney Kevin Rogerson and public works staff answered council questions about relocation timing and responsibilities. Councilmember Gary Molineux moved approval; Councilmember Melissa Beaton seconded the motion. The council approved the ordinance by voice vote. No recorded roll-call tally was taken. The ordinance applies only to electric distribution; Rogerson reminded council that separate franchises would be required for other services such as cable or natural gas. The city must observe the five-day statutory waiting period between first reading and final action, which was completed before the Aug. 27 vote. The adoption comes after public comment from Puget Sound Energy and a staff review and negotiation period led by the city attorney and public works. The council did not take any additional related policy actions at the meeting.