The URL can be used to link to this page

Home My WebLink Aboutord2007-041WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 --285 Clearances Initial Date Date Received In Council Office Agenda Date Assigned To: Originator:. DLG 06129107 7/10/2007 Introduction Baring Division Head: Dept. Head: Prosecutor: DLG 0609/07 Purchasin Bud et: Executive: TITLE OFDOCUMENT. Ordinance to continue franchise of Cascade Natural Gas Corporation (originally granted under Ord. 96 -419) following Cascade's merger with MDU Resources, Inc. ATTACHMENTS: Memorandum and proposed Ordinance. SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? (X) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: August 7, 2447 (Per RC 36.55.040, posting of notice must occur at least 15 days before the hearing and publication of the notice must occur at least twice, the last time not less than 5 days prior to the hearing). SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. Cascade Natural Gas seeks approval of the County Councilfor continuation of its franchise under Section 18 of its franchise agreement with Whatcom County, following Cascade's merger with, and sale of its stock to MDU Resources, Inc. Cascade will be a wholly -owned subsidiary of MDU but will continue as an independent corporation, carrying on its present operations on behalf of its customers. COMMITTEE ACTION. COUNCIL ACTION.• 7/10/2007: Introduced 8/7/2007: Council Adopted 6 -0 Caskey- Schreiber absent Ord. 2007 -041 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2007 -041 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us /council. 2070901249 Page: 1 of 5 9/12/2007 9 =26 AM FRAM $44.00 Whattom County, WA Request of: WHATCOM COUNTY COUNCIL, - RETURN DOM M ENT TO: MARINA ENGELS WHATCOM COUNTY COUNCIL OFFICE DOCUMENT TITLE(S): FRANCHISE ORDINANCE NO. 2007 -041 APPROVING CONTINUATION OF THE FRANCHISE GRANTED TO CASCADE NATURAL GAS CORPORATION UPON MERGER OF CASCADE NATURAL GAS CORPORATION WITH MDU RESOURCES GROUP, INC. REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: Ordinance Number: 2007 -041 Additional reference numbers found on page of document. GRANTOR(S): Whattom County Additional grantors found on page of document. GRANTEE(S): Cascade Natural Gas -MDU Additional grantees found on page of document. ABBREVIATED LEGAL DESCRIPTION (Lot, block, plat, or section, township, range) All roads and public ways and county property in Whatcom County, Washington. Additional legal description can be found on page of document. ASSESSOR'S PARCEL NUMBER: None - roads SPONSORED BY: Consent PROPOSED BY: Executive/Public Works INTRODUCTION DATE: July 10 2007 ORDINANCE NO.2007 -041 APPROVING CONTINUATION OF THE FRANCHISE GRANTED TO CASCADE NATURAL GAS CORPORATION UPON MERGER OF CASCADE NATURAL GAS CORPORATION WITH MDU RESOURCES GROUP, INC. WHEREAS, Cascade Natural Gas Corporation, hereinafter referred to as "Cascade ", was granted a non - exclusive franchise dated May 14, 1996, under Ordinance 96 -019; and WHEREAS, the franchise agreement in Section 18 addressed the need for consent in writing from the County Council prior to the sale, transfer, or assignment of any interest in the Franchise; WHEREAS, Cascade on July 8, 2006 entered into an Agreement and Plan of Merger with MDU Resources Group, Inc., hereinafter referred to as "MDU ", which provided that MDU would acquire all the stock of Cascade; and WHEREAS, MDU is headquartered in Bismarck, North Dakota, has been engaged in distributing natural gas since 1926, and currently through its utility divisions provides natural gas distribution services to about 250,000 customers in 163 communities in North Dakota, Montana, Wyoming, South Dakota, and Minnesota; and WHEREAS, the companies involved in the transaction applied to the Washington Utilities and Transportation Commission (WUTC) on November 13, 2006, for regulatory approval of the transaction; and WHEREAS, the application to the WUTC for regulatory approval was approved by the WUTC on June 27, 2007, and closure of the sale of Cascade stock to MDU is scheduled for July 2, 2007 : and WHEREAS, while the Franchise itself is not being sold, transferred, or assigned, the ownership of all of the stock of Cascade, the company which presently holds the Franchise, is being transferred to MDU; and WHEREAS, although Cascade will become a subsidiary of MDU following the transaction, Cascade will continue after the merger to exist as a separate corporate entity with its own corporate assets and liabilities; and WHEREAS, Cascade has requested written consent from the Whatcom County Council to a continuation of the franchise upon change in control of Cascade from present ownership to MDU; and 2070901249 Page: 1 of 5 9/12/2007 9 =26 AM FRAM $44.00 Whattom County, WA Request of: WHATCOM COUNTY COUNCIL, - RETURN DOM M ENT TO: MARINA ENGELS WHATCOM COUNTY COUNCIL OFFICE DOCUMENT TITLE(S): FRANCHISE ORDINANCE NO. 2007 -041 APPROVING CONTINUATION OF THE FRANCHISE GRANTED TO CASCADE NATURAL GAS CORPORATION UPON MERGER OF CASCADE NATURAL GAS CORPORATION WITH MDU RESOURCES GROUP, INC. REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: Ordinance Number: 2007 -041 Additional reference numbers found on page of document. GRANTOR(S): Whattom County Additional grantors found on page of document. GRANTEE(S): Cascade Natural Gas -MDU Additional grantees found on page of document. ABBREVIATED LEGAL DESCRIPTION (Lot, block, plat, or section, township, range) All roads and public ways and county property in Whatcom County, Washington. Additional legal description can be found on page of document. ASSESSOR'S PARCEL NUMBER: None - roads WHEREAS, MDU appears, from information provided, to be a corporate entity that has the ability to direct the performance of Cascade according to the terms of the franchise agreement upon assuming ownership of the stock of Cascade; NOW, THEREFORE, BE IT ORDAINED by the Council of Whatcom County, Washington that the continuation of the franchise granted to Cascade be approved upon the change in ownership of the stock of Cascade to MDU. ',,�A'fijjj.?►ps 7thday of August , 2007. C 00 HATC.9,,. .0 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana- J3* *TihMM 4Fe4nc6 Clerk Carl Weimer, Council Chair • q AN, 01IM6 ASIO F,90m: � {)Denied Civil Deputy Prosecutor Pe c emen, County Executive Date: f 0 Exhibit B ACCEPTANCE OF FRANCHISE Cascade Natural Gas Corporation The Whatcom County Council at its meeting of August 7, 2007, adopted Ordinance 2007 -041 approving the continuation of the franchise filed by Cascade Natural Gas Corporation. The petition and all related documents are available for review in the Council Office as file number A132007 -285. Cascade Natural Gas Corporation hereby accepts, subject to all the conditions contained in Ordinance 2007 -041, that certain non - exclusive franchise to lay, construct, erect, install, operate, maintain, repair and /or replace telephone, telegraph and other telecommunication lines, equipment, facilities and apparatus, and all necessary appurtenances thereto, along, in, over, under and across certain public roads, streets, highway and rights -of -way, now existing or hereafter established, as follows: All roads and public ways and county property in Whatcom County, Washington. Granting of this continuation of franchise becomes official upon receipt from the petitioner of this signed and notarized document. This franchise, when granted, shall be in effect for a period of twenty- fi, ,J,�AilyfflJ Y G \ \`````�• i7 R 41 , _ s Liana try U"s_�' Crdi k of t$i ent f r et' 'one State of Washin ton County of from the date of its original issuance of May 14, 1996. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON r r Carl Weimer _. Council Chair scade Natural Gas Corporation: ss. Date: �T`��US 3 I.�� lopir ouop Signed and sworn to before me on this 41VI_ of , 2007, by i —0— C (Agent for petitio .,� +� + + +r +iuiLLttititi I: \SHARED \FRANCHISES \Franchise Forms \8. Exhibit B to Ord - Acceptance of Franchise (Merge).doc Notary Public in and for the State of Washington, residing at My notary commission expires 0D0 �° Effective Date of this continuation of franchise: I-- �LI 'wo7 IASHAREDWRANCHISES\Franchise Forms\8. Exhibit B to Ord - Acceptance of Franchise (Merge).doc