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ORDINANCE NO. 2529
AN ORDINANCE AMENDING ORDINANCE 2483 GRANTING TO LAKES MOBILE HOME
PARK, LLC THE RIGHT AND FRANCHISE TO USE AND OCCUPY DESIGNATED
STREETS, ALLEYS, AND OTHER PUBLIC PLACES AND WAYS OF THE CITY OF
MOSES LAKE, WASHINGTON, TO CONSTRUCT, MAINTAIN, REPAIR, RENEW AND
OPERATE A WATER DISTRIBUTION SYSTEM WITHIN AND THROUGH CERTAIN
PORTIONS OF THE CITY OF MOSES LAKE, WASHINGTON
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 2483 granting a franchise to Lakes Mobile Home Park, LLC is amended by
changing the size of the irrigation main and the location of the underground crossing as follows:
Location of Franchise: That Lakes Mobile Home Park, LLC, its successors and assigns, be and it
is hereby granted the right, privilege and franchise to construct, operate, and maintain a private 8"
irrigation main to cross under the proposed Truman Drive approximately 35' east of the west
boundary of the BPA easement within the Crossroads Phase 3 Major Plat located in the City limits
to the limitations herein set forth and provided, further, that this grant is a non-exclusive grant.
Section 2. Term: The rights, privileges and franchise hereby granted to and conferred upon the grantee
shall, unless this franchise be sooner terminated, extend for the full term of twenty-five (25) years from the
date of the acceptance hereof by the grantee and the grantee shall, within thirty (30) days after the date of
the passing of this ordinance, file with the Finance Director, its written acceptance of all terms and conditions
of this ordinance, and if such acceptance is not filed as herein provided, this ordinance shall be null and void
in all respects as if never passed.
Section 3. Assignment: All rights and privileges granted, and duties imposed by this ordinance upon the
grantee shall extend to and be binding upon its successors, legal representatives, or assigns, but this
privilege and the rights granted under this ordinance cannot be transferred by the grantee, either by
assignments, sale, merger, consolidation, operation of law or otherwise without first obtaining the written
consent of the City thereto, to be expressed by a resolution.
Section 4. Contractual Relationships: This ordinance and written acceptance thereof by the grantee shall
constitute the contract between the City of Moses Lake and the grantee and the same shall be binding upon
and inure to the benefit of the grantee, its successors and assigns, under the conditions herein imposed.
Section 5. Construction and Maintenance: All of the grantees water distribution system and facilities shall
be maintained in good order and condition and in accordance with standard engineering practice and with
all lawful governmental regulations. The City shall have the authority at all times in furtherance of safety,
convenience, and welfare of the public to control by appropriate regulations the location, elevation, and
manner of construction and maintenance of the grantee's water system property and facilities on the City
streets and public places subject to the provisions of any state laws applicable thereto and such regulations
shall be in conformance with the standard remedy by the City and shall not prevent the City from thereafter
declaring a forfeiture for any reason herein stated, nor shall the delay of the City in declaring a forfeiture stop
it from thereafter doing so.
Section 6. Liability and Indemnification: The grantee, by its use of this right and privilege, covenants and
agrees with the City to at all times protect and save harmless the City from all claims, accidents, suits,
liability, loss, expense of damage of every kind and description which may be suffered by any person or
persons, firm, corporation or to any building, or any damage arising out of the ownership, excavation,
installation, construction, repair or operation of said water system or any act done by the grantee under this
right and privilege.
Adopted by the City Council and signed by its Mayor o 8, 200
ATTEST:
Rd ald R. Cone, Finance Director
Ronald C. Covey,
ORDINANCE 2529 PAGE 2
FRANCHISE - LAKES MOBILE HOME PARK September 8, 2009
The Grantee will maintain in full force and effect, with an insurance carrier or carriers authorized to transact
business in the State of Washington, the following insurance:
A.Grantee agrees to provide certificates of insurance in the amount of $2,000,000.
B.It is agreed in the certification of insurance that a thirty (30) day prior written notice will be given to
the City of Moses Lake in the event of cancellation or a material change in coverage. -
Section 7. Cost of Publication: Cost of publications and advertisements for public hearings shall be
reimbursed to the City by Lakes Mobile Home Park, LLC.
Section 8. Severability: In the event that any sentence, clause, paragraph, or section of this ordinance be
held void by any court, it shall not affect the balance thereof.
Section 9. The City Council declares that an emergency exists and this ordinance is deemed a public
emergency ordinance necessary for the protection of public health, public safety, public property, or public
peace and shall take effect immediately as provided by law upon one reading if a majority plus one of the
whole membership of the City Council vote in favor of passage.
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APPROVED AS TO FORM:
James A. Whitaker, City Attorney
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