Loading...
2535• • • ORDINANCE NO. 2535 AN ORDINANCE GRANTING TO MOSES LAKE IRRIGATION AND REHABILITATION DISTRICT THE RIGHT AND FRANCHISE TO USE AND OCCUPY STREETS AND OTHER PUBLIC PLACES AND WAYS OF THE CITY OF MOSES LAKE, WASHINGTON, TO CON- STRUCT, MAINTAIN, REPAIR, RENEW AND OPERATE A WATER 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. Location of Franchise: That Moses Lake Irrigation and Rehabilitation District is hereby granted the right, privilege and franchise to construct, operate, and maintain in, through, and along the right-of-way of Beech Street in Section 22, Township 19 North, Range 28 East, W.M., and a portion of McCosh Park 110 feet wide between the southeasterly right-of-way line of Fifth Avenue at Beech Street and the shoreline of Pelican Horn which is parallel to the east line of said Section 22 in Moses Lake, Washington, a water main, together with all of the necessary appurtenances for the purposes of dilution of and cleaning of lake waters for the term of this franchise, subject, however, to the limitations herein set forth and provided. 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 The Moses lake Irrigation an Rehabilitation District, 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 an ordinance. 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 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 engineering practice, and the reasonableness from the standpoint of the grantee's operations and facilities. The grantee agrees to promptly conform with all such regulations. Section 6. Non-Interference : All pipelines of the grantee shall be laid in such a manner as not to interfere with any present public or private irrigation or drain ditches, drains, sewers, water mains, conduits, sidewalks, paving or other public improvements, and all repairs thereto or replacements required shall be accomplished as provided in Section 5. The City of Moses Lake reserves the right to construct, change or repair any public improvements, and to change the grades of any streets, alleys, or sidewalks; written notice of such intention to change any streets, alleys, or sidewalks where any part or parts of the distribution system of the grantee may be involved, shall be first given the grantee, and if any changes or repairs are required, the grantee shall, at its own expense, lower, change, or alter the pipelines or appurtenances involved accordingly, and in accordance with the standard engineering practice and any regulations pertaining thereto; and the grantee shall not interfere with other public utilities or City operated utilities therein. If practicable, no water line shall be laid closer than two feet (2') to any utility. ORDINANCE NO. 2535 Page 2 November 10, 2009 Section 7. Extensions: No extensions of water mains shall be made and no construction or reconstruction shall be commenced in connection with the laying or replacing of water mains unless plans have first been submitted and approved by the officials of the City of Moses Lake. Section 8. Hold Harmless: All earth, materials, sidewalks, paving, crossings, or improvements of any kind, disturbed, injured, or removed by the grantee shall be fully repaired or replaced promptly by the grantee, and the grantee shall protect and save the City harmless for any loss or damages thereon. The grantee shall further be required to conform to any ordinance of the City of Moses Lake with reference to cutting any streets or sidewalks and the replacement thereof. Section 9. Maps and Records: The grantee shall at all times keep maps and records showing the locations and sizes of all water mains laid by it or owned by it in streets and other public places, and such maps and records shall be furnished to the officials of the City of Moses Slake without cost. Section 10. Default and Forfeiture: In case of failure on the part of the grantee to comply with any of the provisions of this ordinance, or if the grantee, its successors or assigns, do or cause to be done, any act or thing prohibited by or in violation of the terms of this ordinance, the grantee shall forfeit all rights and privileges granted by this ordinance, and all rights thereunder shall cease; provided that such forfeiture shall not occur nor take effect until the City of Moses Lake shall carry out the following proceedings: A.Before the City may proceed to forfeit this franchise, it shall serve, by registered mail, a written notice upon the local chairman of board of the grantee, its successors or assigns, setting forth clearly and in detail the failure or violation complained of and the grantee shall have ninety (90) days thereafter in which to comply with the conditions of this franchise. B.If such failure or violation continues beyond said ninety (90) days, then the City Council of the City of Moses Lake, at its sole discretion, shall have the right to forthwith determine that this franchise is forfeited. Said determination shall be made, however, only upon proof established to the satisfaction or the City Council, and such as would be considered competent evidence in any court of records, showing a breach of this franchise, and showing that the rights of the City of Moses Lake or its in habitants have been materially and substantially effected thereby. C.Provided, however, that such failure or default or violation, shall not constitute grounds for forfeiting of this franchise if due materially, substantially and reasonably to acts of God, fire, flood, storm or other element or casualty, theft, war, disaster, strike, lockout, boycott, prevailing war or war preparation induced conditions or bona fide legal proceedings beyond the control of the grantee. Section 11. 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 or damage of any kind and description which may accrue to or 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, and the said grantee agrees that during the life of this right and privilege it will remain in full force and effect, with an insurance carrier or carriers authorized to transact business in the State of Washington, the following insurance: A.Compensation insurance in compliance with all state industrial accident compensation insurance and safety laws of the State of Washington and laws amendatory thereof. B.Grantee agrees to provide certificates of insurance demonstrating financial responsibility in the event of bodily injury and/or public liability in minium amounts as required by the City of Moses lake for public works contracts. Section 12. Cost of Publication: Cost of publications and advertisements for public hearings shall be reimbursed to the City by the Moses Lake Irrigation and Rehabilitation District. Section 13. 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, and this ordinance shall become effective upon passage and approval by the City of Moses Lake and its acceptance in writing b y Moses Lake Irrigation and Rehabilitation District which acceptance must be filed within thirty (30) days after the passage and approval by the City Council of the City of Moses Lake. Washington. APPROVED AS TO FORM: ames A. Whita er, City Attorney ORDINANCE NO. 2535 Page 3 November 10, 2009 • Section 14. Ordinances Repealed: All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed. Adopted by the City Council and signed by its Mayor on 12009 ATTEST: Ronald C. Covey, Ma Ronald R. Cone, Finance Director • • •