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ORDINANCE NO.2860
AN ORDINANCE REPEALING ORDINANCE NO.2484 AND TERMINATING THE FRANCHISE
GRANTED THEREIN
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Ordinance No.2484,adopted on July 14,2009,is hereby repealed in its entirety and the right,
privilege and franchise to construct,operate,and maintain a 12"private irrigation main under Truman Drive
near the intersection with Reese Street in the Crossroads Phase 3 Major Plat, is hereby terminated.This
action is based upon the consent of the property owner,Hayden Homes,LLC,as set forth in the attached
Exhibit A,"Consent to Terminate Franchise Ordinance No.2484".
Section 2.This ordinance shall take effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on April 25,2017.
ATTEST:
Todd Voth,Mayor
APPROVED AS TO FORM:
Katherihe L.Kenison,City_Attp«iey
CONSENT TO TERMINATE FRANCHISE ORDINANCE NO.2484
Recitals:
1. The City of Moses Lake City Council approved Ordinance No.2482 on July 14,2009,
which Ordinance grantedto Ken Wiserthe right,privilege and franchise to construct,
operate,and maintain a 12"private irrigation main to cross under Truman Drive near
the locationof its intersection with Reese Street within the Crossroads Phase 3 Major
Plat.
2. The term ofthe franchise was 25 years unless sooner terminated.
3. The franchise rightswere assignable to successors,legal representatives, or assigns.
4. Ken Wiser sold the 12" private irrigation main to Hayden Homes,LLC.
5. Hayden Homes,LLC no longer has a need for the 12" private irrigation main, has
discontinued alluse ofthe main, and has cut and capped the main.
6. The Cityof Moses Lakeand Hayden Homes,LLC desire to terminate the franchiseand
repeal Ordinance No.2484.
Agreement:
Hayden Homes,LLC,through its authorized representative,hereby consents to the termination
ofthe franchise rights granted by the City through Ordinance No. 2484.
Signed this ftTctey of March,2017
(title)
Exhibit A