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607_00001ORDINANCE NO.607 AN ORDINANCE GRANTING TO PUBLIC UTILITY DISTRICT NO.2 OF GRANT COUNTY A FRANCHISE TO CONSTRUCT,OPERATE AND MAINTAIN AN ELECTRICAL DISTRIBUTION SYSTEM AND TOUSEANDOCCUPYTHESTREETS,ALLEYSAND OTHER PUBLIC PLACES AND WAYS IN THE CITY OF MOSES LAKE,WASHINGTON. BE IT ORDAINED BY THE CITY OF MOSES LAKE AS FOLLOWS: I Section 1.Public Utility District No.2 of Grant County is hereby granted the right,privilege and franchise to construct,operate and maintain on, through and along all present and future streets,alleys and other public property belonging to the City of Moses Lake overhead and underground primary and secondary electrical facilities ,street lighting facilities ,unit substations ,transformers and service drops for the full term of this franchise,subject,however,to the limitations herein set forth and provided further,that this grant is a non-exclusive grant. Section 2.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 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 City Clerk,its written acceptance of all terms and conditions of this ordinance,and if such acceptance i is not filed as herein provided,this ordinance shall be null and void in all respects as if never passed. All rights and privileges granted,and duties imposed by this ordinance upon the grantee shall extend to and be binding upon its successors,legal repre- sentatives or assigns,but this privilege and the rights granted under this ordi- nance cannot be transferred by the grantee,either by assignment,sale,merger, consolidation,operation of law or otherwise without first obtaining the written consent of the City thereto,to be expressed by an ordinance.Notwithstanding the above,the grantee shall have the right to assign this franchise under any presently outstanding or future mortgage or mortgages given to secure any bonds or other bona fide indebtedness of the grantee. Section 3.This ordinance and the written acceptance thereof by the grantee,shall constiture the constract between the City of Moses Lake and the grantee and the same shall be binding upon and inure to the benefit of the grantee, I its successors and assigns,under-the conditions herein imposed. Section 4.All facilities of the grantee shall be placed 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 Ordinance No.607:2 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 repairsare required,the grantee shall,at its own expense,lower, change or alter its facilities as necessary,and in accordance with the standard engineering practice and any regulations pertaining thereto;and,the grantee shall -not interfere with the conduits ,water lines ,drains ,sewers ,sidewalks ,paving orather public utilities or City operated utilities therein.No pipe or conduit shall be laid closer than two (2)feet to any water main or other pipe or conduit of other utilities,except by special permit by the City Public Works Director. Section 5.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.And,the grantee shall further be required to conform to any ordinance of the City of Moses Lake with reference to cutting any streets,er sidewalks and the replacement thereof. Repairs,replacement or maintenance of City owned facilities within the right of way necessitated because of the disturbance thereof shall be the responsibility of the grantee to repair,replace or maintain during the term of this franchise, i Section 6.The grantee shall at all times keep maps and records showing the locations and sizes of all facilities placed by it or owned by it in the City,and such maps and records shall be available to the officials of the City of Moses Lake at all reasonable times. Section 7.The grantee,its successors and assigns,may make such reasonable rules and regulations for the protection of its property for the service and charges to its customers,for the prevention of loss and waste,for safety purposes,for the conduct and operation of its business in respect to the sale or distribution of electricity as may be advisable or necessary from time to time,all in accordance herewith and in conformity with existing laws and re- gulations . Section B.In case of failure on the part of the grantee,its successors or assigns,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 pro-I hibited by or in violation of the terms of this ordinance,the grantee,its suc- cessors or assigns,shall forfeit all rights and privileges granted by this ordi- nance,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 follow- ing proceedings: Before the City may proceed to forfeit this franchise,it shall serve, by registered mail,a written notice upon the local manager of the grantee,its Ordinance No.607:3 successors or assigns,setting forth clearly and in detail the failure or violation complained of and the grantee,its successors or assigns,shall have ninety (9!0) days thereafter in which to comply with the conditions of this franchise. If such failure or violation continued beyond said ninety (90)days,then the City Council of the City of Moses Lake,at its sole discretion,shall haveitherighttoforthwithdeterminethatthisfranchiseisforfeited.Said determina- tion shall be made,however,only upon proof established to the satisfaction of the City Council. 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,lackout,boycott,prevailing war or war preparation induced conditions,or bona fide legal proceedings beyond the control of the grantee,its successors or assigns. Section 9.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 every kind and de- scription which may accrue to or be suffered by any person or persons,firm, corporation or any building,for any damage arising out of the ownership, i excavation,installation,construction,repair or operation of said electrical system,or any act done by the grantee under this right and privilege. Section 10.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 hereof,and this ordinance shall become effective upon passage and approval by the City of Moses Lake and its acceptance in writing by Public Utility District No.2 of Grant County 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. PASSED by the City Council and APPROVED by its Mayor this 14th day of April,1970. Mayor,Oo M.Skaug ATTE Cgy Clerk,Charles}6avenport APPR CgAttorney ,John E .Ca lbom