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748_00001ORDINANCE NO.748 AN ORDINANCE GRANTING TO BASIN WATER SOURCES,INC.,THE RIGHTANDFRANCHISETOUSEANDOCCUPYDESIGNATEDSTREETS,ALLEYS,ANDOTHERPUBLICPLACESANDWAYSOFTHECITYOFMOSESLAKE,WASHING-I TON,TO CONSTRUCT,MAINTAIN,REPAIR,RENEW AND OPERATE A WATERDISTRIBUTIONSYSTEMWITHINANDTHROUGHCERTAINPORTIONSOFTHECITYOFMOSESLAKE,WASHINGTON. BE IT ORDAINED BY THE CITY COUNCIL OF TEE CITY OF MOSES LAKE,AS FOLLOWS: Section 1:That Basin Water Sources,Inc.,a Washington Corporation,its successors and assigns,be and it is hereby granted the right,privilege and franchise to construct,operate and main-tain in,through and along the present and future streets within the city of Moses Lake in thesubdivisionsknownasLarsonPlatNo.1 and Larson Plat No.2 to the City of Moses Lake,CountyofGrant,State of Washington,and in,through and along the present and future alleys,parkings,public and other places of said subdivisions,watermains,pipes,service connections,togetherwithallofthenecessaryappurtenancesforthepurposesofsupplyingwaterfordomesticuse totheinhabitantsofsaidsubdivisions,for the full term of this franchise,subject,however,tothelimitationshereinsetforthandprovided.Provided,further,that this grant is a nonex-Clusive grant. Section 2:The rights,privileges and franchise hereby granted to and conferred upcn thegranteeshall,unless this franchise be sooner terminated,extend for the full term of fifteen(15)months from the date of the acceptance hereof by the grantee and the grantee shall,withinthirty(30)days after the date of the passing of this Ordinance file with the Citý Clerk,itswrittenacceptanceofalltermsandconditionsofthisordinance,and if such acceptance is notfiledashereinprovided,this Ordinance shall be null and void in all respects as if neverpassed. All rights and privileges granted,and duties imposed by this Ordinance upon the grantee shallextendtoandbebindinguponitssuccessors,legal representatives or assigns,but this privi-lege and the rights granted under this ordinance.cannot be transferred by the grantee,eitherbyassignments,sale,merger,consolidation,operation of law or otherwise without firstobtainingthewrittenconsentofthecitythereto,to be expressed by an ordinance. I Section 3:.This Ordinance and the written acceptance thereof by the grantee shall constitutethecontractbetweentheCityofMosesLakeandthegranteeandthesameshallbebindinguponandinuretothebenefitofthegrantee,its successors and assigns,under the conditions hereinimposed. Section 4:All of the grantees water distribution system and facîlities shall he maintained ingoodorderandconditionandinaccordancewithstandardengineeringpracticeandwithalllaw-ful governmental regulations.The city shall have the authority at all times in furtherance ofsafety,convenience and welfare of the public to control by appropriate regulations the loda-tion,elevation and manner of construction and maintenance of the grantee's water system prop-erty and facilities on the City straats and public places subject to the provisions of anystatelawsapplicabletheretoandsuchregulationsshallbeinconformancewiththestandardengineeringpracticeandreasonablefromthestandpointofthegrantes's operations and facili-ties.The grantee agrees to promptly conform with all such regulat.ions.In the event that thegranteefailstosorepairorimprovehissystemasdirectedbyregulatinggovernmentalentities,he shall forfeit all rights and privileges granted by this Ordinance in accordance with theforfeitureprovisionsofthisfranchise. Section 5:All pipelines of the grantee shall be laid in such a manner as not to interfere withanypresentpublicorprivateirrigationordrainditches,drains,sewers,water mains,conduits,sidewalks,paving or other public improvements,and all repairs thereto or replacements re-quired shall be accomplished as provided in Section 6.The City of Moses Lake reserves therighttoconstruct,change or repair any public improvements,and to change the grades oralignmentofanystreets,alleys or sidewalks;written notice to change any streets,alleys orsidewalks,where any part or parts of the distribution system of the grantee may be involved,shall be given the grantee,and if any changes or repairs are required by the City in theirstreets,alleys or sidewalks in furtherance of the safety,convenience,and welfare of thepublic,the grantee shall,at its own expense,lower,change or alter the pipelines or appurte-nances involved accordingly,and in accordance with the standard engineering practiceandanyregulationspertainingthereto;and the grantee shall not interfere with other publicutilitiesorCityoperatedutilitiestherein.If practicable,no water line shall be laidIcloserthantwo(2)feet to any utility. Section 6:No extensions of water mains shall be made and no construction or reconstructionshallbecommencedinconnectionwiththelayingorreplacingofwatermainsunlessplans havefirstbeenapprovedbyofficialsoftheCityofMosesLakeandacceptanceissuedinwriting.All construction or reconstruction must conform to City of Moses Lake standard specificationsthatareineffectattimeofconstructionorreconstruction. Ordinance No.748 section 7:All materials,sidewalks,paving,crossing,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 the then existing ordinances of the City of Moses Lake with reference to cutting any streets or sidewalks and the replacement thereof. Section.8:The grantee shall at all times during the term of Mais franchise install and main- tain at its own expense such service devises,as may be necessary for supplying service to the consumers.Such requirement extending to services to the curb line along the line of the main where the main is in the street,and to abutting property line where the main is in the alley. The grantee shall make all reasanable extensions for supplying service to the consumers who request service and are inhabitants of said subdivisions.The same shall be made,supplied ancfurnishedundersuchreasonablerulesandregulationsasmaybeprescribedbythebodyorauthorityhavingjurisdictionthereover. Section 9:The water to be supplied to the inhabitants of said subdivisions shall he tested and approved for human consumption,and shall be supplied to the consumer's service at such reasonable pressure as may be prescribed by the Washington_Utilities and Transportation Commis- sion or any other governmental regulatory body having jurisdiction over the grantee's water dis- tribution system,and the rates to be charged and the rules and regulations in respect to the conditions,character,quality and standards of service to be furnished by the grantee,and all such matters shall be that as may be lawfully prescribed by the Washington Utilities and Trans- portation Commission. Section 10:The grantee shall agree to provide to the City at the time of acceptance of this franchise a map of the service area to be serviced by the grantee's water distribution system. The grantee shall at all times provide up-to-date maps and records showing the locations and sizes öf all water mains laid by it or owned by it in said subdivisions.Such maps and records shall be furnished to the officials of the City of Moses Lake without cost. Section 11:The grantee,its successors and assigns,may make such reasonable rules and regu- lations 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 water as may be advisable or necessary from time to time,all in accordance herewith and in conformity with then existing laws and regu-lations. Secti n 12:The City reserves the right to use the grantee's water distribution system as becomes reasonably necessary for the purposes of fire protection and street cleaning in the areas serviced by the grantee's water sÿstem, The above purposes shall not interfere with the grantee's normal operation of its water distribution system unless such interference is required by an emergency situation. Section 13:In case of failure on the part of the grantee,its successors or assigns,to com- ply 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,its successors or assigns,shall forfeit all rights and privileges granted by Obis Ordinance,and all rights thereunder shall cease;provided,that such forfei- ture shall not occur nor take effect until the City of Moses Lake shall carry put the follow- ing proceedings: Before the City may proceed to forfeit this franchise,it shall serve,by certified mail,a written notice upon the local manager of the grantee, its successors or assigns,setting forth clearly and in detail the failure or violation complained of and the grantee,its successors or assigns, shall have sudy (60)days thereafter in which to comply with the condi- tions.of .this.franchisp,unless said time is extended by the city. If such failure or violation continues beyond said sudy (60)days or such extended time,then the City Council of the City of Moses Lake,at its sole discretion,shall have the right to forthwith determine thatthisfranchiseisforfeited.Said determination shall be made,however, only upon proof established to the satisfaction of the City Council, showing a breach of this franchise,and showing that the rights of the City of Moses Lake or its inhabitantsThave been materially effected thereby. Provided,however,that such failure or default or violation shall not constitute grounds for forfeiting of this franchise if due to acts of God,fire,flood,story or other element or casualty,theft,war,dis- aster,strike,lockout,boycott,prevailing war or war preparation in- duced conditions,or bona fide legal proceedings beyond the control of the grantee,its successors or assigns. Drdinance No.748 ,section 14:The City reserves and has the right to pursue any remedy to compel or enforce thegrantee,its successors or assigne,to comply with the terms hereof,and furnish the servicehereincalledfor,and the pursuance of any riejht or remedy by the City shall not prevent theiCityfromthereafterdeclaringaforfeitureforanyreasonhereinstated,nor shall the delay of the city in declaring a forfeiture stop it from thereafter doing so. Section 15: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 e£fective upon passage and approval by the City of Moses Lake and its acceptance in writing byBasinWatersources,Inc.,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. Section 16: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 accrue to or be suffered by any person or persons,firm,corporation or 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 maintain in full force and effect,with an insurance carrier or carrîers authorized to transact business in the State ofWashington, 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 in the samelimitsandcoverageasnoworasmayhereafterbecarriedby the City in connection with its municipal water system. c.It is agreed in the certificate 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. This ordinance shell take effect and be in force five (5)days after its passage and publication as provided bylaw. PASSED bynthe City Council of the City of Moses Lake and APPROVED IflAYOR,Oonaldt SwansonATTEST: City Clerk,R.R.Gagni APPROVEDAS T RM: City Attorney,Patrick Acres I