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777_00001ORDINANCE NO.777 AN ORDINANCE GRANTINGTO BASIN WATER SOURCES,INC.,THE RIGKT AND FRANCHISE TO USE AND OCCUPY DESIGNATED STREETS, ALLEYS,AND OTHER PUBLIC PLACES AND WAYS OF THE CITY OF MOSES LAKE,RASHINGTON,TO CONSTRUCT,MAINTAIN,REPAIR,RENEW, AND OPERATE A WATER DISTRIBUTION SYSTEM WITHIN AND THROUGH CERTAIN PORTIONS OF THE CITY OF MOSES LAKE,WASHINGTON. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE,AS FOLLOWS: SECTION 1:Location of Franchise:That Basin Water Sources,Inc.,a WashingtoniCorporation,its successors and assigns,be and it is hereby granted the right, privilege and franchisa to construct,operate and maintain in,through and along the present and future streets within the City of Moses Lake in the subdivisions known as Larson Plat No.1 and Larson Plat No.2 to the City of Moses Lake,County of Grant, State of Washington,and in,through and along the present and future alleys,parkings,public and other places of said subdivisions,water mains,pipes,service connections,together with all of the necessary appurtenances for the purposes of supplying waterfordomesticusetotheinhabitantsofsaidsubdivisions,for the full term of thisfranchise,subject,however,to the limitations herein set forth and provided.Provided, further,that this grant is a nonexclusive grant. SECTION 2:Term:The rights,privileges and franchise hereby granted to and con-ferred upon the grantee shall,unless this franchise be sooner terminated,extend for the full term of twenty-five (25)years from the date af the acceptance hereof by the grantee and the grantee shall,within thirty (30)days after the date of the passing ofthisOrdinancefilewiththeCityClerk,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 thisOrdinancecannotbetransferredbythegrantee,either by assignments,sale,merger,consolidation,operation of law or otherwise without first obtaining the written consent i of the City thereto,to be expressed by an Ordinance. SECTION 4:Contractual Relationship:This Ordinance and the written acceptancethereofbythegranteeshallconstitutethecontractbetweentheCityofMosesLake 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:Payments to the City:The Company shall,during each year ofoperationunderthisFranchise,pay to the City the utility tax in accordance withChapter.6:34 Moses Lake Municipal Code now existing or hereafter amended. SECTION 6:Construction and Maintenance:All of the grantees water distribution system and facilities shall be maintained in good order and condition and in accordancewithstandardengineeringpracticeandwithalllawfulgovernmentalregulations.The Cityshallhavetheauthorityatalltimesinfurtheranceofsafety,convenience and welfare of the public to control by appropriate regulations the location,elevation and mannerofconstructionandmaintenanceofthegrantee'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 reasonable from the standpoint of the grantee's operationsandfacilities.The grantee agrees to promptly conform with all Buch regulations.In the event that the grantee fails to so repair or improve his system as directed byregulatinggovernmentalentities,he shall forfeit all rights and privileges grantedbythisOrdinanceinaccordancewiththeforfeitureprovisionsofthisfranchise, i SECTION 7:Utility Locations:All pipelines of the grantee shall be laid in such a manner as not to interfere with any present public or private irrigation or drainditches,drains,sewers,water mains,conduits,sidewalks,paving or other public improve- ments,and all repairs thereto or replacements required shall be accomplished as providedinSection6.The City of Moses Lake reserves the right to construct,change or repair any public improvements,and to change the grades or alignment of any streets,alleys or sidewalks;written notice to change any streets,alleys or sidewalks,where any part or parts of the distribution system of the grantee may be involved,shall be given thegrantee,and if any changes or repairs are required by the City in their streets,alleys Page 2 or sidewalks in furtherance of the safety,convenience,and welfare of the public,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 anyregulationspertainingthereto;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 (2)feet to any utility. SECTION 8:Water Main Extensions:No extensions of water mains shall be made and no construction or reconstruction shall be commenced in connection with the laying orreplacingofwatermainsunlessplanshavefirstbeenapprovedbyofficialsoftheCity of Moses Lake and acceptance issued in writing.All construction or reconstruction must conform to City of Moses Lake standard specifications that are in effect at time of construction or reconstruction. SECTION 9:Repairs: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 10:Service Lines:The grantee shall at all times during the term of this franchise install and maintain 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 reasonable extensions for supplying service to the consumers who request service and are inhabitants of grantees service area.The same shall be made,supplied and fur- having jurisdiction thereover. SECTION 11:Quality of Service:The water to be supplied to the inhabitants of said subdivisions shall be 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 Commission or any other governmental regula- tory body having jurisdiction over the grantee's water distribution system,and the rates to be charged and 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 Transportation Commission. SECTION 12:Maps and Records: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 of 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 13:Rules and Regulations: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 water as may be advisable or necessary from time to time,all iñ accordance herewith and in conformity with then existing laws and regulations. SECTION 14:Fire Protection and Street Cleaning: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 system.Provided,however,that 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 15:Breach and Forfeiture: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 assigne,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 ali 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: Page 3 Before the City may proceed to forfeit this franchise,it shall serve,bycertifiedmail,a written notice upon the local manager of the grantee,its successors or assigns,setting forth clearly and in detail the failure orviolationcomplainedofandthegrantee,its successors or assigns,shallhavesixty(60)days thereafter in which to comply with the conditions ofthisfranchise,unless said time is extended by the City. If such failure or violation continues beyond said sixty (60)days or suchextendedtime,then the City Council of the City of Moses Lake,at its solaidiscretion,shall have the right to forthwith determine that this franchiseisforfeited.Said determination shall be made,however,only upon proofestablishedtothesatisfactionoftheCityCouncil,showing a breach of this franchise,and showing that the rights of the City of Moses Lake oritsinhabitantshavebeenmateriallyeffectedthereby. Provided,however,that such failure or default or violation shall notconstitutegroundsforforfeitingofthisfranchiseifduetoactsofGod,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,its successors or assigns. SECTION 16:Remedies:The City reserves and has the right to pursue any remedy to compel or enforce the grantee,its successors or assigns,to comply with the termshereof,and furnish the service herein called for,and the pursuance of any right orremedybytheCityshallnotpreventtheCityfromthereafterdeclaringaforfeiture for any reason herein stated,nor shall the delay of the City in declaring a forfeiture stop it from thereafter doing so. SECTION 17:Liability and Indemnification:The grantee,by its use of this rightandprivilege,convenants and agrees with the City to at all times protect and saveharmlesstheCityfromallclaims,accidents,suits,liability,loss,expense of damageofeverykindanddescriptionwhichmaybesufferedbyanypersonorpersons,firm, I 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 donebythegranteeunderthisrightandprivilege. The Grantee will maintain in full force and effect,with an insurance carrier or carriersauthorizedtotransactbusinessintheStateofWashington,the following insurance: A.Grantee agrees to provide certificates of insurance in the same limits and coverage as now or as may hereafter be carried by the City inconnectionwithitsmunicipalwatersystem. B.It is agreed in the certification of insurance that a thirty (30)daypriorwrittennoticewillbegiventotheCityofMosesLakeinthe event of cancellation or a material change in coverage. SECTION 18:Cost of Publication:Cost of publications and advertisements forpublichearingsshallbereimbursedtotheCitybyBasinWaterServices,Inc. SECTION 19:Severability:In the event that any sentence,clause,paragraph orsectionofthisOrdinancebeheldvoidbyanyCourt,it shall not affect the balancehereof. SECTION 20:Ordinances Repealed:All ordinances or parts thereof in conflictwiththeprovisionsofthisOrdinanceareherebyrepealed, i This Ordinance shall take effect and be in force five (5)days after its passage andpublicationasprovidedbylaw. PASSED by the City Council of the City of Moses Lake and APPROVED by its Mayor this21stdayofSeptember,1976. Donald E.Swanson,M a yor ATTEST:APP S TO FORM: Jea .Burton,Acting City Clerk Patrick R.Aci ,Citý Attorney "