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962_00001ORDINANCE No.962 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 LAX2,WASHINGTON,TO CONSTRUCT,MAINTAIN,REPAIR,RENEW AND OPERATE A WATER SYSTEM WITHIN I 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.That Moses Lake Irrigation &Rehabilitation District is hereby grantedtheright,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 ERM,and a portion of McCosh Park 110 feet wide between the Southeasterly rightofwaylineofFifthAvenueatBeechStreetandtheshorelineofPelicanHornwhichisparalleltotheEastlineofsaidSection22inMosesLake,Washington,a watermain,together with all of the necessary appurtenances for.the purpose of dillutionofandcleaningoflakewatersforthetermofthisfranchise,subject,however,tothelimitationshereinsetforthandprovided.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 thefulltermoftwenty-five (25)years from the date of the acceptance date of thepassingofthisordinance,filed with the City Clerk,its written acceptance of alltermsandconditionsofthisOrdinance,and if such acceptance is not filed as hereinprovided,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 thegranteeshallextendtoandbebindingupontheMosesLakeIrrigationandRehabili-tation District,legal representatives or assigns,but this privilege and the rightsigrantedunderthisordinancecannotbetransferredbythegrantee,either by assign- ment,sale,merger,consolidation,operation of law or otherwise,without firstobtainingthewrittenconsentoftheCitythereto,to be expressed by an ordinance. Section 3.This ordinance and the written acceptance thereof by the grantee shallconstitutethecontractbetweentheCityofMosesLakeandthegranteeandthesameshallhebindinguponandinuretothebenefitofthegranteeundertheconditionshereinimposed. Section 4.All of the grantee's water distribution system and facilities shall bemaintainedingoodorderandconditionandinaccordancewithstandardengineeringpractice,and with all lawful governmental regulations.The City shall have theauthorityatalltimesinfurtheranceofthesafety,convenience and welfare of thepublictocontrolbyappropriateregulations,the location,elevation and manner ofconstructionandmaintenanceofthegrantee's water system property and facilities ontheCitystreetsandpublicplaces,subject to the provisions of any State lawsapplicablethereto,and such regulations shall be in conformance w±th the standardengineeringpractice,and the reasonableness from the standpoint of the granteelsaperationsandfacilities.The grantee agrees to promptly conform with all suchregulations. Section 5.All pipelines of the grantee shall be laid in such a manner as not tointerferewithanypresentpublicorprivateirrigationordrainditches,drains,sewers,water mains,conduits,sidewalks,paving or other public improvements,I and all repairs thereto or replacements required shall be accomplished as providedinSection6.The City of Moses Lake reserves the right to construct,change orrepairanypublicimprovements,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 Ord.#962;Page 2 grantee shall,at its own expense,lower,change or alter the pipelines or appur-tenances involved accordingly,and in accordance with the standard engineering practice and any regulations pertaining thereto;and the grantee shall not inter-fere with other public utilities or City operated utilities therein.If practi- cable,no water line shall be laid closer than two (2)feet to any utility. I Section 6.No extensions of water mains shall be made and no construction or re-construction 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 theCityofMosesLake. Section 7.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 theCityharmlessforanylossordamagesthereon.The grantee shall further berequiredtoconformtoanyordinanceoftheCityofMosesLakewithreference tocuttinganystreetsorsidewalksandthereplacementthereof. Section 8.The grantee shall at all times.keep maps and records showing thelocationsandsizesofallwatermainslaidbyitorownedbyitinstreets andotherpublicplaces,and such maps and records shall be furnished to the officials of the City of Moses Lake without cost. Section 9.In case of failure on the part of the grantee to comply with any of theprovisionsofthisordinance,or if the grantee,its successors or assigns,do orcausetobedone,any act or thing prohibited by or in violation of the terms ofthisordinance,the grantee shall forfeit all rights and privileges granted by thisordinance,and all rights thereunder shall cease;provided that such forfeiture shallnotoccurnortakeeffectuntiltheCityofMosesLake.shall carry out the followingproceedings: i Before the City may proceed to forfeit this franchise,it shall serve,by registeredmail,a written notice upon the local chairman or board of the grantee,its successorsorassigns,setting forth clearly and in detail the failure or violation complained ofandthegranteeshallhaven‡nety (90)days thereafter in which to comply with theconditionsofthisfranchise. If such failure or violation continues beyond said ninety (90)days,then the CityCounciloftheCityofMosesLake,at its sole discretion,shall have the right toforthwithdeterminethatthisfranchiseisforfeited.Said determination shall bemade,however,only upon proof established to the satisfaction of 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 oritsinhabitantshavebeenmateriallyandsubstantiallyeffectedthereby. Provided,however,that such failure or default or violation,shall not constitutegroundsforforfeitingofthisfranchiseifduematerially,substantially andreasonablytoactsofGod,fire,flood,storm or other element or casualty,theft,war,disaster,strike,lockout,boycott,prevailing war or war preparation inducedconditionsorbonafidelegalproceedingsbeyondthecontrolofthegrantee. Section 10.In the event that any sentence,clause,paragraph or section of thisordinancebeheldvoidbyanyCourt,it shall not affect the balance hereof,andthisordinanceshallbecomeeffectiveuponpassageandapprovalbytheCityof I Moses Lake and its acceptance in writing by Moses Lake Irrigation &RehabilitationDistrictwhichacceptancemustbefiledwithinthirty(30)days after the passageandapprovalbytheCityCounciloftheCityofMosesLake,Washington. Ord.#962;Page 3 Section 11.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 I 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,excava-tion,installation,construction,repair or operation of said water system or anyactdonebythegranteeunderthisrightandprivilege,and the said grantee agreesthatduringthelifeofthisrightandprivilegeitwillremaininfullforceandeffect,with an insurance carrier or carriers authorized to transact business intheStateofWashington,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 amenda- tory thereof. (b)Grantee agrees to provide certificates of insurance demonstratingfinancialresponsibilityintheeventofbodilyinjuryand/or public liability inminimumamountsasrequiredbytheCityofMosesLakeforpublicworkscontracts. PASSED by the City Council and APPROVED by the Mayor of the City of Moses Lake,Washington,this 3rd day of June ,1980. M A YOR ATT City Clerk APPROVED AS TO FORM: Att rney