1168_00001ORDINANCENO.1168
ANORDINANCEGRANTINGTO PUBLICUTILITY DISTRICT NO.2OFGRANTCOUNTYAFRANCHISETOCONSTRUCT;OPERATE,ANDMAINTAINTHEMOSESLAKESUBSTATIONTOPENINSULASUB-STATIONELECTRICALTRANSMISSIONLINE ANDDISTRIBUTIONUNDERBUILDANDTOUSEANDOCCUPYSTRATFORDROAD,THEALDERSTREETFILLANDACROSSINGOFBROADWAYAVENUEINTHECITYOFMOSESLAKE;WASHINGTON
THE CITY COUNCILOF THECITY OF MOSESLAKE;WASHINGTON00 ORDAINAS FOLLOWS:
Section 1.Public Utility District No.2 of Grant County is hereby grantedItheright,privilege and franchise to construct,operate and maintain on,through,and along Stratford Road,the Alder Street Fill;alleys,and otherpublicpropertybelongingtotheCityofMosesLakeoverheadtransmissionfacilitiesknownastheMosesLakePeninsulaTransmissionLineandattacheddistributionprimaryandsecondaryelectricalfacilities;street lightingfacilities,unit substations,transformers;and service drops for the fulltermofthisfranchise,subject;however,to the limitations herein set forthandprovidedfurtherthatthisgrantisanon-exclusive grant.
Section 2.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 of acceptancehereofbythegranteeandthegranteeshall,within thirty (30)days after thedateofthepassingofthisordinance;file with the City Clerk its writtenacceptanceofalltermsandconditionsofthisordinance;and if such accep-tance is not filed as herein provided,this ordinance shall be null and voidinallrespectsasifneverpassed.
All rights and privileges granted;and duties imposed by this ordinance uponthegranteeshallextendtoandbebindinguponitssuccessors;legal rep-resentatives or assigns but this privilege and the rights granted under thisordinancecannotbetransferredbythegrantee;either by assignment,salemerger,consolidation operation of law or otherwise without first obtainingthewrittenconsentofthecitythereto;to be expressed by an ordinance.
I Notwithstanding the above;the grantee shall have the right to assign thisfranchiseunderanypresentlyoutstandingorfuturemortgageormortgagesgiventosecureanybondsorotherbonafideindebtednessofthegrantee.
Section 3.This ordinance and the written acceptance thereof by the grantee;shal I constitute the contract between the City of Moses Lake and the granteeandthesameshallbebindinguponandinuretothebenefitofthegranteelitssuccessorsandassigns;under the conditions herein imposed.
Section 4.All facilities of the grantee shall be placed in such a manner asnottointerferewithanypresentpublicorprivateirrigationordrainditches,drains,sewers,water mains;conduits,sidewalks,paving or otherpublicimprovements,and all repairs thereto or replacements required shall beaccomplishedasprovidedinSection5.The City of Moses Lake reserves therighttoconstruct,change or repair any public improvements,and to changethegradesofanystreets,alleys or sidewalks;written notice shall be firstgiventhegranteeandifanyremovalalterationorrelocationisrequired,the grantee shall,at its own expense,remove;alter,or relocate its facili-ties as necessary,and in accordance with the standard engineering practiceandanyregulationspertainingthereto;and the grantee shall not interferewiththeconduits,water lines,drains,sewers,sidewalks;paving or otherpublicutilitiesorcityoperatedutilitiestherein.No pipe or conduit shallbelaidcloserthantwofeet(2')to any water main or other pipe or conduitofotherutilities;except by special permit by the Municipal ServicesiDirector.
Section 5.All earth;materials;sidewalks;paving;crossings or improvementsofanykind,disturbed,injured,or removed by the grantee shall be fully re-paired or replaced promptly by the grantee,and the grantee shall protect andsavethecityharmlessfromanylossordamages.thereon.And,the granteeshallfurtherberequiredtoconformtoanyordinanceoftheCityofMosesLakewithreferencetocuttinganystreetsorsidewalksandthereplacementthereof.Repairs;replacement or maintenance of city owned facilities withintherightofwaynecessitatedbecauseofthedisturbancethereofshallbetheresponsibilityofthegranteetorepair,replace or maintain during the termofthisfranchise.
Section 6.The grantee shall at all times keep maps and records showing thelocationsandsizesofallfacilitiesplacedbyitorownedbyitinthecity;
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 totime;all in accordance herewith and in conformity with existing laws and
regulations.
Section 8.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
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 this
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 carryoutthefollowingproceedings:
Before the city may proceed to forfeit this franchise;it shallserve;by registered mail;a written notice upon the local managerofthegrantee,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 ninety (90)days
thereafter in which to comply with the conditions of thisfranchise.
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 have the right to forthwith determine that this
franchise is forfeited.Said determination shall be made,
however only upon proof established to the satisfaction of theCityCouncil.
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,lockout,boycott;prevailing war or war preparation in-
duced conditions;or bona fide legal proceedings beyond the con-trol 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 description which may accrue to or be suffered by any person or persons
firm,corporation or any building;for any damage arising out of the owner-ship,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 Utilit.y Dis-
trict 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.
Section 11.This ordinance shall take effect and be in force five (5)days
after its passage and publication as provided by law.
Adopted by the City Council and signed by its Mayor on February 26,1985.
ATTEST:
ORD.1168/Page 2 Publish:March 5,1985