1298_00001ORDINANCENO.1298
ANORDINANCEGRANTINGTO US SPRINT COMMUNICATIONSCOMPANY,
A NEWYORKGENERALPARTNERSHIP,ITS SUCCESSORSOR ASSIGNS,
A FRANCHISETO OWN,OPERATE,ANDMAINTAINA BURIEDCOMMUNI-
CATIONSYSTEMANDMAINTAINTHATPORTIONOF RIGHT-0F-WAY
TO CITY STANDARDSABOVEANDAROUNDTHE COMMUNICATIONSSYSTEM
i THECITY COUNCILOF THE CITY OF MOSESLAKE;WASHINGTONDOORDAINAS FOLLOWS:
'Section 1.US Sprint;a NewYork General Partnership (Grantee);is granted
the right;privilege;and franchise to construct a buried communication s.ys-tem sometimes referred to herein as "facilities";which has been approved by
the City of Moses Lake as to location along and under the public right-of-ways
of said city;to operate and maintain the communication system and to provide
perpetual maintenance of the portions of the right-of-ways disturbed by con-struction and maintenance of the said system.This franchise is a non-exclusive grant.
Section 2.The rights;privileges;and franchise hereby granted to and con-†erred 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 Finance Director 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 andvoidinallrespectsasifneverpassed.
The rights granted by this ordinance inure to the benefit of grantee and anyparent;subsidiary;affiliate or any successor entity now or hereafter exist-
ing.The rights shall not be assignable without the express written consent
of the governing body of the City of Moses Lake;except grantee may assign its
rights under this ordinance to a parent;subsidiary affiliate;or successorientitywithoutsuchconsentsolongas(1)such parent;subsidiar.y;affiliate;
or successor entity assumes all obligations of grantee hereunder;(2)is bound
to the same extent as grantee hereunder;and (3)notice of such assignment is
transmitted to the Cit.y of Moses Lake at least 30 days prior to its effective
date.Any required consent is to be evidenced by an ordinance or resolution
of the governing body of the city that fully recites the terms and conditions;
if any upon which consent is given.
Section 3.This ordinance and the written acceptance thereof by the grantee
shall constitute the contract between the City of Moses Lake and the granteeandthesameshallbebindinguponandinuretothebenefitofthegrantee;its successors and assigns under the conditions herein imposed.
Section 4.All facilities of the grantee shall be placed in such a manner asnottointerferewithanypresentpublicorprivateirrigationordrain
ditches drains;sewers;water mains;conduits;sidewalks;paving;curbs;gut-
ters;signs;landscaping or other public improvements;and all repairs thereto
or replacements required shall be accomplished as provided in Section 5.TheCit.y of Moses Lake reserves the right to construct;change;or repair anypublicimprovements;and to change the grades of any streets;alleys;or side-walks;written notice of such intention to change any streets;alleys;orsidewalks;where any part or parts of the communication system of the grantee
may be involved;shall be first given the grantee;and if any changes or re-pairs are required;the grantee shall;at its own expense;lower;change;orialteritsfacilitiesasnecessary;and in accordance with the standard en-gineering practice and any regulations pertaining thereto;and;the granteeshallnotinterferewiththeconduits;water lines;drains sewers;sidewalks;paving;or other public utilities or city operated utilities therein.No pipe
or conduit shall be laid closer than two feet (2')to any water main or otherpipeorconduitofotherutilitiesexceptbywrittenpermissionofthecity.
Section 5.All earth;materials;sidewalks;paving;crossings;or improve-ments of any kind;disturbed;injured;or removed b.y the grantee shall be ful-ly repaired or replaced promptly by the grantee;and the grantee shall protectandsavethecityharmlessforanylossordamagesthereon.And;the granteeshallfurtherberequiredtoconformtoanyordinanceoftheCityofMosesLakewithreferencetocuttinganystreets;or sidewalks and the replacementthereof.Repairs replacement;or maintenance of cit.y owned facilities within
ORD.1298/Page 2
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.
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.The grantee shall provide a location ser-
vice or contract with some local utility to provide local utílities and ex-
cavators with the location in the field of its buried cables upon request.
This location service provided by the grantee shall have a twenty-four (24)
hour telephone number answering service and be available for emergency loca-
tion seven (7)days per week in the field.Emergency Tocate service is de-
fined as being able to locate buried utility facilities within four (4)hours
after receiving a request.
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 as maybe advisable or
necessary from time to time;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 th.is 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
forfeiture shall not occur nor take effect until the City of Moses Lake shall
carry out the following proceedings.
Before the city may proceed to forfeit this franchise;it shall serve,by reg-
istered mail at the last address provided by the grantee;a written notice
upon 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 ninety (90)days thereafter in which to comply with the
conditions of this franchise.
If such failure or violation continues 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 deter-
mination shall be made;however;only upon proof established to the satisfac-
tion of the City Council.
Provided;however;that such failure;or default;or violation shall not con-
stitute grounds for forfeiting of this franchise if due materially;substan-
tially;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 induced conditions;or bona fide legal proceedings or other
similar acts 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;suitsi liabilityi 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;for any damage arising out of the owner-
ship;excavation;installation;construction;repair or operation of said sys-
tem;or any act done by the grantee under this right and privilege.
Notwithstanding the above;grantee shall not hold the city harmless from any
claims;accidents;suits;liability;loss;expense;or damage as a result of
the negligent acts or omissions of the city;its employees;agents;or
contractors.
The grantee further agrees as follows:
A.Grantee shall carry comprehensive general liability and comprehensive
automobile liability insurance with bodily injury limits of not less than
one million dollars ($1;000;DOO)per occurrence;and property damage
limits of not less than one million dollars ($1;000;000).
ORD.1298/Page 3
B.Grantee's Comprehensive General Liability and Comprehensive AutomobileLiabilityInsuranceshallbewrittenbyaninsurancecompanywithaBestB+rating or higher and be qualified to do business in the State ofWashington.Grantee agrees to furnish city with certified copies of cer-tificates of insurance of said policies;which shall provide that in-surance shall not be canceled unless thirty (30)days prior written noticeshallfirstbegiventocity.
C.The city has the right to adjust the limits of insurance every five (5)I years to maintain coverage within a direct ratio with any inflationarychangesintheeconomy.
Section 10.The grantee shall;during each year of operation under thisfranchise,pay to the city the utility tax in accordance with the City ofMosesLake's Municipal Code Title 3;now existing or hereafter amended;ifapplicable.The company will supply an annual statement of revenues receivedfromanyserviceprovidedbythemwithinthecitylimitsofMosesLake.
Section 11.In the event that any sentence;clause,paragraph;or section ofthisordinancebeheldvoidbyanycourt,it shall not affect the balancehereof,and this ordinance shall become effective upon passage and approval bytheCityofMosesLakeanditsacceptanceinwritingbyUSSprintwhichaccep-tance must be filed within thirty (30)days after the passage and approval bytheCityCounciloftheCityofMosesLake;Washington.
Section 12.Grantee shall reimburse the City of Moses Lake in the sum of onethousanddollars($1,000)for the expenses incurred by the city for prepara-tion and publication of this franchise prior to the City Council 's final adop-tion of this ordinance.
Adopted by the City Council and signed by its Mayor on October 13;1987.
SUMMARYPUBLISHED:10/16/87
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