Loading...
HomeMy WebLinkAbout671 ~',~;,'~:' t ,.... ORDINiJlJCE I'W. {; 7/ An Ordinance granting to Chas. R.Collins, his heirs and assigns, the right,privilege and franchise to construct, maintain and ope~ate gas works for manufactured and/or natural gas and also to lay gas pipes and n~ins in the streets, avenues, lanes, alleys, highways and other public places of the City of Auburn. The City Council of the City of ~~uburn do ordain as follows: Sec. 1. That Chas. R.Collins, his heirs and assigns, is hereby granted the riGht, privilege and franchise to construct, maintain and operate ';7i thin the corporate ILli ts 0 f the City- 0 f ~,"uburn, SUCil '/forks as may be necessary or convenient for the manu- facture or production of r~nufactured gas and/or natural gas to supply said City and its inhabitants and any other persons with such 2~as for liGhtin;, fuel and all other pUJ~'poses. 3ec. 2. That said Chas. R.Collins, his heirs and assigns, is hereby also granted the; riGht, :Drivilege and. franchise, of laying dovill, relaying, connecti,nl~' disconnecting, repairing and maintaining such and so many :0ipes, conduits and mains, along, through and under the Ct venue,s, streets, lanes, alleys, highways and other lJUblic places in the said City 0 f Auburn, as Fl2.y be necessary, c onvenlent or proper for supplying such gas for lighting, fuel and all other purposes to said Ci t:{ and its in11abi tants, and s.ny other pel's ons, and for that purpose to malee any and all connections whicll may be necessary, con- venient, or T'r opel' bet',:een .38,1 d 11ipes, conduits, and mains, and the dwellings and otlwr buildir€s of consumers of such gas, and also the right, privilece and franchise of supplying such gas for lighting, fuel and all other purposes to said City and its inhabitants and any other pcrsolls, either froDi TIorks erected, constructed and maintained in the said City, or elsewhere. Sec. 3. The. t in the wor]' 0 f breaking the Doil, pavement or . , II .~ .. sidewalk of the avenues, streets, lanes, alleys, higlr.-ays and other public l)laces in the City of Auburn for the T,urpose of laying, relaying, connecting, disconnectinc and repairing said YLains [Llld r:ipes, [u1.d r:J.akinc.; connections be tVIOen the same and the dViellings and other buildings of consULlers, the said Chas. ii.Collins, his heirs and ,'1ssiCns, sh'3.11 be ?overnecL by and conform to the general ordinances of Auburn in force at the tiDe said 70rk is done, regulating the opening and bre&l:ing of the avenues, streets, lanes, alleys, hichways, 2nd other public places, and he or they, shall at his or their e1.'}Jense, v:ith all convenient speed, cor.lplete the viork for which the soil shall have been broken and forthwith replace the earth and street improvements and restore the said avenues, streets, lanes, alleys, highways and other public places so opened, t 0 '~hc saY'le condi tion as they v:ere prior to the doing 0 l' such work. Sec.4. That ti.le City of Auburn hereby reserves the right .~o requil~c ::.:. pIc.t showin~~ tb.e location of the pire upon any c'Lvenue, street, lane, 8.1Iey, high'..-ay or other J;;ublic place -;il1ich said grantee purpo ses tolay and maintain under thi s frcmchi se, and said grantee shall Dave access to all records or other docmnents in the office of the City Clerk and the office of the City Engineer for the purpose of preparing such plat. Sec. 5. That v:henever the e;::;tablishnent of grades, sewers, drains or other Llunio :Lpo.l iml~r over.len ts shall render necessary the reI10val or relaying of said mains or pipes, said grantee his heirs and ass iell[." shall, uljon fifteen (15) days 1':1' i ttel1 noti ce , given by the proper city officer or officers, remove and relay the same at the eA'}Jense of said grantee, his heirs and assibTIs, and upon his or their fai11.1.1'e so to do, the said Oity officer or officers may remove the saIne, and neither said City nor its officer or officers shall be held liable for damages to said grantee, his heirs and assigns, arising from SUCri removal. -2- '.';":,?/\~ii? ' ./'""';' ':;i'!i< ~ . .. Sec. 6. That the said Chas. R.collins, his heirs and assigns shall COIflIllence v;"ork under this franchise vii thin six months from the time this ordinance goes into effect and shall within eighteen months from the aforesaid t1r.ee, have in operation a system of gas mains and pipes at least four rliles in length actually delivering Gas wi thin the corrorate li1'1i ts of the City 0 f Aubill~n, provided" hov;- ever that in the event that said grantee, his heirs or assigns be prevented from, or delayed in, commencing or completing said work within the times herein specified by any litigation or other cause beyond his or their control, the time for the performance of said work shall be extended for a period eQuc.l to the period of such interference or delay. Sec. 7. That the said Ohas. R.Collins, his heirs and assigns shall be liable for all dill~aSes which may be caused by reason of any person, animal or property being injured through any negligence on the part of the Grantee, his heirs and assigns, and shall hold the Ci ty of Auburn harmless and free fron any and all such claims arising fron the cons truction, maintenance and operation of the 'works, pipes and appurtenances contemplated by this franchise. Sec. 8. That nothing shall be construed in this franchise to give the said Chas. R.ColliLs, his heirs and assigns, the exclu- sive right to maintain and operate a gas plant or system in the City of Auburn. Sec. 9. That all the rights, privileges and franchises herein conferred upon and granted to the said Chas. R.Collins, his heirs and assigns, shall continue for fifty (50) years from the time this ordinance goes into effect, subject, however, to the conditions herein specifically set forth. Sec. 10. That the said Chas. R.Collins, his heirs md assigns shall, within thirty days from the effective date of this ordinance, file Vii th the City Clerk, his acceptance of the rights and franchises herein granted and subject to the conditions herein. -3- ~ '" IIf Sec. 11. The grantee, his heirs and assigns shall before com- mencing work under this franchise, file with the City Clerk of the City of Auburn, a policy of Public Liability Insurance, written by an insurs.nce company authorized to engage in the insurance business in the State of Washington, which shall insure the City of ~uburn against all claim~" dar!l8.ges 3.nd causes of action arising on account of the negligence of the grantee, his heirs and assigns, or his ~ their agents or employees,in laying said Gas mains, gas pipes or conduits, in the streets or other public places in the City of Auburn. Said polic:l shall insure the City 0 f A"-lburn in the maximum sum of Twenty-five Thousand (~251000) Dollars for injury to one (1) person, and in the maximum sum of Fifty Thousand Dollars ($50,000) for injuries to more than one person arisil~ out of the sare accident, and shall be kept continually in full force and effect until the construction work is completed, but not less than eighteen (18) months from the effective date of thi s ordinance. Sec. 12. This ordinance shall take effect and be in force five days from and after its publication as provided by law. Passed the Ci~. Council Approved this !.i!day of $ --- thi~l. day of ~__1929. ~929. ' ~ . ~~ l'iiay 0 l' w(~ ' .u/ C'~ Approved as to fork{ ~~ ,.,.t.,tI, I - .. -Attorney Date of publication: c7~ J-/ff /9'yf -4-