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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
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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.
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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.
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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
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thi~l. day of ~__1929.
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Approved as to fork{
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- .. -Attorney
Date of publication:
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