Loading...
HomeMy WebLinkAbout2383ORDINANCE NO. 2383 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO THE CITY OF TACOMA AND ITS ASSIGNS, THE RIGHT, PRIVILEGE AND AUTHORITY TO CONSTRUCT AND MAINTAIN A TRANSMISSION MAIN IN CERTAIN STREETS IN THE CITY OF AUBURN FOR THE TRANSMISSION OF FRESH WATER ' FOR MUNICIPAL PURPOSES. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. GRANT AND TERMS. That there be and is hereby, granted to the City of Tacoma a municipal corporation and its assigns, the right, privilege, authority and franchise for a period of fifty (50) years from and after passage of this Ordinance to }ay down, build, construct a~d maintain' and operate, thr°~gh ~d acros~'certai~ ~s~ree~s~ of the City of Auburn, underground pipes and conduits for thepurpose of transmitting fresh water for municipal purposes. Section 2 TRANSMISSION MAIN. For the purpose aforesaid, the grantee and its assigns are hereby granted the right, liberty and privilege of laying down, relaying, connecting, disconnecting, and repairing such transmission main through and under the avenues, streets, lanes, alleys andpublic highways, and public parks and grounds of the City of Auburn as may be necessary, proper and convenient for transmitting the fresh water supply of the grantee through the city limits of the grantor. Section 3. PLANS AND SPECIFICATIONS. Before said grantee and assigns shall begin the construction of the transmission main underneath the said streets or places in the City of Auburn, it shall file with the City Engineer of the grantor detailed plans, specifications and profiles of the pipeline and shall show the place in said streets or places proposed to be used for and/or crossed by said pipeline, the size of the pipeline and its depth from the surface of the ground. The said plans, specifications and profiles shall be approved by the City Engineer of the grantee and a permit granted for the same before any excavation or the construction of said pipes shall be commenced, which appro~'l shall not be unreasonably withheld. The grantee upon receiving such construction permit shall hasten the work of construction with all convenient speed and shall repair the pavement or surface in as good condition as it waS before being disturbed by said grantee and repair it with the same kind of material as now laid on said streets or surface and subject to the approval of the City Engineer of the grantor, shall place an inspector upon the said street during the reconstruction of the pavement thereon and the salary of such inspector shall be paid by the grantee, and said street shall not be torn up in any event for a longer period than ninety (90) days after the said grantee shall begin the work of construction. If the grantee shall fail to build said street or surface in Page One as good condition as it was before or shall fail to rebuild it a~ all, the grantor may proceed to repair said street or surface and charge the expense thereof to the grantee. All excavations shall be carefully, guarded $o~as to prevent accidents by reason thereof, and the grantee shall save the grantor free and harmless of and from all costs, damages and expenses of any kind whatsoever occasioned by such work'or by the maintenance of such conduits and pipes through and across the street or place and should any final judgment be recovered against said city on account of any damages, said grantee shall forthwith pay the same, including grantor's reasonable attorney fees and costs, after having been notified in writing to do so by the grantor, and the failure of said grantee to make such payment within a period of sixty (60) days after such notice has been given shall operate as a forfeiture of the rights and privil~eges herein granted; provided, however, that the grantor shall in any suit brought against it on account of such damages and within twenty (20) days after service of process upon it give written notice to the grantee of the pendency of said suit, and thereon, grantee shall haVe the option of defending said litigation on behalf of the City at its own cost. Section 4. NOT TO INTERFERE WITH OTHER PIPES. Said pipes shall be laid down in such manner as not to interfere with the sewer or water pipes or any other pipes in said streets and places and all pipes and conduits to be laid down by the grantee shall be of first quality material. Section 5. FRANCHISE NOT EXCLUSIVE. Nothing in this Ordinance shall be construed as granting to the said grantee and assigns an exclusive right or prevent the granting to other companies or individuals a franchise for like purposes. Section 6. SERVICE AVAILABILITY. In the event that the City has need for additional domestic water and the grantee determines that it can provide such water from the transmission line and at the rates it charges other consumers, similarly located, the grantee shall so make available points of distribution in order to provide the additional supply so determined. Section 7. ACCEPTANCE. In order to claim the rights and privileges granted by this franchise, the grantee or assigns shall, within th~r!~y (30) days after the approval of this Ordinance, file with the City Clerk of the grantor its acceptance in writing of the franchise granted by this Ordinance. Page Two Section 8. from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: EFFECTIVE DATE. That thiS Ordinance shall take effect five (5) days SEPTEMBER'2, 1969 SEPTEMBER15' 1969 SEPTEMBER15, 1969 ATTEST: ....'- - .- - ~/ ' _ City Clerk APPROVED~c~~~'~AS TO FORM: S-~_ - - ' '' Cl'~y /~orney MAYOR Page Three