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
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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.
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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
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