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HomeMy WebLinkAbout3536 ORDINANCE NO. 3 5 3 6 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO THE WASHINGTON NATURAL GAS COMPANY, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY GAS PIPES AND MAINS IN THE STREETS, AVENUES, LANES, ALLEYS, HIGHWAYS, AND OTHER PUBLIC PLACES IN THE CITY OF AUBURN, WASHINGTON. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That said Washington Natural Gas Company, its successors and assigns, is hereby granted the right, privilege and franchise of laying down, relaying, connecting, disconnecting, repairing and maintaining such and so many pipes, conduits and mains, along, through and under the avenues, streets, lanes, alleys, highways, and other public places in the said City of Auburn, as may be necessary, convenient or proper for supplying such gas for lighting, fuel and all other purposes to the said City and its inhabitants and any other persons, and for that purpose to make any and all connections which may be necessary, convenient, or proper between said pipes, conduits, and mains, and the dwellings, and other buildings of consumers of such gas, and the right, privilege and franchise of supplying such gas for lighting, fuel and all other purposes to said City and its inhabitants and any other persons, either from the works erected, constructed and maintained in said City, or elsewhere. Section 2. That, in the work of breaking the soil, pavement or sidewalk of the avenues, streets, lanes, alleys, highways or other public places in the City of Auburn for the purpose of laying, relaying, connecting, disconnecting and repairing said mains and pipes, and making connections between the same and the dwellings and other buildings of consumers, the said Washington Natural Gas Company, its successors and assigns, shall be governed by and conform to the general ordinances of Auburn in force at the time said work is done, regulating the opening and breaking of the avenues, streets, lanes, alleys, highways and other public places, and it or they, shall at its or their expense, with all convenient speed, complete the work for which the soil shall have been broken and forthwith replace the earth and street improve- ments and restore the said avenues, streets, lanes, alleys, highways and other public places so opened to the same condition as they were prior to the doing of such work. ---------------------- Ordinance No. 3536 Page One 6-10-80 7-9-80 Section 3. That the City of Auburn hereby reserves the right to require a plat showing the location of the pipe upon any avenue, street, lane, alley, highway or other public place in which said grantee proposes to lay and maintain under this franchise, and said grantee shall have access to all records or other documents in the office of the City Clerk and the office of the City Engineer for the purpose of preparing such plat. Section 4. That whenever the establishment of grades, sewers, drains or other municipal improvements shall render necessary the removal or relaying of said mains or pipes, said grantee, its successors and assigns, shall upon fifteen (15) days written notice, given by the proper City Officer or Officers, remove and relay the same at the expense of said grantee, its successors and assigns, and upon its or s their failure so to do, the'said City Officer or Officers may'remove the same, and neither said City nor its Officer or Officers shall be held liable for damages to said grantee, its successors and assigns, arising from such removal. Section 5. That the said Washington Natural Gas Company, its successors and assigns, shall be liable for all damages, which may be caused by reason of any person, animal or property being injured through any negligence on the part of the grantee, its successors and assigns, and shall hold the City of Auburn harmless and free from any and all such claims arising from the construction, maintenance and operation of the works, pipes and appurtenances contemplated by this franchise. Said Washington Natural Gas Company shall upon approval of this Ordinance file with the Auburn City Clerk a certificate of insurance, such certificate to include those coverages germane to the exposures consistant with the work being performed (i.e., products, completed operations, broad form property damage, ex- cavation, collapse and vehicles). Further, said Washington Natural Gas Company will give the City of Auburn no less than thirty (30) days notice in the event of cancellation of any of the applicable policies, coverages, and/or limit of liability. The minimum limit of the liability provided by Washington Natural Gas Company to the City of Auburn shall be no less than $5,500,000.00. ------------------- Ordinance No. 3536 Page Two 6-10-80 7-9-80 Section 6. Nothing shall be construed in this franchise to give the said Washington Natural Gas Company, its successors and assigns, an exclusive right to lay gas pipes and mains in the streets, avenues, lanes, alleys, highways, and other public places in the City of. Auburn, Washington. Section 7. That all the rights, privileges and franchise herein conferred upon and granted to the said Washington'Natura1 Gas.Company, its successors and assigns, shall continue for five (5) years from the time this Ordinance goes into effect. Section 8. That the said Washington Natural Gas Company, its successors and assigns, shall within thirty (30) days from the effective date of this Ordinance, file with the Auburn City Clerk, its acceptance of the rights and franchises herein granted and subject to the conditions herein. Section 9. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: SEPTEMBER 2, 1980 PASSED: SEPTEMBER 2 1980 APPROVED: SEPTEMBER 2 1980 ATTEST: City p erk -------------------- Ordinance No. 3536 Page Three and Last 6-10-80 7-9-80 8-27-80 (page three only) 9-3-80 (page three only) PUBLISHED: SEPTEMBER 7, 1980 STATE OF WASHINGTON) ss COUNTY OF KING ) I, Coralee A. McConnehey, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the fore- going is a full, true and correct copy of Ordinance No. 3535 of the ordinances of the City of Auburn, entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO THE WASHINGTON NATURAL GAS COMPANY, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY GAS PIPES AND MAINS IN THE STREETS, AVENUES, LANES, ALLEYS, HIGHWAYS, AND OTHER PUBLIC PLACES IN THE CITY OF AUBURN, WASHINGTON. I certify that said Ordinance No. 3535 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 2nd day of SEPTEMBER , A.D., 1980 I further certify that said Ordinance No. 3535 was published as provided by law in the Daily Globe News, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 7th day of SEPTEMBEg A.D., 198o WITNESS my hand and the official seal of the City of Auburn; this 2nd day Of DECEMBER A.D., 1980 1 CITY CLERK OF THE CITY OF AUBUR