Loading...
HomeMy WebLinkAboutORD 1544ORDINANCE NO. 1544 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING A FRANCHISE TO THE CITY OF SEATTLE, A MUNICIPAL CORPORATION, FOR THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF A WATER SUPPLY LINE ON AND NEAR 132nd AVENUE S.E. WITHIN THE CITY 0'F RENTON, AND FIXING THE TERMS AID CONDITIONS OF SUCH GRANT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON: SECTION I: The right, privilege and franchise is hereby granted unto the City of Seattle, a municipal corporation, for a period of fifty (50) years from and after the date of acceptance by the City of Seattle of this ordinance, to construct, install, operate and maintain a water supply line, thirty-six (36) inches in diameter, in, upon, and along 132nd Avenue S. E., within the City of Renton, King County, Washington. The water supply line shall be located 17 feet west of the center line of 132nd Avenue S. E. and shall commence at the south line of S. E. 128th Street and continue northerly along 132nd Avenue S. E. to the present city limits, a total distance of 3314 feet, more or less. SECTION II: The City of Seattle, as Grantee herein, shall have the right of reasonable ingress and egress to and from said water supply line for the purpose of repair, replacement and maintenance thereof but such right shall be subject to and consistent with the rights and regulations of the City of Renton and the rights of the public for use of said avenue or street. All necessary work required to be done by Grantee shall be completed with reasonable dispatch and with the least practicable interference with or inconvenience to the rights of the public and individuals. Grantee shall restore all streets, alleys, sidewalks and public grounds, upon completion of any excavation, installation, repair or replacement, to their prior condition of safety, utility and type of construction. In case anIT obstruction caused by Grantee shall remain longer than five (5) days after notice to remove it, or in case of e U neglect or failure by said. Grantee to protect any dangerous places by proper guards, barricades or other precautions, the City may remove or protect them at the expense of said. Grantee. Further, the City of Renton reserves the right at all times upon reasonable notice to the grantee, to excavate for, install, construct, maintain and operate, water, sewer and other utility lines andconnections thereto, parallel to, across, or in. proximity to the water supply line of Grantee, and. the City of Renton may further require such changes or adjustments as may be d.eemed necessary by it from time to time. Whenever it shall become necessary in grading or re -grading, paving or re -paving, improving or re -improving any highway, street, avenue or alley in said. City of Renton.., or in the building of any side- walks or any improvements thereon., to remove any appurtenances or appliances located. above, at or in proximity of the surface, except the water supply line, belonging to the Grantee, it shall, upon. receiv- ing reasonable notice from the City of Renton, move such appurtenances or appliances at its own cost and. expense; and.. if said. Grantee ,shall fail, neglect or refuse to remove such appurtenances or appliances; then same may be removed. by the City of Renton at the expense of said Grantee. Whenever it may be necessary in making any of the improve- ments herein mentioned, or in the construction of any sewer or water - main, or in the laying down of any other d.uly authorized. conduit owned or controlled. by•.the City of Renton, to remove, re -locate or in any manner change any appurtenances or appliances belonging to said Grantee, it shall, within a reasonable time after receiving such notice from the City of Renton, remove, re -locate or change said appurtenances or appliances, and upon its failure or neglect to do so within a reasonable time, then such appurtenances or appliances may be removed, re -located. or changed. by the City of Renton at the expense of Grantee. The City of Seattle, as Grantee, hereby agrees to comply with all applicable provisions of the Qrd.inances of the City of Renton as at any time in force, and, with the laws and regulations of any -2- competent governmental agency having controlling jurisdiction, affecting the premises or the exercise of rights under this ordi- nance. If the Grantee shall at any time fail to promptly perform and comply with any duty or obligation herein imposed, then the City of Renton may, at its option, proceed to perform and execute same at the cost and expense of the Grantee and Grantee shall immediately become and remain liable unto the City of Renton for any and all such loss, expense, cost or damage. and install Section III. Grantee further agrees to provide/at time of con- struction, 8 -inch outlets in said water supply line, so same will be availablelfor future connections to the City of Renton water system and to permit connections thereto; said outlets are to be located at intersections of said.water supply line with the following thorough- fares: (a) Maple Valley Highway (also known as Primary State Highway No. 5); (b) Southeast 128th Street; (c) Sunset Highway (also known as Primary State Highway No. 2); and (d) agrees to provide such connec- tions at other locations as Grantee and the City of Renton may agree on from time to time. Grantee further agrees to provide such tap connections for service to the City of Renton in the same manner and under the same conditions, as tap connections are provided to other customers supplied with water from said pipeline. Grantee agrees to furnish and sell water through such connections to the City of Renton when requested, at no more than the then established and prevailing rates charged to any other municipal users of water from said pipeline. Section IV: Grantee further agrees to indemnify and save the City of Renton harmless from and against any and all damages, loss, expense, obligations, claims and demands, for injury to person or property or for any other alleged cause, which may be asserted against the City of Renton or sustained by it in any manner growing out of the construction, installation, repair, maintenance, use or operation of said water supply line; that in case any suit shall be instituted against the City of Renton, either independently or -3� jointly with the Grantee, for or upon any such matter indemnified against herein, the Grantee upon notice and request to it by the City of Renton shall defend the City of Renton against any such action. Section V: This franchise is granted upon the express condi- tion that Grantee within sixty (60) days after the adoption of this ordinance shall file with the City Clerk of the City of Renton "its written acceptance thereof. e SECTION VI: This franchise is not exclusive and shall not preclude the City of Renton from granting franchises to other persons, companies or municipal corporations to use the said streets, avenues and other public thoroughfares or any part thereof covered by this franchise for the same purpose as herein authorized or for any other purpose authorized by law. SECTION VII: This ordinance shall be in full force and effect after its passage, approval and legal publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF RENTON this 1st day of, may 1856. Do theaL S-Gssetttlii City Clerk APPROVED BY THE MAYOR OF THE CITY OF RENTON this 1st day of may 1956. A p o ve d a s t o form. . Joe R. Baxte , Mayor ,Gerard' M. S e an, Ass stant City Attorney Date of publication as a proposed Ordinances March 22, 1956. Date of publication as Ordinance No.1544t Ma4g 10i 1956.