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CITY OF KENT
ORDINANCE NO.
AN ORDINANCE granting to Water District
No. 75, Icing County, Washington, a
municipal corporation, the right and
franchise to use and occupy the streets
and other public ways and places of a
portion of the City of Kent, Washington,
for construction, maintenance and opera-
tion of a water distribution system.
BE IT ORDAINED by the Council of the City of Kent as fol-
Section 1: Definitions. The following definitions are
provided for the sole purpose of proper interpretation and ad-
ministration of this ordinance:
(A) Operate or operation shall mean construction,
aging, maintenance, testing, operating,
extending, renewing, removing, replacing,
repairing, and using a water distribution
system.
(B) Distribution system, system and main used
ether inn Ft e singular or pluralTein shall
mean and include the water pipes and pipelines,
mains, laterals, conduits, feeders, regulators,
meters, fixtures, connections, existing and
presently planned storage tanks, and all attach-
ments, appurtenances and appliances necessary
and incidental thereto or in any way appertaining
to the distribution and use of water.
(C) Streets or ublic
�lla�acees�s shall mean and include
streets, al eleys,-sfdewalks, curbs, roads, high-
ways, avenues, thoroughfares, parkways, bridges,
viaducts, public grounds, public improvements,
property owned now or hereafter acquired by the
Water District within the present and/or future
corporate limits of the city.
Section 2: Grant. The City of Kent in King County,
Washington, hereinafter referred to as "The City",grants to Water
District No. 75, King County, Washinton, hereinafter called
"The ;district", and its successors and assigns, the right,
privilege, authority and franchise, for a term of fifty (50) years
from and after the effective date of this ordinance, to operate
the existing distribution system, together with future extensions,
additions and acquisitions thereto situate west of Primary State
Highway No. 1 (the new freeway) and within the territorial limits
of the City as said territorial limits are presently constituted,
or as hereinafter extended by annexation to the City.
Section 3: Rights. The District shall continue to
exercise, within the territory above described, all rights, privi-
leges, powers and functions of the District as provided by law
as if there had been no annexation, including but not by way of
limitation, the right to levy and collect special assessments,
adopt and carry out the provisions of its comprehensive plan, or
amendments thereto, for a system of improvements, and issue and
sell revenue and general obligation bonds within or related to
the aforedescribed area. Said rights, however, shall be subject
to the specific provisions of this ordinance concerning permits,
safety, street restoration and related matters.
Section 4: Limitation upon city water service. Pursuant
to that certain "agreement" by and between the City and the Dis-
trict, as approved by Ordinance No. 1136 of the City and Resolution
No. 62-7-5B of the District, and as part of the consideration of
said agreement and dismissal by the District of its pending liti-
gation against the City, the City does hereby expressly covenant
and agree not to, during the term of this franchise, serve or
furnish water to any customers or persons within the aforedescribed
territory during the term of the franchise, unless so required by
law.
Section 5: Cooperation and previous agreements. The
City and the District agree to cooperate in all manner and things
in order to effectuate the intent and purpose of this franchise
and of the agreement between the City and the District referred to
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in the immediately preceding paragraph hereof. Nothing contained
in this ordinance shall be in derogation of or'intended to super-
sede any of the provisions of the agreement referred to in the
immediately preceding paragraph hereof. In the case of incon-
sistency between any of the provisions of this ordinance and of
the aforesaid agreement or ambiguity arising as a result of the
provisions of this franchise and of the aforesaid agreement, this
franchise and the aforesaid agreement shall be read and construed
together to effectuate the purpose and intention of the parties.
Any matters not specifically referred to in this ordinance shall
be governed by the agreement referred to in the immediately pre-
ceding paragraph hereof.
Section 6: Permits and easements. The City shall, sub-
ject to reasonable general ordinances of the City concerning safety,
street restoration, planning and zoning, and other aspects of the
City's police power, grant to the District such permits and ease-
ments as are necessary and reasonable in the District's operation
of its distribution system. The :location of mains and other por-
tions of the District's distribution system shall be determined by
the District subject to the approval of the CitV and its engineer.
Except in emergencies the District shall, before entering upon and
in the streets for purposes of repair, extension, etc., of portions
of the District's distribution system, first file with the City an
application for a permit to do such work. Said application for
permit shall be accompanied by drawings showing the position and
location of the affected portion of the water distribution system
and its relative position in regard to existing streets.
Section 7: Plans and records. The District shall at
all times keep full and complete plans, plats, specifications,
profiles and records showing the exact "as built" location, depth
and size of all portions of the water distribution system within the
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aforedescribed area and showing the location of all valves and
appurtenances. Said records shall be.subject to inspection at all
reasonable times at the District office by the proper officials
and agents of the City and a copy of any such plans, plats or
specifications shall be furnished to the City by the District upon
request.
Section 8: Specifications and standards. Specifications,
standards and methods of construction of the Districtts system
shall be determined by the District. In applying for a permit to
enter in or upon the streets the District shall, if requested by
the City, specify the class and type of material to be used and
the equipment to be used and the mode of safeguarding and facili-
tating public traffic during construction.
Section 9: Restoration of streets. The District shall,
after construction of or on any portion of the distribution system,
restore all streets or public places in as good and safe condition
in all respects as they were before the commencement of such work
and in accordance with uniform standards and general ordinances of
the City related thereto.
Section 10: Protection of City. The District, by acceptance
of this franchise, hereby agrees for itself, its successors and
assigns, to protect and save harmless the Cit;7 from all claims,
actions or damages of every kind and description which may accrue
to or be suffered by any person or persons, corporation or property
by reason of any negligent construction, operation or maintenance
of the District distribution system, or by the improper occupation
of the streets, or by reason of the negligent manner of safeguard-
ing any excavation or construction.
Section 11: Relocation. If at any time the City deems
it advisable to improve any street in which any portion of the
District's system is installed, and said improvement shall neces-
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sitate relocation or lowering of any portion of the District's
system, the 'District will at its own expense, upon thirty (:30)
days' written notice by the City, relocate, raise, lower or move
the affected portion of its system to conform to such new grades
as may be established and shall place the affected portion of its
system in such location or position as shall cause the least inter-
ference with any such improvement; provided, however, that the
District shall be required to relocate or move the affected portion
of its distribution system only if said portion interferes with
said improvement and no alternative plan for the improvement is
reasonably feasible.
Section 12: Other utilities. This errant shall not be
exclusive and shall in no manner, except as hereinbefore provided
regarding water service by the City itself, prohibit the City
from granting other franchises of a like nature or franchises for
other public or private utilities over, along, across, under and
upon any of the City's streets and shall in no wise prohibit or
prevent the City from usin- any of its streets with full power to
make all necessary changes, relocations, repairs, maintenance, etc.,
of the same as the City shall deem fit; provided, however, that
the `district shall not be required to relocate or move any of its
facilities merely for the convenience of other utilities and uses
of the street.
Section 13: Successors. All of the provisions, condi-
tions, regulations and requirements herein contained shall be
binding upon the successors and assigns of the District and all
privileges of the District shall inure to its successors and
assigns.
Section 14: Condemnation. The City agrees that it will
not, during the term of this franchise, condemn or otherwise ap-
propriate any portion of the District's system except as is pro-
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vided in the agreement between the City and the District referred
to in Section 4 hereof or except as required by law and does hereby
agree not to exercise any rights of acquisition provided for in
Sections 2 and 3, Chapter 245, Laws of the State of Washington of
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1931, except as the same shall be agreed to by the District.
Section 15: Acceptance. This ordinance shall be in
full force and effect from and after its passage and its acceptance
by the District. The District may accept this franchise by filing
of a certified copy or duplicate original of a resolution of its
Board of Water Commissioners to that effect with the City Clerk.
PASS D by the Council of the City of Kent, this
day of , 1962, at a regular meeting thereof.
APPROVED this day of , 1962
By
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Mayor
Attest:
0
t;ity Clerk
SCW: r
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