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CITY OF KENT
ORDINANCE NO. / �f
AN ORDINANCE granting to Water District
No. 75, Iain -County, Washington, a
municipal corporation, the right and fran-
chise 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 operation
of a water distribution system.
BE IT ORDAINED by the Council of the City of rent as fol.
Section 1: Definitions. The f ollowin-,, definitions are
provided for the sole purpose of proper interpretation and ad-
ministration of this ordinance:
(A) Operate or operation shall mean construction,
laying, maintenance, testing, operating,
extending, renewing, removing, replacing,
repairing, and using; a water distribution
system.
(B) Distribution system, system and main used
either in tie singular or pluralTerein 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 oublic maces shall mean and include
streets, alte-y--s, ssiidewaiks, 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*', ,rants to Water
District No. 75, ring County, Washington, hereinafter called "The
District", and its successors and assigns, the right, privilege
authority and franchise, for a term of five (5) dears from and
after the effective date of this ordinance, to operate the existing
distribution system, together with future extensions, additions
and acquisitions thereto situate east of Primary State Highway
No. 1 (the new freeway) and north of the Kent -Des Moines Road
and within the territorial limits of the Water District and within
the territorial limits of the City as said territorial limits are
presently constituted or as hereinafter extended by annexation to
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the City. Provided, however, that this grant shall be subject
to the provisions of Section 15 hereinafter of this ordinance.
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
limitations, the right to levy and collect special assessments,
adopt and carry out the provision 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-
trist, 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. Provided, however, that this grant shall be subject to the
provisions of Section 15 hereinafter of this ordinance.
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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
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. In the case of inconsistency
between any of the provisions of this ordinance and of the afore.
said 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 preceding
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»
meets as are necessary and reasonable in the District's operation
of its distribution system. The location of mains and other portions
of the District's distribution system shall be determined by the
District subject to the approval of the City and its engineer. Ex-
cept 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.
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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 afore -
described area and showing the location of all valves and appurte-
nances. Said records shall be subject to inspection at all reason-
able 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 District's 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 City 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-
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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 necessitate reloca-
tion 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 interference with
any such improvement; provided, however, that the District shall
be required to relocate or move the affected portion of its distribu-
tion system only if said portion interferes with said improvement
and no alternative plan for the improvement is reasonably feasible.
Section 12: Other utilities. This grant 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 using 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, conditions,
regulations and requirements herein contained shall be binding upon
the successors and assigns of the District and privileges of the
District shall inure to its successors and assigns.
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Section 14:
Condemnation. The City agrees that it will
not, during the term of this franchise, condemn or otherwise
appropriate any portion of the District's system except as is
provided 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 e<.ercise any richts of acquisition pro-
vided for in Sections 2 and 3, Chapter 248, Laws of the State
of Washington of 1951, except as the same shall be agreed to by
the "District.
Section 15: City's rights to serve water. Notwithstanding
1' any provisions of this franchise to the contrary, if at any time
within the term of this franchise or any extensions or renewals
hereof, the City of Kent shall install sewers within the afore -
described area and within its territorial limits as presently
constituted and as hereinafter extended by annexations, if any,
the City shall be entitled to also furnish water to such sewer
users and shall, in the event the Water District has facilities
within the sewered area, assume the operation and maintenance of
those Water District facilities.
Section 16: Ex2iration of franchise. Upon expiration of
this franchise, or any extensions or renewals hereof, the City
will assume the operation and maintenance of those Water District
facilities lying within the territorial boundaries of both the
City and the Water District and shall serve the water users within
such areas subject, however, to the limitations hereinafter con-
tained.
Section 17: Collection of water service charges. The City
shall, subject to the provisions of that certain "Agreement" by
and between the Cite and the `Nater District approved by City
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Ordinance No. 1136 adopted July 2nd, 1962, bili and collect all
water service charges from water users it serves. The Water District
shall bill and collect all water service charges from water users
it serves.
Section 18: Phase out upon expiration. It is recognized
that upon expiration of this franchise, or any extensions or re�
newals hereof, the City may not, in all instances, be able to
immediately furnish water service to all of the water users within
its then territorial boundaries within the above described area.
In such event, the Water District shall continue to serve such
areas, to the extent it is'practicable and economically feasible
for the Water District, until such time as the City is prepared
to serve those areas.
Section 19: Reservation of mains. Notwithstanding any
provisions of this ordinance to the contrary, the Water District
shall, upon expiration of the franchise, or any extensions or
renewals thereof, retain title to and exclusive operation of any
portions of its distribution system !yin,,' outside the territorial
limits of the City and, in addition, shall maintain title to
and exclusive operation of the followin described water main
contained, in part, within the territorial limits of the City:
Commencing at the intersection of Primary State Hihway No. 1 (the
new freeway) and the jiilitary Road, thence southerly along the
Military Road to South 240th Street, thence West along South 240th
Street to, across, and beyond Primary State Highway No. 1 (the
new freeway). In addition, and unti-j_ such time as the City annexes
the entire area contained within Valley Vista, SuburbanView and
Rancho Linda Additions, the Water District shall retain title to
and exclusive operation of the existing water main lying in the
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military Road between South 240th Street and South 242nd Street.
Section 20; 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 oricinal of a resolution of its
Board of Water Commissioners to that effect with the City Clerk.
P" D by the Council of the City of Tent, this
day of `, 1962, at a regular meeting thereof.
APPROVED this --day of ., 1962.
Apzved as to I form:
Attest:
City Clerk
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