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ORDINANCE NO.
1 AN ORDINANCE of the City of Kent, Washington,
granting a franchise to the White River Valley
2 Water Company to lay certain water pipes under
certain public streets and rights of way, and
3 providing for expiration of said franchise on
December 28,
4 711
5 THE CITY COUNCIL OF THE CITY OF KENT do ordain as
g follows:
7 Section 1. The City of Kent, Washington (hereinafter
8 called the "City") herewith grants to the White River Valley ;nater
9 Company (hereinafter called the "Company") a franchise for pur-
10 poses and upon locations hereinafter set forth, which shall expire
11 December 28, 17S'.
12 Section 2. This franchise shall be for the purpose of
13 permitting the Company to install and maintain under certain
14 public streets and rights of way, hereinafter set forth, said
15 Company's four (4) inch (or smaller, at Company's option) line
16 for water service to Company's customers.
17 Section 3. The privileges granted Company in this
18 franchise shall not be exclusive.
19 Section 4. The City, during the term of this franchise,
20 reserves the right to amend the terms of this Ordinance and the
21 privileges granted herein upon the giving of thirty (30).days'
22 written notice to the Company.
23 Section 5. The City reserves the right to change the
24 grade of streets, alleys, and other public rights of way affected
25 by this Ordinance, and further, to require the Company to place
26 its water lines at least l v inches below the surface
27 of any such streets, alleys, and other public rights of way as
28 changed.
29 Section 6. The Company shall obtain a permit from the
30 City prior to any cutting into of any curb, sidewalk, alley,
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street or other public right of way surface in installing, con -
32 structing or maintaining its water lines under the terms of
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this Ordinance.
Section 7. The Company shall restore to their former
condition all curbs, sidewalks, alleys, streets, or other public
rights of way which it has disturbed in exercising its privileges
under the terms of this Ordinance; and where fills are made, upon
closing an excavation. Further, since the ground in time may
settle and thereby create hazards to vehicle or pedestrian safety,
the Company shall be required to keep said construction areas
in good condition for a period of six (6) months after said
construction.
Section 8. The Company shall bear the expense and cost
of relocating any of its lines covered by this franchise because
of relocations, street vacations or other modifications of the
public rights of way covered by the terms of this Ordinance.
Section 9. Should the City, during the term of this
franchise, desire to install any utilities in City streets,
alleys or public rights of way that do not call for the Company
to move or relocate any of its facilities covered by this fran-
chise, then the Company, upon written notice by the City, shall
temporarily remove any of its said facilities during such in-
stallation and replace the same under the supervision of the
City, and at the Company's cost.
Section 10. The privileges granted Company under this
Ordinance and franchise shall not be assigned without the
written consent of the City; and in the event such consent is
given, the terms in this Ordinance shall be binding upon the
Company's heirs, successors and assigns.
Section 11. If, in the future, the City shall find it
necessary to condemn all or part of Company's facilities covered
by the terms of this Ordinance, the Company, in agreeing to the
terms of this Ordinance, waives compensation for franchise value,
Ifuture earning capacity, or future good will resulting from the
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terms of this franchise.
Section 12. In the event the Company shall fail to
comply with any of the terms of this Ordinance and the franchise
privileges granted 'herein, the City shall notify the Company of
such non-compliance in writing, and the Company's rights under
the terms of this Ordinance shall then cease and be null and void.
Section 13. In the event of a valid forfeiture of this
Ordinance and franchise by the Company, or in the event of the
termination thereof without renewal, the Company (or its suc-
cessors in interest) shall remove its facilities from the City's
streets and other public rights of way covered by this Ordinance
at said Company's own expense, and if it becomes necessary for
the City to do so, the City shall be paid for the reasonable cost
lof such removal by the Company.
Section 14. The terms of this Ordinance and the fran-
chise privileges granted herein shall cover the City alleys,
streets, and other public rights of way along the following
described routes, located in the City of Kent, County of King,
I State of Washington:
In the northerly portion of the right of way on
212th Street South from its intersection with the
easterly boundary of the right of way for Russell
Road to a point 800 feet west of its intersection
with the west boundary of the right of way for
68th Avenue South (West Valley Highway).
Section 15. The terms of this Ordinance and the
franchise privileges granted herein shall be voidable by the
City of Kent unless, within ten days of its effective date as
provided by Section 16 hereof, the Company shall file with the
City Clerk of the City of Kent its written acceptance of the terms
of this Ordinance and the franchise privileges granted herein.
Section 16. This Ordinance shall take effect and be
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in force only after:
(A) It has first been submitted to the City Attorney;
and
(B) It is introduced at a regular meeting of the
Kent City Council; and
(C) It is passed upon favorably at a subsequent
regular meeting of the Kent City Council by at least five (S)
members thereof; and
(D) It is published at least once in a legal newspaper
published in the City of Kent, Washington.
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ATTEST:
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CjjA-RtES BR G , CLE R
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APPROVED AS TO FORM:
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OHN B. iWREITER, CITY ATTORNEY
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SUBMITTED to City Attorney on the 7th day
of December, 1964.
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INTRODUCED the day of
196_.
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APPROVED the ,;� �� y, day of _� �_,
196.
day
196.
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PUBLISHED the of _ -. __
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