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HomeMy WebLinkAboutOrd 0384 - Water Distribution System Franchise with King County Water District #75CITY OF TUKWILA WASHINGTON ORDINANCE RE202WPOIX NO. 384 AN ORDINANCE GRANTING TO WATER DISTRICT #75, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON, THE RIGHT AND FRANCHISE TO USE AND OCCUPY THE STREETS, AVENUES, ROADS, ALLEYS, LANES AND OTHER PUBLIC PLACES AND WAYS OF THE CITY OF TUKWILA, WASHINGTON, FOR CON- STRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER DISTRIBUTION SYSTEM AND ACCESSORIES WITHIN A PORTION OF THE CITY OF TUKWILA, WASHINGTON. FOLLOWS: THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN AS Section 1. The right is herein granted to Water District #75, hereinafter referred to as the "grantee" to lay, construct, extend, maintain, repair, renew and replace water pipes and mains and acces- sories under any and all streets, avenues, roads, alleys, lanes and other public places and ways in that portion of the City of Tukwila, Washington as hereinafter described, and to use and occupy said streets, avenues, roads, alleys, lanes and other public places and ways for the purpose of therein laying, constructing, extending, maintaining, renewing, replacing and repairing mains and pipes and all appurtenances thereto, and accessories used and /or useful for the transmission, sale and distribution of water within and through the described portion of the City of Tukwila, Washington, for the term of twenty -five years and thereafter from year to year until cancelled by either party, giving to the other thirty days notice in writing at and prior to the end of the current term, except as hereinafter provided. Section 2. This franchise shall be for the following described pipes within the City of Tukwila. Along south 178th Street, from 56th Avenue South to 57th Avenue South, then along 57th Avenue South from South 180th Street to the south line of Section 35, Township 23 North, Range 4 E.W.M. Any extension of said pipes shall be by application for a permit to the City Council of the City of Tukwila. Section 3. Rights herein granted shall be subject to and governed by this ordinance: PROVIDED, however, the council expressly reserves unto itself, all its police power to adopt general ordinances necessary to protect the safety and welfare of the general public in relation to the rights hereby granted not inconsistent herewith, but, without restricting or limiting any general taxing powers. ORDINANCE PAGE TWO Section 4. The location of all mains, laterals and appurtenances, their depth below the surface of the ground or grade of any such streets avenues, roads, alleys, lanes and other public places and ways, shall be determined and fixed by the City Engineer, and before any work is done by the grantee under this franchise, it shall first file with the City an application for a permit to do such work, accompanied by drawings, showing the position and location of all such mains and /or laterals and meter boxes, valves, and other appurtenances, sought to be con- structed, laid, installed or erected at that time, and their relative position to existing streets, avenues, roads, alleys, lanes and other public places and ways. The grantee further agrees that all work performed under this franchise shall be promptly completed to the satisfaction of the City Engineer. Section 5. The grantee in such application shall specify the class and type of material to be used and the equipment to be used and mode of safeguarding and facilitating public traffic during con- struction. All such materials and equipment shall meet the specifi- cations of the ordinances of the City of Tukwila and shall meet with the approval of and pass all requirements of the City Engineer. Section 6. The grantee shall leave all streets, avenues, roads, alleys, lanes, public places and ways, after laying and installing main, and doing construction work, making repairs to equipment, et cetera, in the same condition or better as they were before the commencement of such work by the grantee, its agents or contractors. In case of any damage to said streets, avenues, roads, alleys, lanes, public places and ways, to the pavement, turn -outs, gutters, ditches, walks, drain pipes, rails, bridges, trestles, wharfs, or landings by the grantee, said grantee shall immediately repair said damage at its sole cost and expense. The council may at any time do, order, and have done any and all work considered necessary to restore to a safe condition, any such street, avenues, roads, alleys, lanes, public places and ways, or pavement, turn -outs, gutters, ditches, walks, drain pipes, rails, bridges, trestles, wharfs, or landings, left by the grantee or its agents in a dangerous condition to life or property, and the grantee, upon demand, shall pay to the City of Tukwila, all costs of such con- struction or repair and of doing such work. Before undertaking any of the work or improvements authorized by this franchise, the grantee, its successors or assigns, shall on request by the City of Tukwila, furnish a One Thousand Dollar Bond ($1,000.00), executed by the grantee and a corporate surety authorized to do a surety business in the State of Washington, to insure perfor- mance of the grantee's obligations underthis franchise, conditioned that the grantee shall well and truly keep and observe all of the cov- enants, terms, and conditions and faithfully perform all of the grantee obligations under such franchise; shall correct or replace forthwith on receipt of notice thereof, any defective work or material used in ORDINANCE 3 PAGE THREE the replacement of the city streets or property discovered within a two -year period of the date of the replacement and acceptance of such repaired streets by the city; it shall restore the streets or property to the condition in which they existed prior to any commence- ment work thereon by the grantee, where the change was occasioned by the work being performed thereon by the grantee, within the period of time specified by the Street Superintendent in the permit issued for such work. Section 7. The grantee, by the acceptance of this franchise, hereby agrees, for itself, its successors and assigns, to protect and save harmless the City of Tukwila 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 the grantee's operation under this franchise, included but not restricted to, any faulty construction, defective material, or equip- ment or maintenance or improper occupation of streets, avenues, roads, alleys, lanes, public places and ways by the grantee, or by reason of the negligent, improper or faulty manner of safeguarding any excavation temporary turn -outs or inefficient operation by the grantee of its pipe lines as herein before designated; and in case suit or action is brought against said City for damages arising out of or by reason of the grantee's operation under this franchise, the grantee, its succes- sors and assigns will, upon notice to it or them, of the commencement of said action, defend the same as its or their sole cost and expense; and in case judgment shall be rendered against the City in such suit or action, the grantee will fully satisfy said judgment within ninety days after said suit or action shall have been finally determined adversely to the city, provided the grantee herein, its successors and assigns, shall have the right to employ its or their own counsel in any cause or action or to be given the management of the defense thereof. The grantee shall provide a certificate of liability insurance from a reputable insurance company to the City of Tukwila, showing that the grantee has in force and effect a blanket liability policy, providing up to $100,000 per person and $300,000 per accident for personal or bodily injury and $50,000 for property damage. Section 8. If at any time the City of Tukwila deems it advisable to improve any street or public place in which grantee's facilities are installed by grading, regrading or draining, or installing or re- locating municipally owned sewers, drains or watermains, the grantee, upon written notice by the City of Tukwila, shall at its own expense, so raise, lower or move its line of pipes to conform to such new grades as may be established, or place said pipes in such location or position as shall cause the least interference with any such improvement and said City of Tukwila shall in no wise be held liable for any damages to the grantee that may occur by reason of such improvements. APPROVED S 0 FORM: ORDINANCE .3�` PAGE FOUR If the City of Tukwila shall improve such streets or public place, the grantee shall, on written notice by said Town, and at the sole expense of the grantee, replace said pipe or pipes as may be in or through the improved grade of such improvement with pipe or pipes of such material as shall conform to the specifications for the improve- ment of such street or public place. Section 9. The City of Tukwila shall have the right to purchase the water distribution system and appurtenance thereto installed pursuant to this franchise by a payment of an amount of money equal to the original cost including development and engineering costs LESS; Depreciation as determined by grantees normal and usual depre- ciation schedules, assessments collected and outstanding assessments together with a 5% credit for uncollectible assessments. Section 10. Grantee agrees to be bound by the City of Tukwila's standards and specifications as to minimum sizes, standards of design, construction, and quality of materials to be used in all watermains, extensions, appurtenances and branches thereto. Section -ll All of the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the grantee and all the privileges of the grantee shall inure to its successors and assigns. Section 12. If the grantee, its successors or assigns, shall violate or fail to comply with any of the provisions of this grant, or through negligence fail to heed any notice given to the grantee under the provisions of this grant, then the said grantee, its suc- cessors or assigns, shall at the election of the City Council of the City of Tukwila, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City of Tukwila. Section 13. This ordinance shall be inoperative unless the grantee shall file a written acceptance within thirty (30) days of the passage of the ordinance. Upon the filing of such written acceptance this ordinance and said written acceptance shall con- stitute and be a contract between the City of Tukwila and the grantee, its successors and assigns. Section 14. This ordinance shall take effect and be in force five (5) days after its passage, approval and legal publication. Introduced at a regular meeting of the Tukwila City Council on the 15th day of July, 1963. PASSED BY THE CITY COUNCIL this .5-day of/, 1963. MAYOR