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Ordinance 0279ORDI AL CE N 0. E79 . 0+1� __r Ordinance granting to the Edmonds Spring ;'later Company, a v carparatior, its successors and assigns, the right, privilege and authority to lay, maintain and operate water works, mains,pipes, and conduits in the streets and public pluses of the City of Edmonds, �yl or as the limits of same may be hereafter extended, to furnish fire ��. protection and to supply the City and inhabitants thereof with pure and fresh water and to charge and collect reasonable rates, tolls and compensations therefor, as hereinafter provided. The City Cour_cil of the 6"ity of Edmonds do ordain as follows: SECTIOr; 1: - Grant. That there be and is hereby granted to the Edmonds Spring Water Company, a corporation, its successors and assigns,(Mnich corporation, its successors and assigns, are herein called the Grantee) the right, privilege and authority to lay, maintain and operate water works, mains, pipes and conduits it the streets and public places of the City of Edmonds,( and upon such streets, alleys and public places as may hereafter become a part of said City by extension of the limits thereof) to furnish fire protection and to supply the City and the inhabitants thereof with pure and fresh water, and to charge and collect reasonable -rates, tolls and compersation therefor, as hereinafter provided. OTAI"O SECTIOL 2: Egeavations and Restoration, of Streets. �OJV All mains and pipes shall be Laid not less than twenty-four (24) inches below the established grade or grades under which they are po laid anit such manner as not to interfere with the construction l of sewers ar_d drains, nor with the grading and improvement of streets and public places it the City. All ma irs to be laid or, any street shall be laid or. the same side of said street. Wherever the estab- lishment of grades, drains and sewers or other city improvements shall render necessary the removal or relaying of the mains and pipes of the grantee, said grantee shall, upon written notice given by the proper city authorities proceed witch diligence to re- move and relay the same at its (the grantees) expense and upon the grantees fail -are so to do, then the City authorities may remove the same and shall not be liable to the grantee for damages ensuing from such removal, but said grantee shall be liable for the cost and expense thereof which shall be a lien upon all the property of said grartee. in proeecutirg the work of excavating and of laying, mairtaining and operating said water works, mains and pipes the grantee shill be governed by and conform to the general Ordinances of the City of Edmonds. It shall forthwith and rith all convenient speed and reasonable diligence replace the earth and leave the streets and public places in as good repair as they were before making the excavations, to the satisfaction of the officers charged with the supervision and care of such streets and public places. { If the Grantee shall fail so to do, the Gity of Edmonds shall r�vethe right to put such streets and public places in as good � repair as they were before the making of said excavations and the 1bV cost and experse thereof shall be charged to and paid by said i grartee upon presentation of an itemized and verified statenert of the cost and expense which shall be a lien upon all property of said grantee. SEIC IOE 3: Excavatiors to be guarded. ''l11 excavations so made shall be carefully guarded so as to prevent accidents, and there shall be kept along said work sufficient safe- guards and sigrs during the day and safeguar.as and Ianterrs during during the right. 4W 1 SECTIOI. 4: The City to be saved harmless. V. The grantee shall save and ;peep said City harmless and free from liability for any damage to any property or person resulting from qthe laying, repairing or operation of said mains, pipes and conduits. 1.51 Any damage done to the streets or other public or private property• of the city through the operation of the mains, pipes and conduits shall be promptly repaired and restored at the expense of the grantee. SECTION 5: Franchise, how assigned or mortgaged. w <10 This Franchise and the rights herein granted may be assigned or mort-c gaged, but no such assignment or mortgage shall be valid until a copy thereof has been.filed in the office of the City Clerk and thir- ty (30) days written notice given. SECTION 6: Franchise not exclusive. The rights and privilegesherein granted are not exclusive. The City reserves the right to grant other water franchise or franchises dur- ing the life of this franchise, and hereby expressly reserves the right to use its streets and publis places itself for such purposes. SECTION 7: Fire Hydrarts. .r- All fire hydrants shall be purchased and owned by the City. They Uvt' shall be installed and mairtained by the grantee by order of and under the supervision of the City Council at the expense of the City Such cost and expense to be authorized and paid by the City only upon the presentation and approval of an itemized and verified state- ment of the cost and actual expense of such installation and main- tenance. SECTION a: Tapping. r The grantee shall upon an application by a property owner or his agent put in all pipe to the property line of such applicant upon the payment by such applicant of such tapping rates as are now in force or as may be hereafter fixed by the State Public Service Commission. Provided, the grantee shall not be required to extend any such service to any such applicant more than three hundred (300) feet from its mains, unless the applicant pay such costs and charges as are incurred beyond said three hundred (300) feet. SECTIOLI 9: Bates: All rates for services rendered by grantee, except as hereinafter mentioned, shall be subject to the discretion of the State Public Service Commission and any change of rates shall become in force and be in effect only in the form and manner provided by law. In consideration of the rights and privileges herein granted �y- the grantee hereby agrees to furnish the City of Edmonds without additional remuneration., viz: 1st: Water during the life of this franchise for the City Ha Park, two watering troughs and two drinking fountain,, and water for the. City Dock for Municipal purposes or. Provided, that. the City of Edmonds may sell water from the City mock at a Jrice to be fixed by the grantee, but all revenue from such sale-s shall be paid to the grantee by the Wharfinger in charge of the dock. 2nd: Water for the first ten years of the life of this franchise for fire hydrants for fire protection only. Provided, that the grantee shall not be compelled to furnish such free fire protection from said fire hydrants at a greater pressure, elevation or quanti- ty than the presentsource can accommodate. Sprinkling of gardens and lawns on premises where water is used for domestic purposes, except where metered, shall be free from ex- tra charges but all such sprinkling may be limited to not less than four hours each day at such reasonable hours as the grantee may specify. SECTION 10: City Reserves Right to Purchase. ` The City hereby expressly reserves the right to purchase and they grantee hereby agrees to sell to the City the water works, mains, pipes and all its property at any time the Uity shall elect to pur^ chase the same. Such sale to be effected by means of an appraise- ment to be made by a Board of five Appraisers, two of whom shall be appointed by each of the parties hereto and the four so appoint- ed to select the fifth. In the making of such appraisement the said Board of Appraisers shall not take into consideration or fig a value upon the franchise herein'granted. 152 'row SECTI0E 11: Teftinatior of Grart. 1 The rights, privileges and franchise hereir granted shall continue and be in force for a period of twenty-five (25) years, from and after midnight of the date upor which this Ordir_.arce shall take effect,towit: up urtil midnight of the second day of December of the year 1939. ,ju SECTION' 12: -Repealing Former Franchises. Upon_ the acceptance of this franchise as hereinafter provided, all other franchises, rights ar d privileges under which the Edmonds Spr'r:g Water Compary shall have operated, owned or controlled and rot herein cor,taired shall be and are hereby expressly repealed and the same are arrulled, rendered void and cancelled by mutual consent. SECTION 13: Loceptarce of Frarchise. Iz order to claim the rights and berefits of this Ordinarce, the F,dmords 5prirg Water Company shall within ten (10) days after the r passage hereof, file it the office of the City Clerk of the City of Edmonds, its acceptance in writing signed by its President, at- tested by its Secretary and sealed With its corporate seal, and in case such acceptance is rot filed within the time prescribed this Ordinance shall be null and void. SECTIOI 14:-Dublicatior. This Ordinance shall take effect up- �6 on its passage, approval and publication as provided by law and as herein provided. Passed the Courcil and approved by me this Second day of Decem- ber, 1914. Attest: Oscar Grace, City Clerk. Lester W, Lutist Acting Mayor. I hereby certify that the above and foregoing is a true and correct copy of Ordinance ho.279 of the City of Edmonds, Wash. Oscar Grace, City Clerk.