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Resolution 308RESOLUTION NO. 308 RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, GRANTING A FRANCHISE FOR THE CONSTRUCTION, OPERATION, • AND MAINTENANCE OF A WATER MAIN IN THE PUBLIC STREET AND RIGHT -OF -WAY IN SAID CITY TO THE ALDERWOOD WATER DISTRICT, A MUNICIPAL CORPORATION. . WHEREAS, it is to the advantage to the City and its citizens to grant a nonexclusive franchise to the Alderwood Water District for the installation, operation and maintenance of a water line in a portion of 68th Avenue West within said City in order to provide adequate water for present and future residents of said, area, and the City Council finding that it is in the interests of the public.health, safety and welfare that said line be installed pursuant to franchise, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AS FOLLOWS: Section 1. The Mayor is hereby authorized to execute the franchise agreement identified as Exhibit "A" and attached here- to granting permission to the Alderwood Water District to install, operate and maintain a water line within that portion of 68th Avenue West from 160th Street Southwest north 660 feet more or less within said City upon the terms and conditions set forth in said Exhibit "A" which is incorporated herein by this reference as if set forth in full. Section 2. That this franchise shall be in full force and effect from five (5) days following date of publication. :94;• aP, ATTEST: MAYOR CITY CLERK, DE TY PASSED BY THE CITY COU IL: JULY 16, 1974 FILED WITH THE CITY CLERK: July 2, 1974 PUBLISHED: Augb:5t `7 j,1974' ' � %J 41. 4 deem fit. All costs pertaining to the granting of this franchise shall be borne by the Alderwood Water District. // ATED at Z/ 0Kwoa�( , Washington, this 2 - ?I-&-1 day of. • Uu , 1974. 11 ALDERWOOD WATER DISTRICT z, By CITY OF EDMONDS By Mayor` -5- •li M. Vk • E EXHIBIT "A" IN THE MATTER OF THE APPLICATION OF ) ALDERWOOD WATER DISTRICT, A MUNICIPAL ) CORPORATION, FOR A FRANCHISE TO ) CONSTRUCT, OPERATE AND MAINTAIN A ) WATER MAIN IN, ALONG AND UNDER CERTAIN ) PUBLIC STREET AND RIGHT-OF-WAY IN THE ) CITY OF EDMONDS, SNOHOMISH CO., WASH. ) FRANCHISE 0rZ t41flk,,. Application of the Alderwood Water District, a municipal corporation located in Snohomish County, Washington, for a franchise to construct, operate and maintain a water main in, along and under city streets of the City of Edmonds, Snohomish County, Washington, as hereinafter set forth, having come on regularly for hearing before the City Council of the City of Edmonds on the 16th day of July 1974, at the hour of 7:30 o'clock p.m., and it appearing to the City Council of the City of Edmonds that notice of said hearing has been duly given as required by law, and that it is in the public interest to grant the franchise herein granted; NOW, THEREFORE, IT IS HEREBY ORDERED that a franchise be, and the same is hereby given and granted to the ALDERWOOD WATER DISTRICT, a municipal corporation located in Snohomish County, its successors and assigns, hereinafter referred to as the Grantee, for a period of Twenty years from and after this date, to construct, operate and maintain a water main in, under and along: the public right -of -way designated variously as 68th Avenue West from 160th Street S.W. north 660 feet more or less, all lying within the City of Edmonds, Snohomish County, Washington. This Franchise is granted upon the following express terms and conditions, to wit: I That the ALDERWOOD WATER DISTRICT, its successors and assigns (hereinafter designated "grantee ") shall have the right and authority to enter upon the above mentioned city street and right -of -way for the purpose of constructing its water main and all necessary facilities connected therewith, and for repairing all such lines and facilities, and for operating and maintaining said lines and facilities. L EXHIBIT "A" II Grantee shall file with the City Right -of -Way Invasion Permit to do such • and specifications in duplicate showing location of all such lines sought to be relative position to right -of -way upon inafter collectively referred to as the Engineer its application for work, together with plans the position, depth, and constructed, showing their Dlans drawn to scale, here - "map of definite location." The watermains and appurtenant facilities shall be laid in exact conformity with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the City Engineer. The plans and specifications shall specify the class and type of material and equipment to be used, manner of excava- tion and construction, backfill, erection of permanent structures, traffic control, etc. All such work shall be subject to the approval of and shall pass the inspection of the City Engineer. The Grantee shall pay all costs and expenses incurred in the examination, inspec- tion and approval of such work. III All construction or installation of such lines and facilities, service repair, or- relocation of the same, performed under this franchise shall be done in such a manner as not to interfere with the construction and maintenance of other utilities, public or private, drains, ditches and structures, located therein, nor with the grading or improvement of such roads or rights -of -way. The owners of all utilities, public or private, installed in such rights -of -way or other property prior in time to the lines and facilities of the grantee shall have preference as to the positioning and location of such utilities so installed with respect to the grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such road or right -of -way. IV All work done under the franchise shall be done in a thorough and workmanlike manner. Grantee shall promptly repair any existing improvements damaged or disturbed by reason of work done under this franchise. In the construction of the water main and appurtenant facilities, the work shall be done in such a way as to interfere as little as possible with public travel:, and grantee shall take all due and necessary precautions to guard the same, ,so that damage or injury shall not occur or arise by reason of such work. The Alderwood Water . District shall hold the City of Edmonds harmless for any injury. to person or persons or damage to property sustained through.its care -. lessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or .tunnels dug or maintained by the Grantee. -2- All work shall conform to Standards as defined in Chapters • City Code or such other standard surface of the right -of -way desc: consist of an asphaltic - concrete existing pavement as directed by V the City of Edmonds Codes and 7.01 and 7.30 of Title 7, Edmonds as may apply. Restoration of the ribed, where appropriate, shall also overlay of the full width of the the City Engineer. VI If, at any time, the City of Edmonds shall determine to improve or change any street, right -of -way or other improvement subject to this franchise, by grading, regrading or paving the same, changing the grade, altering, changing, repairing or relocating the same or by constructing drainage facilities; or in the event that such right -of -way or other property subject to this franchise shall become a Primary State Highway as provided by law, the grantee upon written notice from the City Engineer, or the Director of Highways, shall, at its sole expense, immediately change the location or readjust the elevation of its water main and other facilities so that the same shall not interfere with such work and so that such lines and facil- ities shall conform to such new grades or routes as may be established. The City of Edmonds shall, in no way, be held liable for any damages to said Grantee that may occur by reason of the City's improvements, changes or works above enumerated. Upon Grantee's failure to commence and complete in a timely manner work required under this agreement within seventy -two hours of giving of notice of the same by the city, the city shall have the right to proceed with the work and charge Grantee for all costs and damages, including any incidental or con- sequential damages and including a reasonable attorney's fee which Grantee shall be obligated to pay. VII The laying, construction, operation and maintenance of the Grantee's water mains authorized by this franchise shall not preclude the City of Edmonds, its agents or contractors from blasting, grading, excavating or doing other necessary road work above or contiguous to said lines and facilities of the Grantee, provided that the Grantee shall be given forty -eight hours' notice of said blasting or other work in order that Grantee may protect its lines and facilities. VIII • Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads and all other surveys, the Grantee shall -3- eY, reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Grantee's operations under this franchise. The method of referencing these monuments shall be approved by the City Engineer. The replacement • of all such monuments or makkers disturbed during construction shall be made as expeditiously as conditions permit, and as directed by the City Engineer. The cost of monuments or other markers lost, destroyed or disturbed, and the expense of replacement by approved monuments shall be borne by the Grantee. IX In the event any area presently lying within the City Limits of Edmonds is most advantageously served through afore - described water main owned and operated by Alderwood Water District, Edmonds is hereby granted the right to use such facilities for the transmission of its water. The cost due Alderwood from Edmonds for such services and the use of the Alderwood facilities shall be agreed upon by the parties at such time as the use of said facilities may be required. 91 The Grantee does hereby agree to defend, indemnify and hold the City of Edmonds harmless from all claims, actions or damages of every kind and description which may occur to or be suffered by any person or persons, corporation or property by reason of the construc- tion, operation and maintenance of the Grantee's said water lines and facilities regardless of whether said damages are caused or contrib- uted to by the City of Edmonds. Grantee's obligation shall include all costs and attorney's fees which may be incurred by the city in the event of any claim made for which Grantee is responsible under this agreement. XI This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the City of Edmonds from granting other franchises of a like nature or franchises for any other public or private utilities under, along, across, over and upon any of the public right -of -way subject to this franchise, and shall in no way prevent or prohibit the City of Edmonds from constructing, altering, maintaining or using any of said roads, rights -of -way, drainage structures or facilities, irrigation structures or facilities, or any other property or affect its jurisdiction over them or any part • of them with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the City of Edmonds may -4-