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' '
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41.
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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`
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•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.
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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
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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
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