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Ordinance 0029ORDINA1VCE R0.29. An Ordinance granting to George Brackett, and his Assignees, the right of way, over certain streets within the Town of Edmonds, and the privilege to lay down and maintain therein a six inch water main pipe and latteral and sewer pipes. 1 34 call"" 1 Be it ordained by the Council of the Town of Edmonds. SECTION 1: The privilege and authority, and a Franchise is hereby granted to George Brackett, and his Assignees, to lay down, maintain and operate a six inch water main pipe over and along the streets hereinafter mentioned within the corporate limits of the Town of Edmonds, in Snohomish County, State of Washington, for the purpose of supplying said Town and the people thereof with water. c ,�7•!. SECTIOII 2: The excavation and laying down of the main water n� pipe mentioned in Section 1, shall commence at the East end of J Maple Street between Black Thirty-seven and Thirty.-eight,,and thence Pest along and on said Street to Sixth Street! thence north on Sixth Street to Dayton Street; thence West ox Dayton Street to Fifth Street; thence iVorth on Fifth Street to a point where said Fifth Street intersects with George Street. ea-vaL 6 �0 SECTION 3: Said pipe shall not be laid closer than eighteen jo,o� inches to the outside line of the sidewalk on any of said streets, and shall be laid to a depth of eighteen inches below the grade on all of said streets, and all excavations made for the same shall be filled with earth after the pipe is placed therein, so that no de- pression will appear thereon, after the same has settled, provid- ded, that in the event the grade has not'been established on any of said streets, or if the same has been established, and the streets,upon which it has been established,have not been improved and brought to said grade, said pipe, on such streets, shall be laid to the depth of eighteen inches below the surface of the land. d SECTION 4: In the event that the whole or any part of said yi pipe is laid on any street upon which a grade has not been estab- lished, or if established and the same has not been brought to the 4 0 established grade, no right or privilege herein granted shall oper- ate or permit or hinder the said Town of Edmonds from at any time establishing on any or all of said Streets and from making the necessary cuts, excavations and fills in improving said streets, and in placing the same upon the grade so established, and in grading and improving said streets. If it becomes necessary to re- move any or all of said pipe, the said Town of Edmonds shall notify the said George Brackett in writing what portion of said pipe it is necessary to remove, and the expense of removing and relocating said pipe shall be borne by the said George Brackett or his assignees, unless the Town Council shall otherwise order and direct, and if the said George Brackett, or his assignees, shall fail or refuse 1z remove said pipe in conformity to said notice for the period of three days, the Town Council may, either at a regular or special meeting called for that purpose, order said pipe removed and relo- cated, and the Street Commissioner shall at once remove said pipes, and for this purpose he shall have the necessary power to employ a sufficient force and to bring to his aid thenecessary means to remove the same, and said pipes shall be relaid for use as soon as the grading on any -of said streets is completed; and if said pipes are removed and relocated by the Town, the said George Brackett, or his Assignees, shall be liable to said Town for the full costs ail expenses incurred by said Town in removing and relocating said pipes. SECTION 5: In addition to the main water pipe herein provided for the said George Brackett shall have, and the right and privi- lege is hereby granted to him and his assignees to locate and lay `1 down on said streets, service pipes conveying water from the main pipe to abutting property on said streets, and for this purpose the privilege is hereby granted to the said George Brackett and his assignees, to Wake the necessary excavations under any sidewalk for the purpose of layiftg'Paid service pipes, all service pipes shall be laid down in all streets in the manner provided for lay- ing down and removing the main water pipes, as provided for by the terms and conditions contained of Sections Three and Fora' of this Ordinance. t SECTIO-d 6: All excavations made in any of said streets for the purpose of laying said main water pipe and service pipes, { shall be done in a careful manner and all such excavations while COY standing open shall be carefully guarded by night, as well as by day so as to prevent accidents and injury to persons and property. 35 And no excavations shall be allowed to stand unfilled for a great- @r length of time than three days, and no street shall be render- ed impassable on account of any excavations or work incident to the laying down said main water pipes or service pipes for a greater length of time than five days. SECTION 7: The said George Brackett and his Assignees shall, ff wj when requested by the Town Council of the Town of Edmonds, locate. and establish hydrants at such points along the streets over which said main water pipe passes for the purpose of supplying said town with water to be used .in extinguishing fire, and the said Town shall pay to the said George Brackett, or his Assignees, an annual rent on said hydrants so established. All hydrants shall be kept and maintained in a good serviceable condition by said George Brackett or his Assignees at his or their expense. SECTION 8: The hydrants herein provided for shall be placed six inches inside the curbstone line and latteral pipes leading r �.at from the main water pipes to said hydrants shall be laid at the depth of not less than eighteen inches below the -surface and all excavations made for said pipes shall be filled in such a manner as to leave no depression, after the earth has settled thereon. rr SECTION 9: All main pipes, latterals and service pipes shall good L0 be kept in ood serviceable condition and shall not be permitted to leak and waste water to injure or damage any W spfwalk or any jw property abutting and fronting on any of said streets, and in the event any of said pipes are suffered to leak and waste water to the injury of any street, side or cross walk, or private property, the pipes so leaking shall be deemed a nuisance which may be abatei by the order of the mayor of the Town. G {� SECTION 10: Nothing herein contained shall be so construed as r T� to the said George Brackett, his Assignees, the exclusive right ar.'L privilege of laying down and maintaining water pipes in any of the streets mentioned in this Ordinance, and as granting to him or them any vested rights inferior to the rights of said Town in any of the Streets herein named. SECTION 11: The rights and privileges herein granted shall Jt kL'?_ continue in full force for the period of twenty-one years fromt and after the passage of this Ordinance. SECTION 12:. This Ordinance shall be in full force from and after its passage and publication and the acceptance of its terms ,Paves and conditions in writing filed with the Town Council by said George Brackett. Passed and approved larch 3rd, 1893. Attest: dim. Plummer,Clerk. W.F.lrmstrong, Mayor. Posted March 3rd, 1893.