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HomeMy WebLinkAbout1087 Ordinancei ORDINANCE NO. 1087 AN ORDINANCE GRANTING A PERMIT TO FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1 TO CONSTRUCT, INSTALL AND MAINTAIN A NONPRESSURE GRAVITY FLOW IRRIGATION SYSTEM WITHIN THAT PORTION OF THE REPLAT OF LEWIS ADDITION ACCORDING TO PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 85 RECORDS OF FRANKLIN COUNTY, WITHIN THE FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1 BOUNDARIES THAT PRES- ENTLY LIE WITHIN THE CITY OF PASCO. FOLLOWS: THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS Section 1. The City of Pasco hereby grants a :pe,rinit tb..the -F-ranklin County Irrigation District No. 1 hereinafter referred to as the Grantee to construct an irrigation system in that portion of the Replat of the Lewis Addition, according to plat thereof recorded in Volume "B" of plats, page 85, records of Franklin County, within the Grantee's boundaries that presently lie within the City of Pasco, subject to the provisions of this ordinance. Section 2. The following definitions are provided for the sole purpose of proper interpretation and administration of this ordinance: 1. Construction or Construct shall mean constructing, laying, maintaining, testing, operating, extending, renewing, removing, replacing, re- pairing and using the irrigation water system. 2. Consumer shall mean any person, persons, customers, firm association, municipal corporation, or corporation that uses irrigation water including residential, commercial and industrial users. 3. Cross Connection shall mean any physical arrangement whereby the city water system is connected directly or indirectly with the irrigation water system which contains or may contain contaminated water, sewage or other waste or liquid or any other substance which would be capable of imparting contamination to the city water supply as the result of backflow. 4. Distribution System, System and Lines used either in the singular or plural shall mean and include the irrigation pipes, pipe lines, mains, laterals, conduits, feeders, fixtures, connections and all attachments, appurtenances and appliances necessary and incidental thereto or in anyway appertaining to the distribution and use of irrigation water. 5. Maintenance, Maintaining or Maintained shall mean and include relaying, repairing, replacing, examining, testing, inspecting, re- moving, digging, and excavating and restoring operations incidental thereto. 6. Public Properties shall mean and include streets, alleys, sidewalks, curbs, roads, highways, avenues, thoroughfares, parkways, bridges, viaducts, public grounds, public improvements and other public places within the designated area of the Replat of Lewis Addition, according to plat thereof recorded in Volume "B" of plats, page 85, records of Franklin C ounty. 7. Single lot connections shall mean that there will be one separate connection for each building, residence, or other structure. Section 3. Before any individual hookups and piping are allowed, a City permit for the same must be obtained and the installation approved by the City Engineer. Section 4. The rights, privileges and permit hereby granted to and conferred upon the grantee shall extend from the date of its passage until terminated. this ordinance. Section 5. Only single lot connections will be permitted under Section 6. After obtaining the necessary permits from the City Engineer in the manner prescribed by ordinance and in accordance with the general ordinances of the city regulating the opening and breaking of public properties and all building and fire codes and ordinances of the city, the grantee may enter upon, dig and excavate the present and future public properties of the city as now laid out or which may hereafter be established or acquired for the purpose of constructing, laying, operating and maintaining grantee's irrigation system and to make connection therewith for customers -2- and others. No park, public square or public place or like nature shall be torn up if there is an equally practicable way around it. -The practicability of said way is to be determined by the City Engineer. The location of all mains, laterals and appurtenances and their depth below the surface of the ground or grade of any public property shall be determined and fixed by the City Engineer provided that any existing mains, laterals and appurtenances of the grantee may remain as now located subject to the approval of the City Engineer and provided further that the city shall have prior right to the use of its public properties for the installation and maintenance of the sewer and water lines and should a conflict arise with the grantee's lines, the grantee shall, at its own expense conform to the sewer and water right of way requirements of the City. The owners of all other utilities, public or private, installed in such public properties prior to the installation of the lines and facilities of the grantee shall have preference as to 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 and changing the grade of any such public properties. Section 7. The grantee's agents, servants and employees shall have power to require of every consumer a contractural right for the grantee and the City to ingress and egress upon and from any and all irrigation water users properties for the purpose of testing, examining or inspecting the connecting lines, pipelines or laterals and appliances of the consumer, if, as and when the grantee or City chooses. Section 8. It shall be unlawful to install any cross connections between any portion of the irrigation system and the City water system. Section 9• The grantee shall file with the City Clerk a copy of all rules and regulations and any amendments made thereto applicable to irrigation water users. In this respect, the grantee shall prohibit all cross connections between its system and the City water system and shall prohibit the piping of -3- irrigation water into any residence or house outlet. Both the City and the grantee shall be required to do everything within its power to enforce all rules, regulations or ordinances and any amendments made thereto applicable to the use of irrigation water. Section. 10. Any damage to public properties by use of irrigation water must be repaired at the expense of the property owner or in the event not paid by the property owner, by the grantee. Section 11. If the City should pave or otherwise improve public properties including drainage facilities, relocate the same or change the grade thereof and such work should require the relocation or moving of any portion of the irrigation system of the grantee, the same including relocating and readjusting the elevation of its lines and facilities to conform to such new grade as may be established shall be done expediously by the grantee and its successors and assigns at its own expense. All work to be performed by the grantee under this section shall be performed as may be required by the terms of this permit. Section 12. Not withstanding any provision herein to the contrary, any excavation and installation by the grantee in any of the public properties within the corporate limits of the City shall be done in accordance with such reasonable rules, regulations, resolutions and ordinances now enacted or to be enacted by the City Council relating to excavations of public properties of the City and under the direction and supervision of the City Engineer. Section 13. Anything done pursuant to this permit shall comply with the terms of City Ordinances, this permit ordinance and all state laws, rules and regulations as hereafter revised and or amended. Section 14. The grantee' agrees to protect and save harmless the city from all claims, actions or damages of every kind and description which or may occur to or be suffered by the city/any person or, persons, corporations or property by reason of the construction, operation and maintenance of the grantee's irrigation water distribution system, lines and facilities, including but not limited to water contamination. In case suit or action is brought against the City for damages arising out of,or by reason of the above mentioned causes, the grantee will upon notice to it of the commencement of said action, defend the same at its sole cost and expense and in case judgment shall be rendered against the City in suit or action, the grantee will fully satisfy the judgment within ninety days after said suit or action shall have finally been determined. If determined adversely to the City upon the grantees failure to satisfy said judgment within the said ninety day period, this permit shall at once cease and terminate. Section 15. The grantee shall be liable for all damage to city streets, alleys, utilities and other City property as result of breakage in their mainlines or as a result of the installation of the irrigation system itself. Section 16. The grantee shall furnish such bond and insurance as may be required by City ordinance in making any disturbances or excavations in public properties. Section 17. The city reserves the right to adopt and enforce all necessary ordinances to control the performance and the conditions of this permit including reasonable ordinances of a police nature and the exercise of its police powers in the interest of public health and safety, and for the public welfare and in furtherance of the health and safetA convenience and welfare of the public; the City shall have the authority at all times to control by appropriate regulations, the location, elevation and manner of construction and maintenance of the grantee's irrigation district system and facilities on public properties and the grantee shall promptly conform with all such regulations. Section 18. The grantee shall at all times keep full and complete plans, plat or plats, specifications, profiles and records showing the exact location, depth and size of all irrigation lines heretofore laid in the designated area of the Replat of Lewis Addition showing the location of all lines and other construction and such plans, plat or plats, specifications, profiles and records -5- shall be kept current by the grantee to show thereon the exact location of all additional lines hereinafter installed by the grantee and its successors and assigns and these records shall be subject to inspection at all reasonable times by the City, and a copy of these plans, plat or plats, specifications, profiles, and records shall be furnished to the City. The grantee shall notify the City of all its present consumers and all future changes or additions of its consumers. Section 19. In case of failure on the part of the grantee and i /r its v successors and assigns to comply with any of the provisions of this ordinance or if the grantee and or its successors and assigns do or cause to be done any act or thing prohibited by or in violation of the terms of this permit the grantor shall give notice of such violation and its intention to revoke the permit if such violation is riot corrected within a reasonable time, in light of the violation, and upon the expiration of such reasonable time and failure of the grantee to eliminate such violation, the grantee and its successors and assigns shall forfeit all rights and privileges granted by this ordinance and all of its right herein shall cease and be terminated. Section 20. In addition to other remedies provided herein, the grantor reserves and has the right to pursue any remedy to compel and enforce the grantee an(�or its successors and assigns to comply with the terms hereof, and any right and remedy by the City shall not prevent the City from thereafter declaring a forfeiture for any reason herein stated after giving the notice re- quired by Section 19 hereof; nor shall the delay of the City in declaring a forfeiture preclude it from thereafter doing so unless the action of the city shall have prevented, caused or contributed materially to the failure to perform or do the act or thing complained of. Section 21. In the event the City declares this permit to be forfeited or upon its termination, the grantee and /r its successors and assigns shall remove its facilities from the public properties at its own expense including costs of all replacements and if it becomes necessary for the City to do so, the City shall be paid for the reasonable cost of such removal by the grantee. -6- Section 22. All rights and privileges granted and dutie.s imposed by this ordinance upon the grantee shall extend to and be binding upon the successors receivers and liquidators. Section 23. This ordinance shall not be construed to be an exclusive permit and shall not prevent the city from constructing an irrigation - distribution system and the necessary plant, works and appurtenances thereto or from granting other permits to such other persons, firms or corporations as it may find to be in the public interest. Section 24. The grantee and or its successors and assigns may :1 not assign this permit without the written consent of the City Council of the City 'f`- t/ and until the City Council has approved the terms of the assignment. But if such consent is given and the permit is assigned, such assignment shall be binding upon the grantees successors and assigns and independent contractors of the grantee and a copy of the assignment shall be filed with the city clerk. Section 25. An individual may install a pump to boost the irrigation water on his own property, provided that there are no cross connections and the pump is limited to a 40 PSI capacity in lines. Section 26. Any person convicted of installing a cross connection in any manner or otherwise violating any of the provisions of this ordinance shall be subject to a fine of not more than $300. 00 or imprisoned for not more than 90 days, or both such fine and imprisonment. Section 27. After the passage and legal publication of this .r. ordinance and if accepted within 30 days after such publication, the grantee shall L✓ indicate such acceptance by its filing with the city clerk of the city an unconditional and written acceptance thereof to be executed according to the law. Failure of the grantee so to accept this ordinance within the said period of time shall be deemed a rejection thereof by the grantee and the rights and privileges herein granted shall after the expiration of said period of 30 days if not so accepted absolutely -7- V cease and determine unless said period of time shall be extended by the city by ordinance duly passed for that purpose. Section 28. If any section, sub -section, paragraph, sentence, clause or phase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the remaining portions of this ordinance. Section 29. This ordinance shall be -in full force and effect after its passage and publication as provided by law, provided it is duly accepted as hereinbefore provided. PASSED by the City Council and APPROVED by the Mayor this 19th day of March, 1963. MAYOR Atte st O City Jerk Appro •e' as to fo m 4� a ­ City Attorney