HomeMy WebLinkAbout1137 OrdinanceORDINANCE NO. . 1137
AN ORDINANCE GRANTING A PERMIT TO- FRANKLIN COUNTY IRRIGATION
DISTRICT NO. .l TO CONSTRUCT,INSTALL AND MAINTAIN A NONPRESSURE
GRAVITY FLOW .IRRIGATION SYSTEM WITHIN THAT PORTION OF THE RE
PLAT 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
PRESENTLY LIE WITHIN TTIE -CITY O.F .PASCO.
THE CITY COUNCIL OF THE CITY OF PASCO �DO ORDAIN AS FOLLOWS:
Section 1. The City of Pasco hereby grants a permit to the Franklin
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
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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. All
conditions, terms and -requirements hereafter stated shall apply only to such
area aforesaid.
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, repairing and
using the irrigation water system in the area involved.
2. Consumer shall mean any person, persons, customers, firm
association, municipal corporation, or corporation that uses irrigation
water including residential, -commercial and industrial users in the area
involved.
.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 any way apportaining to
the distribution and use of irrigation water- in the area involved.
5: Maintenance, Maintaining or Maintained shall mean and include relaying,
repairing, replacing, examining, testing, inspecting, removing, 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 County.
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.
Section 5. Only single lot connections \vill be permitted under this
ordinance.
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 an '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 there with for customers and others. No park, public square or
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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 installationand
maintenance of the sewerand water lines and should a conflict arise with the
granteets 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 any 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 lateral$ 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. In the event of
violation of this section, the grantee shall immediately upon written demand
from the City terminate delivery of irrigation water to the property upon which
the violation exists.
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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 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 irri-
gation wate r.
Section 10. Any damage to public property by use of irrigation water must
be repaired at the expense of the property owner causing the same or in the
event not paid promptly by the property owner, the grantee shall immediately
upon written demand from the City terminate delivery of irrigation water to
the property owner causing such damage aforesaid.
Section 1-1. 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 f-acilities to conform to such new grade as may be established
shall be done expeditiously by the grantee and its successor 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
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terms of City Ordinances, this permit ordinance and all state laws, rules
and regulations as hereafter revised and/or amended.
Section 14, The grantee shall be liable for all damage to city streets,
alleys, utilities and other city property as the result of breakage in their
caused during
mainlines from any cause whatsoever or_?€ the installation of the
irrigation system itself.
Section 15; 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 16, The City reserves the right to adopt and enforce all necessary
ordinances to control the performance and the conditions of this permit includ-
ing 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 safety, 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 17, 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 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.
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Section 18. In case of failure on the part of the grantee and/or its
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 not 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.
Secf•ion 19. In addition to other remedies provided herein, the grantor
reserves and has the right to pursue any remedy to compel and enforce the
grantee and/or its successors and assigns to comply with the terms hereof,
and any right and remedy by the City shall not prevent the Citi from thereafter
declaring a forfeiture for any reason herein stated after giving the notice
required by Section 18 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 20. In the event the City declares this permit to be forfeited
or upon its termination, the grantee and/or 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.
Section '21. All rights and privileges granted and duties imposed by
this ordinance upon the grantee shall extend to and be binding upon the successors,
receivers and liquidators.
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Section,22-. 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.
5e'etion 23. The grantee and/or its successors and assigns may not assign
this permit without the written consent of the City Council of the City 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 24. An individual may install a pump to boost the irrigation water
.the provisions of Section 8 are not violated
on his own property, provided that and the
pump is limited to a 40 PSI'capacity in lines.
} Section 25. 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 26. After the passage and legal publication of this ordinance and
if accepted within 30 days after such publication, the grantee shall 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 here"
in granted shall after the expiration of said period of 30 days if not so accepted
absolutely cease and. determine unless said period of time shall be extended by
City by ordinance duly passed for that purpose.
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Section 27. 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 28. 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 3rd
day of March, 1964.
MAYOR
Approved as to form:
Ci Attorney
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FRANKLIN COUNTY IRRIGATION DISTRICT NO. I
Office Of The Secretary
201 1M N. Third Avenue . . . P. O. Drawer EE9 651
PASCO, WASHINGTON
March 3, 1964
City of Pasco
City Hall
Pasco, Washington
Gentlemen:
Please accept this letter as an unconditional acceptance of
Ordinance No. 1137 as passed at the regular meeting of the City
Council on March 3, 1964.
FRANKLIN COUNTY IRRIGATION