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Home My WebLink About1144 OrdinanceORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 1, 2, and 17 OF ORDINANCE NO.? 1137 BY ADDING TO THE EXISTING BOUNDARIES OF THE FRANK- LIN COUNTY IRRIGATION DISTRICT NO.' 1 PERMIT AND BEING AN ORDINANCE GRANTING A PERMIT TO THE FRANKLIN COUNTY IRRI- GATION DISTRICT NO.:, 1 TO CONSTRUCT, INSTALL AND MAINTAIN A NON -PRESSURE GRAVITY FLOW IRRIGATION SYSTEM WITHIN THAT PORTION OF THE REPLAT OF LEWIS ADDITION ACCORDING TO THE 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 THE CITY OF PASCO. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance No. 1137 is hereby amended to read 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, subject to the provisions of this ordinance, in the following designated areas:: A. That portion of the replat of Lewis Addition according to the plat thereof recorded in volume "B" of plats, page 85, records of Franklin County, within the grantees boundaries that presently lie within the City of Pasco. B. That portion of the west one-half of the southeast one-quarter of the southeast one-quarter of the southeast one-quarter of Section 24, Township9N.,Range 29, E. W.M. , lying north of the easterly production of centerline of Ruby Street as said street is shown in the plat of Lewis Addition. All conditions, terms and requirements hereafter stated shall apply only to such areas aforesaid. Section 2. Section 2 of Ordinance No. 1137 is hereby amended to read as follows:: 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 in- dustrial 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 con- taminated water, sewage or other waste or liquid or any other substance which would be capab le 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 appertaining 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, -2- 0 removing, digging, and excavating and restoring operations incidental thereto. 6. Public Properties shall mean and include streets, alleys, curbs, roads, highways, avenues, thoroughfares, park- ways, bridges, viaducts, public grounds, public improvements, and other public places within the designated areas as set forth in Section 1 hereof. 7. Single lot connections shall mean that there will be one separate connection for each building, residence, or other structure. Section 3. Section 17 of Ordinance No. 1137 is hereby amended to read as follows: 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 within the designated areas as set forth in Section I hereof 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 in- spection at all reasonable times by the City, and a copy of these plans, plat or plats specifications, profiles, and recordsshall 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 4. Within 30 days after the passage and legal publication of this ordinance, the Franklin County Irrigation District No. I shall give the -3- City of Pasco an unconditional written acceptance of this ordinance as it amends Ordinance No. 1137. Failure of the Franklin County Irrigation District No. 1 to so accept within the said period sof time shall be deemed a rejection thereof by the Irrigation District and all rights and privileges contained in this amendatory ordinance shall absolutely cease.' Section 5. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED by the Mayor this 21st day of July - 1964. Atte st-. City Clerk Approved as to form: City Attorfiey IN --1 O -R Councilman Councilman 6 LEAVY & TABER ATTORNEYS AT LAW 117 SOUTH THIRD STREET PHONE LIBERTY 7-SS76 City of Pasco Office of City Attorney Pasco, Washington Attention: D. Wayne Campbell Re: Franklin County Irrigation District - City of Pasco Permit Dear Mr. Campbell: P. O. BOX 673 PASCO. WASHINGTON July 23, 196+ As attorney for Franklin County Irrigation District No. 11 I have been instructed by the Commissioners at their last regu- lar meeting of July 7th to advise that they accept the terms and conditions as contained in the proposed Amendment to Ordinance No. 1137 as provided to me for presentation to them at such meeting. It is my understanding that this Ordinance has not been adopted by the City of Pasco as of this writing. I would appreciate your presenting this Ordinance to the new Council together with this letter which should be accepted by them as a letter of acceptance as provided in such Amendment by, such and for thereof. I await your further advices. Thank you. Respectfully yours, LEAVY AND TABER By DET j m�---- G �jj { M". .i ww�•^ Bii,t `SOF +i ..lie G Pasco, Washington August 3, 1964 Mr. -D. E. Taber F%. Co. Irrigation Dist. P. O. Box 673 Pasco, Washington Dear Sir: k a This is to advise you that we are in receipt of your letter accepting Ordinance No. 1144 on behalf of Franklin County Irrigation Dist. This ordinance was passed by the City Council at a regular meeting held July 21, 1964 and was published July 30, 1964 -- which would be the effective date of the ordinance. Sincerely, Esther Schlagel City Clerk dwc:es cc: D. Wayne Campbell •�t� 1 Pasco, Washington August 3, 1964 Mr. -D. E. Taber F%. Co. Irrigation Dist. P. O. Box 673 Pasco, Washington Dear Sir: k a This is to advise you that we are in receipt of your letter accepting Ordinance No. 1144 on behalf of Franklin County Irrigation Dist. This ordinance was passed by the City Council at a regular meeting held July 21, 1964 and was published July 30, 1964 -- which would be the effective date of the ordinance. Sincerely, Esther Schlagel City Clerk dwc:es cc: D. Wayne Campbell