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HomeMy WebLinkAbout0381 Resolution1 z.,J RESOLUTION NO. 381 WHEREAS, the City Council of the City of Pasco on the 6th Day of December, 1955, adopted Ordinance No, 839 (Pasco City Code 4-6) granting to Cascade Natural Gas Corporation, a Washing- ton Corporation, a natural and/or artificial gas franchise and the right to construct, operate, and maintain a gas plant and distribution system in the City of Pasco, and granting to said City the right to acquire the gas utility properties and facilities of the grantee within said City upon payment of compensation as therein provided, and subject to other specified limitations, terms, and conditions, and WHEREAS, Section 8 of Ordinance 839 provides that acceptance of the franchise by the grantee must be filed in writing with the City Clerk of the City of Pasco, Washington, within sixty days of the effective date of this Ordinance, duly signed by the President of Grantee Corporation and attested by its Secretary, and with sufficient evidence that said officers are authorized to accept the same, and if not so filed, this Ordinance shall be null and void in all respects, as if never passed, and WHEREAS, Cascade Natural Gas Corporation by telegram, letters, and by subsequent discussions and actions acknowledged passage of the Ordinance and an intention to be bound thereby, but failed to formally comply with the provisions of Section 8 of Ordinance Now 839, and WHEREAS, formal acceptance according to the terms of Section 8 of Ordinance 839 has now been received by the City Clerk of the City of Pasco, and WHEREAS, the City Council of the City of Pasco deems it to be to the best interests of the City of Pasco to waive any and all defects as to time and form of the acceptance of Cascade Natural Gas Corporation. NOW, THEREFORE, e THE CITY COUNCIL OF THE CITY OF PASCO DO RESOLVE AS FOLLOWS: Section 1. Any and all defects including but not limited to the time of the acceptance and the form of the acceptance, required b y Section 8 of Ordinance No. 839 (Pasco City Code 4-6) on the part of Cascade Natural Gas Corporation to be performed are hereby waived. Section 2. The acceptance of Cascade Natural Gas Corpora- tion is hereby acknowledged and is hereby accepted by the City Council of the City of Pasco in full compliance with the terms of Section 8 of Ordinance No. 839 (Pasco City Code 4-6). PASSED by the Council and APPROVED by the Mayor this lst date of May, 1956, ATTEST: LL& City Cle APPROVED _AS TO FORM: City Attorney PUB LI SHED : YOR