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HomeMy WebLinkAbout2263 Resolution, Ne RESOLUTION NO. ac -3 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AMENDING RESOLUTION NO 2216 GRANTING A NON- EXCLUSIVE FRANCHISE FOR THE DELIVERY OF IRRIGATION WATER TO IRRIGATION WATER, INC WHEREAS, Resolution No 2216 was approved by the Pasco City Council on October 2, 1995, such resolution granting to Irrigation Water, Inc a non-exclusive twenty-five (25) year franchise for the installation, location, construction, maintenance, operation, use and if necessary, removal of a pressurized irrigation water system and the necessary appurtenances thereto, under those portions of any and all City roadways, streets, alleys and other rights-of-way which lie within the City of Pasco and set forth within the service area shown in Exhibit A thereto, and WHEREAS, both the City and Irrigation Water System, Inc, are in agreement that the franchise granted under Resolution No 22 1 6 requires amendment to provide substantial disincentive for the occurrence of any unpermitted cross-connections with the City Water System or other breach of the Franchise Agreement and to provide adequate penalties and provision for forfeiture and termination of the franchise in the event of such circumstances, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS Section 1 Resolution No 2216 is hereby amended by the addition of the following section 2.24 Forfeiture and Termination. (a) In addition to all other rights and powers retained by the City under this Franchise or otherwise, the City Council reserves the right to forfeit and terminate the Franchise and all rights and privileges of the Grantee hereunder in the event of a substantial breach of its terms and conditions A substantial breach of Grantee shall include, but shall not be limited to the following 1 Violation of any material provision of the Franchise or material rule, order, regulation, penalties, or determination of the Council made pursuant to the Franchise 2 Attempt to evade any material provision of the Franchise or practice any fraud or deceit upon the irrigation water system customers or upon the City government 3 Any safety and health risk to the public or customers, including any violation of City or State regulations regarding cross-connections to the City domestic water system (b) The foregoing shall not constitute a substantial breach if the violation occurs, but it is without fault of a grantee, or occurs as a result of circumstances beyond his direct control such as war, civil disturbance, natural catastrophe and other acts of God Grantee shall not be excused b y mere economic hardship, nor by misfeasance or malfeasance of its directors, officers or employees (c) In the event of a substantial breach of a Franchise term or condition, the City may consider the issue of terminating the Franchise, provided that the City shall cause to be served upon the Grantee at least twenty (20) days prior to the date the City is to consider the issue of termination, a written notice of intent to request such termination and the time and place of the meeting Public notice shall be given of the meeting the issue(s) which the City is to consider (d) The City Council, or its duly designated representative, shall hear and consider the issue and shall hear any person interested therein, and the City Council shall determine in its discretion whether or not any violation by the Grantee has occurred (e) If the City Council shall determine the violation by the Grantee was the fault of the Grantee and within its control, the City Council, by Resolution, may declare that the Franchise of the Grantee shall be forfeited and terminated unless there is compliance within such period as the Council may fix, such period shall not be less than ten (10) days, provided that no opportunity for compliance need be granted for fraud, misrepresentation or criminal conduct constituting a gross misdemeanor or felony violation (f) The issue of forfeiture and termination shall automatically be placed upon the City Council agenda at the expiration of the time set for it for compliance The Council then may terminate the Franchise forthwith upon finding that the company has failed to achieve compliance, or may further extend the period at its discretion Section 2 Resolution No 2216 is further amended by the addition of the following section 2.25 Penalties. (a) The Grantee agrees not to interfere with the Pasco City domestic water system and to comply with all City or State regulations regarding cross-connection to the City domestic water system, including those outlined in PMC 13 16 110, Pasco Municipal Code as presently in effect, or hereafter amended If the City determines that the Grantee has failed to comply with such regulations regarding cross-connection to the City domestic water system, the City may assess the Grantee, and the Grantee agrees to pay the City, a monetary penalty of Five Thousand and No/100 Dollars ($5,000 00), plus City costs, for each violation (b) The Grantee agrees that if the Grantee fails to observe any obligation under the Franchise, other than the cross- connection violations covered in (a) above, the City, upon notice to the Grantee that a breach of the terms and conditions of the Franchise Agreement has occurred, may assess the Grantee, and the Grantee agrees to pay to the City, a monetary penalty of Two Hundred Fifty and No/100 Dollars ($250 00) per day for each day that the Grantee fails to correct such breach after receipt of notice thereof (c) All assessments under (a) and (b) above shall be paid within thirty (30) days of written notice Such assessments shall not constitute a waiver by the City of any other right or remedy it may have under this Franchise, including the forfeiture and termination of the Franchise as outlined in Section B, or under applicable law, including, without limitation, its right to recover from the Grantee and its surety such additional damages, losses, costs and expenses as may have been suffered or incurred by the City by reason of or arising out of such breach of this Franchise Section 3 Resolution No 2216 shall be further amended by the addition of the following section Charles D Kilbury, or 2.26 Records and Reports of Grantee. During the period of the Franchise, the books and records of Grantee shall contain records of Grantee's water flow from its wells and pump stations, and its delivery of irrigation water to its customers The City shall be entitled at any time to inspect all such records upon the giving of reasonable notice to the Grantee The Grantee shall further meter all sources and record the waterflows on a monthly basis, and keep the record for City inspection up to three (3) years Upon written request by the City, the Grantee shall provide copies of all flow records monthly PASSED BY the City Council of the City of Pasco, Washington at a regular meeting this /7 day of , 1996 CITY OF PASCO Attest: City Clerk Appr d as to Form: City Attorney ACCEPTED BY: IRRIG By CITY LIMITS CITY LIMITS JA/r A CITY LIMITS Irv ..4rv "41Y 1111.7/ 0 0 ti Ar.vAr Alptt. (nnnnn•• -±.::.‘1111111111 IRRIGATION FRANCHIES AGREEMENT BOUNDRY SCCD iiiiiii111 111111111111111 111101„. KEY EZZZ IRRIGATION WATER INC SERVICE AREA EXHIBIT A CADFILE KID