The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1914-1938, 1923-08-09
ORDINANCE NO. 24O

signs, franchise to construct, main
tain and operate in the present and
future streets, alleys and public places
of the City of Kennewick and it's sue
cessors, water mains, pipes and ap-
purtenances for the purpose of sup
plying the said City of Kennewick,
the inhabitants thereof and others
with water; and repeating Ordinance
No. 80 of the Town of Kennewick, APP
proved December %, 1905.
The City Council of the City of Ken
newick do ordain as follows:
Section 1. There is hereby grant
ed to Pacific Power & Light Company
and to its successors and assigns
Hereinafter called the Grantee), the
right, privilege and franchise for the
period of fifty (50) years, to con-
struct, maintain and operate in the
present and future streets, alleys and
public places in the City of Kenne-
wick and its successors, all necessary
or desirable water mains, pipes and
appurtenances and to continue to OPP
crate and maintain its present water
works system therein for the purpose
of furnishing the City of Kennewick,
the inhabitants thereof and others
with water; and to charge and collect
just and reasonable rates therefor.
Section 2. The water furnished
shall be reasonably pure, wholesome
and free from contamination.
Section 3. The said Grantee is
hereby authorized to use as much of
the streets, alleys and public places
Of the City of Kennewick as may be
necessary and reasonable for the pur-
pose stated in this ordinance, under
and upon the following conditions and
regulations: Whenever the Grantee
shall desire to occupy any portion of
said streets, alleys or public places
of said City of Kennewick, not at the
present time occupied by it, before
any act of occupancy shall be done
by said Grantee, an application on
behalf thereof shall be made in writ
ing to the Council of the City of Ken
newick for permission therefor; and
thereupon the Council of the City of
Kennewick shall, without delay, des-
ignate to the Grantee what part or
portion in width of any such street.
alley or public place, may be occupied
for such purposes applied for under
this franchise by said Grantee. The
designation of portion of any street,
alley or public place within the City
of Kennewick, to be used by the
Grantee under this ordinance, shall
be deemed an investiture of right
in such Grantee ta, use such portion of
said street, alley or public place, for
all purposes necessary under this
franchise for the lifetime thereof, and
to fix the place for the maintenance
of the mains and construction works.
of the Grantee over and along such
portion of such street, alley or public
place, as vested right; provided,
construction works of the Grantee may
conflict with the mains or construc-
ton works or system of any other
company or person using said street,
alley or public place, for any purpose
under any ordinance of the City of
Kennewick, the prior right of occup-
ancy between the Grantee hereunder
and such other company or person
shall be determined by priority in
grant of such right. In such case
the secondary right of occupancy shall
be deemed servient in nature to the
prior grant of right, and the owner or
other person enjoying the benefit of
such servient right shall construct
his works or mains or system in such
manner that the some will not inter-
fere with the dominant right.
Section A. In the construction of
extensions to its waterworks system,
the Grantee shall use such material
as is required by an approved system
of waterworks, to be decided upon
by the Council of the City of Kenne-
wick and the Grantee acting together,
prior to the commencement of any
present system. In constructing any
such extensions, the Grantee shall
place all pipes at least two (2) feet
below the established grade of the
street, alley or public place in which
the same are placed, which grade
shall be established by ordinance of
the City of Kennewick, prior to actual
commencement of work hereunder;
and when work is once instituted and
execution thereof begun, the same
shall be prosecuted to completion
without interruption, delay or .un-
necessary or prolonged obstruction to
travel or business, and no street or
crossing shall be wholly closed or
rendered impossible at any time with
out the express consent of the Council
of the City of Kennewick previously
obtained, and after the completion OF
the laying of pipes, the excavation for
same shall be filled, the soil well
pressed down, and the surface made
even with the grades of streets, and
same shall be restored by the Grantee
to their former condition insofar as
any damage or injury to said streets
shall result from such excavation OF
waterworks; provided, however, that
the Grantee shall be required to re-
store such street, alley or public place
to its former condition.; provided
further, that such right to test the
pipe so placed by the Grantee shall
not be presumed to extend to any
length of pipe greater than five (5)
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