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Franchise Agreement NO. 57-350 - EXPIRED , ,i , f . ....~.:~s.~::.-W.. - . . : _ _ _ . - - . _ . . f4 . . ~ =A-GFEE ME NT : - BY ~,l~i 3ETVi EN SPOICAIE COUP3T~', by ;,he Board of Coun-cy Commis.sion~rs, pGr-Ly oi the first parz, and - TI-E tf.-JITY OF SPOKANE, WASHIIVur`TON PGrty of the second part, WrIT I~ic Sa TH : VrIER.tASg the party oz the second part did on or about the 2nd day of Augasi:.- 1957, file a petition making applicazion for a franchise to construc► , maintain and vpera te awater pipe line under, along and across a certain road in Spokane CounLy, YJashington, ciescribed in said application; and WP-iEHEAS, the Board thereupon fixed the 3rd day -.of September, 1957, at the hour oi ien aY clock A. tai, of said. d3y, at the office of ,the Said Board of County Coramissioners} in the Cit}r of Spel:ane, Washington, as the time and p? ace for the hearing of said petition, and directed the Audizor of Spokane County io give notice. thereof :i.n the naruner and for the zime provided by . law, and *LFFAS, said no~ice being duly and regularly given; at the'time and place fixEd for .said hearing, the Board proceeded. tohear said applicz -Lion, then Gfi.er such hearing and due examination and the Board being fur.ly ad,,Tistd in the premises, has made the.zollovu-ing order granting said franchise, to-v►nta - FEFORr THE~ BC~4AD 0F COUNTY COYMiSSIOI\ERS OF SFOKAIE COUNTYs :-WASHINGTON IN TNE MATTER OF THE P.PPLIGATIGN OF TfE G?'TY OF SFOKA NE FOR A FRA NC'riT SE TO CON- ) No. 57 >el STRUCT, N`~~INTEAIN AitiTD OPER.ATE AVdATER PI?E LIIE AGROSS AMRTAIN COUIvTY kCa4D ~ ORDER GRANTING FP►kNCHISE IN SPOKAIFE GOUNTY, IRIASHINGTalv ) . WHEREAS s TFE C?"TY OF 5Pt}KANE, ViIP. SHINGTOPd, ha s heretof ore , to v~tit : on ; he 2nd day of August, 1a57p filed a petition ior a franchise to construct, na.~ :~ta;.n - and operate a water pipe line underp. along anci across a certain road i-n Spokane County, Yiashzngton, more p-articular.ly described as follows: . On the right of way of Broadway Avenue from Havana Street to a point . 4,972 feet east of Havana %c3treet in Section 143, Township 25 -North, ' _ Range 43s F. W. M. *EP•EAS, the B.oard th-ereupon fixed as the time and place f.or hearing of said petition Tuesday, the ihird day of S eptemher2 1957, at the hour -flf ten o t clock A, M. of said day, at -the Office of. the Board.of County Comm~,ssioners in the . Courzhause in Spolcane, infashington, and direc-ted the County Auditor to cive no-tice of such hearing in the manner provided by law,.and it-appearing tha L. such notice of _said hearing has been.given by posting and publishing ror the time'and in the rr,anner provided by law, and that mmre than .fifteen days have elapsed sirice the posting, and more than five days since the publishing oF said notice; and . Y►rHEREAS, the Board, at the time so 'Lixed thereafter, has proceeded to hear s~id application, and as no one appeared i:o object thereto, anci l~'rLFFcEAS, the Board of County Commissioners of Spokane County, Wa shington, dee:1 i t for the bes'L. interest of 4he puLl.ic that said franchise be o,ranted as appiie: fc-s:: . , ~ ..,l.i^+~dY q~.•,: 4 ~ _ . . , _ . - . . . Nais :~FHREFORE, BE IT RESOL1tED that Spokane County, by its Boara of County Comm-:ssioners do.es hereby grant unt-o the City of Spokane, Washington, the franchise :to co:n.struct, maintain and. opera Le z water pipe line unders alonC and a cross- a-_certain poxtion oz the public highway in Spokane County, tif►Ta sh- . ington, as set forth and contained in the above Order Granting Franchise on the folloK2ng term5 and conditions, 1. That -the said City of Spokane, Yias:h.i.n5ton, as grantee herein, sh-Qll not obstruct ox interfexe ririth txavel upon public highways and dedicated streets, through or alang which said watErpipe line is p? aced~ and wherever an exca- vation or other urork is done thereon, shall restore such highvQy or street as rapidly as possible to the condition in which it vras prior to the commencement of such work; and in case of its failure so to do, said Spokane County may restiore such prior condition, and the costs -thereof, tivith ten (10) per cent additional, shall be charged against the grantee, to be levied by any legal proceeding which may be appropriate. The grantee shali at all times furnish proper and suitable protection to the public in its use and occupation of such public highway, and shall properly guard all obstructions and excavations in connection therewrith and when necessary shall use l.ights and other necessary signals. - 2. Any work performed in constructing water pipes on this Franchise shall be done according to Appendix B, Resoluzion No. 56-150, dated Niay 22, 1956. 3. The said water pipe line ana all appurtenances used in connection thereiraith, ' under, along and across said public highway sha11 be at all times kept in f?rst class condition. and repair. If after placing by the grantee of any water pire line or lines on said public highwey, the grade thereaf shall be changed by corr- petent authority, or it shali be ].egal.ly vacated, the lor.ation of said v,ater pipe line shall be changed by the grantee at its own praper cost and expense to conform to such ehange of gra.de, or vacation= and such shall be made as ..soon as possible aft.er n►otice shail have been received by it to do so. . . Before any constructian work is commenced a permit will be required ior section. of rranchise ta be constructed at that time. A Bond of Sufficient amount to be posted i.o protect the Counzy against any repair damages will be .reauized before . the constructien permit will be issued by the County Engineer. That should any claim of action be made or instituted against Spokane County for injury or damages from excava tion or obstruction on said public highvkray by the grantee, or by reason of the act of omnu.ssion of the grantee, upon reason- able notice thereof, the grantee shall employ counsel and defend such action at its own prpper cost and expense and shall pay all costs and expenses for or in ' behal.f of said County, for or in defense of such action, and if any judgment be rendered therein against said County, the same shall be conclusive upon the grantee and the.amount thereof may be levied upon the grantee by said County in an action for that purpose, and no other proof shall be necessary.to effect such leti-y than the jucagment roll in such action against the County. That the franchise and rights and privi2eges shall ta.ke effect and be in force and binding upon the parties thereto upon the acceptance in ncciting of the terns and conditions hereto by the granteey The City of Spokane, Washingtan. PF.QVIDED, that unless written acceptance shall be filed v,2th the Board of County Commi.ssioners within three months from the date hereof, to-wit: on the third day of December, 1957, this franchise shall be nuli and void. 4. That this franchise is not exclusive and Spokane County may grant sirv.lar frGnchises to o'Lher persons, firms9 or corpcratic.-tis,.at its discretzon. • . . . t _ . i . . . . . _ . . ° _ _ : , : . . ~ . . , . . _ ~.,u ° 5. That the franchise granted sh?li continue for a period of fifty years frcm and after the date of acceptance by the grantee, subjec-t to the condit:ions aforesaid. IN WIThiSS WHEREOF, the Board of County Commissioners of Spokane County, Vda Gh- a.ng4on, has c.aused these presents zo be executed in duplicate oriainals, sianed by it s Cha irma n a nd atte sted. by it s Cl erk, under its Corpcrate S ea 1} thi s thi2~d day of September? 1957. . . BQaRD OF COUNTY CON14LISSIOt~'tRS - CF SFOI:ANE COUIVTY, VYAS`riINGTON ~ ~ By. , - ; C h a i r m a n ; Attest: Frank J. Glover Cl erk of 'he~bard fJ , ~ . . . . ' i , . ' / , . j . w . B~"• . ' L. Friedland . .Deputy . . . : , - - . . The grantee here?nabove referred to, for itself, and for its successors and .a.ssigns, does _accept ail of the terms and conditions of the foregoing franchise. IN WII'NESS i+1THP-RE0F, it has caused these presents to be signed by. JTTT,LARD TAFT , its Ma-vor this 6th day of September , 1957. THE CITY OF SPaKF.NE5 YJA SHINGTON By: • ' ~ ~ Its Mayor ~ Attest: ~ . , ; . . City Clerk J . . , . ~ n ~...ry:run .ru 7.: • V_f. _ . . . 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