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Cheney Free Press
Cheney , Washington
September 18, 1964     Cheney Free Press
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September 18, 1964

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Page 2 Cheney Free Press Friday, September 18, 1964 qr/,., CHENEY FREE PRESS ESTABLISHED 1896 PUBLISHED AT 412 FIRST ST., CHENEY, WASH. Entered at the Post Office at Cheney, Washington, as Second Class Matter under the Act of March 5, 1897. Issued every NATIONAt EDITORIAL Spokene County Subscriptions ................................ $4.50 per year --7-,1 , -J ,, -- - Ib_.l All Other Subscriptions .................... v .................. $5.00 per year G. T. FROST .................................. PUBLISHER JACK PIERCE .................................... EDITOR Amber News Mrs. N. A. Cordill GUESTS VISIT MRS. MARSH Stmd dirmer guests of Mrs. Josie Marsh included Mr. and Mrs. Ivan Calvert, Mr. and Mrs. Melvin Marsh and sans `and Mr. and Mrs. Howard Marsh and family, all of Am- ber, ,and Mr. and Mrs. Keith Cummings, Patty and Mike of Cheney. PERSONAL MENTIONS Mr. and Mrs. Claude Moron of Kennewick and Mr. and Mrs. H. L. Jordan of Cheney were Saturday" callers of Mr. and Mrs. Richard Jordan and ,fam- ily. The county nurse will visit the Amber school on Mends% Sept. 28, at 1:30 p. m. Roy. and Brs. PMllip Eisen- lmuer and family called on the Richard Jordan fami&apos;ly Sun- day afternoon. Jennifer Jordan is recuper- ating nicely and hpes to re. turn to school .next week. Se will still be requiring lots of rest, however. Mr. and Mrs. Kent Sooy, Carol and Gary were guests of Mr. and Mrs. Charles Stop of Spokane for a family dinner Sun,by. Other guests incMded Miss Dorothy Stotp of Portland and Mrs. Marian Bledsoe and Karen of Spokane. Young Ga`ls ,brRige club met with Mrs. Ronald McKinley Wednesday afterrroon . Prizes were won by Mrs. Melvin Marsh, Mrs. Alfred Weisman, and Mrs. J. W. Decker. The club will meet next with Mrs. F. N. McKinley Sel. 23. Mr. and Mrs. Alfred Weis- man were Sunday dinner guests of Mr. and Mrs. Jerry Tearhaar of Spokane. Mr. and Mrs. F. N. McKin- ley spent the weekend at their cabin on Priest Lake. Bll Henry of Spokane was a Saturday caller of Mr. and Mrs. Charles E. Miller. CALL FOR BIDS # Eastern Washington State College Separate sealed bid propos- als are available for eduoatian- at equipmen and/or supplies by Eastern Washington State College in the office of the Di- rector of Purchasing, Room 121, Showatter Hall. Proposal forms may be ob- tained at the rbove office. T. T. Wall Director of Purchasing. (July 1, 1964-July 1, 1965) ORDINANCE NO. F-39 An Ordinance relating to and regu- lating the construction, installation and maintenance of gas distribution, and transmission systems in the City of Cha- ncy, providing for permits and inactions therefor ; providing penattms ror the v- elation thereof ; repealing all other ordinances or parts of ordinances in conflict therewith. The City Council of the Oity of Che- ney Do Ordain, As Follows : Section' 10. Definitions. Terms used In this ordinance shall have meanings here= in given to them. Section 20. Distrihution System. Means any system of mains, pipes, service lines, regulators, meters, fixtures, con- nections and attachments used in the distribution of gas. Section 30. Gas. Mean natural, mane ufactured or mixed gas suitable for domestic or industrial fuel. Section' 40. Public properties. Means any street, alley, roadway, sidewalk, viaduct, highway, bridge, park drive or public ground open as a matter of light to public travel. Section 50. Permittee. Means any per- son holding a ffranchlse to distribute gas in the City of Cheney. Section 60. person. Means every person, firm, corporation or association. Section 70. Service Line. Mear pipe, regulator and meter which convey gas from a main or other distribution or transmission line to and on a consum- er's premises. Section, 80. Transmiesion Sysbem. Means a system of pipelines installed to tran mit gsJ from a source or sources of aupply to one or more distribution cen- ter or a pipe installed to interconnect sources of supply. Section 100. Construction, Operation, Maintenance and Safety StandardL The "Rules and Regulations Pertaining to Matters of Public Safety in the Con struction and Operation' nf Facilities for the Tratmmision and Distribution of Gas" of the Public Service Commission of the State of Washingto, Appendix "A" to Order in, Consolidate Cause . U-6799 and U-8800, adopted June 28, 1955, and the provisions of "Gas Trans- mission and Distribution Piping Sys- tems, Section 8 of the American Star dard Cede for Presmlre Piping," 1963 Edition. (ASA B31.8-1968), on file in the office of the City Clerk, are each hereby adopted by reference as standards for gas installations in the City of Cheney. Provided that, in the event ny of the provisions of said rules and reg- ulations of said ASA Cede should con- flict with any of the provisions of this ordinan'ce0 the ordinance and the state rule8 ad regulations shall govern and be observed. All amendments and additions to said rules and regulations and said ASA Code, when' printed and filed with the Oty Clerk, shall thereupon become ILmendmets and additions thereto if not in conflict with the provisions of this ordinance. Section 200. Inspection of Gas Distri- bution Systeme. All construction of a gas distribution or transmission system shall be inspected by the Gas inspector for the Permittse. Section, 210. Testing of Piping on Con- struetion. Before any newly constructed distribution or trarmission system is placed in service, it shall be tested by the Permittee in conformity with the codes adopted by this ordinance. Section, 220. Cnnsetions to Steel Mains. Service lines shall not be connected to steel mains by means of a clamp or saddle type service connection, except by special permission of the City. Section 230. Location of Service Shut- of re. Service shut-offs shall be in stalled on all new services, including replacements, at the curb or property line for each service, or at an easily accessible place on the outside of the buildimg erved. If the latter method is used, such service shall not enter a building directly without comin above ground. Section 300. Location of Pipes. All mains shall be laid in alleys or ease- ments whenever possible, or at locations generally on the south and west sides of streets and alleys. Mains shall have a lateral clearance not less than four (4) feet from water mains and twelve (12) inches from an: other subsurface tructure; provided, that under excep- tional circumstances, the City may authorize less clearance. Mains shall have a vertical clearance of twelve (12) lnches when crossing another pipe. Mains shall be laid with a cover nut less than thirty (30) inches, except under unusual circumstances less coverage may be used. Where the trench is ir rock, the cover may be twenty-four (24) inches if the main is properly cushioned as required in Section 320 of this ordinance. Where the trench is in a parking strip, the cover may be eighteen, (18) inches. In the event interference with other sub- surface structures make it impractical to maintain' the above depths, the City may permit gas pipe lines and mains to be constructed so as to avoid such subsurface structures. Minimum depth of service lines shall be twelve (12) inches at the service terminll and shall nor- mally slope to required depth at the main. No person shall install a gas service line on consumer's premises, in the same ditch as the water service line without written approval by the City. Section 310. Protection and Removal of Utilities. The Permittee shall irdorm itself as to the existence and location of any undergrourd utilities and protect the same against damage. The Permittse shall be responsible for any damage done to any public nr private property by reason, of the breaking of any water pipe, sewer, gas pipe, electric conduit or other utility., The Permittee shall support and pro- tect, by timbers or otherwise, all pipes, conluits, poles, wires or other apparatus which may be in any way affected by the construction or maintenance work, and do everything necessary to support, sustain and protect the same uder, over, along or across said work. In case any of the said pipes: conduits, poles, wires or apparatus should be damaged, they shall be repaired by the authori- ties having control of the same and the expense of such repairs shall be charged to the Permittee. If it should he necessary to move an existir*g utility, the work shall be done by the owner of such utility. When- ever the Permittee's utility interferes with the actual construction of any pub- lic improvement, such utility shall be be moved by the Permittee. 1o utility, either publicly or privately owned, shall be moved to accommodate the Permittee unless the cost nf such work be borne by the Permittee. Sectior 320. Trenches. Trenches shall not be excavated more than three hund- red (300) feet in advance of pipe laying, nor left unfilled for more tba seven hundred (700) feet where pipe has beelv laid, except by permission from the City. The length of the trench that may be opened at any time shall not be greater than the length of pipe and the neese- sary accessories which are available to the site ready to put in place. The completed trench shall be kept not less than thirty (30) feet ahead of the pipe layers. Trenches shall be at least six (6) inches wider on each side or a total width of twelve (12) inches more than the exterior diameter of the pipe, except where pipes are four (4) inches or less in diameter. Wherever excavation is made in rock, a minimum of six (6) inches of non-corrosive soil, sands or fines of existing spoils shall be used as a padding beneath the pipe arl an additional six (6) inches above the pipe. Excavation for manholes ancl other structures shall be sufficient to leave at least twelve (12) inches between their outer surfaces and the sides of the excavation. Section 400. Water in Trcnche. The Permittce shall pump. bail or otherwise remove any water which accumulates in trenches. De-watering trenches may he accomplished in any nanner approved by the City. Water shall n)t be per- mitted in trenches at any time during construction ror until backfilling over the top of the pipe has been completed unless otherwise specifically permitted by the City. The ground water level in trenches shall not be premitted to rlsee above an elevation of six (6) inches below the pipe. The permittee shall perform all work necessary to keep the trenches clear of water while the foundations and the masonTy are being constructed or the pipe laid. Section 410. Breaking Through Pave- ment. Whenever it is necessary to break through existing pavement for the pur- pose of constructing gas service facili- ties, and where trenches are to be four (4) feet or over in depth, the pave- ment and the base shall be removed to at least six (6) iches beyond the outer limits of the sub-grade that is to be disturbed in order to preven settle- ment, and a six (6) inch shoulder of undisturbed material shall be provided on each side of the excavated trench. The face of the remaining pavement shall be approximately vertical. Section 420. Tunnels. Tunnels under the pavement shall not be permitted except by permission of the City, and if per- mitted, shall be adequately supported by timbering and hackfilling under the direction of the Gas Inspector. Section 430. Backfilling. Backfilling in all public streets and improved areas, beth public and private, shall be com- pleted to a degree equivalent to that of the undisturbed ground in which the trer*ch was dug. Compacting shall be done by mechanical tampers or vihrators, or by rolling in layers as required by the soil in question. Section 440. Dry Backfilling. Back- fillirg up the first eighteen (18) inches above the top ed utility pipes or sire. ilar installations shall be done with thin layers, each layer to be tamped by manual or mechanical means. Ly- ors that are hand tamped shall not ex. cesd four (4) inches in thickness, layo ors that are power-tamped shall not exceed six (6) iches in thicknes These same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. Section, 500. Protection of Property. The Permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged durln the progress of the con- structiou or maintenance work and shall be responsible for all damage to public or private property. Wherever it may be necessary for the Permittse to trench through any lawn area, the sod shall be carefully cut and relied and replaced after ditches have been, backfilled, and the area restored as nearly as possible to its original condition. Permitteee shall not remove, even temporarily, ary trees or shrubs which exist in parking strip areas or ease- ments across private property witbout first having notified the property own- er, or in the case of puhilc parks, the City Park Dcprtment. Section 510. Preservation of Monu- ments. The Permittee shall not dis- turb any surface monuments or hubs found on the line of the improvements unless authorized by the City. Section 520. Damage to existing Im- provements. All damage done to existing improvements during the progrs of construction or maintennnce work shall be repaired by the Permittee. Materials for such repair shall confrere to the requirements of applicable ordinance. If, upon being ordered, the Permittee fails to furnish the necessary labor and materials for such repairs, the City may cause said necessary labor and ma- terials to be furnished by other parties and the cost thereof charged against Permittee. Section 600. Property Lines and Ease- ments. Property limes and limits of easements shall be indicated on the plans and it shall be the Permittee's responsibility to confine its construction activities within, these limits. Any dam- age resulting from trespassing beyond these limits shall be the sole respon- sibility of the Permittee. Section 610. Care of Excavated Mater- ial. All material excavated frcan trenches and piled adjacent to the trench, or in highways, shall be piled and maintaintl in such a manner that the toe of the slope of the excavated material is at least eighteen (18) inches from the edge of the trench. When the confines of the ares through which the gas pipes are to be laid are too r.arrow to permit the piling of excavated material beside the trench, the Permittee may be re- quired to haul excavated material to a storage site and then re-haul it to the treneh site at the time of backfilling. It shall be the Permittee's reesponsi- bility to seecure the necessary permis- sion and make all necessary arrange- merits for all storage and disposal sites required. Section 620. Interference with Other Services. The work shall be conducted so aa not to interfere with aCcess to fire stations and fire hydrants. Material or obstructions shall not be placed with- in fifteen (15) feet of fire hydrants. I Passageways leading to fire escapes or I fire fighting equipment shall be kept l free of material piles or other nbetruc-I tlons. I Section 630. ProVisiatt for Watt CoUrt= ] es. The Permittce shall provide for the flow of all water courses, Sewers I or drains intercepted during the po-I grsss of the work, and shall replace thee same in as g6d condRion as it found thorn or shail mak final pro- visions for the as tlie City my fftret. The Pernttttee shall not obstruct the gutter of any streeL but shah use all proper measures to provide for the free passage of surfe water. The Permit- te shall male provisions to take care of all surplus war, mud, silt or other run-off pumped from excavations or resulting from sluicing or other oper- ation, and shall be responsible for any damage resulting from its failure r to provide. Section 640. Routing and Maintenance of Traffic During Construetlen. During corstruction, traffic shall be maintained at all times so as to cause as little inconvenience as possible to the oc- cupants of abutting property and to the general public, provided that the City may permit the closing of public properties to all traffic for a designated period of time, if, in his opinion, it is necessary. Before any public pro- perry may be closed or restricted to traffic, the Permittee must obtain the approval of thee City and notify the Chief of the Fire Department and the Cief of the Police Department. The Permittee shall route and control all traffic, including its own vehicles, as directed hy the Chief of the Police De- partment. Upon completion of construc- tion work, the Chief of the Police De= partment and the Chief of the Fire Department shall again be notified be- fore traffic is returned to its normal route. Where flagmen are deemed nec- essary by the Chief of the Police De- partment, they shall be furnished by the Permittee at its expense. Through traffic shall be maintained without detours if possible. When it is necessary to construct a detour, the Ptrmitee shall construct same at its expense in accordance with specifica- tions of the City. The Permittee will be responsible for any unnecessary damage causeed to any public properties hy the operation of its equipment. The Permittee shall erect and main- tain suitable timber barriers to con- fine earth from trenches or other ex- cavations in order to minimize en- croachment upon highways. It shall construct and maintain adequate and safe crossings over excavations and across highways during construction to accommodate vehicular and pedestrian traffic at all street intersections, under the supervisio of the City. Decking shall be not less than four (4) inches thick and shall be securely fastened together wth heavy wire and staples. Pedestrian crossings shall ocnsist of planking three (3) irhes thick, twelve (12) inches wide and of length re- quired, together with necessary block- ing. The walk shall be not less than four (4) feet wide and shall be provided with a railing if required by the City. Section 900. Insurance. The Permittee shall have and maintain in force pub- lic liability insurance, with limits of $100,009.00 each person, and $200,000.00 each occurrence, and which insurance may contain a deductible amount as may be approved by the City Council. and property damage liability insurance, with limits of $50,000.00 each accident, and $100,000.00 aggregate, which in- surance may contain a deductible amoun as may be approved hy the City Council. Section 910. Penalty. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be puv- ished by a fine in' any sum rot ex- ceeding Three Hundred Dollars ($300.00) or by imprisonment in the City jail for a period not exceeding ninety (90) days, or beth such fine and imprison- mont. Section 920. This Ordinance shall be in full force ar.d effect five (5) days after it is publisheed, to wit: in effect on and after the 18th day of Septem- ber, 1964. Passed by the City Council and ale- proved by the Mayor this 8th day of September. Nolan Brown, Mayor Attest: Roy Foes, City Clerk Approved as to Form: Merritt Johnson, City Attorney (Sept. 18, 1964) ORDINANCE NO. F.31 An Ordinance granting to The Washington Water Power Company, a Washington Cor. pupation, ts successors and as- signs, a franchise .f the pur- pose of furnishing natural manufactured, and/or mixed !gas within the City of Cheney, XVashington, as described 'here- in. The City Oouncil of the City of Cheney Do Ordain as fol- lows: Section 1. Definitions. The following defiaitions are pro- vided for the sole purpose of proper irtterpretion and ad- minstration of this ordinance. 1. PUBLIC PROPERTIES shall mean and include streets, alleys, sidewalks, curbs, roads, highways, avenues, thorough- I fares, parkways, bridges, via- ducts, public grotmds, pu, blic improvements, and other pub- lic places within the corporate limits of the City, lying within the area whose perimeter is described herewith, as folows: Beginning at a point which is the intersection of Ehn Street and the west city lmits and extending easterly to the center of the intersection of Elm Street and North FAev- enth Street; thence extending northerly Mong said eexter line of North Eeventh Street to the center of the intersec- tion of North Eleventh Street and Ash Street; thence easter- ly along the center line of Ash Street to the center of the in- terseetion o.f North Ninth Street and Ash Street; thence southerly along the center line of Noah Ninth Street to the center of the intersection of North Ninth Street and Elm Street; thence easterly a:long e center line of Elm Street to the center of the irterseetLon of Elm Street and "C" Street; thence southeasterly along the center lne of "C" Street to the ceneeT of the i,ersecti,on of "C" Street and Fifth Street; thence southwesterly alorg the  center line of Fifth Street to the center of the intersection i Ol Fift Street and D Street; thence nortlTwesterly aprox- imately one hundred thirty feet (130') on "D" Street; thence southwesterly approximately one hundred thirty feet (130') on the rmrthwesterly property line of lots 6 and 7 in block 3 of the eriginat tewnsite pla,t of the tovn of Cheney; thence southeasterly .along the proimr- ty line between lots 7 and 8 in btock 3 vnd lots 7 and 8 ex- tended to the center line of Fifth Street: (Blvck 3' of tle Origin`al Tawnsite plat of the Town af Cheney); thente southwesterly alorg the cen- ter line of Fifth Street to the center of the interseCti<m o Fifth Street and "F" Street; thence n.orth, weserly on the center line of "F" Street p- proximately 366 feet to a point in the center of "F" Street Wtiich wou.ld be the south- ea,serly line of the l,ley in block 65 extended northeast- erly; thence southwesterly aolg south line of said aey in Block 65 to the con property corer of lots 8 and 9; .thence northwesterly across that :alley and along the pro pey line between lots 2 and 3 extending to a point in the center of Fifth Street; thence southwesterly along the cea- ter line of Seventh Street to the west city limits; thelee rmrtheHy along the west ty I li.mits to the point of begin- ning. 2. "DISTRIBUTION SYS- shall be determined and fixedbe required by the terms of by the City Council by ordn: - ar, ce. Provided, that the City shall have prior right to the use of its reets and alleys for L,nstalhtion and maintenance of City owned utility .facities and should a eoct arise with the Grantee's les, the Grantee shall, at its own ex- pense, conform to .the require- ments of the City owned util- ity facilities. ALl utilities, pub- lic or private, actua y installed in such pubBc properties prior to the installation of te les and Saeilities of the Grantee shal'l have preference ,as to the positioning .and location of such utflihes actually installed with respect to the Grantee. Such pre4erevee shall con- this ranchiese with reference to construction. Sectiml 10. Grantee to Save City Harmless The Grantee agrees to .protect arid save harmless the City .from all clanns, actions, or damages of every kind and description which may occur to, or be suf- fered by, any person or per- sons, corporations, or property by reason of the constuction, operation, and maintenance of the Grantee's gas distrilmtion system, lines and facilities, ex- cept such as may resul from the fault of negligence o.f the City or its employes. In ease suit or ,action is brought against the City for damages arising out of, or by reason of, terminate and all of the and privileges der s'hH cease and dthout any action of or and City Council essary. Provided. Grantee hail have the temporarily to tributi'on rff gas distribution system or thereof .for the making repairs or and shall not be liable to feiture there.for if such and extensions are reasonable diligence. the Grantee may do so, it shall give the discontinuance er in, writing, ed to the consumer or tice in the official tinue in the event of the ne- cessity of relocating or chang- ing the gTade of .any such pub- tic properties. Whenever the Graneee shall m, ake or cause to be made ex- cavations or shall place ob- struction in public property ef said City, Grantee shall exer- cise reasonable precaution to: protect the public therefrom; provided, however, that Gran- tee shall be amenable to the] general and special laws of the State as are in such cases made and provided. The Grantee[ shall repair and restore to as good or better conditi,on all l public arm private properties disturbed during the construc- tion, maintermnce, repairing or removal of is gas system awd s hal manatain same i,n said condition for a period of five (5) years and in tids behalf Grantee agrees and shall poet a deposit with the City clerk at the discretion of the CAty Courmil any reasorrable beret, the nt thereof o 'be set by the Council. Whenever deemed necessary by the pro- per municipal authorities, said City shall have the right to ap- point its engineer or a com- petent and experienced person to superintend and suvevvise the refilling of excavations made, and the expense o re- placing and repairing of the portion of the public proper- ties disturbed in the construc- tion, laying, operation and the maineenanee of Grantee's gas system shall be at the expense of the Gvanee. Should Gran- tee fail or rfuse to restore and replce the same or bet- ter condition o.f such public and private properties within the above mentioned causes, )of he City or by the Grantee will, upon rmticel other connunicationS. to t of tim eommenceme.nt of l .... edk said action de.fend the same[. ecton 13 Kem at its sole cost and expense,/lrrce .ompliance. In and in case judgment sha,ll be to other remedies rendered :awainst the City in ue era, the Grantee suit or action, the Grantee will and has the right to fully satisfy said judgment remedy to cmpel within ninety (90) days after sam suit or action shall have firm'lly been determirmd if de- termined adversely to the City. Upon the Grantee's failure to satisfy said judgment within the ninety (90) day period, this franchise shall at once cease and ,terminate" I The Grantee, by its accep-] tance of this ordinoance, .for it-] self, its suc:essors or assigns, ] covenants and agree to .and with the City at all times to protect and save harmless the said City, Irom all claims, ac- tions, suits, liabity tes ex- pense or damage of every kind and description, which may ac- crue to or be suffered by a per- son or persors arising out of the ownership, construction or operation of said gas system and by reason of may in.fringe- ment of .any patent of any article or system used in the constructmn or use of said gas distributing system. Grantee agrees that during the life of its franchise, and/or renevals hereof, it wil,1 maintoin in full force and effect with a carrier or carriers satisrctory to the City the foilowin: (a) Compensation insurance complying with all the Work- men's insurance arrd safety laws .of the State of Washing- ton, and amendments thereto. (b) Bodily injury liability in- surance, with limits of $100,- the Grantee, its assigns to c0rmply terms hereof and to the service herein and the pursuit of any remedy by the City prevent the City ter declaring a any reason ,herein shall the delay of declaring a forfeiture it from thereafter unless the action sha:tl have or contributed the failure to the act or thing Section 14. ities In the event .the clares this frn, chise feited or upon its and if it is not City may require the or its successors and to remove such of its' from the pbllc its own expense as fere with use of I streets, alleys or properties, a,nd ff necessary for the City  the Grantee sha`ll for the rea,sonble removal by the Section 15. Successors and rights and and duties " dinanee upon .shall extend to and rng upon, its TEM," "SYSTEM," a n d "LINES' ased either in the sin- gthr or pl, ural mean and do in- clude the gas pipes, pipe ines, mains, laterals, conduits, feed- ers, regulators, meters, fix- tures, conectiens, ad all at- tachments and appurterm,nces necessary incidental thereto or in any way appertaining to the distributiort of gas. 3. "MAINTENANCE," "MAIN- TAINING," or "MAINTAIN" mean and slall include relay- in,g, repairing, replacing, ex- amining, testing, inspecting, removing, digging and exca- vating, and restoring opera- tions incidenSal thereto. 4. CONSUMER means any person, persons, firm, associa- tion, municipal corporation, land/or corporation, that uses :gas for residential, commercial :and industrial purposes. 5. GAS means natural, man- ufactured, and/or mixed gas- es. Section 2. Grant The City of Cheney, Spokane County, Washingt(,n, hereinater called the "City" or "Grantor," grants to The Washington Water Pow- er Company, a Washington Corporation, hereinafter called the "Grantee," and its succes- sors 'and assigns, the riwht, privilege, authority, and fran- chise to construct, or other- wise acquTe, and to own, mRin- tin, equip, and operate lhnts a reasonable ,period after com- pletion of Grantee's construe- tion, laying, removal, operating and maintaining work, the same may be restored by the City at lhe expense o the Grantee. Section 5 Public Properties and State Highways If public properties other than highways within the corporate ,',lmits of the City form a part of the route of a state highway, the Grantee shall determine the re quirements of the Se and take them into account with respect to the use thereof by the Grantee. Section 6 Right of Ingress and Egrets by Grantee to Con- sumer The Grantee, it agents, servants, and employees shall have the right and poer to require of every consumer a cortractual righ to ingress and eggess ugon, and from, any and "l!. gas consumer's pro- perties for the purpose of in- stalling, servicing, moing, changing, and reading meters, inspecting, mantaing, or re- pairing meters, and for the purpose o testing, e:caming. or inspecting the connecting pipes, pipe lines, or laterals, and appliances of the consum- er, if, as and when the Grantee chooses. Section 7. Rules and Regula- tions of Grantee The Grantee and works, and all necessary shall have the right and author- or desirable appurtenances ity to make ,and establish .fror thereto, for the mamffacture, l time to time as the Grantee purchase, transmission, and [ shall elect, reasomble rules distribution of gas, including  and regulations f the con- the right to construct, lay, Iduct of the Grantee s business, maintain, o,perate, extend, re-[and with reference to urn_ish- new, remoe, replace, repair, ling, supplying and the sale of use and operate a gas distri-Igas; Provided, ffrowever, That bution system, in, under, upon, [the Grartee shall file with the over, across, and along the I City Clerk if requested by the r r " " " p esert, and futu: e lUbl, ic [ Cty, a copy of such ules and Prepertms  as defined bove regulations and any mnend- within the City rot the pur- merits thereto as filed with the pose of transporting, stribut-[ Washington UtilRies and ing arrd selling lgas (with the i Transportation Commission. right arid privi ege to make] Section 8. Records of Lena. ,suehconnectionswithsaidpi@es I tion of Facil'itles he Grantee as will enable the Graneee to ]shall at all times keep full and supply gas or heating, cook-:complete records showing the ing, and any and all domestic commercial, and mdnstrial pur- poses, and other reasons and pue in sad area of the City as dfined above. Sectior, . Term The rights, privileges, and fmnch, ise'h here- by grated to, and conferred upon, the Grantee ,sha, un- less this franchicse be sooner terminated as ,herein provid- ed, extend for a term of twen. W-five (25) years from the date of written acceptance hereof by the Grantee. Section 4. Construction Grantee shall comply with all ordina.nces of the City relating to construction, excavation, ! and the breaking, opening and closing ef ground in public streets and properties. The standards for location of all mai'ns, htera, ,and aIpurten- ances, and their depth below the surface of the ground or grade of any public properties !location of al gas mains mad  service connections laid in the City. Such records shall be available to the City at all reasonable times upon request therefor. ,Section 9. Moving of Pipes and Facilities by Grantee If the City should pave or otherwi improve public properties, in- chiding drainage facilities, re- locate the same, or chage the grade thereof, and such work should require the relocation or moving of any portion ef the distribution system of the! Grantee, the same, including relocating or readjusting the elevathon of its lines arm facil- ities to con.form to such new grades as may be esblihed, shall be done expeditiously by the Grantee and its s;uceesors and assigns at its own expense. All work to be performed ,by the Graneee under his sec- tion shall be performed as may 000.00 each person, and $200,- 000.00 each occurrence, and which insurance may contain a deductible amount as may be approved by the City C0unefl. (c) Property dama2ge liability insurance, with limits of $50,- 000.00 each accident, and $100,- 000.00 aggregate, which insur- ance may contain a deductible amount as may be apooved by the City Council (d) The Grantee sha furnish a bond to the City n, the sum of $5,000.00 conditioned as a franchise, street obstruction and blast;rig bond and strall comply with the Vashgton Workmen's compensation and safety laws, and other State laws and general City ordin- ances relating to public health, welfare and sa.fety, and as hereafter revised and/or a mertded. (e) Notlfing herein contained shall ever be held or cons,ued so as to bligate the City for the responsibility ef the Gran- tee. Section il. Reservations The City reserves the right to adopt and erfforce all necessary or- dinan, ces to control the per- fovmane o the conditions of rids franchise, including reas. enable ordinances: of ,a police nature in the exercise o its police powers in the interest l of public safety and for the weare of the pubRc. The City sb.all have .aceess at  reason- able times to any part of the plant or plants, facil&ties, oper- ations, and premises, of the Grantee to make inspections and tests that may he required in supervising the .flillment by the Grantee of the terms o this franchise. Section 12. Forfeiture In case of failure by reason of negligence or w.'.ful act on the part of the Gran,tee, its mlccess. ors and assigns to comlly with any of the provisions of figs Ordirmnce, or if the Grantee, its successors and assigns neg- i ligently or wil$-ully do or carse to be done any act or thing prohibited by, or n violation of the terms of this franchise ordinance, the Grantee, its successors .and asstgrrs Slmll forfeit all right and privileges granted by this Ordinance and ] rights thereunder shaal cease unless such non-compli- ance or prohibited act or tling is corrected within thirty (30) days after receipt of written notice of forfeiture directed to the Gran, tee, at its Spokane, WasMrtgton, office by United States Mail. In the event the rights ad privileges hereby granted are not diligently exer- cised in the public inteerst or in the event the Grantee slmll fail for a period of one (1) month to operate its gas dis. tribution system, except "m case of strikes or the destruc- tion of the same by fire or tire e!ements or for any other rea- sons beyond the con, trol of the Grantee, this franchise shall ers, liquidators, Section 16. This ordiunce construed to be an franchise, ,and s hall vent the City from ing a munci'pal gas tion system and the plant, worP and es thereto, or .from other fanehises to persons, firms, or as R may ,iind to be lic interest. :section 17. Assi Grantee and its asgns may not let this franchise writtor consent of then ,only in its su0h assignment ting hall be birnding Grantee's signs and tra,etors o.f the copy .of said lettg shall be City Clerk. Section 18. After the passage publication of this and if accepted (60) days after tion, the Gvantee such ,acceptance bY the City Clerk an al written to be executed law, and a failure tee so to accept within the said shl be deemed a thereof by the the rights and in granted shall, piration of said (60) days, if not absolutely cattse unless said be extended ,by dirmnce duly purpose. Section 19. Validit section, ubsection, sentence, clause, tlais ordinance is constitutional or any reason, such not affect the ! remamir, g portions dirmr2e. Section 20. This ordinance to the provisions be in full force t5) days from, passage, publication (all the Grarrtee herei ed by law, accepted as vided. Introduced ami reading on this August, 1964, by tive vote of Seven Passed second 8th day of Mfirmative vote all'men. Passed third proved this 8th day ber, 1964, by Five Nolan Brawn, Roy Foss, City Approved as to form: Merritt Johnsor, (Sept. 18,