Chapter 13.16
PROTECTION OF MUNICIPAL PROPERTIES
Sections:
13.16.010 Access to public property.
13.16.020 Posting of warnings.
13.16.030 Leasing of town real estate.
13.16.040 Sale of town property.
13.16.050 Leases longer than one year – Bids – Bond.
13.16.060 Sale of town property valued at $100 or more – Bids – Bond.
13.16.070 Municipal corporations not required to post bond.
13.16.080 Granting of franchises.
13.16.090 Leasing land for use of natural resources.
13.16.100 Damage of water supply system prohibited.
13.16.110 Tampering with water meters.
13.16.120 Tampering with water connections.
13.16.130 Pollution of water supply prohibited.
13.16.140 Liability for damages – Penalties.
13.16.150 Violation – Prosecution.
13.16.010 Access to public property.
Whenever the town council shall by resolution so decide, it may prohibit any and all persons, other than its officers, servants and employees, from entering upon any tract or tracts of its land, absolutely, or for any purpose or purposes, other than specifically designated by such resolution, not however to prevent such land from being used for proper municipal purposes. (Ord. 111 § 1, 1942).
13.16.020 Posting of warnings.
Whenever such resolution as is contemplated by Section 13.16.010 hereof shall have been passed, the council shall cause to be posted proper signs warning all persons to keep out, as provided in said resolution, at or near the places most accessible for ingress or egress, and when such signs have been posted, it shall be unlawful for any person or persons to disregard said signs and resolution. (Ord. 111 § 2, 1942).
13.16.030 Leasing of town real estate.
The council may, by resolution, provide for the leasing of any portion of its real estate to private individuals for any period of one year or less, such lease not to interfere with the proper uses of such real estate for the purposes being used by the town. (Ord. 111 § 3, 1942).
13.16.040 Sale of town property.
The council may, by resolution, provide for the sale of any real or personal property of the town, whenever such real or personal property shall, in the judgment of the council, not be necessary for municipal purposes. (Ord. 111 § 4, 1942).
13.16.050 Leases longer than one year – Bids – Bond.
The council may lease the property of the town for a longer period than one year, but whenever such lease is contemplated for such longer period, then and in that case the council shall cause to be published, for a period of two weeks prior to the leasing, a notice for bids, and such lease shall then be let to the highest and best responsible bidder, in the judgment of the council, and a good and sufficient bond shall be furnished guaranteeing the payment of any and all rentals and the performance of each and all terms of said lease, and then in that case a clause shall be inserted in such lease permitting the cancellation thereof, at the option of the town council, should conditions so change as to make such cancellation advisable, in the judgment of the council, upon giving thirty days written notice to any such lessee. (Ord. 111 § 5, 1942).
13.16.060 Sale of town property valued at $100 or more – Bids – Bond.
Whenever any real or personal property to be sold shall be, in the judgment of the council, of the value of one hundred dollars ($100.00) or more, any sale thereof shall be after publication in the paper designated by the council once a week for at least two weeks, and shall be sold to the highest and best responsible bidder, who, unless such sale be for cash, shall furnish a good and sufficient bond conditioned for the faithful performance of each and all of the terms and conditions of such sale and the payment thereof, in a sum of at least the purchase price thereof. (Ord. 111 § 6, 1942).
13.16.070 Municipal corporations not required to post bond.
The bonds mentioned in Section 13.16.060 shall not be required of any municipal corporation in the state or from the state. (Ord. 111 § 7, 1942).
13.16.080 Granting of franchises.
Nothing in this chapter shall be so construed as to prevent the granting of any proper, lawful franchise to any responsible party, with reference to the property of the town, for proper and lawful purposes in the interests of proper enterprises and businesses for the good of, and in the furtherance of, municipal purposes. (Ord. 111 § 8, 1942).
13.16.090 Leasing land for use of natural resources.
Under this chapter the council is authorized to lease, with the privilege of removing certain goods, wares, and merchandise such as timber, stumps, gravel, rocks and wood, all for such reasonable compensation as may be decided upon, certain portions of the town’s property for definite lengths of time, subject to all of the terms and conditions of this chapter. (Ord. 111 § 9, 1942).
13.16.100 Damage of water supply system prohibited.
It shall be unlawful for any person to willfully or maliciously remove, damage, injure, destroy or in any manner to interfere with any pipe, main, reservoir or any works erected for or in connection with or used for supplying the town, its inhabitants, or other users of water with water, or any appurtenances or appendages thereto, whether the same be located within or without the town’s limits. (Ord. 111 § 10, 1942).
13.16.110 Tampering with water meters.
It shall be unlawful for any person, with intent to injure or defraud, to obstruct, alter, injure, remove or prevent the action of any water meter, or other instrument used by the town to measure or register the quantity of water supplied to any consumer. (Ord. 111 § 11, 1942).
13.16.120 Tampering with water connections.
It shall be unlawful for any person, with intent to injure or defraud, to make any connection, or re-connection with any water pipe of any water system of the town, or use water obtained through such connection, or to turn on or off, or in any manner interfere with any valve, stop cock, or other appliance with said water system or systems. (Ord. 111 § 12, 1942).
13.16.130 Pollution of water supply prohibited.1
It shall be unlawful for any person to deposit or suffer to be deposited in any spring, stream, lake, or on any water shed, or water grounds, or grounds reserved for the purpose of securing the purity of water which is to be used in any water system of the town, or on any property owned, leased, controlled or used by the town as a water shed or for water purity purpose or drainage basin for water supply, any matter or thing whatever dangerous or deleterious to health, or any matter or thing which might or could pollute the water being used or to be used in such system of the town, from any source as aforesaid. (Ord. 111 § 13, 1942).
13.16.140 Liability for damages – Penalties.
Any person violating any of the provisions of this chapter shall be liable, in a civil action, for any and all damages sustained by any injured party to the party injured and to the town. Any person violating any of the provisions of this chapter within the corporate limits of the town, as now existing and as the same may be hereafter enlarged and extended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Chapter 1.16 of this code, and shall in addition thereto be liable, in a civil action, for any and all damages sustained by any and all citizens of the town and to the users of water of and from any such system of the town. (Ord. 111 § 16, 1942).
13.16.150 Violation – Prosecution.
It shall be the duty of the town marshal and the town attorney, jointly and severally under the directions of the town council, to institute and prosecute any action or actions necessary, under the laws of the State of Washington, in the state courts for the purpose of protecting the purity, securing the quantity, and continuing the proper operation of the water and water system and systems of the town, and for the purpose of enforcing any and all of the terms and conditions and provisions of this chapter in spirit and letter as well as to invoke, when proper, the jurisdiction and action of the municipal officers and courts of the town for such purposes. This chapter shall be concurrent with any and all legal remedies that may be available under the Constitution and laws of the state. In any case wherein there are two remedies, either by statute or by and under the provisions of this chapter, proceedings may be instituted and prosecuted either under such statute or under this chapter. (Ord. 111 § 14, 1942).
For additional provisions on protection of the town’s water supply, see Ch. 8.16 of this code.