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ORDINANCE
ORDINANCE granting to Pacific Power & Light Company,
a 0 oration, its successors and assigns, a franchise to construct,
maintain and operate in the present and future streets, alleys and
public places of the City of Pasco, and its successors, electric
light and power lines and appurtenances thereto, for the purpose of
supplying electricity and electric service to the City of Pasco,
the inhabitants thereof and others; and repealing Ordinance No. 51
of the Town (now City) of Pasco, approved May 2, 1906.
THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS:
Section 1. There is hereby granted 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
years, to construct, maintain and operate in the present and future
streets, alleys and public places in the City of Pasco, and its suc-
cessors, electric light and power lines, with all the necessary or
desirable appurtenances (including underground conduits, poles, wires,
and telephone and telegraph wires for its own use), for the purpose of
supplying electricity and electric service to said City of Pasco and
the inhabitants thereof and to persons beyond the limits thereof, for
light, power, heat, and other purposes. Such grant is not exclusive,
nor shall this ordinance be construed as any limitation upon the right
of the City of Pasco to engage in the electric light or power business
or upon its right to grant franchises for similar purposes to others.
Section 2. All of said electric lines and appurtenances
shall be installed and at all times maintained by the Grantee in safe
order and condition and in accordance with good engineering practice,
and where necessary for the protection of the public or the users of
its service, the Grantee shall remove any branches of trees which would
impair the safe operation and maintenance of said lines, subject to
the supervision of the proper officials of said City of Pasco. Poles
shall be so erected as not to cause any avoidable interference with
traffic.
Section 3. The City of Pasco may, without charge therefor,
attach its fire alarm and police signal wires to the poles of the
Grantee in said City, but at its own risk and only in accordance with
good electrical practice. Such wires shall be subject to interference
by the Grantee only when necessary in the maintenance, operation and
repair of its lines.
Section 4. When necessary in order to permit any duly
authorized person to move any building or structure across any street
or alley of the City of Pasco, the Grantee shall raise or temporarily
remove its wires maintained hereunder, upon the request of the City
Clerk, and upon the cost to the Grantee of so doing being paid by the
owner or mover of such building or structure.
Section 5. The service of the Grantee hereunder to said
City and its inhabitants shall be twenty -four-hour service and shall
be furnished under such reasonable rules and regulations as the Grantee
may from time to time prescribe in the manner provided by law. Such
service, and all rates and charges therefor, and the making of all
necessary and proper extensions thereof, shall be subject at all times
to any rules, regulations and orders that may be lawfully presarib ed
by the Department of Public Works of Washington, or by any other
authority or body having lawful jurisdiction over such matters.
Section 6. The Grantee, and its successors and assigns,
shall hold the City of Pasco harmless from all expense or liability
arising from any negligent act or omission of the Grantee in the conduct
of its operations hereunder, and shall comply with all reasonable or-
dinances and regulations of the City of Pasco relating to the mainte-
nance and improvement of the streets and public places therein.
Section 7. This ordinance shall be null and void unless
written acceptance hereof be filed by said Grantee with the City Clerk
of said City of Pasco within thirty days from and after the due publi-
cation hereof.
Section 8. This ordinance, if and when accepted as above
provided, shall repeal Ordinance No. 51 of the Town (now City) of Pasco,
passed by the Council of the Town (now City) of Pasco on IJay 1, 1906,
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and approved by the Mayor of said Town (now City) on May 2, 1906,
said Ordinance No. 51 being entitled:
"AN ORDINANCE granting the franchise to
F. E. Elmendorf, his successors or assigns, to
construct, maintain, own and operate an electric
lighting power plant and system in the town of Pasco,
Washington, and for that purpose, to occupy and
use as much of the streets, avenues, alleys, lanes
and thoroughfares thereof as may be necessary for
the same, and to supply electric lights and power
to the town of Pasco and to its inhabitants, and to
charge and collect rates therefore."
Section 9. This Ordinance, or anything herein contained,
shall not affect or impair the rights or obligations of either said
City of Pasco or said Pacific Power & Light Company under that certain
contract for street lighting service between the Town (now City) of
Pasco and F. E. Elmendorf, dated May 19, 1906, as supplemented and
modified by that certain contract between said City of Pasco and said
Pacific Power & Light Company, dated Iay 16, 1916, and by resolution
adopted by the Council of said City of Pasco and thereafter accepted
by said Pacific Power & Light Company, said resolution having been
passed and approved on June 6, 1922.
Introduced before the Cou it 4 1923.
Passed by the Council1 1923.
Approved this day of 1923.
i
Approved as to form:
City Attorney
ATTEST:
d ity Clerk
r of the City of Pasco