HomeMy WebLinkAbout0396 OrdinanceORDINANCE NO. 3 9 6
An ordinance granting to The Pacific Telephone and Tele-
graph Company, its successors and assigns, the right to do a general
telephone and telegrap h•business within the City of Pasco, State of
Washington, and the right -to place, erect, lay, maintain, operate,
repair, remove or replace in, upon and under the streets, alleys,
avenues, thoroughfares, public highways, and public grounds in said
City of Pasco, poles, conduits, wires, cables and other appliances
and conductors for the transmission of electricity for telephone
and telegraph purposes.
The City Council of the City of Pasco, do ordain as follows:
Section 1. That the City of Pasco does hereby grant to
The Pacific Telephone and Telegraph Company, its successors and as-
signs, the right and privilege to do a general telephone and telegraph
T business within said City of Pasco, and to place, erect, lay, maintain,
operate, remove or replace in, upon, and under the streets, alleys,
avenues, thoroughfares, public highways and public grounds of the
City of Pasco, poles, conduits, wires, cables and other appliances'
and conductors for the transmission of electricity for telephone and
telegraph purposes. Such wires, cables and other appliances and con-
due'tors may be strung on poles or other fixtures above ground, or at
the option of the grantee, its successors or assigns, may be laid
underground in pipes or conduits or otherwise protected, and such
other apparatus may be used as may be necessary or proper to operate
and maintain the same, provided, however, that in as far as is prac-
ticable such poles orapole lines shall be constructed in the alleys
of said City of Pasco.
Section 2. It shall be lawful for said The Pacific Tele-
phone and Telegraph Company, its successors and assigns, to make
all needful excavations in any of the streets', alleys , avenues;,
thoroughfares, public highways and public grounds in' the City of
Pasco, for the purpose of placing; erecting, laying, maintaining,
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operating, removing, replacing poles, conduits or other supports or
conductors for said wires and.cables. Said work shall be done in
compliance with the necessary rules, regulations, ordinances or
orders which may during the continuance of this franchise be adopt-
ed from time to time by the City of Pasco.
Section 3. Whenever The Pacific Telephone and Telegraph
Company, its.successors and assigns, shall disturb any of the streets,
alleys, avenues, thoroughfares., public highways.or public grounds for
the purposes aforesaid, it or they shall restore same to good order
and condition as soon as possible without -unnecessary delay, and
failing to do so the City of Pasco shall have the right to fix a
time which shall,be reasonable, within which such repairs and res-
toration of streets shall be completed, and upon failure of such
repairs being made by said The Pacific Telephone and Telegraph Com-
pany, its successors or assigns, the City of Pasco shall cause such
repairs to be made at the expense of said The Pacific Telephone and
Telegraph Company, its successors and assigns.
Section 4. Nothing in this ordinance shall be construed
in any wise to prevent the proper authorities of said City of Pasco
from sewering, grading, planking,rocking, paving, repairing, alter-
ing or improving any of the streets, alleys, avenues, thoroughfares,
and public highways or places within said City of Pasco in or upon
which the poles, wires, or other conductors of said The Pacific
Telephone and Telegraph Company, its successors or assigns, shall
be placed, but all such work or improvements shall be done so as not
to interrupt the telephone or telegraph service being rendered by
° The Pacific Telephone and Telegraph Company, its successors or
assigns, and if possible, so as not to obstruct or prevent the free
use of said poles, wires, conductors, conduits or other apparatus.
Section 5. Whenever it becomes necessary to temporarily
rearrange, remove, lower or raise the aerial cables, wires or other
apparatus of the grantee topermit the passage of any building,
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machinery or other object, the said grantee will perform such re-
arrangement, on not less than seven (7) days' written notice from
the person or persons desiring to move said building, machinery, or
other objects. Said notice shall bear the approval of the engineer
or such other official as the Council may designate; shall detail
the route of movement of the building, machinery or other objects;
shall provide that the costs incurred by the grantee in making such
arrangement of its aerial plant will be borne by the person or per-
sons giving said notice; and shall further provide that the person
or persons giving said notice will indemnify and save said grantee
harmless of and from any and all damages or claims of whatsoever
kind or nature caused directly or indirectly from such temporary
rearrangement of the aerial plant of the grantee.
Section 6. Whenever it becomes necessary to trim trees
in public streets or places for the proper operation of the lines
and conductors of the said grantee, such trimming shall be done by
competent employees of the grantee upon the granting of a permit by
the engineer or such other official as the Council of the City of
Pasco may designate.
Section 7. In consideration of the right and privilege
hereby granted the City of Pasco shall have, and the said The Pa-
cific Telephone and Telegraph Company, its successors and,assigns,
hereby grants to it during the life of this franchise, the right
and privilege to place and maintain, where aerial construction
exists, a fixture on the top of poles erected and maintained under
this franchise, to which may be attached wires not exceeding four
(4), and where underground conduit exists the said The Pacific Tele-
phone and Telegraph Company, its successors and assigns, shall fur-
nish said City of Pasco with one duct in its main underground system,
excluding pipe or other conduit dips connecting one pole with another
or two pairs of wire in underground cable, free of charge to said
City of Pasco to be used for low tension police and fire alarm
purposes, it being understood that it shall be optional with the
grantee as to whether two pairs of wires shall be given or a duct
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in the underground system. Provided, however, that said City of
Pasco shall in its use and maintenance of such fixtures, wires or
ducts comply with the reasonable plans and rules of The Pacific
Telephone and Telegraph Company, its successors and assigns, so
that there may be a minimum danger of contact between its fixtures,
wires or ducts, and the fixtures,'wires, cables or ducts of the
said The Pacific Telephone and Telegraph Company, its successors
and assigns, nor shall the wires of said City of Pasco be unduly
exposed to foreign electrical current in excess of five thousand
volts, and provided, further, that in case of rearrangement of said
plant, the said City of Pasco will at its own expense care for its
own fixtures, wires and construction and provided further that said
The Pacific Telephone and Telegraph Company assumes no liability
whatsoever, either to said city or to any person, firm or corporation.
whatsoever, for any damage or claim of any kind arising out of the
construction,.maintenance, operation, removal or presence of the
equipment herein described and to be used by the city solely in
maintaining the efficiency of its fire alarm system and police force.
Section 8. In further consideration of the right and
privilege hereby granted, the said The Pacific Telephone and Tele-
graph Company, its successors and assigns, shall install and main-
.tain, without charge to the said City of Pasco, for local service
telephones for the exclusive use of;the city for strictly municipal
purposes, at such locations within the corporate limits as may be
designated by the Council of the City of Pascco�ows- Ten (10)
telephones for the first 2,000 exchange stations�in service and five
(5) additional telephones for each additional 19000 exchange sta-
tions in service, provided, however, that not more than twenty-five
(25) telephones will be furnished dur.ng_._ the period covered by 'this
ordinance.
Section 9. The rights, privileges and franchise hereby
granted shall continue and be in foree for the period of twenty-five
years from and after the date this ordinance becomes effective.
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Section 10. This ordinance shall take effect and be in
force from and after its passage and five (5) days after the same
shall have been duly published, and the said grantee shall, within
thirty (30) days after the passage of this ordinance, file with the
clerk of the City of Pasco its written acceptance of all of the
terms and conditions of this ordinance.
Passed this Zt day of
Approved this day of ��L�— l7• ��
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WRITTEN ACCEPTANCE OF ORDINANCE NO. 396
DIJU-N-4;
CITY OF PASCO, WASHINGTON
To the Mayor and Council of the City of Pasco, Washington
WHEREAS, on the 16th day of February, 19329 the City
Council of the City of Pasco passed Ordinance No. 396 entitled:
An ordinance granting to The Pacific Telephone and
Telegraph Company, its successors and assigns, the right to
do a general telephone and telegraph business within the
City of Pasco, State of Washington, and the right to place,
erect, lay, maintain, operate, repair, remove or replace in,
upon and under the streets, alleys, avenues, thoroughfares,
public highways, and public grounds in said City of Pasco,
poles, conduits, wires, cables and other appliances and con-
ductors for the transmission of electricity for telephone
and telegraph purposes and,
WHEREAS, said ordinance was duly signed by the Mayor of
said City and attested by the City Clerk of said City on the 16th
day of February, 1932; and,
WHEREAS, the franchise granted by said ordinance was
granted upon the condition that the said grantee should accept the
terms and conditions thereof in writing within thirty (30) days
from and after the passage of said ordinance.
NOW, THEREFORE, KNOW ALL MEN -BY THESE PRESENTS, that
The Pacific Telephone and Telegraph Company does hereby accept
said Ordinance No. 396 and the franchise granted thereby, to-
gether with all of the terms and conditions of the Ordinance.
IN WITNESS WHEREOF, The Pacific Telephone and Telegraph
Company has caused this acceptance to be duly executed this
/D day of 1932.
THE PACIFIC TELEPHONE AND TELEGRAPHS
COMPANY
By. //03--,
I/President
Attest: �"--------
retary
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