Loading...
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, e 1. r 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, - 2 - 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 - 3 - J. 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. - 4 - 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• �� iit"' is -I - - VIN, 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 f)/C-e� N,