HomeMy WebLinkAbout1602 Ordinance - Franchise - Pacific Power and Light - Recorded•�' ] �f I N Y 't/ .-.l i i n n r'�µ` Ir' 54
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D-0R01`Hi 1'0WNE AUI)auk :=-°^ ORDINANCE N0. -
Y F NKL�IN C t i�;E Ud!'f:ti';
'�. l,�, Y. WASH.
�-DEPUTY FPUT1'
AN ORD CE GRANTING T6 PACIFIC POWER & LIGHT COMPANY, A CORPORATION, AND TO ITS
SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE RIGHT AND FRANCHISE FOR A PERIOD OF TWENTY-
FIVE (25)' YEARS TO CONSTRUCT, MAINTAIN AND OPERATE ,IN, OVER; UPON AND UNDER THE
PRESENT AND FUTURE STREETS, ALLEYS,.BRIDGES, HIGHWAYS AND OTHER PUBLIC PLACES OF
THE CITY,OF PASCO, WASHINGTON, ELECTRIC POWER TRANSMISSION LINES AND APPURTENANCES,.
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED IN THIS ORDINANCE; AND _REPEALING
ORDINANCE NO. 343 OF THE CITY OY PASCO, PASSEDSEPTEMBER 1'3, 1923.
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THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS., •
Section 1. The City of Pasco., Franklin County, Washington, hereinafter
referred to as "the City," hereby grants to Pacific Powerl& Light Company, a
corporation, and to its successors and assigns., hereinafter referred to as "Grantee,"
a right and franchise for the period of twenty-five (25) years from and after the
effective date of this Ordinance, to-'bonstruct maintain and'operate in, over, 'upon
and under the present and future streets, alleys, bridges, highways and other public
places (all hereinafter referred to as "streets") within the present or future limits
of the City of Pasco, electric power transmission lines, and all necessary or desir-
able appurtenances thereto, for the purpose of transmitting electric power and energy.
Section 2. The right and franchise hereby granted shall not be exclusive
and the City expressly reserves the right, at any time during the term of the right
or franchise hereby granted, to grant rights or franchises for such purpose to other
persons or corporations, as well as the right in its own name as a municipality, to
use said streets for such purpose.
Section 3. The locations and methods of installation and maintenance of
all poles, wires; fixtures, underground conduits and appurtenances thereto (herein-
after referred to as "facilities") shall be subject at all time's to reasonable regu-
lation by the City Council or by such committee 6f the Council or such official of
the City as may be designated by the Council., and all such facilities shall be so
constructed and maintained so as to interfere as little as practicable with streets
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or other traffic. All of such facilities shall be installed and at all times main- L
tained by Grantee in safe order and condition and in accordance with good electrical L`j
practice, and Grantee, at its own cost and expense, shall promptly repair all streets
in any way disturbed by Grantee, and shall restore the -same to as good -condition as
Mail To: City &f Pasco
Box 293
Pasco,Wn. 99301 34951M
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the same were in' prior to the doing of any work thereon or therein by Grantee.
Grantee shall comply with all lawful ordinances:, rules, or regulations of the City
relating to the use or improvement of said streets.
Section 4. When necessary, in order to permit any duly authorized person
to move any building or other structure across or along any street within the City.,
Grantee shall temporarily raise or remove its facilities upon such streets upon
reasonable notice in advance from the Clerk of the City, at such time and in such
manner as may be necessary reasonably to accommodate such moving, consistent with
the maintenance of proper- operation of•Grantee's said transmission lines; provided,
however, that the cost to Grantee of such temporary .raising or removal or any inter-
ruption of Grantee's operating of said. transmission 'lines caused thereby, shall first
be paid or satisfactorily secured to Grantee by the owner or mover of such building
or other structure.'
Section 5. The City shall be permitted, without charge therefor:, to
attach its fire alarm, traffic control and police signal wires to the poles of
Grantee in said City, but at the City's own risk and only in accordance with standard
safety practices. If there is not sufficient,space available thereon for said pur-
pose, Grantee's structures may be so changed, altered, or rearranged at the expense
of the City as to provide proper clearance for such.wires. Such wires shall be sub-
ject to interference by Grantee only when and to the extent necessary for proper
construction, reconstruction, maintenance, operation, or repair of Grantee's electric
utility property and facilities.
Section 6. Grantee hereby agrees and covenants to indemnify and save harm-
less the City and the officers thereof against and from any and all claims, and all
damages, cost and expense to which it or they may be subjected by reason of any
negligent act or omissions of Grantee, or its agents or servants, in ,any manner
arising out of the construction, reconstruction,,maintenance, or operation of any
property of Grantee in, on, or over any of said streets,
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Section 1. Nothing in this ordinance shall be deemed or construed to limit
the power of the proper authorities of the City to .constr:uct or maintain public improve-."
ments and whenever in the prosecution or maintenance of such improvements it becomes
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necessary or convenient to require the, removal, readjustment, or relocation of
any of Grantee's electric power transmission poles, lines, or other facilities lo-
cated on any of said streets, the same shall be done by and at the sole expense of
Grantee.
Section 8. 1f Grantee shall fail to perform or comply with any of the
obligations and requirements imposed by this Ordinance, after the receipt of
written notice from the City specify'in'g the respect in which Grantee is'deemed to
be in default hereunder and demanding that such default be remedied within a rea-
sonable time to be fixed in such notice, the right and. franchise granted hereby may
be terminated and annulled by the City Council, after reasonable opportunity for
Grantee to be heard and appropriate determination is made with respect to such al-
leged default.
Section 9. Upon the effective date hereof, but not otherwise, Ordinance
No. 3'43 of the City of Pasco, passed September 13, 1923, granting a franchise to
Grantee, is hereby repealed.
Section 10. This ordinance shall be published promptly after adoption,
once, verbatim, in the "Tri -City Herald", the official newspaper for the City of
Pasco.
Section 11. This ordinance shall take effect -five days after its final
passage by the Council and being signed by the Mayor of the City, and its publica-
tion as provided above, but shall become null and void unless within sixty (60) days
after such effective date Grantee shall file in the office of the Clerk Grantee's un- G�
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qu.al.ified written acceptance of all the terms, conditions, restrictions and obliga-
tions to be complied with or performed by it hereunder.
PASSED by the Council on the _ 21day of August 1973.
Signd:
Mayor of the City of Pasco
Attest: Date
_ j
Harry osiner,City Clerk f theCity of P
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Appr ed as to form: 34,0510
34`2 2h
D. Wayne Campbell, City Attorney -3-
34°01'51-®
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EXTRACT OF MINUTES' OF MEETING OF THE COUNCIL OF THE CITY
OF PASCO HELD ON THE 27-- DAY .OF August . , 1973
A form of ordinance entitled:
"AN ORDINANCE GRANTING TO PACIFIC POWER & LIGHT COMPANY,
A'CORPORATION,.AND TO ITS SUCCESSORS AND ASSIGNS, A NON-
EXCLUSIVE RIGHT AND FRANCHISE FOR A PERIOD OF TWENTY-FIVE
(25) YEARS,TO CONSTRUCT, MAINTAIN AND OPERATE IN, OVER,
UPON AND UNDER THE PRESENT AND FUTURE STREETS, ALLEYS,
BRIDGES, HIGHWAYS, AND OTHER PUBLIC PLACES OF THE CITY OF
PASCO, WASHINGTON, ELECTRIC POWER TRANSMISSION LINES AND
APPURTENANCES, SUBJECT TO THE TERMS AND:CONDITIONS SPECI-
FIED IN THE ORDINANCE; AND REPEALING ORDINANCE NO. 343 OF
THE,CITY OF PASCO PASSED SEPTEMBER 13, 1923,
was introducted to the Council.
After being read in full and discussed, further consideration of
said Ordinance was set over to a regular meeting of the Council to be held
in accordance with Section 35A.12.120 of the Revised Code of Washington.
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EXTRACT OF MINUTES' OF MEETING OF THE COUNCIL OF THE CITY
OF PASCO HELD ON THE 27-- DAY .OF August . , 1973
A form of ordinance entitled:
"AN ORDINANCE GRANTING TO PACIFIC POWER & LIGHT COMPANY,
A'CORPORATION,.AND TO ITS SUCCESSORS AND ASSIGNS, A NON-
EXCLUSIVE RIGHT AND FRANCHISE FOR A PERIOD OF TWENTY-FIVE
(25) YEARS,TO CONSTRUCT, MAINTAIN AND OPERATE IN, OVER,
UPON AND UNDER THE PRESENT AND FUTURE STREETS, ALLEYS,
BRIDGES, HIGHWAYS, AND OTHER PUBLIC PLACES OF THE CITY OF
PASCO, WASHINGTON, ELECTRIC POWER TRANSMISSION LINES AND
APPURTENANCES, SUBJECT TO THE TERMS AND:CONDITIONS SPECI-
FIED IN THE ORDINANCE; AND REPEALING ORDINANCE NO. 343 OF
THE,CITY OF PASCO PASSED SEPTEMBER 13, 1923,
was introducted to the Council.
After being read in full and discussed, further consideration of
said Ordinance was set over to a regular meeting of the Council to be held
in accordance with Section 35A.12.120 of the Revised Code of Washington.
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EXTRACT OF MINUTES OF MEETING OF THE COUNCIL OF THE CITY
OF PASCO HELD ON THE 21 DAY OF ' August 1973
A form of .ordinance entitled:
"AN ORDINANCE GRANTING TO PACIFIC POWER &LIGHT COMPANY, A
CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS, A NONEXCLU-
SIVE RIGHT AND FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25)
YEARS,TO CONSTRUCT, MAINTAIN.AND OPERATE IN, OVER, UPON AND
UNDER THE PRESENT AND FUTURE STREETS, ALLEYS, BRIDGES, HIGH-
WAYS AND OTHER PUBLIC.PLACES OF THE CITY OF PASCO, WASHINGTON,
ELECTRIC POWER TRANSMISSION LINES AND APPURTENANCES, SUBJECT
TO THE TERMS AND CONDITIONS SPECIFIED IN THE ORDINANCE;.AND
REPEALING ORDINANCE NO. 343 OF THE CITY ;OF PASCO PASSED
SEPTEMBER 13, 1923,"
was brought on for further action said Ordinance havingbeen previously
introduced at a regular meeting of the Council on the - 7 day of August ,
1973.
After being read infull and further discussed, Councilman
Schor
moved that said Ordinance be adopted, Councilman
Denney seconded said motion. Upon vote being taken said
Ordinance was duly passed by the affirmative vote of'not less than .five
members of the Council,.to wit; the following Councilmen:.
Voting Aye: Councilmen
S,. K. Adams
M.R. Denney
Donald D. Linton
Al Schor
Bill Wilkins
Voting Nay: Councilmen
Ab -sent: -Councilmen
Sam Hunt
Lawrence Larsen
there being 5 members of the Council in attendance at said time. Thereupon
the Mayor announced that said Ordinance had been duly passed, and it was there-
upon duly signed, :attested and numberedas Ordinance No., 1602
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STATE OF WASHINGTON
SS.,
County of Franklin )
Harry D. Kinzer
I, , Clerk of the City of Pasco,, Franklin
County, State of Washington„ do hereby certify: That the foregoing extract of
minutes of regular meetings of -the Council of the City of Pasco held on the
7 day of. August 31 1973 and the 21 day of August
1973, are full and true copies of those portions of the minutes relating to the
introduction, discussion and passage of an Ordinance which was subsequently
adopted as Ordinance No. 1602_ of said City. I further certify that the fore-
going copy of said Ordinance is a full, true and correct copy'of the original
thereof,,as the same is in my.cus.tody as Clerk of said City of Pasco, and that
said Ordinance was duly enacted by the vote of not less than five members of
the City Council at a regular meeting.of the Council of said City, duly and
regularly called and held, and at which a majority of all the members of said
Council was present and acting, and that said Ordinance was signed by the Mayor
and attested by me, as Clerk, and that said Ordinance was published at least
once in the "Tri -City Herald," the official newspaper thereof, to wit: on the
27 day of August 1973.
WITNESS my hand and the seal of the City of Pasco this 22 day of
August 1973.
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PACIFIC POWER & LIGHT COMPANY
WASHINGTON DIVISION
P. O. BOX 1288
YAKIMA. WASHINGTON
ASINGTON 98901
V 1F" e I
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October 15,1973
Mr. Harry D. Kinzer
Director of Finance
City of Pasco
P. 0. Box 293
Pasco, Washington 99301
Dear Mr. Kinzer:
In reference to the City of Pasco's Ordinance No. 1602
granting Pacific Power & Light Company a 25 -year term non-exclusive
franchise, I am enclosing the original and two copies of an
Acceptance of Ordinance No. 1602. This has been executed on behalf
of Pacific Power & Light by Mr. A. C. Bartholomew and is in accordance
with the provisions contained in Ordinance No. 1602.
It would be appreciated if you would certify to its filing
as provided in the space on the second page.
Please keep one certified copy of the Acceptance for your
records and return two certified copies to me.
Very truly yours,
RMS:L Robert M. Smith
Enc. Division Manager
October 16, 1973
Mr. Robert Smith
Division Manager
Pacific Power & Light Co.
P.O. Box 1288
Yakima., Washington 98901
Dear Sir:
Per your correspondence of October 15, 1973, attached are two
certified copies of Acceptance of Ordinance No. 1602 between the
City of Pasco and Pacific Power & Light Co.
If we can be of further assistance to you, please do not hesitate
to call on us.
Sincerely yours,
CITY OF. PASCO
Harry D. Kinzer
Director of Finance
HDK: ew
ACCEPTANCE OF ORDINANCE NO. 1602
by
PACIFIC P014ER & LIGHT COMPANY
Pacific Power & Light Company hereby unconditionally accepts Ordinance
No. 1602 of the City of Pasco, Franklin County, Washington, and all the terms,
provisions, and conditions thereof, said Ordinance being entitled:
AN ORDINANCE GRLNTING TO PACIFIC POWER & LIGHT COMPANY, A
CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS A NONEXCLU-
SIVE RIGHT AND FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25)
YEARS TO CONSTRUCT, MAINTAIN AND OPERATE IN, OVER, UPON AND
UNDER THE PRESENT AND FUTURE STREETS, ALLEYS, BRIDGES, HIGH-
WAYS AND OTHER PUBLIC PLACES OF THE CITY OF PASCO, WASHINGTON,
ELECTRIC POWER TRANSMISSION LINES AND APPURTENANCES, SUBJECT
TO THE TERMS AND CONDITIONS SPECIFIED IN THIS ORDINANCE; AND
REPEALING ORDINANCE NO. 343 OF THE CITY OF PASCO, PASSED
SEPTEMBER 13, 1923.
which said ordinance was introduced at a regular meeting of the Council of the
City of Pasco on August 7, 1973, and was read fully the first time; was read
fully the second on August 21, 1973, at a regular meeting of the Council of
said City of Pasco and duly passed. Said Ordinance was duly attested by the
Clerk, was submitted to and duly signed by the Mayor of said City of Pasco on
the 21st day of August, 1973, and was duly published in the Tri -City Herold,
the office of newspaper thereof on the 27th day of August 1973.
IN WITNESS WHEREOF said Pacific Power & Light Company has caused
this acceptance to be executed on behalf of one of its Vice Presidents, and
its corporate seal to be hereunto affixed, attested to by one of its Assistant
Secretaries, on this 1'L day of (_tj c—�ai,,z., 1973.
PACIFIC P014ER & LIGHT COMPANY
By
Senior Vice President
Attest:
Assistant Sec etary
PD -16 -WA -24
Harry D. Kinzer
I, Clerk of the City of
Pasco, do hereby certify the foregoing is a fully, true and correct copy of
Acceptance of Ordinance No. 1602, and that the original of said acceptance was .a
filed in my office as such Clerk ons ��—-3'i J,
WITNESS my hand and the seal of the City of Pasco this 16 day
of October 1973.
PD-16-WA=24.
-2-
October 2, 1973
Mr. Robert Smith
Division Manager
Pacific Power &.Light
Yakima, Washington
Dear Mr: Smith:
Attached.is a copy of Ordinance No. 1602, as corrected and recorded
again on September 29, 1973. We are also.en,closing a copy of the
minutes of regular meeting; held August 21, 1973, showing passage_
of Ordinance No. 1602.
I trust this will complete your file and we regret any incon-
venience this may have caused you.
Sincerely yours,
CITY OF TASCO
Harry D. Kinzer
Director of'Finance
NDK:ew
cc's to: M.B. Winegar, City. Manager•
File ,
Mr. Robert M. Smith
Division Manager
Pacific Power & Light
Yakima, Washington 98901
Dear Mr. Smith:
Attached is a copy of Ordinance No. 1602, recorded, and executed
by proper City officials on August 21, 1973.
If you should desire additional copies, please do not hesitate
to call on us.
Sincerely yours,
CITY OF PASCO
Harry D. Kinzer
Director of Finance
HDK: ew
Enc: (1)
1-4
PACIFIC POWER & LIGHT COMPANY
P. O. BOX 1288
YAKIMA. WASHINGTON 98901
WASHINGTON DIVISION
August 10, 1973
Mr. M. B. Winegar, City Manager
City of Pasco
P. 0. Box 293
Pasco, Washington 99301
Dear Mr. Winegar:
Thank you for your note of August 8 advising that the
proposed Franchise Ordinance for Pacific's use of the streets in
the City of Pasco for transmission lines, was introduced at your
August 7th meeting.
We see no reason not to drop the reference to
Section 35-A.12.160 as your attorney has recommended, and the sentence
would then begin with the words, "This Ordinance ."
i
It is necessary for me to be in Walla Walla on August 21, and
I will therefore arrange my schedule to be available at your regular
meeting on the evening of the 21st in the event any questions would
come up.
RMS:L
Sincerely,
Robert M. Smith
Division Manager
L r
August 8, 1973
Mr. Robert M. Smith
Division Manager
Pacific Power and Light'Company
Yakima, Washington 98901
Dear Mr. Smith:
The Pasco City Council at its meeting of August 7th introduced
the Franchise Ordinance for your transmission lines. It has
been numbered 1602. Our City Attorney, however, at the meet-
ing suggested to me that Section 1.0 be modified. He. feels the
referral to Section 35-A .12.160 is not applicable in our case
and that the sentence should begin with the words "ThLs
ordinance .". Assuming you have no problem with this cor-
rection I believe the ordinance will be up for final reading at the
regular meeting of August 21st.
Sincerely,
M. B. Winega.r
City Manager - Pasco
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t,a�i AN ORDII,xiyCE granting to Pacific Power .c Light Company,
a 09,1 oration, its successors and assigns, a franchise to construct,
maintain and operate in the present and :Future streets, alloys 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 electricservi.ee to the City of Pasco,
the inhabitants thereof and others; and repealing Ordinance No. 51
.of the Town ( now Cit1 ) of Pasco, app -roved T:I:ay 2, 1906.
TIME CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS:
Section 1. There is hereby granted to Pacific Pourer E: bight
Company, and to its successors and assigns (hereinafter called the
Grantee), the riglii,, 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- L,
censors, electric light and porter lines, with all the necessary or
desirable appurtenances (including underground conduits, poles, vires, y ai
i
and telephone and telegraph wires for its own use) , for the purpose of
i
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 Wilere 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 ,s
the supervision of the proper officials of said City of Pasco. Poles
shall be so erected as not to cause any avoidable interference with E
traffic.
t
Section 3. The City of Paseo . may, without charge therefo i,
attach its fire alarm and police signal wires to the poles of the
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.f,C71r _T :, rr:rir f Tri / t= IF i:.:;.�:�,CY,}� �• !: �tii' S; j
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ter,+ I7!=,"'f,.r, .i IY^.1__1+� �'..I.! (' 1
1.f. .r } , .; r..; `.�. `I ;: iv'r' '~l.'�'t�. I" � � •.
-u ,nr1l practice. Such ^wires Ysl f(i sub j0CT "Z0- 11:1Zer"It;--L t'tuv -
good va_c�ptr 1
bv t1ae 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, tale 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 pres.cx'ib ed
by the Department of Public. 1-orks 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 B. 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 May 1, 1906,
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and approved by the Mayor of said Town (now City) on 1.1ay 2, 1906,
said Ordinance No. 51 beim; entitled:
"AN ORDINIANCE granting; the franchise to
r• E. Elmendorf, his successors or assigns, to
construct, maintain, o„vn and operate an electric
lighting power plant and system ir, the town of Pasco,
Washington, and for that purpose, to occupy and
use as much of the streets, avenues, alleys, lanes
ana tlloroug ifares thereof as may be necessary for
the same, and to supply electric lights and pourer
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 80 Light Company under that certain
contract for street.lighting, service between the Town.(now City) of
Pasco and F. E. Flmendorf, , dated L'iay 19, 1906, as supplemented and
modified by that certain contract between said City of Pasco and said
Pacific power ,, Night Company, dated Lay 16, 1916, and by resolution
adopted by the Council of said City of Pasco and thereafter accepted
by said Pacific Power 8: Light Company, said resolution having been
passed and approved on Jude 6,.1922.
Introduced before the Council L�%t-Q-�;P GC.� 1923.
Passed by the Council - ' /x�`� 1923
1. o .� >,� _ ��
Approved this/ , - 'ay f�7 T 192 •
1
r of the City of Pasco
Approved as to form:
City Attorney
ATTEST:
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