Ordinance 0129A-7 0?DI KIATCE granting to P.P.Carroll, his representatives,
heirs, and assigns, the right, pritilege, authority and franchise
to erect, construct and ria.intain poles and wires over, along and
across the streets, avenues and alleys of the Town of F-dmonds,
and to construct conduits therein, for the purpose of transmission,
distribution and sale of electric current for electric bower,
heat and light and for any other purpose for which electricity
may be used.
BF IT ORDAIPT1?D by the 'Town_ of Edmonds as follows
Section 1. That there be and hereby is granted to P. P.
Carroll, his representatives, heirs and assigns, the right, priv-
ilege, authority and franchise to erect, maintain and use poles
with cross arms for the sup -,port of wires in, over, upon and along
the streets, avenues and alleys of the Town of F-drnonds, and to
construct conduits and wires for the transmission and distribution
of electric current for electric power, heat and light and for any
other purpose for which electricity may be used and to furnish
electric pourer, heat and light within the Town of Rdmon.ds for
municipal, Domestic a.nci manufacc-ur-ing uses and for any other use
or uses to which electricity clay be put, and to charge and collect
tolls, rates. and compensation for such power, heat and light anti
use.
T'rheneyer said grantee shall desire to erect poles, string
wires or cables, or lay conduits, under this grant, he shall file
with the mown Council a plan drawn to scale, showing the streets,
avenues, ' alleys or other public places or part thereof in which
he pr2poses to erect poles, string wires or cables or to lay con-
duits, and the particular pax-L tr,ter uu2' he proposes to occupy for
same
each such purpose. "Ie shall at the�ti-me present and file with
the said Council definite written specifications of the electrical
conductors, wires, poles and conduits proposed to be erected,
strung or laid by him, specifying the material and dimensions there-
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of, the height of wires, the depth of conduits, the method of
insulation_, and the devices to be used for the protection of
life and property, which shall be the most approved, and said
grantee shall not have authority to proceed with any of said work
until said Town Council shall have approved such plans and spec-
ificationsAas modified or amended, and a written permit shall have
been issued by said board therefor. Said grantde for himself, his
I.zeirs, successors and assigns, by accepting the provisions of
this ordinance, does agree to protect and save harmless the Town
of Rdm.onds from all claim, action or damage of every kind and nature
Which may accrue to or be suffered by any person or persons by
reason of the defective construction or maintainance of said poles,
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cross arms and other electrical ap-aratus. And in case an action
or suit is commenced against said mown for damages, arising out
of or by reason of such defective construction or maintainan.ce,
L-nproper occu;:ation, or negligent o-peration, said Fgr ,.ntee , his
heirs, successors and assigns will, upon written notice to him of
the co,L encement of said action or suit, defend the sL2:1e at his
sole cost and expense; and in case judgment shall be rendered x
against said Town of,Fdmonds, in such suit or action, will satisfy
said judf;In.ent within ninety (90) days after said suit or action
shall have been finally determined, if determined adversely to
said 7own, r:,rovided that the, said grantee, his heirs, successors
and assligns shall have the sole and exclusive control of the: con-
duct of said cases.
Section 2.. An.7r and all poles erected in said streets shall
be neatly painted, and repainted as often as rqay be required to
keep thgm in neat condition, and when practicable all such poles
shall be placed in alleys. All polies shall be at least thirty (30}
feet long and the poles and conduits shall be of sufficient size
and capacity and of such construction as to afford suitable and
sufficient facilities for at least one other company, requiring
as great facilities, and to set them in the ground to such a depth
as to make them safe and free: from all danger to life and property.
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The placing of the poles and laying of the conduits shall be under
the direction of the proper official or beard of,:,said Town. All
wires shall be properly insulated, carefully cotnected and fastened
anc, shall be stretched so as not to interfere in the free use of
the said streets, alleys and ,public places of said Town. When-
ever itxshall be necessary in the erection, repair or subsLitucion
of any such poles or other apparatus to disturb any sidewalk, street
or alley, said grantee, his heirs, successors or assigns shall
without dela;Y restore such street, alley or public place a.s dearly
as practicable to the same condition as it was before the doing
of such work.
Section 3. That all work authorized and required by this
grant shall be done 'by said grantee in a safe, thorough and work-
manlike manner and under the supervision and subject to the appvo-
val of the Town Council or suc_a inspector or inspectors as it may
appoint, and said Town Oouncil may stop and prohibit the wore if
not dmne pursuant to such plans and specifications and as required
by it; and said .Mown Council may at the expense of said grantee
at any time and without notice do any and all work necessary to
restore any street, avenue, alley or public grounds left by said
grantee inka condition dangerous to life or property, to a safe
condition in said respects, and said grantee shall, upon demand,
pay the: Town all such costs of such work. Said grantee upon rea,-
xsonable notice from thelown Council shall at his own expense,
from time to time adopt and use auc-)i approved :ie:thods and devices
and make such changes and alterations in his poles, wires, cables
and conduits for the purpose of protecting life and property as
the Town Council may requireand in case of his failure so to do,
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said Town Council may, after reasonable: notice to said grantee, his,
heirs, successors and assigns furnish the material and do the
work necessary to that end and said grantee shall , upon demand,
pay the costs thereof to said Town.
Said grantee shall upon reasonable notice from the Town Council
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at his own expense, raise or lower any wire or cable maintained
by him and move any pole or conduit to permit the making of any
necessary local improverient or laying of sewd�a grater main or
branch thereof, and on his failure to comply with- "s5ch notice the
said mown Council may do the same and said grantee shall, on de --
nand, pay the Bost thereof.
�,- Said grantee,
shall.. during the entire period of
the life of
this franchise,
properly supply
electricity to all
persons and
corporations desiring the sazae in said '.town and situated along
any of his main lines of transmission or distribution or within
two thousand feet thereof, upon their complying with such general
rules and regulations, not inconsistent with this franchise, as
he may make with respect thereto.
That whenever any person shall have obtained permission of the
Town of r,dmonds to use any street of said Town for the purpose of
moving any building, the grantee herein, his heirs, successors
or assigns after forty-eight (48) hours written notice from the
Street r+o=, issioners of said Town shall raise or remove any of his
or their wireswhich may obstruct the removal of such buildings;
provided that the removal of such building shall be done in sash
a feasonable manner as shall_ cause least interference ,,rith the
business of said grantee herein, _,is hears, successors or assigns,
and where more than one street is available for t:(le .riovi±g of
such building, the: building, shall be moved on such street as shall
cause least interference with the lines of said grantee, his heirs,
successors and assigns.
Section 4. Where said grantee shall desire to use a street
in w'aich a company having a franchise for similar purposes,
containing, similar conditions to those embodied in this grant ,
shall have.erected poles, strung wires of cables or laid conduits
said grantee shall use the poles or conduits of such other com-
pany and make just compensation therefor as -may be provided in
the grant of such other company, or in other lawful -fnanner,
provided, that such pos and conduits are suitable and slufficieftt
for such use and that such use is consistent with safety djo life
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and property.
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Section ;. At the request of the Town of Edmonds, the grantee
herein, his heirs, successors or assigns shall furnish and place
at the top of said poles, cross arms sufficient- not to exceed
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8 fine alaems and 8 police call ti^rives and shall give free use
of said cross arms to the said Town of Edmonds during the life o-'
this franchise. Add the said grantee shall provide direct
current of sufficient capacity to charge and keep charged the +�
storage cells necessary to operate the fire alarm and police I
call systems, free of expense to the Town of Edmonds during the
life of this franchise.
Section 6. That in so far as the Town shall require any other
systems of wiring to be placed under ground, the wires of said
grantee herein may at any time be required to be placed in bander -
ground conduits instead of upon poles, and thereupon the poles
shall be removed and the wires placed in such conduits without
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expen se to the Town. Provided that said request shall not
be made and shall_ not, be coinDulsory until said Town of Edmonds {
shall have at least a population of 16,000 people.
Section 7. After the expiration of 16 years from the time
this franchise goes into effect, the town of Edmonds shall have
the right to purchase from the said grantee herein, his heirs,
successors and assigns all the reel and personal property, ac-
quired and used by him under this ordmnance together with. all j
ri-.-nts and interersts hereunder or in connection herewith as shall
be fixed and agreed upon by a majority of three ap- raisers to be
appointed, one by the Town, n1, and one by the grantees herein, his
heats, successors, or assigns, then owning and operating such
property, t12e third -to be chosed by these two, selected as aforesaid �
provided that 90 da?rs notice of the Torn' s intention to purchase
said property shall be given in writin.r- to said gra-ntee, '�.is heirs,
successors and assigns.
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Section 8. After the Town of Edmonds shall have a population
of 2o,000 the grantee herein, his heirs, successors and assigns
shall pay the sum of 41WO.00 cash annually during the remainder,
of the life of this franchis, payable ar..nua1177- on the first day
6f January of each year, in advance; and one per cent. per annum
of the gross annual receipts of the business carried on hereunder
after the;-to,� n. shall have a pol)uAalion of 20,000 and u-, to 25,000
and after the population is 25,000 the grantee herein s}.-a I there
after during the life of this franchis pay two per cent per annizi
of the gross annual receipts. All of such pa7,7-ments of tihel gross
reeeir,ts to be accounted for andnstat e�ients glade annaull ly on
070_947�
the first day of each succedding year when the won shall
have reached a population of 20,000 and on the first day of each
succeeding- year, the said grantee, his heirs, successors, and assign Z
shall make a full and. complete sworn statment of the gross earnings
from al! sources t: der this franchise for the ppeced.._n_L; year
of which. a percentage shall be due the Town as aforesaid, and
shall file the same with the Twon clerk or such other proper Town
official of Edmonds, and the pa✓rrne ►tt of the said percentage of
the gross receipts shall accompany the said statement for the
period of time covered by sua►h statement, and said. Town shall
have the right and privilege to examind the books of the said.
grantee, his heirs Isuccessors or assigns in which are shown the
gross receipts received in the business operated under and,by
virtue of this franchise, by the said grantee, his hetts11succass
ors or assigns, such ex_anination to be made by -the duly appointed
representative of said Town, and at any time at the option of said
Town.
Section 9.. Sa d grantee shall be prepared to xpTx_ supply
hprse-power to consumers within the Town at or before the expiration
of one year from the date of t'Ze acceptance of this franchise, a�C. ®
he shall from time to time submit plans z.n.d specifications of this
proposed construction for approval as hereinbefore provide'."
Section 10.. This grant is made for a period of 50 years
fro--!! its acceptance, at the expiration of wb.ich period all rights
and privileges hereby granted or conferred shall cease and termi-
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inate.
Said grantee shall be prepared to sup ly lig_t and power to
consumers-withi-r the motion of 1Idmonds an or before Jan. 1,1905)
and shall also frona tiiaie to time submit plans and specifications
of 'h.is proposed construe Lion, for approval as l�.ereinbefore pro-
vided. Said grantee shall be prepared to furnish additional
horse power as far as the derr_and therefor :may require the same.
ll. That if the said grantee or his stcessors heirs or assigns
shall willfully villate or fail to comply with any provisions of
this grant for 90 days after notice froYhthe Town ronncil or
shall willfully and unrasnnably neglect or fail to comply with
any notice given to said grantee under t-11'_ ?Dro-visions of this
grant, he shah_ -forfeit all rights hereurder and this grant r..ay
be revol.ed and arjnuled br,T the Town Council.
And the grant of this franchiseright and privilege herein
made shall- be sub�_ect to ::he ri[,ht of the Town Council at any
if the franchise granted hereby is not off_ erated in accordance tgrtth
the provisions hereof or at all. : and this provision is intended
as a reservation of the right of the Town Council to so repeal
annu&L, a_rae=__d or Liodif-,this ordinance in acc ordaxce with the
re Luirements of tlRe Charter of the Town of Ed_l onds . .
This grant shall not become operative untill said grantee
shall have filed with the, -down clerk a written acceptance of all
the terms and conditions thereof,and shall be void be vM�_d if ,
such acceptance shall not be filed within one month after the
adoption thereof.
Wherever in this ordinance the term "grantaelf is used,
it shall be held and understood to stand. for and represent P.P.
Carroll,said grantee,his representatives,heirs and assigns.
Sec tionAl. 'That this ordinance shall take effect and be in
force from and after its passage and approval by the Mayor; o ther-
wise it shall tke effect at the time when it shall become a law,
according to tfie provisions of the gown Charter.
At'PRpp..
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