Ordinance 0492242
W,
ORDII;AICE 1.0. 492.
Ordinance gmrtirg for a period of Twenty-five 25, years
to Edmords Ir_.depenciert Te ephore Company, its successors and as
signs, the right, privilege and auth ity to d a general Telephone
and Telegraph business within the City of Edmonds, ashington=
SECTIOS 1: The City Council of the City of Edmonds, do ordain
s follows: That t'..-re be, and hereby is, granted upor the con-
ditiors in this Ordi_ ::._-ce contained, to Edmonds Incleperdent
Tele-phone Company, a Co=: oration, organized and existing under the
2� laws of the State of Washirgton, its successors and assigns, for
the period of Twenty -five (25) years from and after the effective
date of this Ordinance, mairtair and operate a general Telephone
and Telegraph systc:a and facilities therefor within the City of
Edmonds, and place, erect, lay, maintain and replace Jr,upon, a-
long and under all oL2 the St ets, alleys, and other public high
ways of said City, poles, conduits, wires: cables and other facili-
ties for the conduct and ope ation of a general Telephone and Tele
graph business and-rarsmis�ior of e ectricity therefor.
SECTIOI, 2: Bef--re said grantee. its successors or assigns.
shall begin the co_ -ructior of said conduit along under eath t
said streets and al _._ys , it or they shall file with the City Clerk
U of Edmords, detaile-_ plays and profiles of said conduits as ir-
ts :ded to be laid d�.:: along, underneath said streets and alleys,
the distance from the curb that the conduits and the depth from
the official grade surface of said street or alley. The said
grantee shall amerd -aid plays in accordance with the direction
of the City Council.
10� SECTI01, 3: The cor_struction of said conduits shall rot be
���begun until the Cit,: Courcil shall approve said plans so filed
with the City Clerk �s provided it Section 2 of this Ordir_,arc e.
SECTI01 4: T=_,_� said grar..tee, its successors and assigns,
all at its or their owr experse restore each and every street
and alley to as good a cor:ditior as it was before said street or
(;alley was disturbed for the pur,) se of putting dowr said conduits;
&-r_d it case said gr--_tee shall refuse or r_eglect to restore said
r streets and alleys �,s hereir specified, the Street Commissiorer
shall cause the ram- to be dore at the cost and expense of said
grar_tee, its succes.:._�s and assigns; during the cor_structior, of
said conduits, Shp----- save the City of Edmords harmless and free
from any cost and -rs e because of any damage alleged to have
beer_ caused by reas--r of the cor_structior ar.d maintenance of said
conduits.
SECTIOL 5: Th- rights herein granted to said Edmords Irde-
per_dert Telephone ;wry, its successors and assigns, shall rot be
construed so as to 1aprive the City of Edmords of ar_y of its powers
o regulate the use a=d control of the street:: d alleys within_
�,.ds
� ia City, or --to h�-.0"'dmar.from imrov--
er or delay the City of L p
ir_g said streets or alleys asp-rovided by the laves of the State of
Washingtor.
SECTivl- 6: 1 poles shall be placed and erected ir such
p,E t�marrer as may be de.igr.ated by the Street Committee of the City
2t' r Courcil. The �rires ` all be carefully corrected and fastered so
as rot to come in contact with ary object, and shall be stret ed
so as rot to interfere with the free use of said streets and
alleys, and at such a.height as may be designated by said Street
Committee unless otherwise ordered by the City Council.
iO' SECTIOR 7: T== wher it shall become necessary to take up
�G sidewalks or dig up the ground it the erectior_. of said poles, the
SW.:, said grantee, its - .ccessors ar_d assigns shall, after said poles
are erected without delay, replace -aid. walk ar.d remove all sur-
plus dirt, earth or other rubbish and replace said street or
alley it as good coiiditior as it was before it was taker up, sub
ject to the approval of the Street Committee.
SECTI01, 8: Th- City of Edmords reserves the right to order
the charge of posit_:.or of ar_y such poles wherever it the judgment
of the City Council, such change is necessary for the public good,
G
243
having due regard, however, for the vested rights of the parties.
SECTIM 9: Provided, that said Compa.r_y shall, withiL thirty �
days from the passage hereof, file with the G Lty Clerk, its a.e--
ceptaree of the 2rarchise herein graztea, subject to the corditio
herein. L othirg here it shall be c oLstrue d to give said Company
the exclusive right to maintaiL and operate the telephone system
of the City of Edmonds.
provided, that said Edmonds Irdeperdert TelephoLe Compa.ry
shall furnish for the use of the City of Edmor:ds rave telephoi,es,r..
free of charge, to be placed aLd iLstalled uLier the direction C�'J"`
of the City Gourcil. Also to sound the fire alarm free.
SECTIOI 10: Whenever it becomes necessary to temporarily re-w�or
arrange, remove, lower, or raise the wires, cables or other plant .
of the said grantee for the passage of buildings, machinery or
other objects the said grartee shall temporarily rearrarge, re-
move, lower or raise its wires, cables or other plart, as the
necessities of the case require.
Provided, howeyer, that the person, or Fey s desiring to
... ve any such builda=g, machinery or other objects, shall pay the
ehtire actual cost to the grantee of changiLg, alteripg, removing
or replacing its said wires, cables or other plant so as to per-
mit such passage, and shall deposit it advar_ce with said grartee f
a sum equal to such cost as estimated by said grantee aLd shall
pay all damages and claims of every kind whatsoever direct or
corse�uential, caused directly or iLdireetly by the ch&rgirg,
elterirg, removirg or replacing said hires, cables or other
plar_:t, except as may be occasioned through the negligence of
grantee, so as to permit such passage.
�+f,G
The grantee, its successors or assigns, shall be giver rot �F
leso than forty-eight (48) hours' written notice by the party d.e-
sirirg to move such buildirg or other objects. Said r_otice shall'
detail the streets and shall bear the approval of said City, by
such official as the said City shall designate, and such movir_.g
shall be with as much haste as possible aLd shall not be unreces-
sarily delayed or cause the grantee urrecessary expense or waste
of time.
The provisions of this Sectior shall be carried out iL ac-
cordarce with the Ordirarces of the City regula,tirg such matters.11
Provided, however, this Section shall Lot apply to the City whey e,
ergaged it the performance of any public work as in this Frar-
chise provided.
SECTIOL 11: A failure of the Edmonds Irdeperdert Telephore �41
Company to comply with the provisions of this Ordir_e ce shall, at
the option of the Council work a forfeiture of its rights and
privileges hereby granted.
Passed and approved this 7th day of August, 1934.
Published Aagust loth, 1934.
Attest: Geo.a•:< Leyda, City Clerk. Geo-4. Durbin. %layor. AAVaf"'
Approvedas t - Form, C.T.Eoscoe , Lctir_g City Attorney.
I hereby certify that the above and foregoirg is a true and
correct copy of Ordirarce ho.492 of the City of Edmonds, dash.
Geo -Y. Leyda, City Clerk.
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