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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- . ....1� V -d 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, It4rC*_� 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. �'� 4 6 u 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, I 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 -3- 4 i 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 -4- and property. xxxx����x-�r-r����.x�����-$ta�x�r�x���x-�sr�:�x..�]4"..�i�•'�7���%.�;$$�F. ��V�i S �rx'Axr�}r$Y,�i�li(la� xxl��F.C']ffi',YT✓.<` ii �u�Y� .:.c<..`s�'�..; J;1�Y�usi4:iX�.la.Y`rX 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 A 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 I 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. a 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- 0 #" 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.. • *?i