Ordinance 1780ORDINANCE NO. 1780
AN ORDINANCE OF THE CITY OF EDMONDS, TASHINGTON,
EXTENDING A FRANCHISE TO THE SUCCESSOR TO EDMONDS
INDEPENDANT TELEPHONE COMPANY FOR THE RIGHT, PRIVILEGE
AND AUTHORITY TO CONDUCT A GENERAL TELEPHONE AND
TELEGRAPH BUSINESS WITHIN THE CITY OF EDMONDS,
WASHINGTON AND AMENDING ORDINANCE NO. 492 OF SAID
CITY.
WHEREAS, a franchise for a period of twenty-five years was
granted to the Edmonds Independant Telephone Company, its suc-
cessors and assigns for the right, privilege and authority to
do a general telephone and telegraph business within the City
of Edmonds by virtue of Ordinance No. 492 of said City passed
on August 7, 1934, and
and
WHEREAS, said franchise was for a twenty-five year term,
WHEREAS, the present successor in business to Edmonds
Independant Telephone Company, is the General Telephone Company
of the Northwest, Inc., and
WHEREAS, said General Telephone Company of the Northwest,
Inc., has been operating in effect on a continuing basis under
said franchise within said City, and
WHEREAS, it is hereby stated to be the policy of the City
of Edmonds that overhead electrical and communication facilities
located in or upon public rights of way be removed by underground-
ing the same, and
WHEREAS, it is in the public interest and the general health,
safety and welfare that the rights, duties and obligations of the
grantee be more fully and explicitly delineated, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 1 of Ordinance No. 492 is hereby amended
to read as follows:
That there be, and there is hereby granted, upon the
conditions set forth hereinafter to the successor in
interest to the Edmonds Independant Telephone Company,
the General Telephone Company of the Northwest, Inc.,
for the period of twenty years from and after the
effective date of this ordinance, the right to main-
tain and operate a general telephone and telegraph
system and facilities therewith in the City of Edmonds
and the right to maintain existing facilities and place,
erect, lay, maintain and replace the existing facilities
by undergrounding the same along and under all of the
streets, alleys, and other public highways of said City.
Section 2. Section 2 of Ordinance No. 492 is hereby
amended to read as follows:
Before said grantee, its successors or assigns, shall
begin the construction of said conduit along underneath
the said streets and alleys, it or they shall file with
the City Engineer of Edmonds, detailed plans and profiles
of said conduits as intended to be laid down along,
underneath said streets and alleys, the distance from
the curb that the conduits and the depth from the of-
ficial grade or surface of said street or alley. Grantee
shall comply with all applicable ordinances and standards
of the City and obtain all necessary permits before
commencing construction.
Section 3. Section 3 of Ordinance No. 492 is hereby
amended to read as follows:
The construction of said conduits shall not be begun
until the City Engineer shall approve said plans so
filed with the City Engineer as provided in Section 2
of this Ordinance.
Section 4. Section 4 of Ordinance No. 492 is hereby
amended to read as follows:
The said grantee, its successors and assigns, shall
at its or their own expense restore each and every
street and alley to as good a condition as it was
before said street or alley was disturbed for the
purpose of putting down said conduits; and in case
said grantee shall refuse or neglect to restore
said streets and alleys as herein specified, the
Public Works Director may cause the same to be
done at the cost and expense of said grantee, its
successors and assigns; grantee, during the construc-
tion of said conduits, shall save the City of Edmonds
harmless and free from any cost and expense because of
any damage of any nature alleged to have been caused
by reason of the construction and/or maintenance of
said conduits.
Section 5. Section 5 of Ordinance No. 492 is hereby
amended to read as follows:
The rights herein granted to said General Telephone
Company of the Northwest; Inc., its successors and
assigns, shall not be construed so as to deprive
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the City of Edmonds of any of its powers to regulate
the use and control of the streets and alleys within
said City, or to hinder or delay the City of Edmonds
from improving said streets or alleys as provided by
the laws of the State of Washington.
Section 6. Section 6 of Ordinance No. 492 is hereby
amended to read as follows:
All existing poles placed in any street or alley in
the City, shall, at the time of improvement of said
street or alley be removed and the grantee's facilities
shall be undergrounded at the cost and expense of the
grantee in an orderly manner in conjunction with the
improvement. Improvement as used herein shall include,
but not be limited to, all or any or any combination
of the following: the installation of curbs and/or
sidewalks on one or both sides of said street or alley
and/or resurfacing of said street or alley, installation
of decorative lighting and/or landscaping of said street.
The City shall give not less than 30 days notice in
writing to the grantee of the requirement of underground-
ing of such existing facilities. The City will use its
powers as granted by law to require abutting users to
make connection to the undergrounded facilities.
Section 7. Section 7 of Ordinance No. 492 is hereby
amended to read as follows:
That it is the policy of the City for both safety
and aesthetic reasons, and the proposed policy of
the grantee hereunder for economic and aesthetic
reasons to eventually accomplish total or near
total undergrounding of all the grantee's facilities.
In order to further this stated purpose existing
lines of poles which are in need of replacement
that are located other than on street or alleys
where undergrounding is required by this franchise,
shall, at the expiration of their economic life
and upon a determination of a need for replacement
by the grantee, be so maintained or replaced by
undergrounding the facility rather than mere
replacement of new pole facilities. That, in
addition, whenever other existing aboveground
electrical or communication facilities are under -
grounded on or along any right of way grantee shall
likewise underground its facilities along said
right of way and shall coordinate such undergrounding
with the other grantees or utilities involved.
Section 8. Section 8 of Ordinance No. 492 is hereby
amended to read as follows:
With respect to poles and other facilities that
are not otherwise required to be undergrounded
pursuant to the provisions of this franchise,
MM
the City of Edmonds reserves the right to order
the change of position of any such facility when-
ever in the judgement of the City Engineer such
change is necessary for the public health, safety
or general welfare. Such relocation shall be the
responsibility of and done at the cost of the grantee.
Section 9. Section 9 of Ordinance No. 492 is hereby
amended to read as follows:
In those instances where it shall become necessary
to take up sidewalks or dig up ground in the main-
tenance of any of grantee's lines the grantee or its
assigns after such maintenance is accomplished shall,
without delay, replace said walk and remove all
surplus dirt, earth, or other rubbish and replace
said street or alley in as good a condition as it
was before it was taken up subject to the approval
of the City Engineer and in accordance with then
applicable City standards.
Section 10. Section 10 of Ordinance No. 492 is hereby
amended to read as follows:
Wherever it becomes necessary to temporarily
rearrange, 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
grantee shall temporarily rearrange, remove, lower
or raise its wires, cables or other plant, as the
necessities of the case require.
Provided, however, that the person or persons
desiring to move any such building, machinery
or other objects, shall pay the entire actual
cost to the grantee of changing, altering,
removing or replacing its said wires, cables or
other plant so as to permit such passage, and
shall deposit in advance with said grantee
a sum equal to such cost as estimated by said
grantee and shall pay all damages and claims
of every kind whatsoever direct or consequential,
caused directly or indirectly by the changing,
altering, removing or replacing of said wires,
cables or other plant, exept as may be occasioned
through the negligence of grantee, so as to permit
such passage.
And provided, further, however, if any such
existing wires, cables, or other plant are
required to be moved by the grantee in order
for the City to move buildings, machinery or
other objects such temporary rearrangement,
removing, lowering or raising shall be done
by grantee at its own costs.
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The grantee, its successors or assigns shall be
given at least forty-eight (48) hours written
notice by the party desiring to move such build-
ing or other objects. Said notice shall detail
the streets and shall bear the approval of said
City, by such official as the said City shall
designate, and such moving shall be with as
much haste as possible and shall not be un-
necessarily delayed or cause the franchise
unnecessary expense or waste of time.
Section 11. Section 11 of Ordinance No. 492 is hereby
repealed.
Section 12. All extensions of existing facilities and
new construction shall be undergrounded by the grantee
without cost to the City.
Section 13. Grantee agrees to indemnify, defend and
hold the City harmless from any and all claims of what-
ever nature whether for bodily injury or property
damage or otherwise, arising out of grantee's construc-
tion, installation, maintenance and operation of its
facilities upon any of the public streets or alleys or
within any other portion of the City of Edmonds ir-
respective of any act or ommission on the part of the
City of Edmonds or its employees. Said covenant
to indemnify, defend and hold the City harmless from
any such claims for bodily injury or property damage
shall also include any claims alleging inverse con-
demnation arising out of the installation, maintenance,
operation, construction or existence of grantee's
facilities on the streets and alleys or other public
or private property within the City of Edmonds.
Section 14. If any section, subsection, clause,
phrase or word of this chapter is for any reason held
to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this
chapter, it being hereby expressly declared that this
chapter, and each section, subsection, clause, phrase
and word hereof would have been prepared, proposed,
adopted, approved and ratified irrespective of the
fact that any one or more of said sections, subsections,
sentences, clauses, phrases or word or words thereof
by declared invalid or unconstitutional.
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ATTEST:
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CITY CLERK, IRENEVVARNEY MORAN
Filed with the City Clerk: 7/10/75 (as modif7 �d)
Passed by the City Council • 7/22/75
Published: 7/30/75