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Home My WebLink About1989-3199 AT&T RIGHT TO DO GENERAL TELEPHONE & TELEGRAPH BUSINESS ° ORDINANCE NO. ;3199 AN ORDINANCE granting to The American Telephone and Telegraph 1110 Company, a New York corporation, its subsidiaries, affiliates, successors and assigns, the non-exclusive right to engage In general telephone and telegraph business within the City of Yakima, State of Washington, and the right to place, erect, lay, maintain and operatelin, under and _ upon the _public; , streets, alleys, thoroughfares, highways and bridges :in the City of Yakima underground wires, cables. and other appliances and conductors for telecommunications purposes. ° WHEREAS, the City of Yakima, pursuant to RCW 80.36.040, deems it in the public interest to grant'permission to the American Telephone and Telegraph Company to use City, right-of- way for the purposes set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. That there is hereby granted by the City of Yakima, hereinafter referred to as "the City", to American Telephone and Telegraph Company a York corporation, and its subsidiaries, affiliates, successors, and assigns, hereinafter collectively referred to as "the permittee", the right and privilege to do a general telephone and telegraph business within the City and to place, erect, lay, maintain, and operate in and under the public streets, alleys, thoroughfares, bridges, and highways within the City, underground wires, cables and other appliances, and conductors for telecommunications purposes (hereinafter referred to as "facilities"). Such facilities shall be laid underground in pipes or conduits or otherwise, but in any event shall be installed in accordance with Section 14.35.060 D of the City of Yakima Municipal Code, and with other or subsequent]y enacted regulations regarding underground facilities, and such 4111 other apparatus may be used as may be necessary or proper to operate and maintain the same. Section 2. It shall he lawful for the permatee to make all needful excavations or attachments in any of the public streets, alleys, thoroughfares, bridges and highways in the City for the purpose of placing, laying and maintaining such facilities or repairing, removing or replacing the same. Said work shall be done in compliant, with the reasonable rules, regulations, ordinances or orders, which, during the continuance of this Ordinance, may he adopted from time to time by the City. Whenever the permittee shall disturb an public street, alley, bridge, thoroughfare or highway for the purposes aforesaid, it shall repair and restore the same o 1 11 1 - 1 - (ord t&t) good order and condition as soon as practicable without unnec- essary delay, and, failing to do so, the City shall have the right to fix a reasonable time within which such repairs and restoration shall be completed, and, upon the permittee's 1111 failure to accomplish such repairs and restoration within such time, the City may make or cause such repairs and restoration to be made at the expense of the permittee. Section 4. The permittee shall defend the City, its agents, employees and officers from, and indemnify and hold the City, its agents, employees and officers harmless against, any and all claims, liabilities, judgments, costs, damages, and expenses arising by reason of any act or omission of permittee or by any excavation, obstruction, erection, con- struction, maintenance or operation by permittee of any or all of the things mentioned in this Ordinance. Section 5. Nothing in this Ordinance shall be construed in any way to prevent the proper authorities of the City from sewering, grading, rocking, paving, repairing, altering, or 4111 improving any of the public streets, sidewalks, alleys, bridges, thoroughfares, and highways or places within said City in ur upon which such facilities of the permittee shall be placed, but all such work shall be done with as little disturbance and injury as is possible to the facilities of the permittee. The permittee shall, without charge and upon request of the proper authorities of the City, change the position of the facilities herein permitted to be erected, constructed and maintained by the permittee, when necessary during the grading, paving, altering, or repairing of any such public streets, sidewalks, alleys, bridges, thoroughfares, or highways or the construction or excavation for City-owned structures, streets, sidewalks, drains, appurtenances, sewering, or waterpipes along, over, under, or across any of 4 11 1 such public streets, alleys, bridges, thoroughfaies, or high- ways. The permittee shall file, for approval of the City Manag- er of the City, or other official designated by the City Manager, before performing any work under the authority of this Ordinance, plans of alt conduits, manholes, and other construction proposed along the streets and alleys within the City in such reasonable form and detail as the City manager or other designated City official may require. Section 6. Where tree trimming is necessary in public streets or places for the proper operation of the lines and conductors of the permittee, such trimming shall be done by 1111 - 2 - (ord at&t) competent employees or a qualified contractor of the grantee upon notification to the City Director of Parks and Recreation or such other official as the City Manager may designate. 1110 Section 7. Permittee shall reimburse the City, upon submittal by the City of an itemized , billing by project of costs, for permittee's proportionate share of all actual, identifiable expenses actually incurred by the City in plan- ning, designing, inspecting, constructing, installing, re- pairing, or altering any City facility as the result of the presence in the right-of-way of perrnittee's facilities as authorized by this Ordinance and in monitoring this Ordinance. All billing will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. Section 8. This permit is not exclusive, and the City may acquire the public utility for the exercise to which this permit is granted, either by agreement or by condemnation, and 4111 upon such purchase by the City, either by agreement or condem- nation, no value of this permit itself shall be taken into account in fixing the price to be paid by the City for such utility. The permit created by this Ordinance shall not he leased, assigned, or otherwise alienated without the express consent of the City Council by ordinance passed for that purpose, and no rule of estoppel shall be invoked against the City in case it shall assert the invalidity of any attempting transfer in violation of this provision. Section 9. In consideration of the .right and privilege hereby granted the perrnitee agrees to pay to the City, during the life of this permit, those taxes unposed on telephone business under Chapter 5.50 of the City of Yakima Municipal Code as now in effect and .s hereafter may be amended. 1110 Permitee agrees also to comply with the reporting provisions of said Chapter as now in effect and as hereafter may be amended. Section 10. The rights and privileges hereby granted shall continue and be in fore for the period of twenty-five years from and after the date when this Ordinanre shall he(_ome effective. The permit created by this ordinance shall not be renewed or extended earlier than three (3) years prtoi to its expiration. Section 11. This Ordinance shall take effect and shall be in force and operative thirty (30) days after its passa9e, approval and publication by the City Council. This Ordinance shall be invalid unless within thirty (30) days from the date - 3 - (ord/at&t) of said approval the permittee shall file with the City Clerk its written acceptance of this Ordinance which is attached hereto and made part of this Ordinance. 4111 Section 12. In the event of any litigation between the parties arising out of this Ordinance, venue shall be in the Superior Court of the State of Washington for Yakima County or any federal court in the Eastern District of Washington. -PASSED BY THE CITY COUNCIL, signed and approved this a _ day of c l ) ,.6.s - , 1989. Mayor ATTEST: City Clerk 4110 Publication Date: SEP 1 5 1990 OCT 1 5 1989 Effective Date ACCEPTANCE The terms and conditions of this Ordinance are accepted this day of , 1989 by the permit- tee, American Telephone and Telegraph Company, a New York corporation. By Its: STATE OF .ss. County of On the day of 1989, before me 4110 appeared , known to me to be the of the American Telephone and Telegraph Company, a New York corporation, who executed the foregoing acceptance as his/her free and voluntary act for the uses and purposes contained in this Ordinance. NOTARY PUBLIC in and for the State of , residing at My commission expires 4111 - 4 - (ord/at&t)