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HomeMy WebLinkAbout1954-B-1577 630 ORDINANCE NO. B -1577 AN ORDINANCE granting to.the PACIFIC TELEPHONE AND TELEGRAPH COMPANY, a corporation, its successors and assigns, the non - exclusive right to do a general telephone and telegraph business within the City of Yakima, State of Washington, and the right to place; erect, lay, maintain and operate in, under and upon the streets, alleys, avenues, thoroughfares and public highways in said City of Yakima, poles, wires, cables and other appliances and conductors for telephone, tel.egraph,and other communication purposes. 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 The Pacific Telephone and Telegraph Company, a corporation, and its successors and assigns, hereinafter collectively referred to as "the grantee", 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 streets,'alleys, avenues, thoroughfares and public highways within the City, poles, wires, .cables and other appliances, and conductors for telephone, telegraph and other communication purposes. Such wires, cables and other appliances and conductors may be strung on poles and other fixtures above ground, or at the option.of the grantee may be laid underground in pipes or conduits or otherwise protected, and such other apparatus may be used as may be . necessary or proper to operate and.maintain the same, provided that all wires in so far as practicable shall be placed in alleys. Section 2. It shall be.lawful for the grantee to make all needful excava- tions in any of the streets, alleys, avenues, thoroughfares and public highways in the City for the purpose of placing, erecting, laying, and maintaining poles, or other supports or conductors for said wires or repairing, removing or replacing the same. Said work shall be done in compliance with the reasonable rules, regulations, ordinances or orders, which may, during the continuance of this franchise, be adopted from time to time by the City. Section 3. Whenever the grantee shall disturb any of the streets, alleys, Avenues, thoroughfares and public highways for the purposes aforesaid, it shall restore the same to good order and condition as soon as practicable without unnecessary delay, and, failing to do so, the City shall have the right to fix a reasonable time within such repairs and restoration of streets, alleys, avenues, thoroughfares and public high- ways shall be completed, and, upon the .grantee's failure to make such repairs within such time, the City may cause such repairs to. be. made at the expense of the grantee. Section 4. The grantee shall at all times indemnify the U ity for, and shall at all times keep and safe harmless the City, from any and all claims; liability, judg- ment, costs, damages and expenses arising by reason of any act, excavation, obstruction, erection, construction, maintenance or operation of any or all of the things herein men- tioned except as otherwise herein provided for. Section 5. Northing in this ordinance shall be construed in any way to pre- vent the proper authorities of the City from sewering, grading, planking, rocking, paving, repairing, altering, or improving any of the streets, alleys, avenues, thoroughfares and public highways or places within said city in or upon which poles, wires, or other condu- - ctors of the grantee shall be placed, but all such work shall be done with as little disturbance and injury as is possible to the poles, wires, and other apparatus and conduc- tors of the grantee.. The grantee will, without charge and upon request of the proper authorities of the City, change the position of any poles, wires and other apparatus and conductors herein permitted to be erected, constructed and maintained by the grantee, when necessary. during the grading, paving, planking, altering or .repairing of any of such streets, alleys or public highways or the construction or excavation for sewering or waterpipes along, over, under or across any of such streets, alleys, or public highways. The grantee shall file, for approval of the Commissioner of Public Works of the City, or other official designated by the City Commission, before performing any work under the authority of this franchise, plans of all conduits, manholes, distributing poles and other construction proposed along the streets and alleys within the City in such reasonable form and detail as said Commissioner of Public Works, or said other des- ignated city official may require. Section 6. In consideration of the rights and privileges hereby granted, the City shall have and the grantee hereby grants to it during the life of this franchise the right and privilege to place, where aerial construction exists, a fixture on the tops of poles erected and maintained under this franchise to which may be attached wires not exceeding four, except that in an area bounded as follows, "A" Street on the north, Chestnut Street on the south, 6th Avenue on the West and Naches Avenue on the east, there may, in lieu of said four wires, be attached a cable having to to exceed twenty wires therein on the poles of the grantee herein, in said area, and which said cable is to. be owned and used solely by the City in the conduct of its police and fire alarm service, and where underground conduits exist the grantee shall furnish the City with one duct in its underground system or two pairs of wires in its undergournd cable free of charge to the City to be used for low tension police and fire alarm purposes, it being understood that it shall be optional with the grantee as to whether two pairs of wires shall be given or a duct in the undergound system: Provided, however, that the City in its use and maintenance of such fixtures, wires or ducts comply with the reasonable plans and rules of the grantee, so that there may be a minimum danger of contact between its fix - tures,"wires or ducts, and the fixtures, wires, cables or ducts of the grantee, its successors or assigns, nor shall the wires of the City be unduly exposed to foreigh electrical currents in excess of five thousand volts, and provided, further, that in case of rearrangement of said plant, the City will at its own expense care for its fixtures, wires and construction, and that it will at all times save the grantee harmless from accident caused by such fixtures, wires and construction. Section 7. Where tree trimming is necessary in public streets or places for the proper operation of the lines and conductors of the grantee, such trimming shall be done by competent employees of teh grantee upon application for and the granting of a permit by the Commissioner of Public Works of the City or such other official as the City Commission may designate. Section 8. Whenever it becomes necessary temporarily to rearrange, remove, lower, or raise the aerial cables or wires or other apparatus of the grantee to permit • . 631 ORDINANCE NO. B - 1577 • • the passage of any building, machinery or other object, the grantee will perform such re- arrangement on five (5) - days' written notice to its Manager at Yakima from the person or persons desiring to move said building, machinery or other objects. Said notice shall bear the approval of the Commissioner of Public Works, or such other official as the City Commission may designate, shall detail the route of movement of the building, machin- ery or other objects, shall provide that the. costs incurred by the grantee in making such rearrangement of its aerial. plant will be borne by the person or persons giving said notice and.shall further provide that the person or persons giving said notice will in- demnify and safe the grantee harmless of and from any and all damages ar claims of what- . soever kind or nature caused directly or indirectly from such temporary rearrangement of the grantee's aerial plant. Section 9. In consideration of the right and privilege hereby granted, the grantee agrees to pay to the City, during the life of this franchise, on the first day of March of each year, two per cent of the grantee's total gross subscrib- ers' station exchange revenues from business and residence telephone service (excluding message units) in the City for the previous calendar year. In calculating the payment due in 1955 the said gross revenues for the period April 23, 1954, to December 31, 1954, both inclusive, shall be used as the base. Section 10. This franchise is not exclusive, and the City may acquire the public utility for the exercise of which this franchise is granted, either by agreement or by condemnation, and upon such purchase by the city, either by agreement or condemnation, no value of this franchise itself shall be taken into account in fixing the price to be paid by the city for such utility. This franchise shall not be leased, assigned or otherwise_ alienated without the express consent of the City Commission 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 attempted transfer in violation of this provision. • section 11. The rights, privileges and franchise hereby granted shall continue and be in force for the period of twenty -five (25) years from and after the date when this ordinance shall become effective. Section 12. This ordinance shall take effect and shall be in force and operative upon and from the date when it shall be approved by a majority of the City voting thereon at a general or special election, following its passage by the City Commission and its publication as required by law and the City Charter. Within thirty (30) days from the date of said ar, roval by the electors the grantee shall file with the City Clerk its written acceptance of said franchise. PASSED BY THE CITY COMMISSION, signed and approved this 26th day of. July, 1954. • ATTEST: PEARL BENJAMIN • (S E A L) G. W. BURNS City Clerk Mayor I hereby certify that the foregoing is a full, true and correct copy of Ordinance No. B -1577 entitled "AN ORDINANCE granting to THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY a corporation, its successors and assigns, the non - exclusive right to do a general telephone and telegraph business within the City of Yakima, State of Washington, and the right to place, erect, lay, maintain and operate in, under and upon the streets, alleys, avenues, thoroughfares and public highways in said City of Yakima, poles, wires, cables and other appliances and conductors for telephone, telegraph and other communication purposes. " as passed this 26th day of July, 1954 and that same has been published as required by law. • 421 C,I T C L E R K • • • • • •