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HomeMy WebLinkAboutO-0096 - Franchise for electric power (Special),-----.......-_.•~~.~'.--.--~~~"'-...•.--, 227 ORDINANCE ·,No -.96. ( I \,.-. "f',") '~ , "-... EVERETT RAILWAY &ELECTRIC COMPANY: AN ORDINANCE granting to the ~verett Railway and Electric Company, a corporation,its successor and assigns,the right to erect poles a!ldstretch wires thereon for elec,trical purposes,and to carryon the business of furnishing and selling electric light,heat and power within the town of Marysville, BE IT 'ORDAINED BY THE COUNCIL OF THE TO;v.N OF MARYSVILLE: SECTION 1.That there be and hereby is granted to the ~Yerett Rawilway and Electric companv ,its successors and assigns,for the periOd of fifty years from the date of -,the passage of this ordin- ance;the.right,privilege,authority and franchise,SUbject to all the conditions,limitations,restrictions and provisions thereof herein contained,to erect,place,construct,maintain and use underground conduits with all the applicances necessary to operate the saine,through which to stretch electric wires for the transmission and distribution of electricity,through,under, along and across all'the streets,alleys,avenues,parks and public grounds of the town of Marysville,as they now are or may hereafter exist,also to set,erect,construct,maintain and use poles with or wi thou t cross-arms for the support of wires in,over and along the streets,avenues,alleys,parks and public places and grounds of the ~own of Marysville,and to attach wires to such poles and ¢ross-arms and stretch such wires from poles to pole over,upon or along such streets,avenues,alleys,parks and public grounds,and maintain and use such conduits,poles and wires for the tra.nsmission and.distribution of electric current for electric power,heat'and light,and for any other purpose for 'which electri- city may be used,and.to furnish electric power,heat and light within the town of Marysville for municipal,commercial,domestic and manufacturling uses,and for any other use or uses to which electricity may be put,and to fiX,charge and collect reasonable tolls,ra te.¢and compensation for such power,heat,light and use. SECTION 2.That wherever it shall be necessary in the construc- t Lon of such conduits,mahholes,or the erection of such poles to take up any portion of the side walks,street planking or pavement, or to dig up the ground at or near the sides,:dorners or street crossings or such streets,avenues,alleys,parks or public grounds the aa id grantee,its successors or assigns,shall after such con- 'dui ts,.maD:holes or poles are constructed and erected,replace without delay such sidewalk,street planking or pavement,and properly refit the.stringers,planking or pavement there on in a careful and worlananl.ike manner,and r-emove.it'r-cm such streets, avenues,alleys,sidewalks,parks and public ground%to as good condition as it was before it was taken up,dug up or disturbed. B'ailing to so do the'l'own Council shall have the right to fix by resolution a reasonable time within which such.repairs and restor- ation of said highway shall be completed,and if not so completed within the t~me so designated the said repairs shall be made by and under the direction ofthe TOwn Council and charged to and co Llec t.ed of the said grantee,its successors and assigns. FurthEilrany and all damage or injury that may be occasioned to the PTo;p,ett.y abutting on any street,avenue,alley or other public ground in said town,by the construction,laying or erection of such conduits and manholes and poles shall be compensated for to .the.said abut trng owner by the said grantee,its successors or assigns. SECTION 3.That the grantee,its successors or assigns shall have the right andprivilege at its or their option,at any time *Insert following above:all rUbbish,dirt and other material that may have been placed there,taken up or dug up in the placing or con- struction of such conduits and manholes or in.the erection of such poles,a.nd shall restOre the sidwwalks,street,alley;park or public ground .~ ,228 during the ,life of this franchise to change the system of distri- bution of electric current,on,any of the streets,avenues,parks or other public places of the said Town,from an oVerhead or pole system to that of a partial or all underground or conduit system, subject to the conditions and restrictions herein specified. SECTION 4.'l'hat whenever any person or persons shall have ob- ,tained permission from the public authori ties of said town to .use any of the streets,avenues,alleys or other public places of the l'own for the purpose of removing any building.or other strllcture, said grantee herein,its successors and assigns,upon twenty,..,. r our chour-e written noti cerrom such person or persons,shall raise or remove any such overhead wires which may obstruct the free passage of such building or other structure in its removal,soas to allow.the free passage t ner-e or ;such notice>shall be in writ- ing and shall be served in the same manner as provided by -Law for the service of a summons in a civil'action in,the >:>uller iorCour'ts of this State and shall specify the route of said proposed remov,t3.1 and in case said grantee,its successors or assigns',shall refuse or neglect to remove said wires or raise the sillne,within forty- eight hours after such notice is.served as aforesaid,the Town Council shall'have such wires so raised or removed at thee:x:pense of'the said grantee,,i ts sucessors or ess Igns ; SECTION 5.That by accepting the right,privileges and franchises herein granted,the said grantee,its successors or assigns,for itself.and them,covenants with the i'ovm of Marysville to Lndem- nify the said town against all and any damage or injury arising from any casualty or accident to persons or'propertycausBdby . negligence or omiss ion toke<3p such conduits,manholes,poles and wires in a reasonably safe condition,and further qovenants to pay all legal and valid claims against said Town of Marysville for damages caused by any omission or negligence to keep such,conduits,man- hOlIes,poles and wires in a reasonably safe condition.' SECTION 6",That·the grant$e,its successors and assLgns ,in accept- ing the benefits of this ordinance covenants to,and wi tho t ne .Town of Marysville that it or they agFee to furnishfree to the 'rown of Marysville for the purpose of lighting the Town Hall thereof during the time that it or they may furnish light in said '.t'own of Marysville under the privileges hereby granted,sufficient electric lights not exceeding twelve 'incandescent sixteen candle power Lamp sv ,SECTION 7.That phe town of-Marysville shall at all times have the ;right to make use of any and all poles of said'grantee,itssuc,cessors and aae i.gns ,for the stretching of wires owned or controlled by the said 'l'own for fire alarm,t e Legnaph or police signal call service, or other'mun ic fpa L service.or purpose,and of attaching'its 'f:j.re alarm and police signal call boxes to said poles,without making any compensation for such use,but such use shall be in such manner as not to interfere with the full and free use of said grantee,its sUCessors and assigns,of said poles. SECTION 8.That unless the said grantee,its successors PI'assigns shall wi thin fiftee.n days after the passage of this ordinance JiTe wi th the Town Clerk Of the 'l'own of Marysville,its ace eptance of the franchise herein and herebY granted,and unless grantee,itssucessors or assigns shall on or before the 15th day of october,1903,have conveyed'and transmitted to said Town of Marysville,electricity for 1igb ting and power purposes and have the same ready for d.istri- bution in and throughout sa id town of Marysville,then this ordinance shall became void. SECTION 9.This ordinance shall take effedt and be in force oJ;l and after its passage,approval and publication. j' PASSED,iIlugust 3, Approved " " AT'l'ESTI -Richard ,.-..'. 'T (.;', 1903... Bushell.,Jr. C.E.Munn Mayor } ,"iV'