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HomeMy WebLinkAboutO-0134 - Franchise for telephone company (Repealed)~----------------------------- 223" j. uRDINANCE No.134 • .l!".A,rorlER$MUTUAL INDEPENDENT TELEPHONE COl>lPANY: AN ORDINANCE granting to the .l"armers Mutual Independent 'J!elephone Company,its successors and assigns,the right and privilege to cqnstruct and maintain conduits for an underground telephqne and telegrap.Il"a.nd fire alarm system,to erect and maintain telephone andtelt'lgraph poles,and to run,suspend,maintain a.nd operate wi~es fop such system for a period of fifty \50)years,in,over, upol).,a.ndunder the streets,alleys and public highways of the town"ofMarysville. ,, L '~ BE IT ORDAINED BY T.tiE COUNCIL OF T.tiE 'f01[JN OF MARYSVILLE: SECTION 1.The right and privilege is hereby granted to the .ltarmers Mutual Independent J.'elephone Company,and assigns,suo j ect to aU the conditions,limitations,restrictions and provisions thereof herein contained,to erect,place,construct,maintain and use underground .conduf ts with a Ll,appliances necessary to operate the same,through which to stretch electric wires for the transmission and distribution of electricity,through,under, alon,gand across all the streets,alleys,avenues,parks and public grounds of the :foWn of Marysville,as they now .are or may hereafter eXist,except that the said uompany shall not have the right to set,poles in .!front t:itreet other than poles which the titreet'uoI!lIllittee of the vity uouncil may in'its discretion auth- orize said uompany to set at street and alley intersections for the distribution of its wires,and said company shall not string wires Eilong Front Street upon poles,but ,it may with the permission of the o.i ty Council place underground conduits along Front Street, in which it may place Wires and cables and from which it may dis- tril:Jutewires to users or telephones along J!'ront Street;also to set"erect,construct,maintain and use'poles with or without qrossarms,for the support of wires,in,over,and along the streets,a:venues,alleys parks and public places and grounds of the:J)ow;n of Marysville,with the above exception,and to attach wires to such poles and crossarms and stretch such wire,S from pole to pole over,upon or along such streets,avenues,alleys, parks and public grounds,and maintain and use such conduits, poles arid wires for the'transmission of'electric current for tel- ephont'l"telegraph and fire alarm purposes. SECTION 2.That wherever it shall be necessary in the con- s"l;ruotiqn of such condUits,manholes,or the erection of such poles to ta:\(:e,up any portion of the sidewa.lks,street planking or pavement or to lUg up the ground at or near the sides,corners or street crossings or such streets,avenues,alleys,parks or public grounds, the sai(1 grantee,its successors or assigns,shall after such con- dUi"l;s,,;:Dl(inholes or poles are constructed and erected,replace wi th- out ,delay such sidewalk,street planking or pavement,and properly rei'ittlle stringers,planking or pavement thereon in a careful and workDJan~~~e manner,and remove from'such streets,avenues,alleys, sidewalks,parks and public grounds all rubbish,dirt and other material that may have been placed there,taken up or dug up in the placing or construction of such conduits and manholes,or in the erec"l;ion of such poles and shall restore the sidewalks,st- reets,<a~leys"parks or public ground to as good condi tion as it waspefore it was naken up,dug up or disturbed..!I'ailing to so do the Street Committee of the Town of Marysville shall have the right to fix a reasonable time within which such repairs and re- storation of said highWay shall be completed,and if aot so com- pleted within the time so designated,the said repairs shall be !22f- made by and under the direction of the said street commit~ee and charged to,and collected ibf the said grantee,its success- ors and assigns.Jrurther,any and all damage or injury that' may be occassioned to the property abutting on any street, avenue,alley,or·other public ground in said town,by the construction,laying or erect,ion of such conduits and manhole's, and poles shall be compensated for to the said abutting owner by the said grantee,its successors or assigns. SECTION 3.That whenever any person or persons shall have obtained permission from the public authoritiiles of said town to use any of the streets,avenues,alleys or.other public places of the town for the purpose of removing any building or other structure,said grantee herein,his successors and 'assigns, upon twenty-four hours'written notice from such personal' persons,shall raise or remove any such overhead wires which may obstruct the free passage of such building or other struc"'",; ture in its removal,so as to allow the free passage thereof j'' such notice shall be in writing and shall be served inth,e, same manner as provided by law for the service of a summonaun a ,eivil action in the Superior Courts of ,this ~tate and shall specify the route of ,said proposed removal,and incase said grantee,his successors or assigns,shall refuse Or neglect to remove said wires or raise the same,within forty~eight hours after such notice is served as aforesaid,the Town Council shall have such wires so raised or removed at the expense Of the said grantee,its successors or assigns. SECTION 4.It is hereby provided that no poles shall be erected within said city limits less than thirty-five (35) feet in length. SECTION 5.The grantee herein for itself,its successors' and assigns,covenants that during the cOntinuance of this franchise the renters of its telephones in the Town of Marys ... ville shall not be required to pay more than twentY'-five (25~l for a conversation lasting not more than two (2)minutes with five cents (5¢)for each additional minute orf'raction therof, with any telephone connected with any of the exchanges owned or controlled by the grantee,its successors or assigns,in Whatcom,Skagit,Snohomish or King countieis in the state of Washington,including also all the telephones'of the lndepend'" entTelephone Company of the City of Seattle in said King County,l'ior'sha:j.l the renters of its telephone in the'i'own of Marysville;"during the continuance of this franchise,.be required to pay a long distance toll to talk from their tel- ephones in.the said 'i'own of Marysville overthe wires 'of ,grantee, its successors or assigns,to rural telephone SUbscribers,whose lines center on the switchboard of the gra.ntee in thesfiid Town of Marysville and who can call the operator at said, switchboard Without the intervention of another SWitchboard, and tha.t this provision shall apply to all rural telephone lines connected directly without the intervention of anatheI' switchboard with the said switchboard of the grantee in the said Town of Marysville whether such rural lines are owned by the grantee or by other corporations or individuals doing bus- iness with the grantee under contract for the exchange of business. SECTION 6.That by accepting the right,privileges and franchises herein granted,the said grantees,its auccessors or assigns,for itself and them,covenants with the 'i'oVinof MFY@;~ille to indemnify the said l'own against all and any damage or injury arising from any casuality or accident to ,-~~--~~~--',~~~ ORDINANCE No.134.(Cont'd). person or property caused by negligence or omission to keep such conduits,manholes,poles and wires in a reasonably safe condi- tion,and further convenants to pay all legal and valid claims against said Town of Marysville for damage caused by any omission or negligence to keep such conduits,madbles,poles and wires in a reasonably safe condition.A -/' 225 SECTION 7.In consideration of the right herein granted,the said Town of Marysville,by its properly authorized officers,shall have the right to suspend upon the poles placed by the said company or its assigns in the streets aforesaid,any or all of the wires which it may require for fire alarm or police telegraph service, and said grantee shall furnish to said town in its town hall one (1)free telephone free of charge. SECTION 8.That unless the said grantee,its successors and assigns,shall,witnin thirty (30)days after the passage of this .or d Inance ,file with'the 'fown Clerk of the ',town of Marysville,its acceptance of the franchise herein and hereby granted and pay the cost of the publication hereof,and unless said grantee,its suc- cessors or assigns,shall on or before the 31st day of July,1906, have its telephone system in the TOwn of N~rysville in operation, then this ordinance shall become void. SECTION 9.The rights,priVileges and franchises herein granted shall continue and be in force for the period of 50 years fram and after February 13,1904. SECTION 10.This ordinance shall take effect from and after its passage and publication. PASSED,July 16,1906. Approved,July 16,1906. p v"", Steve Saunders Mayor ATTEST: ,C.E.Olney Town Clerk Pro tem, Date of Publication,July 20,1906.