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HomeMy WebLinkAboutO-0426 - Franchise for telephone company (Special)~ v,.' .....,-_._.-:;.,. l)NtVI ORDINANCE NO.ifz,.~ , AN ORDINANCE GRANTING TO THE WEST COAST TELEPHONE COMPANY,ITS SUCCESSORS AND ASSIGl\lS,THE RIGHT TO PLACE ERECT,AND MAINTAIN POLES,WIRES,<~iOTHER APPLIANCES AND CONDUCTORS,AND TO LAY UNDERGR9U!'*D WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELEPHONE PURPOSES,IN AND UPON THE STREETS,l\LLEYS,AVENUES,AND THOROUGHFARES AND PUBLIC HIGHWAYS,IN THE TOWN OF MARYSVILLE , WASHINGTON AND EXERCISE THE PRIVILEGE OF OPERATING TELEPHONE INSTRUMENTS IN,AND DOING A TELEPHONE BUSINESS WITHIN THE SAID TOWN OF MARYSVILLE ,WASHINGTON. BE IT ORDAINED BY THE TOWN COUNCIL OF MARYSVILLE WASHINGTON AS FOLLOWS:• SECTION 1.That there be,and hereby is granted upon the consideration and conditions in this ordinance contained,to the West Coast Telephone Company,a corporation,organized and existing under the laws of the State of Washington,its successors and assigns,for the period of ten (10)years from and after the effective date of this ordinance,the right,privilege and authority to construct,install, replace,extend,maintain and operate a general telephone system and facilities·therefore,within the Town of Marysville , and place,erect,lay,maintain,and replace in,upon,along and under all of the streets,alleys and other public highways of said town,poles, conduits,wires,cables and other facilities and appurtenances for the conduct and operation of a general telephone business and the transmission of electricity therefor. The Grantee does hereby agree that after the effective date hereof all new poles or extensions,except replacement of damaged or deteriorated poles,shall be erected in the public alleys of the Town of Marysville ; and provided further,that when required by public convenience or necessity and in the absence of alleys which may be SUitably used for such purposes or with the consent of the Town Council such poles may be erected upon public streets or highways. Provided still further,however,that if at any time hereafter the Town of Marysville shall pave any street,alley or highway,or portion thereof,or otherwise improve the same,the Town shall in such event give the Grantee ninety (90)days'notice of intention to make such improvement,and shall further give the Grantee thirty (30) days'notice of the date the improvements shall be made. The Grantee shall,within ninety (90)days of notice of intention and within thirty (30)days of date improvement shall be made,whichever date is the later, either remove and relocate any poles of the Grantee so as to conform with the new grade and not obstruct the proposed improvement,or the Grantee, may,at its option,lay down innadvance of such change of grade or improvement and in such a way as not to delay or interfere with the same,underground pipes or conduit in such street,alley,or public highway,or portion thereof, to be so improved,all at the expense of Grantee. SECTION 2.In consideration of the rights and privileges hereby granted,the Town shall have and the said Grantee hereby grants to it the right and privilege to suspend and maintain on poles placed by said Grantee, its successors and assigns,in the streets and other places of said TOwn,' any and all wires which said Town may require exclusively for its own use for fire alarm and police telegraph purposes,or,if said wires are placed underground,the joint use of one ,duct in each conduit run of the underground system of ~he Grantee free of charge to said Town,and all wires shall be used in such a manner and shall be placed upon the poles or in the conduits so as not to interfere with telephone servtce and shall not carry currents of voltage dangerous to telephone plant or telephone users and all installations, maintenance and repairs shall be subject to the rules,regulations and super- vision of the Grantee.The Town also agrees,in consideration of the establish- ,,4',~;' ,,<' - 2 - ment of this service and the furnishing of these facilities,to hold the Grantee entirely free and harmless from all liability from any claim or damages to said Town which may arise out of the operation,use or maintenance of these special services:PROVIDED,Further,however,that where such facilities have been installed or maintained by the Town and not solely by the Grantee,then the Town agrees to hold the Grantee entirely free and harmless from any and all liability from any claim or damages to said Town or unto third·persons which may arise out of the negligent installation, maintenance,use or operation by the Town of these special services. SECTION 3.The said Grantee,its successors and assigns,may make all necessary excavations in any of said streets,alleys,or public highways fot the purpose of erecting and maintaining poles and other supports for its wires and ¢onductors and for repairing the same,and for the purpose of laying and repairing and maintaining underground pipes and conduits and for placing,repairing,maintaining and operating its wires and other con- ductors therein as authorized under this franchise.All poles erected pursuant to the terms of this ordinance shall be erected in a good and substantial manner and placed immediately behind the curb or along the edge of the alley,unless otherwise directed by the street Committee and/or the Town Council.The location and construction of all underground pipes or conduits or lines in any street,alley or pUblic highway shall be such as the street Committee and/or the Town Council shall approve subject to the terms of this Ordinance.Whenever any excavations shall be made pursuant to the authority herein granted,the Grantee,its successors or assigns,shall, as soon as possible,restore the portion of the street,alley or public highway excavated to the same good order and condition in which it was prior to such excavating or working,and all said work shall be done in compliance with the necessary rules,regulations and ordinances of said Town of MArvsville SECTION 4.That the Grantee,by its acceptance of this ordinance and the franchise rights,privileges and authority hereby granted,for itself, its successors or assigns,covenants and agrees to and with the Town at all times to protect and save harmless the said Town from all claims,action, suits,liability,loss,cost,expenses or damages of every kind and descrip- tion which may accrue to or be suffered by any person or persons by reasons of the erection,construction,reconstruction,relocation,replacement,re- adjustment,maintenance,operation,repair or use of the poles,conduits, wires,cables,and other facilities,applicances and conductors owned or operated by said Grantee,its successors or assigns,and without the neglect or fault of the Town,and in the case any suit or action shall be instituted or begun against the Town for damages arising by reason thereof,further covenants and agrees upon notice to it,of commencement of said action or suit,to defend the same at the sole cost and expense of said Grantee,its successors or assigns,and if,after tender of defense to Grantee,judgment shall be rendered ag~irist said Town in such suit or action,to satisfy fully said judgment within~ety (90)days after such suit or action shall have finally been determined,if determined adversely to the Town. SECTION 5.That nothing in this ordinance shall be construed as in any way preventing the proper authorities of said Town from exercising full and free control and Use,or from granting the use to ~hers,of all streets,alleys and public thoroughfares of said Town for any and all lawful purposes,provided that such use shall be subject to all rights of Grantee as herein provided. SECTION 6.Whenever notice shall have been given to the Grantee to relocate any pole or poles,or to relocate or reconstruct any undergrOUnd conduit,or to change any such,or any part thereof so as to conform to any new grade or improvement,then,if the said Grantee shall not within a reason- able time,after receiVing such notice,make such required changes,such poles,pipes,or conduits may be relocated or changed by said Town at the expense of the Grantee,its successors or assigns. - 3 - SECTION 7.That from and after the date of the acceptance of this frimchise and until its expiration,said Grantee,its successors or assigns,shall pay annually to the TOWn of -~MaryC!!=;:!."l.··i.!:S:.!vil.:!:.·~l~.~e..,...,_==r=-_ two percent (2')1,)per annum of the gross annual local exchange service earnings of said Grantee,its successors and assigns,arising from the use,operation and possession of said franchise within the corporate limits of said Town as said corporate limits now exist or may hereafter be extended.payment of said two percent (2')1,)shall.be made on or before the 15th day of March of each and every year for the calendar year preceding provided,the first payment shall be based upon the said earnings for the fractional part of the calendar year following the date this franchise becomes effective.In the event an extended area service plan shOUld be placed in ope.ration affe.cting the Marysville exchange during the life of this franchise,such two percent (2%)tax shall not be paid on the extended area service charge portion of such exchange services rendered in connection with extended area service but shall apply on the portion of such extended area service charge equivalent to the local exchange rate which would apply for local exchange service only without the extended area service feature. SECTION 8.The Town shall have the right at all times to make an examination of the Grantee's books for the purposes of determining and calculating correctly the two percent (2')1,)of the gross annual local exchange service earnings of the Grantee,which is to be paid to the Town under this franchise,and the Grantee shall,within sixty (60)days after the first day of January of each year,deliver to the Town Clerk for submission to the Town Council an annual report verified by the President,a Vice-President,.the Treasurer or General Manager of the Grantee,showing the said gross annual local exchange service earnings in the Town of Marysville for the preceding calendar year. SECTION 9.The Grantee,its successors and assigns,shall not issue any capital stock on account of the franchise hereby granted,nor the value thereof,other than the actual and proper costs of acquisition, and should the Town institute condemnation proceedings for the purpose of acquiring the property and business of the Grantee,its successors and assigns,the Town shall not be required to give any compensation on account of such franchise or its value. SECTION 10.Whenever,it becomes necessary to temporarily rearrange,remove,lower or raise 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 the 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 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 consequental,caused directly or indirectly by the changing,altering,removing or replacing of said wires,cables or other plant,except as may be occasioned through the negligence of Grantee,so as to permit such passage.The Grantee,its successors or assigns,shall be given not less than ninety-six (96)hours'written notice by the party desiring to move such building or other object. said notice shall detail the route of movement of such bUilding or objects over and along the streets and shall bear the approval of said Town, by such official as the said Town shall designated,and such moving shall be with as much haste as possible and shall not be unnecessarily delayed or cause the Grantee unnecessary expense or waste of time.Upon application to said Grantee by any person or persons desiring to move any bUilding,machinery,or other object,and upon advice as to the route of moving thereof,said Grantee shall certify to any such person or persons -~.- the amount of expense to Grantee for changing,altering,removing or replacing said wires,cables,or other plant,and said Grantee shall in no event charge any person or persons any sum in excess of the amount so certified,providing further that the Grantee may,before proceeding with such work,require a suitable bond or other deposit to insure payment for all charges incurred.The provisions of this section shall be carried out in accordance with the Ordinances of the Town regulating such matters; PROVIDED,HOWEVER,THIS section,except provisions for notice unto grantee, shall.not apply to the Town,its agents,officers,employees,and/or independent contractors of said town when engaged in the performance of any public work. SECTION 11.The Grantee,by its acceptance of this Ordinance and the franchise,rights,privileges and authority herein granted,covenants and agrees for itself,its successors and assigns,to comply with and be bound by the terms of this ordinance and to perform each of the covenants and conditions set forth.The Grantee shall be deemed to have forfeited all of its rights,privileges and franchises unless it shall,within sixty (60)days after.the passage of this ordinance,file with the Town Clerk of the said Town its written acceptance of the rights and privileges hereby conferred,and the obligations and conditions hereby imposed. SECTION 12..No sale,lease,or assignment of this franchise shall be effective until the assigns or lessee shall have ·filed in the office of the Town Clerk of the Town,an instrument,duly executed, reciting the fact of the sale,lease or assignment and accepting the terms of this franchise and the special service agreement then being in effect,and agreeing to perform the conditions thereof required of the Grantee. SECTION 13.Also,as a further partial consideration for the granting of this franchise,the said Grantee,its successors and/or assigns shall,on the first inside page of each and every issue of the Marysville Telephone Directory,print in heavy type, directions for making emergency calls to the fire and police departments of said Town. SECTION 14.It is understood and agreed that as a further partial consideration of this franchise that the Town of ~sville and the Grantee have entered in to a written "special serviCe agreement which the Grantee agrees to render certain non-public telephone service unto the Town of Marysville ,the terms and extent of which are set forth in said agreement.said "special service"agreement shall carry the same effective date and the same expiration date as this franchise. SECTION 15.The Grantee shall bear all the expenses of the publication of this Ordinance. SECTION 16.The Grantee covenants and agrees,for itself,its successors and assigns that in the event of any neglect,failure or refusal to comply with any conditions of this franchise or said special services agreement that the Town may give notice of any such default,and if such default has not been corrected or the conditions of this contract are not complied with within sixty (60)days after receipt of such notice,then this franchise shall be immediately subject to forfeiture,at the option of the Town Council.Any notice prOVided herein shall be sent by registered mail to the Grantee at 1714 California street,Everett,Washington. SECTION 17-All ordinances and parts of ordinances of prior date are hereby repealed and annulled insofar as the same are in conflict herewith. Mayor ~-="::"'::;7-'=_=--19::~6.0ti. ~~b ti;Approved th'-_-=~"--__ ~~tO~ -' ~~.~ r~~ - ,"'.- 5 - ATTEST: 4m.e b e",{)~-~Town Clerk This is to certify that ~e a90ve is a true and correct copy of Ordinance No.~~,passed by the Town Council of the Town of Marysville ,Washington,on c::zu.....,~{;~,1956,granting a franchise to the W~ast Telephone Company in the Town of Marysville ------- ~b~~Town Clerk ~ Dated at ~~~~n,this~--c/l"day of ,1956.