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HomeMy WebLinkAbout3121 . ..~ . , . ., 0.. .... . OP.DINA..1I1CE NO. 31 2 1 AN ORDINA..1I1CE granting to puget Sound Power & Light company, a Washington corpora-' tion, its successors and assigns, the right, privilege, authority and franchise to set,' erect, construct, replace, maintain and use poles, wires, underground cables and other electrical equipment. including private telephone wires belonging to the puget Sound Power & Light Company, in, upon, over, undeI:, along and across the public street.s, avenues, alleys, highways, grounds and places in the. City of Auburn for the transmission~ distribu- tion and sale of electricity for power, heat:, light and any other purpose or pùrposes for which electricity may be used. THE CITY COUNCIL OF THE CITY OF AUBURN DO ORDAIN AS FOLLOWS: SECTION 1 There is hereby granted to Puget Sound Powe:, .; Light Company, a Washington corporation, its successors and assigns, hereinafter called the Grantee, for the term of t\qent:~{-five (25) years beginning on the first day of January, 1977, anci ending on the thirty-first day of December, 2001, the right, privilege, authority and franchise to set, erect, construct, replace, maintain and use poles and lines of poles (with or without crossarms) and áll convenient appurtenances, equipment and facilities for the support thereof, or underground cables with appurtenances the~eto where such underground facilities have been specially contracted for, in, upon, over, along and across the public highways and places, as hereinafter defined, in the City of Auburn, and to attach wires and cables· to such poles and crossarms artd"stretch' wires anq cables from pole to pole and to ~ the premises of patrons for the transmission, distribution and sale of electricity for power, heat, light and any other purpose ,- . '. SECTION 2 The word "Grantee" is used in this ordinance to refer to and include not only Puget Sound Power & Light Coro~any, the ilnmediateGrantee hereof, but also the successors and, assigns of said Puget Sound Power & Light Company who may successively become the owners, of the rights granted by this ordi.nance. SECTION 3 The grant hereby made is intended to, and does, include any, all and every of the public streets, avenues, alleys, high- ways, and public grounds and places in the City of Auburn as now laid out, platted and dedicated, and all public streets, avenues, alleys, highways and public grounds and plac:es that may be h~reafter laid out and dedicated within the present limits of said city or within the limits thereof as t:he same may hereafter be extended, all of which are included within " the words "public highways and places" wherever such words are used in this ordinance. SECTION 4 All poles and/or underground cables shall be, con- structed and maintained at such places and in such pC1sitions upon said public highways and places as shall l~ast interfere with the free passage of traffic thereon, and in accordance with the laws of the State of Washington regulating such const;ruction, such installations to be made under the supervision of, and with the permission of the Directqr of Public Works c,f the City of Auburn or other assigned by the Mayor or City Council. Whenever it shall be necessary to make any excavation in any public highway or place for the erection, repair 'or substitu- tion of any pole, underground cables or other equipmemt or facilities the Grantee shall. without delay restore the surface ", . . ." '. its property in said public highways or places pursuant to this franchise and shall pay all damages for which the Grantee or the City of Auburn shall be held liable as the result of injuries suffered by any person, association or corporation by reason of the construction, maintenance or operation of Such property, provided, that in case any claim is filed with the City of Auburn or any suit or action is instituted against said city by reason of any such damage or injury the City Council shall promptly cause written notice thereof to be given to the Grantee and the Grantee shall have the right to defend any such suit or action. SECTION 6 Whenever any person shall have obtained permission from the City of Auburn to. use any public highway or place in said city for the purpose of moving any building the Grantee, upon seven (7) days' written notice from the City Clerk of said city, shall raise or remove, at the expense of the person desiring to move said building, any of the wires which may obst~uct the removal of such building; provided, tha,t the moving of such building shall be done in accordance with the regulations and general ordinances of the city and at such reasonable hours and in such reasonable manner as shall cause thè least interference with the business of the ~rantee,.and where more than one street is available for the moving of such building it shall be moved on such street as shall c:ause the least interference with the business of the Granteei and pro- vided further, that the person moving such building shall indemnify the Grantee for, and save it harmless froITl, any and all damages or claims therefor of whatsoever kind or nature that may be caused directly or indirectly by such tempora,ry arrange- ment of the poles, wires or other property of the Grantee. SECTION 7 " " , ," . " SECTION 8 This franchise is granted upon the express condition that,it shall not be deemed or held to be an exclusive franchise and shall not in any manner prohibit the City of Auburn from granting other and further franchises in, upon, over, along or across any of said public highways and places. SECTION 9 If any term, provision, condition or portion of this franchise shall be held to be invalid, such invalidity shall not affect the validity of the remaining portions of this franchise which shall continue in full force and effect. SECTION lO In order. to claim any right or benefit under this franchise the Grantee shall file its written acceptance of this franchise with the City Clerk within thirty (30)da.ys after the approval hereof by the Mayor and the publication of this ordinance as required by Law. Introduced the ,4th day of Ortnhor -' 1976. October Passed by the City Council on the 4th Re-adopted by the City Council on the 1st Day ; 1976. day of' of N01Tember,1976. Approved by me this 4th day of O"tnh..,. , 1976. ~£J~ , Mayor 0.7 e' C~ty of rburn . ATTEST: ~it~£~ Approved as to form: Wri/J /7 citv Attðrnl'>V ., STATE OF WASHINGTON) ) ss. COUNTY OF KING) I, Frank L. Shepard, the duly appointed, quaÚfied Ci ty Clerk of the Ci ty of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington. do hereby certify that the foregoing is a full, true and correct copy of ORDINANCE No, 3121 of the ordinances of the City of Auburn. enti t1ed "AN ORDINANCE OF THE CITY OF AUBURN , WASHINGTON GRANT:r.NG TO ,puget SOUND POWER & LIGHT COMPANY" A WASHINGTON CORPORATION. ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO SET. ERECT, CON- STRUCT, REPLACE. MAINTAIN AND USE POLES, WIRES, UNDERGROUND CABLES AND OTHER ELECTRICAL EQUIPMENT, INCLUDING PRIVATE TELEPHONE WIRES BELONGING :TO THE PUGET SOUND POWER & LIGHT COMPANY, IN. UPON, OVER, UNDER, ALONG AND ACROSS THE PUBLIC STREETS, ÁVENUES, ALLEYS, HIGHWAYS. GROUNDS AND PLACES IN THE CITY OF AUBURN FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY mR POWER, HEAT, LIGHT AND ANY OTHER PURPOSE OR PURJ¡>OSES FOR LIGHT AND ANY OTllER PURPOSE OR PURPOSES FOR WHICH ELECTRICITY MAY BE USED." I further certify that said Ordinance No. ~121 was duly pass..d by the Council and approved by the Mayor of the said City of Auburn and published as provided by law in the Auburn Globe News. a weekly newspaper published in the City of Auburn. and of general circulation therein, on the 8th day of October , A, D., 19.7.fL Re-published 7th Day of November, 1976, WITNESS my hand and the official seal of the Ci ty of Auburn, ,:his 6t-h day of October . A.D.. 1976 .9~ ;;;r. CITY CLERK OF THE CITY ..-t __~__~_._"__'.__M__'__"'_____.._._~ ..'.."-........--'---... '. " . .... ). STATE OF WASHINGTON) )ss COUNTY OF KING ) I, VIRGINIA OSBORN, the duly appointed, qualified Deputy City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of ORDINANCE NO. 3121 of the ordinances of the City of Auburn, entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO SET, ERECT, CONSTRUCT, REPLACE, MAINTAIN AND USE POLES, WIRES, UNDERGROUND CABLES AND OTlrlER ELECTRICAL EQUIPMENT, INCLUDING PRIVATE TELEPHONE WIRES BELONGING TO THE PUGH SOUND POWER & LIGHT COMPANY, IN, UPON, OVER, UNDER, ALONG AND ACROSS THE PUBLIC STREETS, AVENUES, ALLEYS, HIGHWAYS, GROUNDS AND PLACES IN THE CITY OF AUBURN FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY FOR POWER, HEAT, LIGHT AND ANY OTHER PURPOSE OR PURPOSES FOR LIGHT AND ANY OTHER .PURPOSE OR PURPOSES . FOR WHICH ELECTRICITY MAY BE USED." I further certify that said Ordinance No. 312) was duly passed by the Council and approved by the Mayor of the City of Auburn and published as provided by law in the Auburn Globe News, a weekly newspaper published in the City of Auburn, and of general circulation therein. on the 8th day of October, A.D., 1976 and re-pub1ished on the 7th day of November, 1976. WITNESS my hand and official seal of the City of Auburn, this 15th day of June, 1982, ~v~'- RGINIA SBORN, DEPUTY CITY CLERK City of Auburn, Washington , -,"._.".-,.,..~,-,-..~---,--",-,-_.,.,"",-_.__.~-~..,"".,,--...---.---- ...- '. . " I . .. . \ ACCEPTANCE OF ORDINÞ~cE NO, 3121 OF THE CITY OF AUBURN WASHINGTON The undersigned, PUGET SOUND POWER & LIGHT COMPANY, a WaShington corporation, hereby accepts Ordinance j¡3l21,which was passed by the City Council of the City of Auburn, Washington, on October 4, 1976 and re-adopted by the City Council on November l, 1976 to conform to law requiring its adopt:ion at least five days after its introduction, and is entitled: AN ORDINANCE granting to Puget Sound Power & Light Company, its successors and assigns, the right, privilege, authority and franchise to set" erect, construct, replace, maintain and use poles, wires, underground cables and other electrical equipment, including private telephone wires belonging to the Puget Sound Power & Light Company, in, upon, over, under, along and across the public streets, aVènues, alleys, highways, grounds and places in the City of Auburn for the transmission, distribution and sale of electricity for power, heat, light and any other purpose or purposes for which electricity may be used. IN TESTIMONY WHEREOF said PUGET SOUND POWER & LIGHT COMPA..Jo<Y has caused this written Acceptance to be executed in its name by its proper officer thereunto duly authorized on this ,3i1~ day of November, 1976. " ATTEST: PUGET SOUND POWER & LIGHT COMPANY ¿¿ f? JodL._2Í ~<V~ By R. V. Pollard, D & Distribution or-Transmission tions Copy received for ~ity /, of Auburn on 11~ aD, 1976 ~ 'X:?h~ Bb~J' II' e--::t?'-~, /1'7h Ci ty Clerk ' .