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Home My WebLink About636 nJ".~:t ::;:""'::~"': ;~~~~W '1'.~"',', ~.-.:liE'" .~';i'~}, ''IiJ!IIIlI!'" ::::;"'<~""." ,-:..,- ,-<,<\\t~f:-:-7:;--<:_'\'~r~trt~?~'::-;'::.~. ., e , b Z> 6 636 An Ordinance granting to THE PACIFIC TELEPHONE AND TELEGRAl?H OHD lllAlmE 1W. CO~frANY, its successors and assigns, the right to place, erect, and maintain poles, wires and other aP2liances and conductors and to lay underground conductors for wires for the transmission of electricity, for telephone and telegraph purposes in, upon, and under the streets, alleys, avenues, and public highways in the City of Auburn, King County, Nashington, and. to exercise the privilege of operating telephone and telegraph instruments, and of doing a telephone and. telegraph business within said city. The City Council of the City of Auburn do ordain as follows: Section 1. The City of Auburn hereby grants to The Pacific Telephone and. Telegraph Company, ,i ts successors and assigns, the right and privilege to do a telephone and. telegraph business within said city, and. to place, erect, lay, maintain and operate in and under streets, alleys, avenues~ thoroughfares, and public highways within said city, poles, wires and appliances and conductors for the transmission of electricity for telephone and telegraph purposes; such wires or con- d.uctors may be strung upon poles or other fixtures above ground, or at the option of said grantee, its successors and assigns, may be }aid 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. Section 2. It shall be lawful for The Pacific Telephone and Telegraph Company, its successors and assigns, to make all needful ex- cavations in any of said streets, alleys, avenues, thoroughfares and public highways in said City of Auburn 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 v/ith the necessary rules, regulatio~, or- dinWlces or orders, which may during the continuance of this franchise be adopted. from time to time, b:r the City of Auburn, King County, \lash- ington. ~'~~~:r~~;\~;~ --r-o:r-.' ..,... 'i_" ',". -,_.:_,~. ,...., .~-- . Section 3. Whenever the said The Pacific Telephone and Tule- graph Oompany, its successors and assigns, shall disturb any of such streets for the purpose aforesaid, it or they shall restore the same to good ord.er and condition as soon as practicable without any unnec- essary delay, and failing to do so, the City of Auburn shall have the right to fix a reasonable time within which such repairs and restoration of streets shall be completed, and upon failure of such repairs being ;---- made by The Pacific Telephone and Telegraph Company, its successors and assigns, the City of Auburn shall cause such repairs to be made at the expense of The Pacific Telephone and ~elegraph Company, its successors and assigns. Section 4. That the grantee herein shall save and keep the Ci ty of .Auburn harmless and free from any and all d.amages which may be caused. by, or clue to, any operations of the grWltee or its employees, and agrees to defend. any action for damages on accoUl~t thereof, and, if any final judgment be rendered against the City of Auburn on account thereof, agrees to pay such final judgment and relieve the City from any liability thereunderj Provided) the City'shall, if any such action be brought against it, give written notice to said grantee within ten days of the commencement thereof of the pendency of such suit. Section 5. Nothing in this ordinance shall be construed in any way to prevent the proper authorities of the City of Auburn from sewering) grading, planking, repairing or altering any of the streets herein mentioned, but all such repairs illld work shall be done, if pos- sible so as not to obstruct or prevent the free use of said poles, wires, conductors) cond.uits, pipes or other apparatus. Section 6. In consideration of the rights and privileges hereb srilllted, the City of Auburn shall have, and. The ?acific Tele- phone illldTelegraph Company hereby grants to it, the right and pri vi- lege to place, where aerial construction exists, a fixture on the tops of poles erected. and. maintained und.er thi s franchise to Ylhich may be attached wires not exceeding four, and where underground conduit exists the said The Pacific Telephone and Telegraph Company shall furnish the ~P,-,}~::::~.~+....::w .~~-~'1\"'. '>:';'- ''-'', ~,""- .., .~" , '",,"'. ,. , ,'';''" -P:.. ,:-. >..,~' "-~'4./",)_,>'_"_:; ~..%t~;;-';""'--\'''' ~- :--_;-~ . '~~:0~:7~;.;:F?F'::;i;' ; ';~.i1?~:;""",,-- ,'J,,~";<' I ! -"'~7W"'''':"--:: . said city with one duct in its underground system, or two pairs of wires \ in underground cable, free of charge to said city, to be used. for low tension police Wld fire alarm purposes, it being understood that _i_t/;;t:- sh~ll be opti'J.nal with the grantee as to whether two pai rs of wires' \ shall be given or a d.uct in the underground system. Section 7. That whenever any person or persons shall have ob- tained. permission from the public authorities of said city to use any of the streets, avenues, alleys or other publi c places of the city for the purpose of removing any building or other structure, said grantee, its successors or assigns upon seven (7) days' written notice from such person or persons and at said. person or persons' expense shall / 1// raise or remove any of such overhead. wires which may obstruct the free passage of such build.ing or other structure in its removal, so as to allow the free pass~ge thereof. Such notice shall be in writing and. shall be served. upon the I.'1:anager of said grantee, its successors and assigns, at Auburn and shall specify the route of said proposed removal, and in case said grantee, its successors or assigns refuse or neglect to remove said wires or to raise the same within seven (7) days after sll.Ch notice is served as aforesaid,) the council of Auburn may have such wires so raised or removed at the expense of the grantee, its successors or assigns. Section 8. That the said grantee, its successors and. assigns, shall furnish, install and maintain during the life of this franchise, free of charge to the Cit,y of Auburn, for local service three (3) in- dividual line telephones and five (5) extel~ion telephones, or their equivalent value in other local exchange service for the exclusive use of said city for strictly municipal purposes at such locations within the corporate limits as may be designated by the City Council of the .,-~,.,9~~Y 9 Section 9. The rights, privileges and franchises herein grant- (['_'__1.,./ ed shall continue and be in force for a period of twenty-~ (2') ;\ years from the date of the passage of this ord.inance. Section 10. This grant shall not become operative unless the -~>:y.., ';'''}''o'~ 1" )~~;f),'-:;5:~~;'~'" -,-:,. " - grantee herein shall wi thin thirty (30) days from and after the passage and approval of this ordinance file with the City Clerk a written ac- ceptanoe of all the terms and cond.itions herein contained, and shall be void if such written acceptance shall not be so filed. Introduced July 1', 1927. Passed '~" J/~.2-,?927 ~~J, ~ ~ t~cu,/lT' ~~ b, i en. 7. p:prev 1 \ ~ Vol. ..... ~ ()oy-J.A,,^~ ~~d ~ ~ ~ ~ tA<.^,'''.& e~,w:t p~ I \ 9""- 7. \wv.:.~ O\M u.. ,,~ -I <J,. ""'''''l'''''' "'I ~" _~, '. v~ ~ ~ UVA'\- ~~~~ Ib)~\~~7. / ,/ // V \ c7 ./ /' =-...-::., /;'. , ulayo r /' Attest: I (: ......'- .t...... .. , Vi ty Cl erk Approved as to form c::. . \~~~v.(i i ~.~"vt~, ~j!~~{~ J City Attorney , ( , -", , "..D~4o..A '<i , \ >::\ "5_ .. . Mayor O. P. BERTSCH Clerk A. C. BALLARD Attorney - 1. B. KNICKERBOCKER Engineer J. A. FALLGREEN Health Officer - DR. WM. H. BRANDT Police Judge A. O. PARSONS Chief of Police - - C. L LUDWIG Treasurer M. E. BREWER Fire Chief. HUGH M. LESLIE OFFICE OF-etTV' Cl!:ftK 1ll0UNCILMEN CHAIRMAN COMMITTEE DR. F. D. MERRITI - - Finance J. A. PENN Street R. S. PARKER . Health and Sanitation E. E. HARVEY Light F. H. McLASKEY - Water F. A. RICHARDSON - License J. A. TRUESEN .. Purchasing City of Auburn AUBURN, WASHINGTON Augu.,t 6, 1927. To the Membluii of the City Jounci1, City of Auburn, c/o A C B",ll'''''''d ('l'ty C'l""k' I .. c:.i.~ c.h...L ,...1 ~ ~,'.J... J Gentlemen: I return her€Fi th d thout my approval prOI)Osed Ordinanc~ No.. 636, r::;ranting i. relleial of franchise to tl18 .:-'ac if ic Tclc,;;ho'::l~ 1':l.:ld Telegraph Company, .t~ Sell'Ie VI!.8 arnended .:rId. pas",ed t::.e ~ouncil on l'u3sd1'.y, August '~nd, 1927. I object specifically to that portion of Sec- tion 1, which pl'ovides that'.'rires or condu.ctors 'fl(.;,Y be laid undergro~nd at the option of the grantee fo~ the re-3.S011 that by the tenns of Section 1 as so v'l'itten the grantee rather than the Ci ty of AU.burn 118S the Ii ght to detm'rline when and in what stl'eetu Ute wires or conductol'S may be so laid. This section Sllould 'oe so d:r~1'r'l as to give the City of Alburn the ri gl:t ':J.nd p0'Wer to deter:.;.line when such chanse SlWLlld 'be peL.li tted or o::.nde:c'ed 'by the City. It is for the duly constituted authorities of t:lS Cit;' ~:.r~t "~~ L'l!J J,lf of tLe reople to rei3:3TVC t:li.. :: i:':::lt to itself. In case this POVle2: slId be exe:ccised pI'e::Lturely or 'iiithout due regc.xd to the TiGhts of tlle grantee, rec Hae m.y be had to the 1'1-1b'::"1c 3e1' vice CO:JITliss ion or to the COl.lrts. There are other liortiona of the })Toposed francr-lise ordLunce, Vltlich the lack of time ..:)revents t:.o,,::in.:; u.-;' in dctlil on this d~l.te. in ,"hich alterations co l1Id be n ,de , whic h I sha1J. be Clad to tL~b; Ul) ~ th you::.' llonorable Goiy '.1,0)1 rec:):lsideration. '3ub'1i t ted tn~\~u:t. 1927. ),layor of the c~ or' "iiiburn. ... ( Sig n8d L FJLED~1!::..daP 01 . ~~~!J I ClTYciE:~ . Cl'l'Y OF AlIBuRN .~ -~ THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY EXECUTIVE OFFICES H.D.PILLSBURY, PRESIDENT SAN FRANCISCO. .L:..ugust 29, 1927. :KI:TOYi jj"LL J:~:::1~ BY liTrE cjl,~ ~C)llli3III';:i\3: !l'hat~HB "...cLaCl'=;~':'~~lOJ.r.c "J{J.:l::rr:G.Rc-l::I COI.:l'"j.;y, a corporation, hereby ",-ccepts the franchise granted to it by Ordinance Ho. 636, Il:1ssed 6.nd ado:pted by the Council of the City of ...uburn, '.!asl1ington, on the 16th day of August, 1927, entitled: lli>lJ OmJII;._,C';;;, granting tol'he P,,;.cific '...'olo)hone and J.'elegrc..I-,h COnIIJi:,my, its successors &uG. assiE;'11S, the right to place, erect, and maintain poles, wires and other 3lT,liances :md conductors and to lay underground conductors for wires for the transmission Of electricity, for telephone and telegr<A.1.,h ~urJ.-'oses in, upon, &nd under the st reet s, &11eys, avenues, unci public highways in the Cit;l oi' ",-uuurn, lUng County ,.iaslliru;ton, and to exercise tho llrivi1ege of O}Y;H',.tdng tc31eI)hocs and telegragh instru- ments, ",110. 0:.:' ::Ioing a telehone ~~l1C.i telegrarh business witninsaic, city. 1H.8 ..;:J'!L ;.rj~lLGi~'i.I)II C01.fI)lJ:~Y BY BY -