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HomeMy WebLinkAbout1104ORDINANCE NO. An ordinance granting to Puget Sound Power & Light Company, its suc— cessors and assigns, the right, privilege, authority and franchise to set, erect, construct and maintain poles and wires, or underground cables together with appurtenances thereto where such underground facilities have been specially contracted for upon, over, under, along and across the streets, avenues, alleys and public places of the City of Kent for the purpose of the transmission, distribution and sale of electric power, heat and light and for any other purpose or purposes for which electricity may be used. Be it ordained by the Council of the City of Kent as follows: SECTION 1 That there be and is hereby granted to Puget Sound Power & Light Company, a corporation created under the laws of Washington, hereinafter called the Grantee and to its successors and assigns for a period of thirty (30) years from and after the passage of this ordinMnce the right, privilege, authority and franchise to erect, place, construct, maintain and use poles (with or without crossarms) and all convenient or necessary appurtenances, equipment and facilities for the support of the poles and for the support of wires, or underground cables together with appurtenances thereto where such underground facilities have been specially contracted for over, under, along and upon the streets, avenues, alleys and public places of the City of Kent, and to attach wires to such poles and crossarms and stretch such wires from pole to pole over, upon and along such streets, avenues, alleys and public places and to maintain and use such poles and wires for the purpose of the transmission and distribution of electric current for electric power, heat and light and for any other purpose for which electricity may be used and to furnish and sell electric current for power, light and heat within the City of Kent for municipal, domestic and manufacturing uses and for any other purpose or purposes, use or uses to which electricity may be put, and to charge and collect tolls, rates and compensation for such current, power, heat, light and other uses. — 1 — The grant hereby made is intended to, and does, include any, all and every of the streets, avenues, alleys, highways and public grounds and places of the City of Kent as now laid out, platted and dedicated, and all avenues, streets, alleys, highways and public grounds and places that may be here- after laid out and dedicated within the present limits of the said City, and within the limits thereof as the same may hereafter be extended. SECTION 2 All poles shall be erected and maintained at such places and position upon said streets, avenues, alleys and public places as shall least inter- fere with the free passage of traffic and in accordance with the laws of the State of Washington regulating such construction. Aenever it shall be necessary in the erection, repair, or substitution of any such poles or other apparatus to make any excavation in any street, avenue, alley or public place, said grantee, its successors and assigns shall without delay restore the surface of said street, avenue, alley or public place as nearly as prac- ticable to the same condition it was in before the doing of such work. SECTION 3 The said grantee, its successors and assigns shall indemnify and hold harmless the City of Kent against all damages, if any, that may result by reason of the construction, operation and maintenance of said poles and wires and underground facilities and the said grantee, its successors and assigns shall pay all damages for which it, they or the City of Kent shall be held liable resulting to any person or persons, association or corporation by reason of the construction, operation and maintenance of said pole lines and wires; provided, however, that in case any claim is filed with the City of Kent or any suit or action is instituted against said City by reason of any such damage or injury, the Council shall cause written notice thereof to be given said grantee and the said grantee shall have the right to defend any such suit or action. SECTION 4 That whenever any person shall have obtained permission of the City of Kent to use any street of said City for the purpose of moving any building, - 2 - the grantee, its successors and assigns, 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 its or their wires which may obstruct the removal of such building; provided that the moving of such build- ing shall be done in accordance with the regulations and general ordinances of the City at such reasonable hours and in such reasonable manner as shall cause least interference with the business of said grantee, its successors and assigns, and where more than one street is available for the moving of such building the building shall be moved on such street as shall cause least interference with the lines of said grantee, its successors and assigns. It is further provided that the person or persons moving such building will in- demnify and save said grantee harmless of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly from such temporary arrangement of the lines and poles of the grantee. SECTION 5 If the City of Kent shall acquire by purchase or condemnation during the term of this franchise any of the grantee's property erected hereunder, the addition to the sum of all other elements of value by reason of the element which is the right to occupy the public ways evidenced by this franchise, shall be no greater than the actual cost of obtaining such franchise. SECTION 6 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 Kent from granting other and further franchises over, upon and along any of said public streets, avenues, alleys or public places. SECTION 7 That in order to claim any right or benefit under this ordinance said grantee shall within thirty (30) days after the passage hereof file with the City Clerk its acceptance in writing of this ordinance. SECTION 8 Upon acceptance of this franchise by the grantee all rights under the - 3 - franchise presently held by Paget Sound Power & Light Company, granted by Ordinance No. 843, shall be deemed to be relinquished and said franchise shall be terminated. Introduced the day of 196 Passed the Council of the City of Kent on the day of --- --r= te . r7 7� Z,� �'�'' 196 Signed by me on this day of 196 Attest: / r t - City Clerk Approved as to Form City Attorney _u. Mayor of the City of Kent - 4 -