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HomeMy WebLinkAboutOrd 0059 - Electricity Distribution Franchise with Puget Sound Light and Power CompanyORDINANCE NO 59 AN ORDINANCE granting the Puget Sound Traction, Light Power Company, its successors and assigns the right, privilege, authority and franchise to erect, construct and maintain poles and wires, over, along and across the streets, avenues, alleys and public places of the Town of Tukwila, for the purpose of transmission, distributio4 and sale of electric current for electric power, heat and light, or for any other purpose for which electricity may be used. BE IT ORDAINED UY THE TOWN OOUNCIL OF THE TOWN OF TU WILA: Section 1. That there shall be and hereby is granted to Puget Sound Traction, Light Power Company, a Massachusetts corporation, its successors and assigns, for the period of fifty (50) years, the right privelege, authority and franchise to erect, construct, maintain and use poles _pith or without crossarms for the support of wires in, over and along the streets, avenues, alleys and public places of the Town of Tukwila (including all streets, avenues and alleys, which may hereafter come within the Town of Tukwila by reason of the extension of the town limits of said town) and to attach wires to such poles and cross arms and stretch such wires from pole to pole, over, upon or along such streets and alleys, 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 electric power, heat and light within the Town of Tukwila for municipal, domestic and manufacturing purposes, and for any other use or uses to which electricity may be put, and to fix, establish, charge and collect reasonable tolls, rates and compensations for such power, heat, light and use. Section 2. That such poles shall be placed as far as practicable next to the sidewalks on the sides of the streets and alleys of said town and shall be constructed and erected in a neat and workmanlike manner and in accordance with e the rules and regulations of the Public Service Commissio t. Section 3. That whenever it shall be neoessary in the erection of such poles to take up any portion of the sidewalks, water pipes, sewer pipes or drains, or dig up the ground at or near the sides and corners of such streets or alleys, the said grantee, its successors or aaaigns, shall after such poles are erected, =replace without delay, such sidewalk and properly refit the stringers and planking thereon in a careful and workmanlike manner, and remove from such streets, sidewalks and alleys all rubbish, sand, dirt and other material that may have .been placed there, taken or dug up in the erection of such poles, and shall restore the sidewalks, water pipes, sewer pipes, drains, street or alley to as good condition as it was before it was taken up, dug up or disturbed. Section That by accepting the rights, privileges and franchisee herein granted, the said grantee, for itself, its successors and assigns, covenants to indemnify the Town of Tukwila against any injury arising from any casualty or accident to person or property caused by any negligence or omission to keep such poles and wires in a safe condition and further covenants to pay all legal and valid claims against said Town of Tukwila for daraagee caused by any negligence and omission to keep such poles and wires in a safe condition either in the cone yruction or main- tenance of the same. Provided, however, that in the event any suit or action shall be brought against such Town of Tukwila on account of any injuries sustained as aforesaid that the Town shall immediately give notice of such suit in writing to the grantee, its successors or assigns and the said grantee, its successors or assigns shall have the right to defend any such suit or action. Section 5. Whenever it shall be necessary to move any poles or wires constructed hereunder by reason of the grading of any street or the changing or altering of any grade or width of any street, or by reason of the widening of any street, or the establishing, changing or altering the grade or width of any side- walk, or for any municipal improvement, the grantee hereunder, its su cseeors and assigns, shall upon reasonable notice from the City change such poles and wires at its own sole cost and expense. Section 6. Whenever it becomes necessary, by reason of the moving of any building or structure along said etreets to raise or cut tha wires to permit the a atiage of .such building or structure, she grantee hereunder, itc succecuor y and ascigns, will upon five (5) days notice raise or out such wires, provided that the person roving such building or structure shal l 'pay to the grantee, its successors or assigns the actual cost expended in raising or cutting such wires. Sec tics 7. In the event the grantee, its success rs or assign s shall not corermence work under this franchise within three (3) months and shall not be ready to furnish electric energy within nine months from and after the passage thereof the Town Council shall have the right by resolution or ordinance to cancel the rights, privileges and authority herein granted and to declare said franchise of no further force and effect. Section g. That in order te claim any right or benefit whatever under this ordinance the said Puget Sound Tr c ti on, Light Power Company, its successors and assigns, shall within sixty (6c) days after the passage thereof file with the Town Clerk its or their, acceptance in writing of this franchise. Section 9. This franchise is not to be taken as exolu— si7e or barring the right to grant a similar frenehise to, any other company. Section_ 10. All ordinances or section of ordinances in conflict with this ordinance is hereby repealed. r Introduced t Passed 9 Approve o. �a aQ At t e std "ice 4 c )3 i/s %try i Mayor Mayor