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.
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Introduced t
Passed 9
Approve o. �a aQ
At t e std "ice 4 c )3 i/s %try
i Mayor
Mayor