Chapter 10.04
UTILITY FRANCHISE
Sections:
10.04.030 Applicability--Effective date.
10.04.035 Access to service for use of public rights-of-way.
10.04.010 Required.
All public and private utilities engaged in the distribution of water, gas, power, and communication facilities and the accessories related to each and every such system or systems of a public utility nature, whether specifically named in the foregoing series or not, shall, as a condition of the use and occupation of the public streets, avenues, roads, alleys, lanes and other public spaces and ways of the town including the air space immediately above such public places and ways and the ground beneath the surface thereof, possess a valid unexpired franchise from the town. (Ord. 39 § 1, 1965)
10.04.020 Application.
Franchises shall be issued by the town upon application therefor to the town engineer and shall not exceed a term of twenty-five years from and after the effective date of the issuance of the franchise. The terms and conditions upon which the franchise shall be granted shall be subject to the approval of the town council and shall be set forth in an ordinance to be enacted granting to the franchise grantee the specific right and franchise to use and occupy the streets, avenues, roads, alleys, lanes and other public places and ways of the town for constructing, maintaining, repairing, renewing and operating the particular system and accessories of said grantee. (Ord. 39 § 2, 1965)
10.04.030 Applicability--Effective date.
The requirement in Section 10.04.010 laid upon persons, firms, corporations, or other entities operating public or private utilities or otherwise using the public ways of the town, shall take effect January 1, 1966, from and after which date it shall be unlawful to alter, excavate, construct upon, tamper with, deface, resurface, remove, grade, install, repair, or otherwise use the public places and ways of the town for public or private utility-type operation without the operator, owner or agent, contractor, or representative thereof being in possession of a valid and unexpired franchise from the town. (Ord. 39 § 3, 1965)
10.04.035 Access to service for use of public rights-of-way.
As a condition for a public or private utility’s use of the public right-of-way or other real property of the town for any reason, such utility shall provide the property owners of the town direct access to the services provided by the utility at the cost of the utility. (Ord. 223 § 1, 1989)
10.04.040 Violation--Penalty.
If any person, firm, corporation or other entity who by this chapter is required to be in possession of a franchise shall, without being in possession of such unexpired and valid franchise, use, alter, deface, grade, excavate, remove or otherwise tamper with surface, subsurface or air space belonging to the town as public property in its streets, ways, avenues, alleys, roads, lanes, turnouts, gutters, ditches, walks, bridges, trestles or other public places, such persons, firms, corporations or entities or their managing directors or officers shall be subject to civil penalties in the amount of one hundred dollars for each such offense. In the event the violation of this chapter is of a continuing nature, each day such offense continues shall be considered a separate violation against which a penalty of one hundred dollars may be charged; said penalty shall be recoverable by way of summons and complaint or a warrant of arrest pursuant to hearing before the police judge, or, at the option of the town, may be recovered by civil action in the Superior Court of Snohomish County, including action for temporary restraining order, temporary injunction and permanent injunction against violation of this chapter declared to be enacted in the interest of the public safety, public health and public welfare of the town and its residents. (Ord. 39 § 4, 1965)