Ordinance No. 374

AN ORDINANCE GRANTING A non-exclusive franchise to INLAND POWER & LIGHT CO., a non-profit corporation organized under the laws of the State of Washington, and to its successors and assigns, to occupy and use a route hereinafter designated and described along the streets, alleys, bridges and other public property of the Town of Newport with facilities for the transmission of electric power, for a term of thirty-five (35) years subject to prior termination under certain conditions; and specifying the limitations, terms and conditions governing the exercise of said franchise.

BE IT ORDAINED by the Council of the Town of Newport of Pend Oreille County, Washington:

1. That INLAND POWER & LIGHT CO., a non-profit corporation organized under the laws of the State of Washington, its successors and assigns, sometimes hereinafter called the “Grantee”, be and it is hereby granted, for the term of thirty-five (35) years from the date when this ordinance becomes effective, unless sooner terminated as herein provided, the full right, power and authority to establish, construct and maintain, extend and operate, over, along, across and under the streets, alleys, bridges and other public property within the corporate limits of the Town of Newport in Pend Oreille County, Washington, as hereinafter designated and described, appurtenances and equipment used or to be used for the purpose of supplying electricity and power to the premises and only to the premises of INLAND POWER & LIGHT CO. located on the following described property:

That portion of Lots 16, 17, 18 and 19 in Block 21 of Talmadge’s Second Addition to the Town of Newport, Pend Oreille County, Washington, according to the recorded plat thereof, more particularly described as follows:
Commencing at the Southwest corner of above Lot 19, thence Northerly along the west line of above Lot 19, a distance of 66 feet to the true point of beginning; thence easterly and parallel to the South lines of above Lots 18 and 19 to an intersection with the West line of above Lot 17; thence Northerly along the west line of above Lot 17, to a distance of 16 feet; thence easterly and parallel to the South lines of above Lots 16 and 17, to an intersection with the East line of above Lot 16; thence Northerly along the east line of above Lot 16 to the Northeast corner of Lot 16; thence Southwesterly along the northwesterly lines of above Lots 16, 17, 18 and 19 to the Northwest corner of above Lot 19; and thence Southerly along the west line of above Lot 19 to the true point of beginning, including all poles, towers, wires, underground conduits and lines, and cables, vaults, and manholes for the installation, storage, operation, and maintenance of electrical equipment so used or to be used. Said right and franchise shall be non-exclusive and pursuant thereto the Grantee, its successors and assigns, may maintain and operate such above described facilities for the purpose specified over and along the following route within the town;

Beginning on the North side of Fourth Street from the Idaho-Washington State line where Grantee’s pole is now located; thence westerly along the north side of Fourth Street for approximately one block; thence southwesterly along Fourth Street to a point opposite the Grantee’s property; thence southeasterly across Fourth Street to the Grantee’s premises in the Town of Newport, County of Pend Oreille, State of Washington, as more clearly shown on a map marked Exhibit A, hereto attached and by reference made a part hereof.

Over and along the above described routes, the Grantee, its successors and assigns, is granted the right to the use of an indeterminate area of land reasonably necessary for the erection and maintenance of its equipment and facilities above described. It is expressly provided that this franchise is subject to the provisions and conditions of an agreement dated December 14, 1921, wherein the Great Northern Railway Company is the Grantor and the Town of Newport is the Grantee, wherein the Town of Newport is granted the right to maintain a roadway on a part of the property over which this franchise is granted.

2. INLAND POWER AND LIGHT CO., its successors and assigns, is granted the right during the life of this franchise to cut and trim any and all trees along said right-of-way that may or might interfere with any wires, poles, conduits or other apparatus of the Grantee, its successors and assigns.

3. All of the Grantee’s electric property and facilities shall be constructed and at all times maintained in good order and condition to avoid television and radio interference, and constructed in accordance with Table I of the Electrical Construction Code of the State of Washington, which became effective January 1, 1959.

4. The Grantee herein, its successors and assigns, shall have and is hereby given the right to make excavations and obstructions along the above described route, for the purpose of building, erecting, repairing or changing any of the poles, wires, conduits, cross-arms or other appliances or apparatus used or to be used in connection with the above purposes. PROVIDED, HOWEVER, that if and whenever the said Grantee, its successors or assigns, shall excavate in or obstruct any of the streets, alleys, or bridges along said route for the purposes aforesaid, it shall return the same to the order and condition that were in before they were excavated or obstructed, as soon as practical and within a reasonable time after such excavation or obstruction.

5. The said Grantee, its successors or assigns, on request of the Council of the Town shall remove or raise its wires when necessary to permit the movement of any house or building over and along the streets, alleys, bridges and other public property of the Town; PROVIDED, that the party to whom a permit has been granted to move any such public property of said Town shall pay to the Grantee hereunder, its successors or assigns, the cost incurred in removing, changing and/or replacing the wires of the Grantee, its successors or assigns.

6. The Grantee, its successors or assigns, in the exercise of the rights and privileges herein granted, shall erect poles and string wires and build conduits in such manner as not to interfere with the free and unobstructed use of the streets, alleys, and bridges of the Town.

7. The Grantee shall at all times indemnify and hold the Town harmless from any and all accidents or liabilities arising from or by reason of any and all accidents or liabilities arising from or by reason of any negligent act or omission of the Grantee, its representatives or employees, in the construction, operation or maintenance of any of the Grantee’s electric utility property or facilities.

In the event any judgment is recovered against the Town for any such liability, such judgment shall be conclusive against the Grantee, not only as to the amount of such damage, but as to its liability, provided reasonable notice in writing of the pendence of such suit shall be given to the Grantee.

8. The franchise hereby granted may be revoked and forfeited by the Town by a duly enacted ordinance thereof in event the Grantee shall fail, after reasonable notice or demand in writing signed by the Mayor, to comply with any of the terms, conditions or obligations imposed upon the Grantee hereunder.

9. This ordinance shall become effective on August 28th, 1959, and remain in force and effect for thirty-five (35) years thereafter until August 27th, 1994, subject to termination as hereinabove provided; PROVIDED, that this franchise shall not become effective unless and until the written acceptance of this ordinance by the INLAND POWER AND LIGHT CO., signed by its proper officers, shall be filed with the Town Council prior to September 7, 1959.

Introduced and read the first and second times, the 5th day of August, 1959. Read the third time, the 19th day of August, 1959.

Passed by Town Council the 19th day of August, 1959.