The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1914-1938, 1916-10-19


shall be connected with any main ex-
change line, such service to continue
during the existence of this franchise
provided, further, that such telephones
shall not be connected to any private
branch exchange or intercommunicat-
ing system, without the consent of
said grantee, and provided that the
free service herein granted to said
city shall only include exchange SER
vice within the exchange radius.
Section Is. The said grantee, dur
ing the construction, maintenance or
repair Of any poles, standards, wires,
cables, conduits or other equipment
used in connection with said telephone
or telegraph business, shall save the
city Of Kennewick absolutely harm
less and free from any and all costs
and expenses of any kind whatsoever,
and if any suit or suits in equity or
law shall be instituted against the said
city because of any damage alleged to
have been caused to any person or
property because of the construction,
maintenance, operation or repair of
said equipment used i'm connection
with the said telephone or telegraph
business, the said grantee shall, upon
notice from said city by its mayor or
city attorney, defend said suit or
suits at his own cost and expense, and
in case final judgment shall be re-
covered in any suit or suits against
the said city, the said grantee hereby
covenants and agrees to pay said
judgment or judgments and save the
city harmless and free from the same,
and all costs and expenses connected
Herewith, and further to idemnify
the city city for any injury arising
from any casualty or accident to per-
son or property by reason of any neg
lect or omission to keep said poles or
wires in proper and safe condition.
Section Ia. The said city of Kenne-
wick reserves the right and privilege
to suspend on the poles or place with
in the conduits erected or laid by the
said grantee, in or upon the streets,
alleys or public places, any and all
wires which may be required for fire
alarm and police purposes, provided
that the voltage carried on such wires
will not interrupt or interfere with the
service of grantee.
Section Is. The grantee shall at
all times furnish, maintain and oper-
ate telephone service to its patrons
during "a hours Of each and every day
in accordance with modern develop
ments and requirements of the tele-
phone business, such service to be
efficient as judged by modern stand
ards of that business. ..a.s ...--. 3D..
Section 16. The said grantee shall
extend said telephone system to such
streets, avenues or other thorofares
ia .if ha nd al 6xy
residents living thereon, provided
not be required to furnish telephone
service longer distance than 600 feet
from any wire, already constructed,
unless demanded by two or more per-
sons.
Section IL. Nothing in this ordi-
nance shall be construed to be in any
way a surrender upon the part of the
city of Kennewick of complete control
and supervision of streets, alleys and
thorofares in the said city, nor to pre-
vent the proper authorities Of said
city from sewering, grading, regrad-
ing, paving or otherwise repairing or
improving any of said streets, alleys
or thorofares, but all said work shall
be done, SO far as possible, SO as not
to obstruct, injure, or prevent the
free use Of such poles, wires, conduits
or other appliances used by said gran
tee for the transaction of the telephone
and telegraph business, but the said
city of Kennewick shall not be liable
to the grantee for any damage that
said grantee may suffer by reason of
the performance of such work, or by
reason Of the exercise of the rights of
said city to regulate the use and con-
troll of said streets and alleys, and
whenever any street, alley or thoro-
fare or any portion thereof underneath
which anv conduits belonging to said
grantee shall run, shall be changed or
altered as to its grade, the said con-
Quits shall be relaid by said grantee
at his own cost and expense in accord
ance with the provisions herein set
forth as to original construction of
said conduits.
Section Is. 1t is expressly provided
that if during the life Of this franchise
the laws of the state of Washington
shall be so amended or changed that
the right and power to fix rates for
telephone service be given back to
cities of the class of Kennewick, then,
and in that event, the city council
shall have the power and it shall be
its duty, beginning within sixty days
after the time of the requirement Of
said right by it, and each five years
thereafter, during the life of this
franchise, to prescribe by ordinance,
after proper hearing, the maximum
rates that shall thereafter, for five
years, be charged and collected for
telephone service furnished by the
grantee to its patrons within the city
of Kennewick.
Section 10. If the grantee, its sue
cessors or assigns, shall at any time
violate or refuse to perform the terms
and conditions and obligations set
forth in this ordinance, the city coun-
Gil of the city of Kennewick may de-
clare all rights and privileges herein
conferred or granted, terminated, and
upon such declaration by ordinance by
the city council of said city, this
franchise and all the rights and privi-
leges herein conferred and granted