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

leys of said city for the purpose of
removing any building, the said gran
tee, upon forty-eight hours notice
from the city clerk of said city, shall
raise or remove any of the wires of
said telephone or telegraph system
which may obstruct. the removal of
such building, so as TO allow the free
and unobstructed removal and passage
of the same, provided that the remov-
al of said building snail be done at
such a reasonable hour and in such
manner as shall cause least interfer-
ence with the business of the said
grantee, provided, further, that with
in twenty-four hours after receipt of
notice as hereinbefore provided the
said grantee shall Gle with the city
clerk written estimate Of the cost'of
removing and replacing such wires,
and before said grantee shall be re-
quired to make such removal the per-
son, firm or corporation making the
request for such removal shall pay to
said city clerk for the benefit of said
grantee the estimated cost of removal
and replacement, provided, however,
that if the person making such re-
quest shall believe that such estimated
cost is unreasonable, such person may
appeal to such committee or agent as
the city council may designate, which
committee or agent shall file with the
city clerk a statement Of the amount
of the estimated cost which to him or
them seems reasonable. Upon deposit
of such estimated cost by the person
making such request, said grantee
shall then remove the necessary wires
as herein provided. Upon completion
of such removal and replacement, said
grantee shall file an itemized state
ment of the actual cost of such re-
moval and after the next regular coun-
Gil meeting, the city clerk shall pay
to the grantee from the sum collected
from the person making the request
for such removal and replacement
such actual cost, and the remainder of
said deposit, if any there be, shall be
returned to the person making said
deposit. If, however, the actual cost
shall exceed the estimated cost, the
clerk shall pay the said grantee the
amount deposited to pay said estimat-
ed cost, and the person applying for
such removal shall pay said grantee
the additional cost of such removal.
If such person shall feel aggrieved by
the statement of the actual cost filed
by said grantee, such person may file
a protest with the city clerk, and the
city council at its next regular meet
ing shall upon a hearing, determine
the reasonable charge for such re-
moval, which decision shall be final.
Section 6. The City of Kennewick
hereby reserves the right to compel
the grantee to place the wires and
cables used by said grantee in the
exercise of this franchise, in under
ground conduits and also reserves the
right to order the change of position
of any pole or poles whenever, in the
judgment of the city council, such
change is necessary, such change in
the location of poles, or the establish
ment of underground conduits to be
made within reasonable time after
receipt by the said grantee of written
notice from the city clerk to make
such change.
Section z. That when it shall be-
come necessary in the erection Of said
poles to take up any portion of the
sidewalk, or to dig up the ground in
any of the streets or alleys of said
city, the said grantee shall, after said
poles are erected, without delay, re-
place said sidewalk or street in as
good condition as it was before such
excavation was made and remove all
surplus dirt and rubbish, and if the
said grantee shall fail so to do, the
city shall have the right to put such
street, alley or sidewalk in as good re-
pair and condition as it was before
such excavation was made, and the
cost and expense thereof shall be
charged to said grantee, together with
ten per cent additional as iquidated
damages, and the said grantee shall
pay the same to the city upon demand.
Section 8. The said grantee shall
erect poles at only such places as
shall be designated by said city coun-
ell or such official or agent as it shall
designate, and no change in the loca-
ton of poles shall be made without the
consent of the said city council, of
fetal or agent.
Section 8. The said grantee shall
ance within thirty days after the pas
sage of the same, and if said accept
ance is not so filed, then this ordinance
SHAH DE nun anu VOlQ, WITHOUT any
further act upon the part of the said
City of Kennewick, the said accept
ance to act as consent upon the part
of said grantee to the repeal of Or
dinance No. 20 of the said City of
Kennewick, and release by the said
grantee of all of the rights and privi-
leges granted by said Ordinance No.
20, it being understood that said
grantee is the assignee of the fran
chise rights granted by said Ordinance
No. 20.
Section 10. The word grantee"
wherever used in this ordinance, shall
be construed to mean A. F. Brown, his
successors and assigns, aud all the
terms and provisions Of this ordinance
shall be binding upon and inure to the
benefit of the successors and assigns
of said grantee.
Section IL. That the right, privi-
leges and franchise hereby granted
shall continue and remain in force for
a period of twenty-five years from the
date of the taking effect of this or
dinance, subject, however, to the con-