A-13_
RESOLUTION NO.A 13
VffiSREAS,it is proposed that the Town of Moses Lake shall enter
into an agreement with the Pacific Telephone and Telegraph Company,copy of
which proposed agreement is hereto attached,whereby permission is to be
given to the Town of Hoses Lake to install and maintain and keep in place a
switch in the telephone exchange now owned and operated by The pacific
Telephone and Telegraph Company in the Town of Loses Lake,which said switch is
to be operated in connection with the fire alarm system of said Town.
NOW,THEREFORE,BE IT RESOLVED:That the Mayor together with the Town
Clerk,be and they are hereby authorized on behalf of the Town of Moses Lake,
as its corporate act and deed, to enter into and execute S8id agreement with
The Pacific Telephone and Telegraph Company,whereby permission is given to
said Town to maintain and keep in place a switch in the exchange of said The
Pacific Telephone and Telegraph Company in the Town of Lloses Lake.
ADOPTED THIS day of ,1944,by the'following
vote:
Ayes 3 Noes 0
Attest:
Town Clerk
CERTIFICATION OF TOWN CLERK TO RESOLUTION ADOPTED EY TOWN COUNCIL
I, the undersigned,do hereby certify that I am the duly elected,
qualified and acting Clerk of the Town of Moses Lake, a municipal corporation;
that the above and foregoing is a full,true and corredt copy of a resolution
which was duly adapted by Town Council of the said Town of Loses Lake at a
meeting of aaid Town Council which was duly and regularly held on the 12
day of October ,1944,that at said meeting a majority of the members
constituting said Twon Council ?/as present and voted in favor of the adoption
of said resolution; and that the same has never been amended, revoked or
repealed,but is still in force and effect.
IN WITNESS WHEREOF,on this 12 day of October ,1944,I have
hereunto set my hand and affixed the corporate seal of said Town of Loses
Lake.
\AdjL<>JL.l*Jl
Clerk of the Town of Moses Lake
THIS AGREEMENT,made and entered into this 12 day of October ,1944,
by and between the T0.7N OF LOSES LAKE,WASHINGTON,a municipal corporation,
organized and existing under and by virtue of the laws of the State of
Washington,hereinafter referred to a the "Town,"and the PACIFIC TELEPHONE
AND TELEGRAPH COMPANY,a corporation,organized and existing under and by
virtue of the laws of the State of California,hereinafter referred to as
the "Telephone Company,"
3HEREAS the Town has established a fire alarm signal system in the Town
and desires to install a switch in the telephone exchange of the Telephone
Company in the Town,which said switch is to be used in connection with and as
a part of said fire alarm signal system;and
WHEREAS the Telephone Company is willing,under its present method of
operation, to cooperate with the Town in the matter of transmitting fire
alarm signals for the Town:
NOW, THEREFOKE, the respective parties hereto agree with each other as
follows:
The Telephone Company agrees to permit the Town to install and maintain
the switch and to keep it in place as above-mentioned,in its telephone
exchange in the Town, for use in connection with said fire alarm signal system
of the Town, and further agrees, in cooperation with the Town, to attempt to
transmit fire alarm signals for the Town, with the express understanding that
the Telephone Company has received no consideration whatsoever therefor,and
has assumed and is and shall be under no liability either to the Town or to
any person,firm or corporation whatsoever for the installation or operation
or maintenance of said switch or the turning in of any fire alarm signals,
and the Town expressly agrees to make no claim of any kind whatsoever against
the Telephone Company for any default,neglect or omission connected v/ith such
installation or operation or maintenance of said switch or the turning in of
any fire alarm signal.
The Town, at its own sole cost and expense, shall install and maintain
said switch in the office of the Telephone Company and, to that end,properly
accredited employe s of the Twcn shall at any time have acess to said switch
for the purpose of inspecting and repairing the same.
The Town agrees to indemnify the Telephone Company and hod it harmless
from any and all liability, claims, demands, damages cr costs arising in any
way out of the installation,construction,maintenance,operation or non-
operaticn by the Town, the Telephone Company, or any other person whomsoever,
of the fire alarm signal herein referred to.
In the even'that it shall, in the opinion of the Telephone Company,
become impracticable for the Telephone Company to continue to operate the
switch installed as herein provided,either by reason of a change in the method
of operation of the Telephone Company's system or for other reasons, it is
understood that this agreement may be terminated as hereinafter provided.
This agreement shall continue in force for a •eriod of one year from
the date hereof,and thereafter until terminated by either of the parties here
to giving thirty (30)day's notice in writing to the other of its intention so
to do, and in case of such termination of this agreement the Town agrees,
within thirty(30)days after the giving of such notice to remove such switch
and sever all connections between the telephone and telegraph systems of the
Telephone Company and the said fire alarm signal system of the Town.
IN WITNESS THEREOF,the respective parties hereto have caused this
instrument to be executed in their corporate names by their officers thereunto
duly authorized the day and year in this agreement first above written.
THE TfitfN OF MQSESHLAKE.^WASHI]I
Clerk
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
By
Vice President and General Manager
By
Assistant Secretary