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HomeMy WebLinkAbout122 - Ordinance - Erecting, Maintaining, and Constructing a telephone systemHERE 7 CRD11; A ICE Ro. � ? . f" `i'_I:T.'Nf%E granting to illiam D. Calder, of ? renerton, mash- in�ton, his successors and assigns, the right to use the streets, public highways and alleys of the Town of .'port Orchard, for the purposes of erecting, maintaining and constructing a telegraph and. telephone system in the Town of 2ort Orchard, '"ashington. The aw�Council of the Town of 'ort Orchard do ordain as fol- lo That all conduits shall be located in confori •ity with such re- asonable re;ulations as the town council may by ordinance prescribe for conduits of similar ch_aracted and all excavations for ccnstrticting,re- pairing and changing such conduits shall he done in compliance with the ordinances of the 'own of Fort Orchard, which may ';e in force at the time of the performance of the work and in such manner as not to unnecessarily interfere with the free use of the streets and alleys b tho, public, save and except such temporary interference as may he necessarily incident to the prosecution of the :ork. Section 961.1. 'whenever it sh. 11 become necessary in the erection of such tele- aph ar telephone poles to dig into or in any manner interfere with a: public street or alleys the s<_ id Tilliam D. Calder, his successor or as- signs, shall without delay put such street or alley in'as good condition as it 'as before it was broken up, dug up or. disturbed. Section 1V. That whenever any per; on has .obtained permission to i.se any of the streets of said town for the purpose of removing any ouilding,the said rilliam D. Calder, his successors or assigns, shall uron receiving tv.enty- gour (24) hours notice, in wit ins, raise 'or remove any of said wires which may obstruct the removal of said trl?ilaing, so as to allow the free and unobstructed passage of the same; such notice to be served by my person ovcx twenty-one gears of age upon s eid - illiam D. Calder, his sue- cessors or assigns; and in coo.se of the failure or refusal to comply 'there with after such notice has been so served as aforesaid, the same i.e., said poles and wires, may be removed under the supervision of the x I town marshal of Said town of ^ort Orchard at the expense of the holder of this franchise. -1- Section V. That all pries erected under this franchise shall he erected in a neat and workmanship manner; shall ::e of such size and set in the ground to such depth as to make them sate and free from all danger of leaning or e filling; they shall be placed along the side of the traveled portions c of the streets, alleys, and public highways, and such distance from pri- vate property lines, as may hereafter he designated by the sid. con oil of said totrn, so as to 7.Pst interfere jith public travel; provided, however, that when erected in a street, having sidewalks they shall be placed inside and adjoining the outside stringers upon which the _ lanks of said sidewalk are laid unless the holder of t'-_ .s franchise is other- wise directed by the council of said town; that at no time during the erection of s- .id poles, or any work thereon, or on said lines, shall thcs grantee, his eu¢cessors or assigns, or their enploye s, leave -any roles on the ground in such a manner as tc interfere with public travel; and in the digging of holes for the erection of such pole lines, the grsntee, his successors or assigns, shall take all neces<<ry precaxt ion to guard the sq.e, an& shall keep the same woll covered in such t.nner that damage or injury will not arise by reason thereof; said grantee, his successors or assignees shall he liable for daragcs which rRav he caused by reason f of any injury sustained through his or their carelessness or neglect, or by reason of any damages caused. through his or t.-: ei r neglect, to guard said .roles. Section Vi. io The telephone system, to be installed under this franchise shall be the Celltral energy system, and up-to-date apparatus shall he useR �4- elusively. The said grantee, his successors or ,assigns shall t> the life of this franchise, ope ^. ate said telephone system hothA night, and. shall keep €yid maint€..in the sane in first class condil and shall f- rnish :first class telephones and service without delay; cept such as ray be reasonable ne> essary to secure the equipments, al. persoi'ls who shall apply for sane and pay or offer to p€ty the 0: ary rates. Section V11. The maximum sah.edu:o of prices allowe(i to be chargeCl by holder of this franchise shall he: For individual telephones, business houses, 4.00 Her r0: For two-party telephones, business houses, X2.50 *per 1Tio: For individual telephones, private residence, x`2.50 ?er For party telephones, private residences, '71.50 per nontl The above rates stall include free telephone service to leston, . Bremerton, and .:anotte, Thshington; after installation of thousand telephones ill said town, twenty-five cents additional men added to above rates. long distance :orvice thirty cents for three minutes' us 'phone, fifteen cents for each additional minute or fraction there Section Vlll. That said grantee, his successors or assigns, shall pay an- nually to the said. town of Wort Orchard, three per cent per amain of t net earnings derived fron the orr;eraticn of said telephone and. telegraph system within said ton of Port O: -chard, beginning with the year 1910; such paynent shall be i de on or before the lst, day of December., in each and. every year, and any accredited officer of the aid town, autho ixed by the town council of said town shall,upon d emand,have the right to examine and inspect tho hooks of the holder of this franchise rthe purpose of ascertaining the not earnings of said telegraph and telephone system for any year; in the event that said accredited officer of said town and the representative of the holder of the franchise c€...:not agree as to the amount of the said net earnings, the two shall select a third person, and said three per ons shall constitute a board of arbitration, and their decision as to the ai,mou:gt of said. net earnings shall he final and no appear shall lie therefrom, SECTIOiY 1X. That said grantee, his successors or assigns shall at any time often December 1st. 1°08, furnish and install without cost to said tov:r. oir Port Orchard, for municipal purroso�., upon receiving thirty days' no- tice so to dc, four telephones in si. ch buildings or building as m be designated by the t m.n council of acid town, and maintain and keep the s-r!e in repair without cost to :a=id ta.n, and all iirnish free telephone sarcice and connections within said town, and to Cha.rlet�ton, Br.enerton, and LTanette, shin -ton, for nainicipal purposes, during the'l.ife of this franchise through such telephone:-. so fltrnished as aforesaid. Section X. That the Town of Port Orchard in granting this franchise doerl not waive any rights It no.,; holds or may hereafter acquire, and this fran- _� Chive shall not b': constructed so G, to deprive said town of any power:;, rights, or privileges which it now has or which ry hereafter be conferred �e upon it to regal€.te the use and control of the streets, alleys, aka public ,s highways for the pt�r.pcse of grading, severing or improving the same in such manner as the town council of said to, n or its renresentrtives may elect. cd Section Xl. ^'hat this franchise shall not be constructed as an exclusive franchise, but said town reserves to itself the right to grant similar privileges on said streets, alleys and public bdFhv.,-;ys to any other per- son or corporation, due regaa.rd being had to the rights herein granted, 11 and the priority of such rights. • Section X11. d a That the work of constructing said telephone system crithix, said Town of Port Orchard shall be begun in good faith yaithin six months from the date of the acceptance of this franchise and shall be continuously prosecuted thereafter until the compl-.tion and operation of the system.; provided, horever, that said grantee, his successors or assigns, shall within twelve months from the date of this ordinance have and keel; during the life of this franchise, a telephone line in operation between Port Orchr.rd and" e::.ttle, e,nd Charleston and. Premerton, Tashin`ton, and the rights and privileges herein granted by the to: =n council of said ?ovm shall cease and terminate unless an extension of time for such construe- tion and. operation of said line be granted by the town council of said• ' Tovrn, if not so constructed anc;, in ope •ation rit'rin said twelve ;:-,oaths. Section Xl11. Said grantee shall file µn acceptance of this franchise in writ- ing with the city clerk of said to: n of Port Orchard within twenty days from the date of this ordinance, and if said acceptan�e is not filed as aforesaid, then this ordinance shall 0e null and void. Section X1V. That if said grantee, his successors or assigns shall fail, neglect or refuse to comply with any of the terms, conditions, covenants, and provisions of this ordinance then all rights hereunder shall be for- feited, and this ordinance and all the rights, privile; ec and franchise there=in grnted may be revoked and annulled by the town council of said town of Port Orchard. Section 1'. This ordinance shall be in force and effect from and after its passage, approval and five days after its ublication if approved by the may of, if not approved by the rayor it shall t .ke effect as provided by lay Passed by the town council of the town of Port Orchard and ap- proved by Lae this _day of June A.D. 1908. :.ayor of the Town of wort Orchard.