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HomeMy WebLinkAbout135 - Ordinance - Erecting/ Maintaining/ Construction of a telephone system156 /J/ V ...W rr 1Y �.i. oRDi: i;�;CP: granting to ,- illiam, D. Calder, of Bremerton, 'Wash- ington, his successors and assigns, the right to use the streets,_ public highways and alleys of the down of Port Orchard, for the pur- poses of erecting, maintaining and constructing a telegraph and tele- p'nore s -stern it the Town of Port Orchard, 1;ashington. The Tovrn Council of the Town of 7 ort Orchard do ordain as-oliows : Section 1. That „illiarl D. Calder, of Bremmerton, ",a shington, his successors and assigns, be and is hereby granted fora period of thirty (3O) `ears, the right, privilege and franchise to erect poles — wit'r_ the necessary supports, cross arms and fixtures, and to string wires and cables thereon., and to construct underground conduits, to- gether with the necessary manholes and other applicances, and to lair, glace end stretch wires and cables within and i%l ong, over, upon, under and ac'ress- the streets, -a1Te ; -avenues and public , h i ghWays of the Town of Port Orchard, ',Wan: rington, for the transmission of sound si gna1S,- conversation and electricity, and to construct, esta.lish, ocLuip, in- stall, maintain and operate a ..telephone and telegraph business ill. said Town of Port Orchard, subject, however, to the terms, conditions, cov- enants and provisions in this ordinance contained. Section 2. That' all conduits shall be located in conformity with. such reasonable regulations as the town council may by ordinance pre- scribe for conduits of siriilar character and all e,cavation for con- structing, repairing and changing such conduits shall be done in com- pliance with the ordinances of the Toc'n of Port Orchard, which -nay be 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 by the public,, save and except such te:rzporary interference as may be necessarily incident to the prosecution of the work. Section 3. Whenever it shall become necessary in the erection of such telegraph or telephone poles to dig info or in any manner. in- terfere with sny _ u;iiic street or alleys the said :;illiwri Calder his successors or assigns, shall without delay put such street or all - in as rood 'condition as it was before it was broken up, dug up or disturbed. �. Section 4. That whenever any person has obtained permission to use any of the streets • of said town for ie purpose of removing any';' building, the said William 7. Calder or reprerentative4 / successors and assigns, shall upon receiving twenty-four (24) hours notice, in writing, raise or remove any of said wires which '_'nay oh- struct the removal of said building, so as to allow tho free and uno• structed passage of the sane; such notice to be served by any person over twenty-one years of age upon said 7illiam D. Calder, his succes ors or assigns, or upon any person o, itahle discretion, loyee of said 11 illiam D. Calder `r'7i"�1 " "'e' *aillire or refu- sal to comply therewith after such notice has been so served as afore- said, the same, i. e.,said poles and wires, may be removed under the supervision of the town marshall of said town of Port Orchard at the e::pense of the :colder, of this. 'franchise. Section 5. That all poles erected under this •francii,ise shall be erected in a neat and workmanlike manner; shall be of such size and set in the ground to such depth as to male them safe and free from all danv::er of leaning or falling; they shall be placed along the side of the trryve'_ted portions of the streets, alleys, and public highways, and such ii:. a:ice from private prapert,r(rnes, as may hereafter be designated ,hy the said council of said town, so as to least interfere with 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 planks of said sidewalk are laid unless the holder of this franchise is- otLer,-≥ise directed by the council of said town; that at no tin^e during the erection of said poles, or any work thereon, or on said lines, shall 157 -2- ~ rantee, his successors or assigns, or their employes, leave roles on the -round in cuch a manner as to interfere ;; i th pttO- '> 1^ y travel; and in digging of holes for the erection of such pole lines, the grantee, his successors or assigns, snail take all necessary pre- ' a -_ti en to guard the *same, and shall keep the sane well covered in sapE manner that damage or injury will not arise by reason thereof; - `aid `,range, his successors or assigns, shall be liable for dam- ages hTh iay be caused by reason of any injury sustained through his or their carelessness or neglect, or by reason of any damages eaii:=sed through his or their neglect, to guard said poles. Section 6. The telephone system to be installed under this f -ran - c se shall be the central energy system, and up-to-date apparatus shall be used e;_cl-._sivelyr. The said grantee, his successors or assigns, shall during; the life of this franchise, operate said telephone s -?step^ : oth all day and all night, and shall keep and maintain the sale in •firti t -class. condition, and shall furnish first-class telephones and service without delay, except such as may be reasonabl necessary to secure the equipment to all persons who shall apply fo_ same c:.nd_ pad or offer to pay the ordinary rates. .)action 7. The maximum schedule or _,ri ces allowed to he c- •.r ed by t'_e ..older of this franchise si.=.Il be: - r individual o e-, Bones, ri sinesS houses, per month...............4.00 .... ... 4.00 3or two-party telephones, business houses, per month ...............2.50 2.50 Or indiV i ft i -1 tele.hilones, private residences, per month........... 2.50 ≥'o-= party telephones,-rivFte -resi epees, per .nonth... 1.50 The above rates ::hall include fre,,• telephone service to Charleston, Bremerton, srd anette, -,ashington; long distance service thirty cents for thrminutes.' use of 'phone ___teen cents for each additional minute or fraction thereof. . Section S. That said grantee, his successors or as`•igns, shall pay annually to the said Town of Port Orchard, three per cent, per annum of the net earnings derived from the operation of said telephone and to l er-rayh system within said Lo-- a .of -ort Orchard, beginning with the year 1910; such payment shall be. made on or before the 2 lst day of December, in each and every year, and any accredited officer of Said Toren, authorized by the Town council of said 1'o�:n shall, upon clema.nd, hove "e right to examine and inspect the books of the holder of this f .ne __se for t?lpttrro' e of ssc:ertciiiing. ti`e net esrni_ngs of said t1egra- h and telephone System for •any year, it the event that, said accredited off_Leor of 'sid town and t;le eprentat?ve of the holder y'of tile, fr2.^C=l1Se C�.r'.not agree as t0 the a: io sit. Of the said net earnings ...the two shall select a third person, anti said three persons shall con_- titute a board of arbitration, nd ti r Clodsi on as 10 the c`'.noi nt of 1. J_d' net e ` rn?_ri-. s :: t 11 he .opal and sh le f'' r m. g no a�.;,eal >__�11 e ��ze afro --Section 9. T' -at :f:id. _tee, _i.cce:.sors or assigns, ::ulr11 at any tine after , . 1909, furnish- and install ithout cost to sid .Town of Port Orchard, for municipal -;troses, upon receivi l thirty ty •days' notice so --t-o do, four telephones in such 1u11ding or buildiii s as may be desiLnated by the town council osaid town, and maintain arid _ieep..the same, in repair ir'lfi:_ ;)it cost t0 Said .town, and snail i'tirnish ri free telephone service and connections itnn said town, and to Charles I ton, 3rer,erton and h:a.nette, .,ashirgton 'puniciyoal purposes, during the life 02' this franchise through such "t' hones so furnished as aforesaid. Section 10. That the Town of Port Orci_ard in granting this franchise • does not waive any ri �,ht.s it now :.olds or nay hereafter acquire, and this franchise shall nlot ho construed so as to deprive said town of s �- ,� , . � <..r.� • powers, rights or privileges ;nich it now has or which maV hereafter e conferred upon to regulate the use and control of the streets ?_- lays, . and •`ublic highways for the rttr€ 21g, sayer,- ing or im- cose of grading, _ the torn council of said town or its rere. .� , t t �� e s may �- �e Section 11. That this franchise shall not he construed 55 an ex- sive franchise, but sair resc:ves to itself the rig711nt similar privileges on -J :treet5, alleys and. urilic riany ither person or cor t,on, due regard. tieing hpd to th ein g� <:.nted, and t.rre pi of such rights. ' laccessors the Section 12. 1,1..E the '. _ _' con. ;eructing aid. te_-ephone . yste�f hin said ton of Port '_ :: '_ shall he aegun in . good. faith r ithirr months from the date o_thL acce~;tance of 'this *'ra chise9 aid. hail be continuously prosec-_ :ed hereafter until the completi onnft latior of t',e ;:,ysters; ro;-idedio.7ever, „leat said grantee, ilis or assigns, shall, within twelve months from the date of this ord inarce, h .ve and eel) during t l_e ife of this franchise , a telephone line in operation between Port Orchard and =Battle, and Charleston s"nd. Bremerton, '.'Tashi ngton, ,and the., rights -mCL privileges herein granted byr the tow, -;n council of said toz:-n shall cease and fermi- ari nate unless a,,/ extension of tine for such constriction and- operation t' of saic. line cc granted by the toi'n council of said town, i f not so n, constructed and i n operation .-,i thin said twelve months. Sectio'r_ 13. Said grantee shall file an acceptance o= t _o __earl;;r_'> c in writing. with' th' the city clerr of said `-own of Port Orc_ srd within twee `; days of the date of this ordinance and if said acceptance is not filed as aforesaid, then this ordinance .snail be null and void. _. .7ection 14. That if said grantee, his successors or assigns, a shall fail, neglect or refuse to comply with any of the terms, conceit io::: covenants and -:-.rov i s :ohs of this ordinance, then all rights hereunder be shall be forfeited, and this ordinance and a.7.1 the ri.�--hts, privileges and franchise therein granted may be revoked and. annulled by the town ac council of said Town of Port Orchard. Section 15. This ordinance shall be in force and. effect from anc_ a' after its passage, approval and five days after its puhli cati on if approved hT the mayor; if not a r. oved by the mayor it shall tare affect as provided by law. Passed by the town council of the :_o. -:n of Port ('chard. and s - proved cv p this cay of a� :�. D., 1°OQ. .:a.,rr of the '_'own of Port Orchard. t t e s t :. 35 . Clerk of the To. -"-n of Port Orchard. (First reading G ^& mac ed _< T: ;, =s cc --- V T, Wr.. C. 3adln , Oferk of the To.;n of ?c.�;, Orchard, do hereby t!at the above Ordinance is a true 1.L { rr- I'` �I'oyj' o.. Ordnance � JC> J J ;gip. l3, entitled 11kn Ordinance granting O Yi Liam D. Calier, of 3,e - me r tong Washington, i L successors and ass].6 -s t.iright t0 use tie Streets, public hig wat,Ts and alleys of the -?'Own of Port Orchard, for the purpose of erecting, maintaining and constructing a 'telegraph i ani telephone Systei:i in the Town of Port Orchard, Washington, and that ,ne P Ordinance was published according ai�ov J y to law.��,/��G� ;irk.