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HomeMy WebLinkAbout1272 ORDINANCE NO. 1272 AN ORDINANCE req~ring any person, firm or corporation using or desiring to use the streets, alleys, avenues, public grounds and places, or any part thereof, within the City of Bremerton, for the purpose of carrying on or engaging in a general telephone and telegraph business, to obtain a permit therefor and to pay an annual rental charge for said right and privilege; fix- ing the amount to be paid therefor, the time for payment and providing penalties for the violation thereof. THE CITY COMMISSIONERS OF THE CITY OF BRENERTON DO ORDAIN AS FOLLOWS: Section 1. That any person, firm or corporation, using or desiring to Use the streets, alleys, avenues, public grounds and places, or a~y part thereof, within the City of Bremerton, for placing thereon or thereunder appliances or apparatus for use in the conduct of a general telephone and telegraph business within ~aid City of Bremerton, shall obtain a permit therefor, which permit shall be issued by the City Clerk of the City of Bremerton upon payment to the City Treasurer of the City of Bremerton of the su~ of $1000o00. Section 2. The said permit shall authorize and allow the said person, firm or corporation, its successors and assigns, to commence or to continue the maintenance and operation of its telephone and telegraph business in the City of Bremerton, and to commence or to continue for such purposes the use of the streets, alleys, avenues, public places and public grounds with its poles, wires, cables, underground conduits and all other appliances and apparatus necessary therefor; such wires, cables and other appliances and conductors may be strung on poles or other fixtures above ground, or at the option of the permittee, its successors or assigns, may be laid underground in pipes or conduits or otherwise protected, and.such other apparatus may be used as may be necessary or proper to operate and maintain the same; providing however, that whenever such wires, cables and other appliances and conductors be laid underground in pipes or conduits or otherwise protected, the said permittee, its successors and assigns shall furnish said City of Bremerton one duct in its main underground system, excluding pipe or ohher conduit dips connecting one pole with another, or two pairs of wire in underground cable, free of charge to said City of Bremerton, to be used for low tension police and fire alarm purposes, the permittee having the option as to whether two pairs of wires shall be given or a duct in the underground system; providing further, however, that the said City of Bremerton shall in its use and maintenance of such fix- tures, wires or ducts, comply with the reasonable plans and rules of the permittee, its successors and assigns, so that there may be a minimum of danger of contact between the fixtures, wires or ducts, and the fixtures, wires, cables or ducts of the said permittee, its successors and assigns, nor shall the wires of the said City of Bremerton be unduly exposed to,reign electrical current in excess of five thousand volts, and providing further, that in case of a re- arrangement of said p~ant, the said City of Bremerton will at its own expense care for its own fixtures, wires, and construction, and provi~ing further; that the said permlttee shall have no liability whatsoever, either to the said city, or to any person, firm or corporation whatsoever for any damage or claim of any kind arising out of the construction, maintenance, operation, removal or presence of the equipment herein described and to be used by the city solely in maintaining the efficiency of its fire alarm system and police force. Section 3. It shall be lawful under such permit for the said permittee, its successors and assigns, to make all needful excavations in any of the streets, alleys, avenues, thorofares, public highways and public grounds and places in the City of Bremerton, for the purpose of placing, erecting, laying, maintaining, operating, repairing, removing, or replacing poles, conduits or other supports or conductors for said wires and cables. Said work performed under this permit shall be done in compliance with the rules, regulations, ord- inances or orders which may be adopted from time to time by the City of Bremerton. Section 4. Whenever the permittee, its successors or assigns shall disturb any of the streets, alleys, avenues, thorofares, public highways or public grounds, for the purpose aforesaid, it or they shall restore same to good order and condition as soon as possible without unnecessary delay; and failing to do so, the City of Bremerton shall have the right to fix a time which shall be reasonable within which such repairs and restoration of streets shall be completed, and upon failure of such repairs being made by said permittee, its successors or assigns, the City of Bremerton shall cause such repairs to be made at the expense of said permittee, its successors or assigns; providing, however, that said permittee shall save the City of Bremerton harmless from any and all damages or claims arising out of or in any way connected with such excavations or distn~bance of Said streets, alleys, avenues, thorofares, public Ordinance No. 1272 (cont) highways or public grounds, or the maintenance of said permittee's appliances and fixtures ther$on, thereunder or thereover. ~ection 5. Nothing in this ordinance shall be construed in any wise to prevent the proper authorities of the said City of Bremerton from sewering, grad- ing, planking, rocking, paving, repairing, altering or improving any of the streets, alleys, avenues, thorofares, public highways or places within said City of Bremerton,~in or upon which the poles, wires or other conductors of said permitteei, its successors or assigns,shall be placed, and in the event it shall become necessary that the poles, wires, cables or other apparatus of said permittee shall be moved in order for said City to carry out such work or improvements, said permittee, its successors or assigns shall move its poles, wires, cables and other apparatus at its own expense within a reasonable time after notice of such proposed work or improvements shall be given to said permitte by said city. Section 6. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables, wires or other apparatus of said permittee, which have been placed or which are operated and maintained under permit issued by the City of Bremerton under this ordinance, to permit the passage of any building, machinery or other object the said permittee shall perform such rearrangements on not less than seven (71 days' written notice from the person or persons desir- ing to move said building, machinery or other~obJect. Said notice shall bear the approval of the engineer or such other official as the Commissioners of the City of Bremerton may designate, shall detail the route of movement of the build- ing, machinery or other object, shall provide that the costs incurred by the permittee in making such rearrangement of~its aerial plant Will be borne by tho person or persons giving said notice only in the event the moving of said build- ing, machinery 0r other object requires more.than 24 feet of vertical clearange, and shall further provide that the person or I~ersons giving said notice will indemnify and save permittee harmless of and from any and all damages or claims of whatsoever kind and nature caused directly or indirectly by the moving of said building, machinery or other object. Section 7. Whenever it becomes necessary to trim trees in public streets or places for the proper operation of the lines and conductors of said permittee, such trimming shall be done by competent employees of the permittee upon the granting of a permit by the City. Section 8. That from and after the date the permittee, its successors and assigns, is granted a franchise to occupy and use the public streets in the conduct of its telephone and telegraph business, all requirements and obligations imposed by this ordinance upon the said permittee shall terminate and cease, providing however, that such permittee shall not be entitled to have refunded to it any sum of money, or any part thereof, which shall have been paid to the city of Bremerton pursuant to this ordinance. C ~~m ~000.00 shall be paid to the City Tre~u~r~e~c£~e ity of Bremerton, bY~~ ~~_r c~D~a-t~i~,--~ow-U~T~-'~ public streets in the con~uc~_~f~a_.~el-e~hon-e~'~-~-e~-e~r~p~,-~o~er than five ( 5 ) ~ys~ft~e-~-'t~is ordinance shall be in full force and effect. Section 10. From and after five (5) days after this ordinance goes into full force and effect, any person, firm or corporation using the public streets of the City of Bremerton in the conduct of a general telephone and telegraph business, shall, in addition to paying the City of Bremerton for a permit for said right and privilege, and as additional consideration therefor, furnish, install and maintain, without charge to the City of Bremerton, for local service, sufficient business individual line handset telephones, not exceeding twelve (12) in number, to provide with such telephones all departments of the City of Bremerton, the expense of which is paid out of the current expense fund of the City of Bremerton, for the exclusive use of said City of Bremerton, for strictly municipal purposes, at such locations within the corporate limits as may be designated by the Commissioners of the City of Bremer~on. Section 11. In further consideration of the rights an~ privileges hereby granted the owner of a permit under this ordinance, the said permittee, its successors and assigns shall pay on the 30th day of June, 1939, and annually thereafter, to the City of Bremerton, two per cent (2%) per annum of its gross exchange service receipts, derived from telephones located within the limits of said City. Such annual payment of said two per cent (2%) shall be an a~vance payment for'the continuance of the privileges herein recited, from the 1st day of July of each year, to the 30th day of June of the succeeding year, which annual payments shall be based upon the gross annual exchange service ~eceipts derived from telephones located within the limits of the City of Bremerton for the preceeding calendar year. Ordinance 1272 (cont) SeCtion 12. If any pr~vision or Section of this ordinance shall be held void or unconstitutional, all other parts, provisions and sections of this ord- inance not expressly so held to be void or unconstitutional shall continue in full force and effect. Section 13. Any person, firm or corporation, and the manager of any person, firm or corporation, f&il~ng to comply with or violating any of the pr&vi~ons of this ordinance, shall be guilty of a misdemeanor and shall be punished by a fine of One Hundred ($100.00) Dollars and by imprisonment in the city jail for thirty (30) days, and after any such failure of compliance or violation of the provisions hereof, shall have existed for a period of ten (10) days, the contin- uance of such failure of compliance or violation shall be deemed a separate offence. Passed and approved by the City Commission of the City of Bremerton, signed by the two of the three City Commissioners and attested by the City Clerk in authentication of such passage, this fourth day of ~arch, 1939. City Commissioners Attest: ~bove date. City Cler~