HomeMy WebLinkAbout0850 ORDINANCE NO. 850
AN ORDINANCE, granting a franchise for the construction,
operation and maintenence of a toll bridge over Port Washington Narrows,
within the City of Bremerton, in the County of Kitsap and State of Washington~
unto W.E.Buell, his heirs, executors, administrators and assigns,
under the authority of and pursuant to the laws of the State of
Washington and Ordinances existing, given unto the said City of Bremerton,
a municipal corporation of the said State of Washington;
AN ORDINanCE by the City Commission of the City of Bremerton of
the S~Ate of Washington, and accordingly be it ordained by said City
Commission, as follows:
~ Sectiom l; That the authority, right and privilege to construct,
operate and maintain a toll bridge over and across Port Washington
~arrows, a navigable waterway, within the Said City of Bremerton, in
~he State of Washington, with the termini upon private ground, as follows:
ihe Westerly terminus will be within and upon a strip of land one
hundred (lO0) feet in width laying immediately North og the North line of
Sixth St ~nd extending East from Washington Avenue down to the low water
line, all in the City of Bremerton, State of Washington, and the Easterly
terminus will be within and upon lots Nine (9) and ten (lO) Block Two (2)
of Benders addition to Deactur, as shown by the plat thereof on file and of
record in the office of the ~uditor of Kitsap County, State of Washington,
and in what was formally Manette and now is a pm~t of the said 0i~y of ~
Bremerton, and to construct, operate an~ maintain the necessary ground and
~~$~dstructural approaches thereto and therefor, including proper toll houses
gates and other appurtenances, and to connect such bridge and approaches
with the public streets and highways of and in said City of Bremerton, ~he
brid~e and approaches to cover sufficient territory for properly
ORDINANCE NO.8§0 CContinued)
constructing, operating and maints~k~g the bridge and approaches for general
use for the public, all subject to conditions and upon~ the terms hereinafter
specified, is hereby and by this instrument given and granted un~o N.E.Buell
a citizen of the Btate of Washington, residing in the City of Seattle,, his
heirs, executors, admiaistr~to~s and assigns, but the terms and conditions
upon which the slid franchise is granted, including all hereinbefore
forth, are as follows;
Section 2; That said Franchise shall continue and be in full'force
for a period of fifty (501 years from and after the date upon which it is
granted by the said Commissioners unless sooner terminated by reasons of the
provisions herein, The laws of the State of Washington, The lawful Drdinances
of~the City Of Bremerton, or by agreemen~ made.
Section 35 That said bridge, the ground and structural approaches
thereto and the necessary s~c~ures required therefor, shall consist of
such material, and in form, plan and manner as shall be determined by the
grantee, with necessary and suitable piers or abuttments, of such type
and character as m~y be deeme~ suitable for the requirements of public
travel and navSg~tion on the public waters, of such length as may be necessary
with reasonable ground and structural approaches to connect with ~he public
highways or streets in said City, With a roadway not less than eighteen
~18~ feet in width, and with suitable clearmnces to meet the requirements
for navigation at the point of location, and ~he work of construction must
begin within one (l~ year from and after the d~te that. proper permits shall
be obtained from ~he United States Govermment for the construction
and ppera~ion of ~he bridge and legal title obtained by the grantee for
all necessary rights of way over public ~nd private property, and then be
reasonably and deligently prosecuted, and must be completed and open for
use within two ~2~ years from and after the d~y of cim~encing the c~n-
strutting.
Section 4; That the schedule of tolls to be charged, and which the
said grantee, his heirs, executors, Administrators or assigns may charge,
until revised or charged by proper legal a~thority, shall be as follows:
ORDINANCE N0.850 (continued)
ITE~
1. Pedestrians, each person,,,,,. ................ ...... SO. 10.
2. Bicycle, including rider,each ................ ''''''.S0.10
5. Saddle horse, including rider, each ........... ii[iii.S0.10
4. Each person except driver riding in a vehicle .$0.10
NOTE:Children under ten (10) years, when accom-
panied by parent or guardian, free, but
children over ten (10) years full fare, and
books each containing fift$ i50) tickets for
persons walking or riding in a vehicle, shall
be sold for $3.75.
LIVES TOCK
5. one animal,driven, led or ridden, of cattle,
goats,hogs,horses, mules or sheep, including
one person, each ....... , ................ , ...... . .... S0.10
6. For each additional animal to item 5 and not
over ten (10) head, each........- .................$~.05
7, ~or each additional animal to'item'8'''''''''''''''.~0.0E
S~I~ PROPELLED VEHICLES
(incl~d$_ug driver only)
8. Motorcycles .... . ........ . ............ , ........... ..$0.25
9. Passenger vehicles, including light rubber
tired two-wheel trailer attached .... ~ ..SO.BO
10. Trucks, not over one ton.. ......... ,iiiiiii!iii!ii..~0.§0
ll. Trucks over one ton, not over 2 tons ..$0.?§
12. Trucks, overE tons not over A tons .... $1,00
lB. Trucks, over A tons not over 5 tons. .
NOTE: For trucks over five tons rating (Tractors not listed)
and auto stages, special rate, will be made not to
exceed $10.00
TRUCKS AND TRAILERS
lA. Trucks, not over i ton and E-wheel trailer. ...... ... ~0
l§. Trucks over I ton and not over 2 tons, and
E wheel trailer '$1 00
18. Trucks, over E tons ~nd not over A tons and
E wheel trailers ~l
l?. Trucks over A tons and not over 5 tons and
E-wheel trailer .................................... .$1.50
18. Four-whe~l trailers- take same rate as trucks
of e~ual capacity.
TR&0TORS
19. Tractors and tramtion engines, ~ tons each.. ,~l.O0
£0. Tractors and traction engines, ~ tons each..ii!i!!i.SE.00
21. Tractors and traction engines, l0 tons each. .$5.00
~B. ~arm machinery in tow, per vehicle,... .......
SJ. Trailers, except farm machinery, special rates.
HORSE-DRAWN VEHICLES
E4, Vehicles, including farm machinery, ~rawn by
one harse ........................................... $0.20
25. Vehicle, including farm m~chinery, drawn by
two horses ......................................... .$0.25
26. Vehicle, including farm machinery, drawn by
four horses ...... ''':"' -"f:"''''~'~;::.:::::::~:1550
vehicles, including arm'mac nery,
28. Additional horses in team, in excess of four, .......
each ................................................ $0.05
RULES
RULE l:Crossing will be refused t~ traffic
weighing in excess of twenty (20)
tons per vehicle.
ORDINANCE N0.850 {0ontinued)
2ULE ~;Crossing will be refused to trucks,
tractors or other vehicles that are
~ ~,~'~*~,LcOnatructed or havi~ attachments
so that they will underly or unraason-
ably damage the floor of the bridge,
unless the drivers or owners of such
vehicles remove any detachable lugs
or unusual devices or attachments or
suitably protect the floor by vrovid-
lng temporary plank protection in
making such eros ings.
Section 5; That the said bridge, together with the rights of way,
equipment, appartenances and ~tl!other rights pertaining thereto or belonging
to the/ grantee, may at the pp~ion of the said City of Bremerton, be
purchased and taken over at ahy time after the completion thereof, upon
pmyment to the owner of the franchise at the time, in gold coin Of the United
States, the reasonable value thereof at the time of the purchase, provided
that said option shall be exercised by a resolution passed by the Commission
of said City. and payment in cash as aforesaid, made before possession is
given.
Section 6;That all public service corporations shall, when feasible
practicible, be entitled to use said bridge, upon paying to ~he grantee
herein a reasonable fee or compensation thereof..
Section ~; That the sa~d grantee shall at all times keep said bridge
and all approaches thereto in good repair and condition and shall, before
opening said bridge for public use. deposit and keep in fleece a good and
sufficien~ bond. with surety thereon, for'the sm~ of five thousand dollars
~$§000.00). ~onditioned that the said gran~ee shall keep saRd bridge and all
approaches thereto, at all times, in goo~ repair and condition, and will,
at all times, save and keep the City of Bremerton harmless from all damages
by reason of the operation and maintenence og said bridge and approaches;
Section 8; That upon~the failure of the owner of ~he said bridge
to comply with the terms and conditions of this franchise, the same may be
forfeited and ~erminated and the said bridge shall then become the property
og the said City of Bremerton and upon the failp~eoof the said owner to
comply with any conditions herein contained, then the sail commission.
by order of resolution, after notice to the owner of failure to comply,
shall fzrfei~ and terminate this franchise and appropriate ~he said bridge,
!but the owner of the franchise shall have a period of Sixty [60) days
within which to comply with said order or resolution and to correct or
change that which might cause a cancellation of the franchise otherwise,
and if compliance is made no cancellation shall be allowed, and any action
takenshall not preclude either party to this franchise from appealing
ORDINANCE N0.850 (Oontinuedl
to the courts for redress or aid if they deem themselves aggrieved, an~
while said appeal is pending the grantee shall remain in possession of
and pperate said bridge, as theretofore done.
Section 9; That said bridge shall be kept open at all times for public
travel except ta~ when it may be necessary to temporarily close the same
for required repairs, or Sb~ fro any other reason which ma~ for the time
being necessitate the closing of the bridge, but is closed for such reasons
the bridge must be speedily and as somn as possible again opened for
public travel unless the same may be destroyed by a casualty beyond the
power of the ~older of the franchise to prevemt,
Section 10; That the said grantee herein may ahd shall, within the
terms thereof, freely deal with, sell, assign, encumber, lease, or transfer
this franchise, all rights obtained or acquired thereunder, together with
all structures, property, interest in property, privileges or rights made,
obtained, enjoyed or acouired under the ~ovisions of the terms hereof, or
the law bearing thereon, or growing thereon, to any person or corporation,
and freely deal with, handle, encumber and dispose of the same and all
property and rights acquired, but the franchise shall not at any time be x
amsig~ed~e any~Ne.r~on or corporation without filing notice ~herof with
the City Clerk of the Said City of Bremerton, said notice to be filed within
ninety [901 days after its execution.
Section ll; That in the event that the grantee shall for any reason
beyond his control, be prevented or prohibited from performing or accomp-
lishing any part of the franchise requirements, then the time for preform~nc~
shall be automatically extended equivalen~ to the period of such prevention.
Section 12; That wherever the name "Grantee" occurs in this franchise
i~ shall ~xten&~'~2~o~nd be for the benefit of and include the said W.E.Buell
a$~,, or Sis heirs,executors,administratOrs and assigns, or any thereof.
Section 13; tha~ this Ordinance shall not take effect and be lNff~fO~
enforced until it has first been passed as prescribed by law, published in
the official newspaper of the City of Bremerton for the requisite time at
the expense of the grantee and submitted to the electoes of the C~ty of
Bremerton at an election to be b~ Ordinance or resolution properly called
and provided therefor byhthe City Commission of the City of Bremerton in the
State of Washington, where and when a vote shall be taken thereon by the
electors, and in a majority of the electors voting upon the question at said
election shall vote for the adoption of th~s franchise,
OA~I~ANO~ ~0.8~0 (continued}
then it shall be and remain in full force and e£fect, but if the majority
of electors voting upon the question at such election shall vote against the
same, then it shall be of no force and effect.
Section lA; That all officials and employees of the City of Bremerton
~ogether with their vehicles and appratus shall, when in the discharge of
their duties, at all times be c~rried across said bridge without the payment
of any tolls for the transportation, including the return to headquarters,
conditioned that this provi~ion shall not be found in conflict with the laws
of the State of Washington and in which event it will become void. and that
the City o~ Bremerton i~ hereby given the right, without toll or other
carrying charges, to construct and lay one (1) metal pipe line, not exceeding
twelve ~lEl inches in di~neter, to be carried over, under or beside said
bridge and attached thereto, to carry water across said ~or~ Washington
Narrows, The said pipe line to be placed in such manner and way as shall
be approved by the grantee and to have placed thereon so that the s~me may
be used upon or near the roadway of said bridge,, fire plugs for the conn-
ection with the usual hose used in fire protection, not more than four hundred
~A00) feet apart; provided, ~h~t the cost of such ~ipe line and its install-
ation shall be paid by the said City of Bremerton.
PASSED by the City Commission of the said City of Bremerton in r~-
gualr session assembled and approved a~d signed by the mayor and attested
by the C~kClerk in authentication thereof, this ETth, day of October,
' ~ ' ~ayor
A~test:
( //' City Clerk
~iled for pub-lie inspection in final
form October ~0, 19~6