HomeMy WebLinkAbout0853 AN 0RDIN~CE, Granting to L.L. Lent, h~s successors and assigns, the right,
orivilege and a~thority to lay down, maintain and operate pioes and conduits
in certain streets, alleys and public olaces in the City o£ Bremerton for
the transmission of steam and water and to thereby transmit and deliver
staam and hot water for the use thereof, and to charge and ~ollec~ reasonable
rates, tolls and compensation ~herefor:
THE CITY 0~ BEEi~RTON DOES ORDAIN AS ~0LLOWS:
Section l~ That ~here be and hereby is granted unto L.~.I~en~, his
euccessors and assigns, the right, privilege and authority to lay down.
mainain and pperate in and alon any and all of the s~reets, avenues, alleys
and other public places within the City of Bremerton, oioes and conduits
for the ~urpose of c~nducting and transmitting staam and hot water for the
heating of buildings and for heat and s~eam in any form, or for any puroose.
Section ~: That ~he Erantee herein, before making an~ excavation
in any of the streets, avenues, alleys or public places ia said City sh~ll
file with the department of Public Works of said City a plan showing the
Streets, avenues, alleys or other public places or p~r~s thereof, and the
particular part thereo~ that it desires to occupy, and said grentee shall
not have authority to proceed with any of such work until the Deoar~ment
of Public Wo=ks and the City Commission of the City Bf~B~emerton shall
have approved such plan, either as presented, as by him or the City
Commission modifird or a~nended, and shall h~.ve granted~J a permit ~herefor,
and a liability bond pro~ecting the City against any and all damages, shall
be filed with the City Clerk in such amount as the City Commission shall
deem proper at the time of §ran~in~ such permit.
In prosecution of the work of laying down such pipe, the gran~ee
herein shall not make excavations in any streets, avenues, alleys or public
olaces, for a distance exceeding three $~) b$ocks at a time, and upon como-
leting such work, shall leave such streets, avenues, alleys and public
pla~es ia aa good repair as the same were before making excavations; and if
the grantee shall fail so to do, the City of Bremerton shall have the right
to put such stree~, amenues,alleys and~public pla~es in as good rePair
as ~hey were before the ma~ing of such excavations and the cos~ and expense
therefor shall be charged to said gran~ee and promotly repaid by said grantee
[upon the presentation of an itimixed and varified statement of costs thereof
and shall be a l~n upon all the property of said grantee.
0RDINANOE N0.853 i Continued)
All.~ excavations to be made shall be carefully guarded so as
toprevent accideht and there shall be kept along said works signs during
the day and lanterns during the dight, claarly indicating by whom said
work is being done. The City o~ Bremerton shall not be liable for any
damage that mey, for any cause, result from the layin~ down and operation
of such pipes, but said grantee, ists successors or assigns, shall save
and ~eep said City free free and harmless from any and all,damages and
should any final Judgement be recovered against said City on account of
such damage, ~aid grantee shall pay to the said Oity the same within
sixty 160) days after being notified in writing so to do by said City
and the failure o~ said grantee to make such payment within said period
of sixty 160) days sahll be ground for frofeiture all the rights and ~
privileges granted,thereby; provided, said City sah~l in,any suit
brought against it on account of s~oh damage, and before the trial of
such s~it, give written notice to said grantee of the pendenae of the
same.
Section 3; Said pipes shall be laud down in such a manner as not to
interfere with the sewer and water pipes, gas mains, telephone ee
or twlegraph conduits, or any of the pipes in said City, or with any
pipes that have been laid down theretofore in said streets, avenues,
alleys or other public places uhder the authority of the City, and the
system of pipes to be laid down by ~he grantee thereunder shall be
firs~-class in every respect, and the said grantee, its successors and
assigns,shall have the right to charge and collect reasonable compensation
from all persons and corporations to w$om it shall furnish steam, water,
heat o~ any of the purposes a~thorized by this ordinance.
Section 4;The rights and privileges and franchise herein granted
ahsll tontine and be in forced for the term of thirty [30) years from
the date of the adoption of the ordinance.
Section 5; In consideration of the rights herein granted, said
grantee, its successors and assigns, agree to pay to the City of Bremerton
annually the sum of money equal to one-half of one per cent of the gross
earnings from the pperation of and the sale of ~he products of the pipe
lines herein mentione~, this payment to be made on the sworn statement of
the grantee, its successors and assigns, to be filed with the City
Treasurer, or any committes appointed by the City ~ommissioners for that
purpose, and the City Treasurer, or any committee appointed by the City
OEDINANCE N0.8~3 (continued)
Commission for that purpose shall have the right to examine the books of
the grantee; its successors and assigns, and varify the correctness of said
statement and to correct the same if foun$ erroneous, and if said statement
shall be corrected, then said payments shall be adjusted upon such corrected
statement.
Section 6; The City may purchase and take bver to itself from the
grantee, its heirs, successors or assigns, all of the ~roperty and plant
operation under this franchise at the expiration of this franchise, the
value of the property and plant shall be determined by a committee of three
and their valuation mhall be final, the committee shall be citizens and
tax payers of the state of Wahsington and shall be selected as follows;
One by the City Commission, one by tile gran~ee, its heirs or assigns, and
one by the two so appointed, said committee shall make its final report
to the City Commission within three months from the date the commissiom
appoints the City upon the report of said committee and the payment ~ The E
City of Bremerton to the grantee, its heirs and assigns, the amount equal
th the valuation set by said committee, all rights and property of every
nature operating under this franchise shall be the property of the Oi~y
of Bremerton without the execution of any instrument of conveyance,
Section 7; This frahchise shall become effective upon adoption of this
ordinance and publication thereof as reqiired by law, and upon the filing
by the grantee in the office of the City Clerk within forty [40) days
after the adoption of this ~rdinanoe, of a written acceptance of the same,
and failure on the part of the geantee to file such written acceptance
within said time shall be deemed as an abandonment and rejection of the righ{
and privileges conferred, and this ordinance shall thereupon be null and
void.
Section 8; A failNre bo comply with any of the provisions or conditions
herein, or any provisions, restrictions, or limitations herein within
sixty (60) days after the service of the notice to comply with any such
provisions, restrictions or limitations made and served by order of the
City Commission upon the grantee hereof, or its successors or assigns,
s~all authorize the City Co~amission to declare by ordinance an immediate
f~rfeiture of the franchise and the City 0ommission may may in such case
declare and enforce such forfeiture.
ORDINANOE NO.853 (continued)
Section 9; The grantee herein shall commence pperation under this
0r~inance ~ithin thirty (301 months after the acceptance of this ordinance
and a failure to commence such operations shall be and constitute an
abandonment of said franchise.
PASSED BY THE CITY 0~,E~fISSION th~ 3~rd. day of November. 1926 and
approve~ by me ~%~~~~z~ //
At,est;
Oit~ Clerk
Filed in final form for public~,Inspection
in the office of the City Clerk, this 2~th. day of October, 19~8,