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HomeMy WebLinkAbout0785 Am Srdinanee granting a ~ranchise to Place and Maintain upon the Sidewalks. Streets, Alleys and Public Grounds of the 'Oity of Bremerton, State of Washington. Oertain Btreet Waste Receptacles, and to ~isplay Proper Advertising Matter Thereon. B~ IT ORDEINED BY THE 0ITY 00~SSION OF THE 0ITY OF BREI~ERTON, STATE ~ WASHINGTON: Section 1. The City of ~remsrton, State of Washington, hereinafter referred te as the Oity, for the purpose of keeping its sidewalks, streets, alleys and public grounds free from waste paper and street litter, by providing, for the use and convenience of the public, sanitary, attractive, convenient and suitable street wast receptacles thereon, and for the 'further purpose of providing some revenue towards d~fraying the e~pense of disposing of such waste and litter, hereby em- powers and duly authorizes, and grants the right and franchise to Emerson W. Warner, of Beatltle, Washington. his heirs and assig~s..~lherein~fter referred tn as the Grantee, for and during the term of five years from the date m~ this ordinance takes eff$ct, to Place and maintain upon the sidewalks, streets, alleys and public grounds of the 0ity street waste receptacles of the make known as the "Warner '~A~lverti'sing Gabinet and ~aste Receptacle", according to the sample thereof heretofore submitted to this 0ommission and the photographs thereof on file with the Oity Olerk, or of any other make that may hereafter be proposed by the Grantee t~, and be approved by. the City Commission. and to display proper advertising matt. thereon, but all upon the express conditions hereinbelow set forth, towit: ORDINANCE NO. ?85 (Oont'd) ~ 1. The City, for and during the life of the franchise, shall have the complete, exclusive and free right to use where located, for the purpose of collecting and disposing of any and all kinds of street waste of litter, each and all of the receptacles that may be so installed. E. The Grantee, for and during the life of the franchise, shall without cost to the City,'upon each of the receptacles, display on each of the tw~ gable ends the words "Por ~¥aste" and on the waste receiving door the words "Drop ~¥aste Here", or such other words or or, ers to the public that the Oity Oommission may desire, and in such form. size and style as it may desire. ~. The Grantee, for and during the life of the franchise, shall, without cost to the Olty, keep all of the receptacles, and all advertis&ments thereon, including the said words or orders of the City Oommission, in good condition and well and attractively painted and neat appearing. 4. The Grantee, before displaying any advertisement, shall procure or be possessed of the advertiser's license that is now or may be required by the City of all advertisers. 5. The Grantee, for and during the life of the franchise, shall pay to the City monthly in advance Twenty-five cents (25 ctsi per month for each receptacle placed upon the streets, avenues or public graounds of the City under this franchise, and such amounts shall be paid into the City Garbage Pund towards pay- .lng the e,,pemse of having said receptacles emptied. 6. The Grantee shall not display upon any of the receptacles any vulgar, improper or objectionable advertising matter. ?. The ~rantee shall not display upon any of the receptacles any advertise- ment of any person, firm or corporation engaged exclusively in a retai~ business in any ether city that has no place of business in this City, or which conducts its retail business principally or largely by means of peddlers, solicitors, catalogues or mall, unless permitted to do so by the City Co~mis~ion. 8. The ~rantee, unless o~herwise permitted by the ity ommission shall place and maintain the receptacles only upon the outer edge of the sidewalks, and only at or near the street intersections in the business terminals, or at or near parks, places of public resort, schools, churches or public buildings, and only in such manner as will not interfere with or discommode the public in the free use of the sial&walks, streets, alleys or public grounds of the City. 9. The Grantee, unless otherwise permitted by. the ~ity Commission, shall not place or maintain more than two of the receptacles at or near any of the said street intersections nor more than one at or near any of the other abome mentioned places, and shall, if two be placed at or near a street intersection, place and maintain them diagonally opposite one another. 10. The Grantee shall, within ninety days after this ordinance takes effect, place at least ten of the receptacles in the business section of the Oity, and maintain them there during the life of this franchise. ll. The Oity, at any time after ninety days from the date this ordinance takes effect, may install a waste receptacle of any make at andy and every place where at the time the Grantee shall not have one installed, so ~hat it may meet all possible requirements ~f the public in disposing ~f its waste or litter. 12. No assignment of this franchise shall be valid unless it be in writing and executed and acknowledged by the Grantee before a Notary Public and a dupli- cate thereof filed with the City Clerk. 1J. If the Grantee shall fail to make any payment or to perform or keep any ~f the conditions above mentioned, within the time provided therefor, and such failure shall continue for a period of thirty days after a notice in writing setting forth &he condition broken and the details or particulars of the non- observance thereof, and demanding the observance thereof, has been mailed to him by the City Clerk, upon an order so to do by ~he Oity Commission, at the Grantee's present address of 514 Hogs ~uilding Annex, Se,tile, Washington, or, if a later ad- dress for the purpose be filed by the Grantee with the City Clerk, then at such later address, then this franchise shall be terminated, and the ~rantee shall for- feit all rights and privileges hereunder, and forfeit all payments t-hat may have beem made hereunder as liquidated d~nages, and the Oity may remove and dispose of the receptacles in any manner it may see fit, without any liability to the Grantee for any damages t~ the receptacles or to his advertisin~ matter business or for the value thereof, if they be not sooner removed by the ~rantee. Section 2. The Grantee shall not be required to dispose of any of the. waste or litter that maY be deposited in the receptacles, but ~he same shall be emptied by the Garbage Departmen~ of the City at least ones a. week and oftener if the service requires it. Section 5. This Ordinance shall be in full force and effect thirty ~0) days from and after its pasage and publication as provided by law. City ommission, signed by the Mayor and attested by the Oity Cler~ PASSED by the in aut~aentication of such passage, this 9th day of April, A. D, 19E4.