HomeMy WebLinkAbout0492 ~N 0RDIN~NCE granting to Gustaf ~. Rust, his ~ssociates, successors and
assigns, the right, power and authority to construct, maintain and operate an
urban or in'terurban railway with all necessary appurteSances and equipments there-
for, in, along, upon, over and accrdss the streets, avenues, alleys and highways
and public pl~des of the City of ~remerton; providing the time within which the
s~ne shall be completed; the terms and conditions upon which saidstreets, avenues,
alleys, highways and public places shall be occupied; the pro~ection the eof;
providing for the taking, ~sing and paying for electrical energy to be supplied
by the s~d City of Bremerton to sa~d grantee, his associates, successors and
assigns inthe operatio$ thereof and for the suimission of s~id grmnt to the
qualified electors of the City of Bremerton for their ratification and approval.
The City Coumcil of the City of Breme~ton do ordain a s follows:
Sec. 1. That therebe and hereby is, gr~nted to the said gustaf ~. Rust,
his associates, successors and assigns, the right, ~rivilege and authority to
locate, lay down and maintain tr~cks, conduits, and all necessary equipment of
every sort, character or nature, and to locate, place and strL~g wires for an
urban or interurban railway, and ~o construct, ~mintain and oper~te an urban
or interurban r~ilway wiShtn the City of Bremerton and its environs, in, along,
upon, over and ~ccross the stree~, ~venues and other thoroughfares or publi~:
highways of said City, and to c~rry passengers, mail and freight thereon, and
to charge and collect fares and froight rates therefor, and to enter upon any
and all of the streets or parts of streak, ts, avenues, alleys, or other thor-
oughfar~s of said City, subject to the approval of the City Council for the
purpose of constructing, erecting, locating, maintaining or repairing all track~,
poles, wires, conduits, equipment or other property of every sort, kind or n~ ture,
and of operating said urban or interurban railW~m.~y, or any ~art thereof, for any
and all purposes contemplated by the provisions of this Ordinance.
TSe construction of said urban or interurban r~ilway shall be completed
and the actual operation thereof begun within three years from and ~fter the
date of the passage, approval an~ publication of this Ordinance and may be a
single, double, or part single and part double track, and any par.t of s,?,id rail-
way may be changed at any time from a single to a double ~rack at the option of
the sa. id grantee, his associates, successors, or assigns. It shall be of stan-
dard gauge, and when single tracks are laid they shall be laid upon one sid e of
the center of the street, avenue or highway, ¥,,ith the inner rail not less than
two-and one-half 12~) feet, or more than three and one-half (3~$ feet from the
center thereof; double tracks shall be laid as nearly e~ui-distant from the cen-
'ter of the street as practicable, and not l~ss than thirte'en (13~ feet, nor mpre
than fifteen Il5) feet from center to c~nter ef said tracks, Switches turn-outs
and cross plates may be located whereever necessary or convenient, subject to
the approval o±' the City C~mcil. ~here the tracks herein provided for cross
those of a railroad, or other urban or interurban railway, the rails of each
shall be sd cut or mitered so that the cars of each may pass without obstruction.
Sec. 3. Rail~, switches, curves or cros~ plates shall be of such pattern
as are in general use for the same purposes, and they shall be so laid that their
upper surface shall conform as nearly as practicable to the established grade
of the street, where the same ha~ been b~ought to grade, the upper surface of
the rails shall be constructed to the est~blished gr,-Se so they conform as nearly
as practicable to the actual surfa~_:e of the streets and shall offer no more
obstruotion to the crossing of vehicles than can reasonably be avoided.
Sec. 4. It is hereby expresse~y provided that any such railway track shall
be so laid down, that all damage which hhall be occasioned thereby to abutting
property sha~l be ascertained and comp~msated for by said Company in the man,er
provided by the N~ws of the State of ~¥ashington and the 0 rdinances of the City
of Bremer ton.
Sec. 5. Upon the completion of any construction or repai~ of said urban
or interurban railway, the streets upon which said con~. truction or repair shall
have been ma~e shall e left in as good a condition as they were before the com-
m~ncememt of such construction or repair.
Ordinance N~ 492 Cont'd. d~_~.~
Sec. 6. An~ and all poles are to be of wood or ~etal, their location and
height to be subject to the approval of the City Council of the City of Bremer-
toh. The City of Bremerton hereby grants the right to the said gray, tee. his
associates, successors or assigns, to attach the trolley wires upon wires sus-
pended from any poles, or series of poles, within and upon the streets, avenues,
alleys, highways or other public places within said City, which may belong to the
said City of Bremerton, the said grantee, his associates, successors or assigns
hereby reserving the right to attach and suspend his or their wires to and from
any buildings fronting upon the whihh the tracks of said grantee, his associates,
successors or assigns may be operated, subject to the consent of the owners of said
buildings.
Sec. ?. All electric current used by the said grantee, his associates,
successors or assigns, must be so cared for as to insure perfect return of the
sa~e on its own metallic conductors to prevent any damage or injury to any proeprty
of the City or iys inhabitants from such current. The City 0£ Bremerton reserves
the right to compel the said grantee, his associates successors or assigns, to
adopt a reasonable and economical method in the actual, practicable and sensible
use under similar circumstances and conditions of the operation of said lihe so
as to insure such return of said current. All equipment shall be so installed
as to interfere as little as practicable ~ith other public use of the streets.
Sec. 8. The cars used in operating said line of urban and interurban
railway shall be of approved pattern and standard equipment.
Sec. 9. The grantee, his associates, successaor or assigns, may propel
their cars over said urban or interurban railway either by gasoline, electricity
or by any other motive or meter power, except steam or horse power.
Sec. 10. Cars shall be r~uu over the various routes which shall be adopted
b~ the said grantee, his associates, successors or assigns, at such reasonable
intervals as will best serve the convenience of the said City of Bremerton and
its inh~.bitants, and as may be from ti~e to time prescribed by tile schedules of
the said grantee, his associates, successors or assigns, and approved by the City
Council o~ the City of Bremerton.
Sec. ll. The rate of speed at which the said grantee, his associates,
successors or assigns may run E~s or their cars within th,~ business and residence
section of the said City shall not exceed such as prescribed by the la'~s of the
State of Washington an~ the Ordinances of the City of Bremerton.
Sec. 12. The grantee, his associates, successors or assigns, may establish
and take a passenger toll ar fare for carrying pas~:engers v, ithin the corporate
limits of the City of Bremerton, and within one mile thereof, in a sum not to
exceed fice ~5~) cents for a single, continuous passage one way, and in the event
a transfer sh:~ll become necesaary~ such ~ransfer shall not be valid excep~ upon
the first compacting car at the point of transfer. Said transfer shall not be
transferable or ~ssignable to'any person othe'r than the one purchasing the same.
Sec. 13. The grantee, his associates, successors or assigns, shall at all
times receive transfers from any other line or lines of urban or interurb~.n rail-
ways hereafter constructed and operated within the corporate limits df the City of
Bremerton, the same to be used upon the s~me terms and conditions as herein pro-
vided, the s~ne to be redeemed by the line or lines issuein~' same at the rate of
two and one-half (2½~) cents for each and every such transfer, ~.t being understood
that the grantee, his associates, successors or assigns may issu a transfer to
any other line or lines hereafter constructed and operated within the c~rporate
limits of the City of Bremerton and such line or lines shall redeem the same at
the rate of two and one-half [2~) cents each for each said transfer so issued.
Sec. 14. Any and all school children of whatever age, going to ~nd retur-
ning from the public schools, shall have the ri~lt to demand and receive f~om
the grantee, his associates, successors er assigms, half f~re tickets or checks,
for any such passage over and accross the lines of said grantee, his associates,
succrs~ors or assigns, andsaid grantee, his associatesm successors or assigns shall
receive the same between the hours'of V:50 A. E. and 5:00 P. M. for any such pass-
age over their lines.
Sec. 15. The grantee, his associates, successors or assigns shall have and
keep on sale within the corporate limits of the City of Bremerton, and upon any
and all cars operated therein, co,nutrition tickets at and for the s~u of One (~l.00)
Dollar each, entitling puchasers thereof to not less than twenty-five ~25) rides
such tickets sh~:~ll entitle the owner to any and all /privileges to which such
passengers shall be netitled upon the pa~nent of cash fares, except theft of tran-
sfer.
Ordinance No
Sec. 18. The grantee, his associates, successors or assigns sh~ll issue
to the regularly employed police and ~l~e dep~rtmen~ force, and ~lso to any and
regulaly employe~ free delivery mail carriers within the core, ornate limits
of the City of Bre.~:~e~ton, transportation badges entitling said employees to
free tr~nportation within the corporate limits of said City, e~ within one mile
of the limits thereof.
Sec. l?. The grantee, his associates, successors or assigns shall pay
to the City ~f Bremerton the following n~med percentages from its gross receipts
for the operation of its lines within the corporate li~its of the ~City of Bremer-
ton, to,wit:
~irst: The~e shall be no percentages ?aid for the fir~t fifteen ~l~l
years from and after the date of the actual completioj oi' the lines of said gran-
t,~e, hls associates, successors or ~s~igns, within the corporate limits of
the City of Bremerton.
Second: ~or a period of flveyears thereafter, the percent~ges shall be
on,-half of one per cent ~ of 1%) of such gross receipts.
Third: ~or the period of the secon.d.' five yemrs thereafter the percentages
shall be three-fourth~ of one per cent~ of 1%) of such gross receipts.
~ourth: ~or the p. eriod of the thrid five yes,rs thereafl~er the percentages
shall be on per cent ~1%} of suo~ gross receipts.
Such percentages shall be paid o~ the first day of January of each and
every year for the year preceeding, it being understood that the said City of
Bremerton, by its proper officials, may at ~ny tithe have the right to examine the
books of ~he said grantee, his a~'~sociates, successors ,~r assigns, ~or the pur-
l~ose of ascertaining the amount of said gross receipts for any ye~r. It being
understood further th~t no other or further license or occupation tax shall be
imposed ipon s~id grantee, his associates, successors or assigns, other than
the regular taxes to be pa~d to the City, County and State as provided by law.
Sec. 18. In the event the said City of Bremerton shall at any time grade
regmade, pave, re-p~ve, or otherwise im~,'~move any of the streets, alleyu or other
highways over which the said grantee, his associates, successors or assigns
shall have cohstructed any of his or their lines, no damages shai'~l be allowed
therefor to said gr~ntee, his associates, successors or as'~.~gns, but s~id grantee,
his associates successors or ~ssigns shall so plac,~ his or their tracks or lines
as to conform to such grades, regrades, pa,~ement, re-pavement, or other improvemsnt
same to be made within a reasonable time aft r the constru~tion of such improvement
upon receiving notice thereof from the sa d City of Bremerton.
Sec. 19, In the event the lines of the said grantee, his associates,
successors or assigns, shall be laid over and accross any paved or other;~ise im-
provee street, or in the event any street, avenue, alley or other highway over
which said lines shall h~ve been laid, shall be paved, re-paved, planked, re-
planked, macadamized, re-macadamized, o~ otherwise improved~ the s~id grantee,
his associates, successors or assigns shall pave sai~treets between any and all
trac~s so laid and to a distance of one a. nd one-half {1.~i feet on each side there-
of, from time to time as the requirements of such i~rpove~nt and the City of
Bremerton shall demand, the same to be of the same or bet~ter material, and be done
and performed at the same ti~e as the City of Bremerton may provide for the im-
prove~ ~-_~t of such streets, avenues, alleys or other highways, and at the expense
of the said grantee, his associates, successors or assigns~
Sec. SO. Any and all streets, avenues, al~eys and other highwal~s of the
said City, or portions thereof, which are not paved, pl~nked or macadamized,
the said grantee, his associates, successors or assigns shall main'~ain a plank
cm~ssing over any and ~ll of their tracks a~ll street intersections for the
crossing of teams and other vehicles, and at any and all o~h..r locations where
teaming is or may be carried on across such tr~cks. The .~a~ crossing sh~ll con-
sist of planking bet',~een said tracks and the entire length of said intersections
for ~ distance of one ~:'~nd one-half ~l~) feet on either side thereof.
Sec. ~l. In the e~ent of any o~f the inh~bit~nts of the City of Bremerton
despairing at any ti~e to remove any building or other structure over and across
the tracks of the said grantee, Uis associates, successors or assigns, suit~ble
provision sh.~ll be made therefor, such crossing to be done at such reasonable
hours of the day, or night as will reasonably conserve the interests of said grant-
ee, his associates, successors or assigns and of the s~id inhabitants.
Sec. 22. The ~aid gramtee, his associates, successors or assigns shall
have the right at any smd all times to make such reasonable rules and regulations
for the management and operation of his or their lines within the c~rporate lim-
its of the City of Bremerton as they may deem advisable, provided the sa~e do
not conflict with the Srdinances of the City of Bremerton and the Laws of the
State of Washington.
Sec. 23. The said ~rantee, his assocites successors or assigns, do by the
acceptance of the terms and condition~ of thsi Ordinance, agree to ~,~rotest and
save the City d~ Bremerton harmless from any and all claims or actions for dam-
ages of any kind, natu~-~e or des.~'ription which may accrue or cl~im t-~ h~ve accrued
to, or to be suffered by any pe~son, per,'.~ons, corporation or corporations by
reason of anydefective construction, maint:.:~.~nence or oper~tion of the ~aid lines,
or by the improper occup~tion of ~.~ny right of way or negligent oper~tion o£ said
~ines, and upon reasonable notice of any action~contemplated or com~enced the
said grantee his associ~tes, succes~ors or assi~?fns will defend the sa~e, at their
sole cost a~d expense. In the event of any Judgment so obt~ined s~id gr~ntee,
his ~ssoci~,tes, successors or assigns will undertal~e to satisfy the s,~me ~ithin
the time provided by law therefor.
Sec. 24, In the event of the construction of ~ny other line or lines
of urb~.n or interurban railway within the cort~orate li~its of the City of
Bremerton by any oth~r person, persons, corporation or corporations, the right
of joint user shall be and he:~eby is, reserved to said person, p~rsons, cor-
poration or corporations as provided by the terms of the laws of the stat~ of
!~asington rel~-~ting to suc~h joint user.
Sec. 25. As a part of the consider~%tioh hereof the said grantee, his
associ~tes, successors or assigns, are hereby gr nted as t~ price only the
exclusive right and privilege of using the electric power owned and control[[ed
by the said City under and by virtue of the terms and conditions of this Ord-
inance and franchise, for the oper~tion o~£ their said urb~.n and interurban
ra,ilway §t a.nd for the s. tu~.o~,the actual cost thereof to the said City of Brem-
erich, p±us ~en per cen~±~y~, the same to be paid by said gre. ntee, hls associate~
successo~:~s or assl§ns quarter annually at the en of e~ch qu~rter, said power
to be used by the said gr~ntee, his associates success, ors or assigns, for any and
all purposes advisable or expedient to the operation of his or their lines,
wheth.~r for heating, li~):hting or power put,poses. The said g~:'antee, his associ~::tes
successors or assigns are hereby g~anted the right and privilege of selling and
disposing of c, ny and ~ll power in excess of the amount necessary for the operation
of his or their lines to any person, p,~rsons, .~orporation, or corporations at
such ra. te or rates as he or they may deem ex:~edient, but the same sh:~ll not be
sold in competition w~th the said. City within the corporate limits of said City,
or wherever said City has ~ lighting or po~:~er s~stem, except ~vith the consent
of said City. That said City hereby reserves the right to sell its surplus
power to any person, persons, corporation or corporatzons whatsoever, but at such
price as it may deem advis~ble in excess of the am.~unt herein named to be p.~,id by
ssa. id gr~.ntee, his associates, successors or assigns.
Sec. ~'.~8. It is further under~ toed and agreed that as a part of the con-
sider~tion for the granting of this franchise that' said. grantee, his associates,
successors or ~ssigns, sh~ll during the entire life of this franchise, purchase,
and pay fez' electrical energy ~..:~hich sh~ll am.~unt to at least Two ,'.~iliion Pour
Hundred Thousand [2,400.00~) kilowatt hours per annum, for e.:,ch and every ye~.r
after the actual completion ~.nd deliv'e~y of~.sald power pl~.nt to said City i~ being
understood th~at said grantee, his asso~.iateo, suc~essors or assigns, sha~i pur-
chase his or their e~tire sup?ly of power from said City, wxce~t in cases of
gency, when said Cit~~ shall be unable to supply the s~me, it being further under-
stood that the City of Br~mert.~n shall furnish to the said gr,~ntee, his associates,
successors or assigns an~ and all electz'ical energy necessary or desirable for
his or their purposes, the same to be onl~ in excess of the amount neces:~ary
for use of ss~d City of Bz'emerton, and its inhabitants, the said City of Bre~:,~er-
ton hereby agreeing to reasonably conserve the interests of said grantee, his
associa, tes, success:ors or assigns and the inhabit::~nts of the City of Bremerton
Jointly.
Sec, 2?. The s~tid Er.~ntee, his associate'~, ~ucces'~.o~'s or as~i~'ns, sh~:ll
be deeme~', to have abandoned and forfieted any and all rights or privileges
provided for under the terms a~d cor~dition~ of this Ordinan~ unless :'.'ithin ~ix
-~6) months from and after the ap?z~ova of this ordin,':~nce they shall i'ile in the
office of t~ e City Clerk of the City of Bremerton a written acceptance of th,~, terms
~-~nd conditions of this ordin~nce, ~,nd in the event of the failure so to do, thi~:
odrinance shall thereafter be null and void.
Sec, 28. That a speci~l election shs~ll b~ held in the 2ity o~ Bremerton
on Tuesday, the 14th da;? of ~kpril, 1914, iS the several precincts into which
the saine is divided, for the purpose of voting thereat by the qualified electors
of s~id City, upon the proposition submitted td them in and by virtue of the pro-
visions of this ordinance. Said election shall be held in the voting places in
s,.i d several precincts ~nd shall be conducted by such Insoectors and Judges of
election as shall respectively design~tted an8. appointed fdr holding and conducting
the s~-ae, in accordance with the 0rdin~nces of the Cit.v o? Bremerton and the laws
of the State of ¥[ashington. ~he City Clerk shall give at le~ st ten [lO) d~ys not-
ice of the tithe and plaice of said soe~;ial election iS.the official ne'~spa~er of
said Cit~/, to-~¥it; the Bremerton News, by ?:~blishi~g ~n e~ch issue of sai~ paper
during said time a proper notice of such election, which notice shall include the
proposition he~'eby re~.uired to be sub :itted to the electors and the forms of
ballots to be cast for a~d against said p~oposltion as prescribed in this 0rd-
inanc e.
S~c. 29. The prooosition submitted to the electors of the City of Br~me~'-
ton in and by' the provisions of t~is Ordinance shall be voted upon in the follow-
ing manner to-wit:
Every voter electing to vote in f~:vor of such pro~oosition that the gity of
Bremerton grant the right, power and authority to Gustav ~. Rust, his associates,
success~.rs or assigns to construct operate and maintain and oper~.te an urban or
interurban r~-,ilway, ;-.~ith all necessary appurtenances 'and equipment therefor, in,
along, upon, over an~t accross the streets, avenues, alleys~highw~ys, and public
places of the s:~id City of Bremerton, as provided by the terms and conditions.
of 0rdin~:~nce No 492, shall vote a ballot containing the words; "In favor of the
proposition as set forth and detailed in Ordinance No. 492, granting the right,
power and authority to Gustav ~. Rus;'~., his~mssociates, succes~.~ors o~ assigns, to
construct, maintain and operate an urt~an or int~rurb.an railway, with all ne.c-
essary ap~urtenances and e~.uipment the.., e-for, in, along, over and accross the
streets, avenues, aLle~?s, highways ~nd. public places of the City of Bremerton.
Every voter electing to vote ag~inst said propesition last above specified
shall vote a ballot conhaining the words; "Against proposition as set forth and.
detailed in Ordinance No 492, grs. nting the right, power, and authority to Gustav
P. Rus~, his associates, succes: ors or assigns, to construct, maintain and oper-
ate an urban or interurban r~,..ilv~ay, :'~'ith all necessary appurtenances and eclutp-
ment therefor, in, along, upon, over and accross the streets, avenues, alleys,
highways and public places 9f the Citj/ of Bremerton."
Said. proposition shall be printed on a ballot to be l.~rovided for said spe-
civil election, and op~osite and to the right of each proposition ~;here shall be
printed a s~'uare blank one-half inch in size, within which th~? voter shall
signify by .marking '~,~ith a cross (X) whether he votes for or against the propos-
ition so submitted.
See. ~0. If at the s~id special election so to be held as proveided in
th~s Ordinance, a majority of the ~lectors in said City voting at said special
election and upon the said proposition, shall vote in favor of the proposition
as set forth in this 0rdtnanae, thereupon and thereby said proposition shall be
and become adopted by the said City, but if a majority of said electors voting
at said election upon such propositi,~n as therein set forth, said ?roposition
will not be adopted by the said City, and this Ordinance will themce forth be
null and void.
Sec. 31. This ordinance shall be in full force and eff'ect from five
days after its passage, approval ahd publication according to law.
Passed by the City Council and approve~i by me this 5th day of January,
A. D. 1914,
Attest: MayOr.
~ Cit~ Clerk.