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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.