Loading...
HomeMy WebLinkAbout10/27/1926 MS OLUT I ON OF THE CITY COTM I SS ION ERS OF BREUERTON BE IT RESOLVED, That the City Commissioners cf the City of Bremerton in the State of ?7ashington, do hereby order, enact and declare that an Ordinance shall be introduced and sub- mitted for general consideration for the purpose of passing a franchise, granting unto L. L. LENT;. of Bremerton, 'lashington his heirs, executors, administrators and assigns, the right and authority to lay maintain and operate pipes and conduits in In certain streets, alleys and public places,, d�in the City of Breen rt on, for the transmission of steam andvivater and to thereby transmit and deliver steam and hot water for the use thereof, and and to charge and collect reasonable rates, tolls and compensation therefor, and that such Ordiance, upon presentation, looking to the granting of said franchise shall be forthwith read as required by lava and the rues of the commissioners and take the legal course required of ordinances of 'such character. PASSED by the City Commi §sioners of the said City of Bremerton, in regular session assembled, and approved and signed by the I1ayor and attested by the City Clerk in attestation thereof, this a7T day of October, 1926. Y nayor ATTEST: y er . ORD IhANC E AN =TRANCE granting to U Le LENT, his successors and assigns,the right, privilege and tu thority to lay down, maintain and operate pipes and conduits in certain streets, alleys and public places in the City of Bremerton for the transmission of steam and water and to . thereby transmit and deliver steam and hot water for the use thereof, and to charge and collect reasonable rates, tolls and compensation there- for. THE CITY OP BrM ElRT01T DOES 0IMH11T AS FOLLOWS: Sect ion 1- That there be and is hereby granted unto L. L. LENT his successors and assigns, the right, privilege and authority to lay down, maintain and operate in and along any and all of the streets, avenues alleys and other public places within the City of Bremerton, pipes and conduits for the purpose of conducting and transmitting steam and hot water for the heating of buildings and for heat or stern in any form, or for any purpose. Section 2- That the grantee herein, before making any erx- oavation in a1W of the streets, avenues, alleys or public, platen in said city shall file with the Department of Public Works of said city a plan showing the streets, avenues,alleys or other public places or parts thereof, and the particular part thereof that it desires to occupy, and said grantee shall not have authority to proceed with any of such sa rk until the Department of Public Works and the City Commission of Bremerton shall have approved such plan, either as presented, or as by him or the City Commission modified or amended , and shall have granted a permit therefor, and a liability bond protecting the city against any and all damages, shall be filed with the City Clerk in such amount es the City Commission shall deem proper at the time of granting said pemit. In prosecution of the work of laying down such pipe, the gramtee herein eh all not make excavations in any streets, avenues, alleys 'Or public places, for a distance exceeding three (3) blocks at a time, and upon completing such Mork, shall leave such streets, avenues, alleys and public places in as good repair as the same were in 'before making the excavations; and if the grantee shall fail so to do, the City of Bremerton shall have the right to put such streets, avenue, alleys and public places in as good repair as they were before the making of such excavations and the cost and expense therefor shall be charged to said grantee and promptly repaid by said grantee upon the presentation of an itemized and verified statement of costs thereof and shall be a lien upon all the property of said grantee. All excavations so made shell be carefully guarded so as to prevent accident and there shall be kept along said works signs during the day and lant erns during the night,, clearly indicating by whom said work is being done. The City of Bremerton Eh all not be liable for any damage that may, for atq cause, result from the laying down and operation of such pipes, but said grantee, its successors or assigns, shall, save and keep said city free and harmless from any and all damages and should any final judgment be recovered against said city on account of such damage, said grantee shall pay to the said city the same within sixty (60) days after being notified in writing so to do by said city, and the failure of said grantee to make such payment within said period of sixty (60) days shall be groundfor for- feiting all the rights and privileges granted thereby provided, said city shall in any suit brought against it on account of such damage, and before the trial of such suit, give written notice to said grantee of the pendenee of the same. Section 3.- Said pipes shall be laid down in such manner as not to interfere with We sewer and water pipes, gas mains, telephone or telegraph conduits, or any of the pipes in said city, or with any pipes that have been laid down heretofore in said streets, avenues, alleys or public places under the authority of the city, and the system Of pipes to be laid down by the grantee thereunder shall be first -class -2- in every respect; and the said grantee, its successors and assigns, shall have the right to charge -and collect reas.onable a omp en sat ion from all persons and corporations to whom it shall tarnish steam, water, heat for any of the purposes authorized by this ordinance. Section 4.- The rights and privileges and franchise herein granted shall continue and be enforced for the term of thirty (30 ) years from the date of the adoption of this ordinance. Section S.- 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 eert of the gross earnings from the operation of and the sale of the pro- ducts of the pipe lines herein 'me nt ioned, this payment to be made on the sworn statement of grantee, its successors or assigns, to be Mad with the City Treasurer, or any committee appointed by the City Com- mission for that purpose, and the City Treasurer, or any committee appointed by the City Commission for that purpose shall have the right to examine the books of the grantee, its successors and assigns, and to verify the correctn of said statement and to correct the same if found 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 over to itself from the grantee, its heirs, successors or assigns, all of the property and plant op erat ing under this franchise at the expiration of this franchise. The value of the property and plant shall be determined Iq a committee of three and their valuation shall be final: The committee shall be aitizeap and taxpayers of the State of Washington and shall be selected as follows: One by the City Commission, one by the grantee, 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 Commission appoints the city representative of said committee, 003- Upon the report of said committee and the payment by the city of Bremerton to the grantee, its heirs or assigns, the --mount e.fual to the valuation set by said committee, all rights and property of every nature operating under this franchise shall become the property of the City of Bremerton without the execution of any instrument of conveyance. Section 7- This Franchise shall become effective upon adop- tion of this Ordinance and publication thereof as required by law, and upon the filing the grantee in the office of the City Cle3k within forty (40) days after the adoption of the Ordinance, of a «mitten accep- tance of the same, and failure on the part of the grantee to file such written acceptance within said time shall be deemed as an abandonment and rejection of the rights and privileges conferred, and this Ordinance shall thereupon be null and void. Section 8- A failure to comply vjith any of the provisions or conditions herein, or any provisions, restrict ions, or limitations here- in 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 succes- sors or assigns, shall authorize the City Commission to declare by ordinance an immediate forfeiture of the franchise and the City Com- mission may in such case declare and enforce such forfeiture. Section 9- The grantee herein shall commence operations under this ordinance within thirty (30) months after the acceptance of this ordinance and a failure to commence such operations shall be and con- stitute an abandonment of said franchise. PASSM BY ice; CITY 0011jT �SIOIT this dEV of November, 19260 Approved by the 13ayor Pirblished ATTEST: C IT _ 0 LXRX p R -4.