Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-18
An Ordinance


GRANTING TO L. s. SHURICK AND HIS
ASSIGNS THE RIGHT TO CONSTRUCT,
ERECT AND MAINTAIN A TELEPHONE
AND TELEGRAPH PLANT IN THE CITY
OF MARIETTA, ONO
Section l. Re it ordained by the City Coun.
ell OF the Til! Nh" "tta. Ohio, that there IS
hereby granted " h. = ShuricL, his success.
ors or assigns, for term Of 20 years after the
passage OF this ordinance, the franchise and
right TO enter upon the highways streets and
| alleys in said City, except on Putnam street
i between Second and Front streets and on
! Front street between Putnam and Greene and
on Greene street between Front and second
street, where no poles are to be placed, and to
construct, erect and maintain in, along and
over the highways, streets, avenues and alleys
posts, poles, wires and other appliances aud
| fixtures for telephone and telegraph purposes,
subject to all general provisions OF statnte
law in force and applicable thereto, and to
such reasonable rules and regulations respect
| ing such highways, avenues, streets and al.
leys, as said Council may from time to time
| enact
Section 9 Said F.. s. Shurick and assigns
are hereby granted the right to construct,
erect and maintain telephone and telegraph
enlarge, and extend the same, and carry on
the business OF telegraphinG and renting tele.
phones,
Section 3. The authority and permission
herein granted is subject to the following
terms and restrictions: =
IA, All posts and p les used in the construc
ton OF the lines, in connection with said plant,
shall be reasonably straight, neat and sym
metrical and kept painted and placed in or ad.
jacent to the lines of the curb OF the sidewalk
or otherwise in such manner as not uureason-
ably to impede public travel Whenever prac
ticabe, all poles shall be placed in the alleys
OF said City, and set so as not to extend more
than the diameter of said poles from the line
OF said alleys; and no poles shall be finally set
without at least one days notice in writing by
said t. ). ShuricI or his assigns, to the City
Engineer, who shall respond in writing. In
case the City Engineer objects to the proposed /
location of any pole or poles no poles shall be |
set in the place and places under dispute un- |
til said F.. 5. shuricil or his assigns and the
City Engineer shall agree thereon or the suid |
f. 5. Shurick or assigns shall have gained the
consent of the City Council to the location pro-
posed by him or his assigns
(bj During the construction of that portion
OF said plant which is ii be erected in, along,
or over the highways. avenues, streets, and
alleys of said City of Marietta, the said F. 5.
Shurick and his assigns shall not unnecessar-
~ impede public travel thereon, and shall
alleys upon which he or his assigns may enter
for the purpose herein authorized in as good
entry.
(cl The word plant shall be deemed to in.
cude all the tangible property of every kind
and description of said f. :. ehurick and his
assigns. used in or in connection with this
business OF furnishing telephones in the said
Lity
d. The said F. 5. Shurick, his successors
and assigns, by accepting the franchise and
rights herein granted, agree to bind them
selves to save said City of Marietta harmless
rom any and all damages arising from or
growing out of the erection, maintenance. or
operation of said poles, wires ana other ap
)aratuS
section B. The construction of said plant
snail be commenced within six months and
ON, leted within one year from the date of ;
he acceptance OF this ordinance, and unless so
commenced and completed within the time
loove limited, the rights granted bS this ordi-
lance shall be considered forfeited.
Ihe right IS reserved to the said City of Mari
tia TO place their police and fire alarm wires +,
N the poles so L, eCted by virtue hereof and
or the use of the system thus erected for the ! !
purpose of transmitting fire alarms without o.,
harge therefor: but in no way to interfere 4
WITH the telephone or telegraph wires of said .
~ >. Shur1ck or assigns.
NO assignment of the rights and privileges !
ere1n granted to said Shuricll shall be by him .
nrporation, for the purpose of consolidating ,
he same with any other system until the
ouncll of the said City shall agree to the
anne.
In case of change of grade OF any street |
lley or highway, so occupied by said Shurcli
I assigns for purposes herein stated, he or
hey shall reset the poles, so as to conform 20 y :,
ne grade OF such street, alley, or highway so :
hanged, and in such Il manner as the City y
.ngineer shall direct.
The lowest wire shall not be less than g feet ,
boYe ground at lowest point between poles y
The maximum yearly rental TO any sub I
nriber within the corporation limits Of said :
lty shall not exceed $50. The said city shall =
ave the privilege of using FIVE telephones free d
cost, the instruments to be placed where =
yer It's Council may direct g
Section 4. This ordinance shall take effect ~
nd be in force from ana after the earliest =
eriod allowed by law.
taSSed December 18th. 1896 ,
5. j. HATHAWAY.
CARL BECKER, City Clerk
December l7th, lS9G-2t.