Omaha daily bee., 1906-08-19
LEGAL NOTICE

telephone and telegraph company, and the
city shall insulate and protect any wires
in such ducts or on such poles so that they
shall in no wise interfere with the opera
ton OF the wires or cables of said grantee
Section 3. Said grantee shall, for the
purpose OF reaching and connecting his
subscribers and branch omces, nave the
right to bring said wires or other Son-
a1Stors to the surface w,shin IN ene oiss p,oGa sSa
poles to be placed In alleys when praeu.
cable) or attach the same to houses and
Of Se 'oe ownsT over is oofs SrSSSeSty, and in 80
doing said grantee may cross streets, ave-
nues and alleys, provided that such wires
overhead to exceed one block In length
from their underground connection, and
provided that after said grantee shall have
IN IN the streets which he desires TO use for
the purpose, and which are TO be newly
paved lay said coudu;ts prior to the
iSslng OF the new pavement, -
Said grantee shall at all times place and
Keep on NE with the City Engineer plans
before laying any new conduits said
grantee shall file with the city EnRineer
plan showing where each conduit Is to
openings to gain access TO said conduits,
ana each cover shall have placed thereon
no rme caasm,, na9 or initial Of said srantee. and
tanning application of the grantee.
Section 4. Before opening any streets al
eys or public places for the purpose OF
Iaylns' repairing or removing conduits.
wires or other conductors hereunder. said
grantee shall obtain from the City Engi-
neer OF said city, and said City Enginear
must grant to said grantee a permit fhere-
Tor In accordance with the conditions ana
requirements of this ordinance; in the con-
struction, maintenance and repairing OF its
telephone exchange. and in the use of the
streets, alleys and avenues of said city
Sc ssld grantee shall at all times be subject
ana regulations OF the said city covering
1's .me use OF streets, alleys, grounds and
PUBIC PUBLIC places by telephone or telegraph
S9InpaIleS or which may hereafter bs
ADOPTED for the construction, maintenance
ana operation by telephone or telegraph
cUStrnpahies cSt1 within the police power Of said
All payements, sidewalks curbing, streets
aiIeys or highways disturbed In put.
Se4s Sdns I'm IN n any work by said grantee un:
ne replaced or repaired by said grantee with
IKE materials and leave the same In az
TeplaeeS SnI,r,2n anS as as before and the part Sc
..hhAlntalned in repair by said grantee foi
sn me period or two years thereafter. Should
sors sot1 81 erantee, MS associates, heirs success.
san soIs or assigns fail to replace or repair, or
keep In repair, any pavement, curbng, side
Walk, street alley or highway as herein
PROVIDED, then the same may be replaced
or repaired by the city under the direction
OF the City Engineer and the cost thereof
obarged to the said grantee.
section ). Said grantee shall within three
(S) years from date hereof, have in opera
tion telephone system serving at least
h0o hoea 'nSHssnS nSu 6eoO telephones. used
and shall at all times connect its wires
with the Mayors Office the City Attorneys
once City Clerks office City Comptroller's
Electrican's office, the Building inspectors
ONCE, the City Engineers office. the City
lreasurers office, the Water Boards office
Lne Police Headquarters and the Council
Chamber, and place and keep one telephone
In each OF said places free Of charge to the
CITY OF Omaha, and shall connect the sam,
DrafC
city. so that the same may be used In con-
nection with the lines of said grantee, and
said grantee, shall, II required. rent to the
CITY or omaha additional telephones for an
annual rental Of not to exceed twenty-five
t26.Oo) dollars per annufp FOR each tele-
phone, provided, however. that any time
during which said grantee shall be re-
strained or enjoined from proceeding with
the construction of said work, or use Of any
part, thereof. by proceedings in any court,
shall not be computed as part OF the time
herein before limited for the construction
OF o5,ot the a,g eEeh,ange and provided. further.
time when said grantee shall have siver,
office to the City Attorney of the CITY OF
Omaha OF the institution OF such legal pro-
he right, to intervene in any suit or pro-
,eedings brought by one seeking to enjoin.
restrain or IN any manner Interfere with
the construction or operation of such teie-
phone system and move for a dissolution
or any Injunction or restraining order and
for any other proper order IN such suit in
tuted for the purpose of delay.
Section 8. I shall be the duty Of said
line. or lines with all telephone COM
panies known as independent" COM
copper nes to n the il%its Of fei the ctS Of
Omaha, and demand such connection, TO
furnish to such connection to said com
no case exceed the prices and rates OF
charges OF any other Independent" com.
pany operating in any city Of the United
States Of 100000 population and upward, tt
furnish to the subscribers of said granite,
at all stations within the City OF Omaha
the free use Of his long distance service tc
charge his said subscribers beyond thi
rates or tolls In excess Of the rates or toll
charged by an independent system givinI
like service for like distance
Section 7. The franchise shall be null anc
void and all rights herein granted CEASE
and determine If the said grantee shall
than sixty (60) days fail and neglect 10 con.
meet Its lines with those of any other firm
or corporation operating STANDARD c9ppesi pppts
telephone exchanges. as aforesaid. or II
said grantee shall without Just cause sever
any connection with such outside company;
cause, for a period OF sixty (60) days, neg
lect or refuse TO furnish such outside I'm
dependent" long distance exchange the IA.
clllties Of its lines in said city.
Section g. In case the grantee herein
shall at any time sell to or consolidate with
any company trust or corporation now OF
hereafter engaged in the telephone business
in this city, all privileges hereby granted
shall be null and void unless the Mayor
and City Council consent thereto and the
company, corporation or person purchasina
shall In all respects comply with the pro-
vision OF this ordinance regarding the
whole OF its properties and possessions. and
its rights and duties hereunder.
Section 8. The said grantee shall at all
times protect and save harmless the said
City Of Omaha from all damage and loss
from, or arising out Of or reason OF the
construction or operation of, said telephone
system, OF by reason of any infringement
OF any patent upon any article OF system
used In tho construction of said telephone
and conduit system, or from any damage
arising from claims by reason of the neg
ligence OF said grantee. his servants or en-
ployes. whether in the construction, use or
| thereof and said grantee hereby agrees "a
render TO his patrons at all times such serv-
| ice as II is practicable TO secure through the
advance in technical science.
| Section TO- Within sixty 1907 days from and
\ after the passage and approval OF this ordi-
| nance the said grantee shall file with the
/ city clerk OF the city OF Omaha his writton
acceptance OF the provisions hereof In
case OF failure 10 nle said acceptance
within the time specified this ordinance
shall become null and void. The said
! days. execute and deliver to the city Of
| Omaha and hle with the city clerk thereof
a bond with good and sufficient sureties In
the sum OF twenty-five thousand dollars
| CS25,0O0). 10 be approved as 20 form and
execution by the city attorney OF the city