Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-09-30
LEGAL NoT1ols.


said grantees agree and bind themselves,
their sucorssofs and assigns. 20 cstab-
lisn telephone station or excnanse N the
City of south Omaha, Neb., ana o. lnstall
In said Cfiy of south pmah@ . nrct-class
telephone system and to furnish TO their
ssieph ons s Connection and service with the
teieplOne subscribers VI sald South Omaha
system without ton or SsArse f6eretST 81
Tor telephone service I'm the City OF Omaha
authorized by this ordinance TO be charged
ors or assigns, by the acceptance Of this
ordnance agree to build, lay. maintain
ana ana S ePRchanee i'm Omaha. Hebraska, the
switchboards, conduits and poles to be OF
sufficient size, capacity and number to ul-
service to ten thousand 10000 subscribers,
which system, as above described, shall
DC s9PstsS tsis n oponse years proyded ssid
grantees, their successors or assigns, are
not hindered by the city OF any OF its
or causes q over Which s theS avs no Control
For the purpose of securing compliance
sn sns Ssr 81 sn Or asHsns shs
on or before the acceptance Of this ordi-
nance. deposit with the City of Omaha the
lars. II the said grantees, their sue,
cessors or assigns. shall, within the saio
% and gS IN tine
from the city engineer OF said city on on
council showing that the said Telephone
system has been so constructed ana put
~ sn,y ano h with to said date
shall return 10 said grantees, Jtneir sue
eessors or assigns, The SAID sum Iol twent ~
but should the said grantees, their sue
cessors OF assigns, neglect or fetuse 10
put in operation such ts.ep ,bn b system sid
twenty-five thousand W25,00o) dollars, as
well as this franchise. thereupon shall be-
come forfeited TO the CITY OF Omars.
Sec. Il The said grantees Sheir success
sors or assigns, shall not without the con.
sent of majority of the legal voters o.
said city voting at an election called by the
mayor and council of said city in the man
ner and form as other elections are called.
20 submit the question on sne S1ns os ,b On
ordinance, OF any Of the rights, privileges
or franchises hereby granted, except as
hereinafter provided, sell or transfer this
ordinances. nor any Of the rights, privileges
or franchises hereby granted, TO any per-
son, company, trust or corporation now OF
hereafter engaged in the telephone bust
ness in the City OF Omaha, ana shall not
at any time enter into any combination.
directly or indirectly. with any person %. OF
rats to be charged for telephone service In
the City OF Omaha, and no officers, EN-
Ployes or msnasers 81 tns ss sba,f al thc
same time be in charge Of or be ofncers or
employees or managers OF any other tele-
Provided, however. that nothing herein
shall be held TO limit or abridge the right
OF the grantees, their successors or assigns.
TO make contracts with telephone systems
or exchanges outside the City of Omaha
for interchange of business and division OF
the earnings from their connecting lines
OF carrying this franchise into effect the
grantees shall assign and transfer this or
dnanes and franchise to duly
operate under the same. said corporation
not being connected with or any way in
terested In any other telephone system In
the City OF Omaha. and a majority OF the
directors OF such corporation shall at all
times be bona fde residents Of the City Of
Omaha. and shall maintain its principal
ONCE in\the City of Omaha, said corpora
ton to be known as the Independent Tele-
phone Company Of Omaha: and II is further
provided that the grantees. their SUCCESSORS
and assigns may pledge and mortgage this
ordinance and the right, privileges and
any Issue OF bonds or other obligations Of
said grantees, or Of their successors or as
signs. and the proceeds Of the sale Of such
maintenance Of said telephone plant.
Sec s. In constructing. operating and
repairing said conduits and telephone plant
said grantees their SUCCESSORS and assigns
shall use every reasonable and proper pre-
| caution to avoid danger or injury to per.
iii pr Sod ana sna At all ssy
AL and every such damage, injury loss or
| expense caused or occasioned by act or
| failure to act ON their account, or through
any carelessness Of themselves or their
employees, and this provision obligatfng the
grantees, their successors or assigns. under
harmless against injury. loss or damage.
shall extend to and cover any injury, loss
or damage 70 said city by reason Of ina.
terial being placed upon any street alley
or viaduct In said city. or to any injury,
loss or damage caused thereby to any third
person to whom the said city nay DO lia-
Bile; and the said grantees. under this con-
! tract, or their assigns, or any other person
acting under or by virtue Of the provisions
l ~ AWAl AAl1 - = NNww.An Ill
said city harmless by reason OF any loss.
damage or injury so caused. directly OF in-
directly. whether caused by the careless
son acting under or by virtue OF the pro-
seoon 81 The hereby granted
shall have no force. validity or effect until
proposition for the same has been sub
OF Omaha at a special city election called
| for that purpose, and to carry such propo-
stion II shall require majority OF the
| electors voting on such proposition, and Is
granted upon condition that unless at the
speciai city election hereinafter provided
for majority OF the electors voting on
such proposition shall vote y favor Of the
same this ordinance and franchise hereby
granted shall be null and void. and Of no
special city election is hereby called
Tor the purpose Of submitting to 2 vote o.
provided for TO the grantees. their heirs
and assigns. Said special city election shall
be held on the sixth day of November
1906 IL for any reason said special city
election cannot be held on said date, then
such special city election shah be held on
shall be conducted in accordance with The
provisions OF the laws OF the state OF Ne
braska and the ordinance OF the city OF
Omaha by which special elections IL the
city of Omaha are provided for and gov.
The mayor OF said city shall give notice
OF the submission OF said proposition by
issuing proclamation setting forth ths
time when and designating the plaae il
shall be held, which proclamation shall
contain a copy OF this ri ilnans. in fu
and shall be posted up at least ten days
prior 10 sucn election IA al least three puh
lie places in each ward in said city: am
said proclamation shall also be prsHtet
once in the ofiiciai newspaper of SAID eit,
at least ten days prior 10 such esecfian
The proposition shall be submitted III sa.s
election substantially II the following
form. to-wif'
Question; snaii the s-anchises pro
the city Of Omaha, entitled An uvSlginc,
granting unto Joseph J. Helm y I'll par
mele and T. III. Pollock, their heirs ans
assigns, the right, permisSion and atthOrit,
in, upon, over. under and along the stsaegS
avenues, alleys, vi1ducts, 5ouIevards ~,
public grounds OF tue city OF Omaha. I.
erect. construct, operate and maintain fol
and during the term Of twenty-five year,
lines OF conduits. wiE%s and Conductors
together with feeders, service wsras. con
ductors. poles and appliances to be- uset
For fha ira m N aounda el.r,l.