Omaha daily bee., 1906-09-23
LEGAL NOTICES.

City OF Omaha. NebrSskn' III the said
grantee, its successors OF assigns, thall
%sa1 the sas time aSs put
Certificate from m the city Engineer Of said
the city = Council ' showing that the said
telephone system has been 50 Constructed
and put In operation and the provisions
said date, shall return to said grantee, its
successors or assigns, the said sum o.
y wsrrs, nnsisa bSt sho,ld the said
grantee, tie successors or assigns, negicct
VI refuse 70 put IN operation such telephone
system within the time so specihed, then
the said sum shall thereupon become for
felted TO the City Of Omaha, and said fran
chise shall become null and void. The The
to interviews in any and ali suits Or pro-
ceedings brought by or against SAID CON- n
Psny where may be necessary g. ,n,.rt for tho
sec. I. The said grantee, its successors or
assigns, shall not. without the consent %
the c ssSoss of .sd y y VSns upon
proposition, except, as hereinafter provided.
sell or transfer this ordinance TO any per-
hereafter engaged IN the Telephone busl-
ness In the City Of Omaha, and snail n0t
at any time enter into any co nH nerson or or
persons, or any corporation, concerning tne
rate to be charged for telephone service In
pioyes or managers Of the said grantee. its
successors or assigns, shall at the same
time be in charge Of or be officers or ell-
System being operated in said city. -
Provided, however thst nothing herehn
shall be held 70 limit or s6rioge tns risn 10
make contracts with the telephone systems
OF exchanges outside the city OF hinnna
dSr eaTnaSn from q their lines
And, provided, further. that the snio
srentee may pledge And m nT,rIIsg s sns
franchises hereby granted as SECURITY for
any issue Of bonds or other obligations OF
sad ' t4sSes tSa Or the pToceeds
Of all OF such bonds shall be expended IN
the construction, extension and operation
shaii be Issued by aald grantee, it's sue
cessors OF assigns, for any other pur-
Sec. 6. In constructing. operating and
repairing said conduits and telephone
plant said grantee, Its successors or as.
signs shall use every asnasp Or a mo
Jury to persons or property and shall at
ali times and In all places hold harmless
the city from all and every such damage,
stoned by any act or failure to act ON
their account, or through any carolessne9s
OF themselves or their employee, and this
provision obligatng the grantee, its sue
cessors or assigns, under this ordinance,
to hold the City OF Omaha harmless
tend to and cover any injury, loss or
damage to said city by reason OF material
being placed upon any street alley or Via
duct In said city, or to any injury, loss or
damage caused thereby to any third per-
son TO whom the said city may be liable;
and the said grantee. under this contract, or
its assigns, or any other person acting
under or by virtue of the provisions Of
this ordinance, shall at ell times hold
said city harmless by reason Of any loss.
indirectly whether caused by carelesSness
or negligence OF said grantee, its sue
agent of the grantee, its successors OF
Sec o. The city shall have the right to
Succesaors '1 or assigns at tho expiration Of
twenty-five years or at amy time there
after II such option is exercised the city
shall pay for the value OF the physical
properly alone. nothing being added
thereto for franchise value or -so-called
going value. In case an Agreement as to
value cannot be reached between the city
and the telephone company the value shall
be determined by the District Court OF
Douglas County, Nebraska The said tel
ephone company shall file with tho City
Clerk on or before the first day OF July
each year report and statement OF the
value Of its property on the first day OF
April Of said year, giving In detail-iirst.
the value Of its physical property: second.
value OF so-eailed going value, and In case
the city desires to purchase under it's OPP
ton given above II shall have the right
TO do so ct any time after the expiration
OF twenty-five years by paying the esti-
mate OF value put upon Its physical prop
Sec. 10. Tho franchises hereby granted
she'll haye no force validity or effect until
mitted TO a vote OF the electors Of the City
OF Omaha at special city election called
for that purpose. and to carry, such PROPOSE
electors voting on such proposition. ana ID
granted upon condition that unless at the
city election DTSylced fol.
proposition shall vote In favor of the
same. this ordinance and franchises hereby
granted shall be null and void and OF no
A special city election is hereby called
for the purpose OF submitting to q vote
proposition embodied In this ordinance OF
granting franchises in this ordinance pro-
vided for to the. said srantee. its sue
ton shall be held on The. 9Th day Of No
vsmber, 1900. and shall be conducted In
% Ss ats. VIZ q Ne Ss ah
goyerned; and in said election voting ma.
election ascertained by said voting ma
The Mayor of said city sl,nn give notice
issuing q proclamation, setting forth the
time when and designating the place ia
shall be held which proclamation shall
and shall be posted up at least ten days
public places. in each ward In said city
and said proclamation shall be also printed
onco In the official newspaper Of said city
ut least ten days prior to such election
The proposition shall be submitted at said
election substantially in the following form
towft:
Question Shall the franchise provided
for and described In ordinance OF the city
Of Omaha entitled An ordinance srantini
company, its successors and assign,
the right, permission and authority Ia
upon, over, under and along the streets
avenues. alleys viaducts, boulevards anc
public grounds OF tho City of Omaha, K
erect construct, operate and maintain foi
lines of conduits. wires and conductors, 10.
gother with feeders service wires, con.
duotors, poles and appliances to be uset
for the transmission OF sound. signals and
intelligence by means OF electricity ol
otherwise; and also providing for the sub.
mission OF a proposition for tho franchis,
70 a vote OF the electors OF the City Of
Omaha, be granted unto the Omaha Home
Telephone company. its successors and as
ordinance"
Said proposition substantially IN the form
In which n Is herein provided that tn,
same shall be submitted as aforesaid. shall
words Yes, or No. for the voter to indioat,
his affirmative or negative vote on sale
proposition or question by operating IN,
proper device therefor The polls shall b.
opened at such place IN eacn election ais
trict as may be DESIGNATED by the Mayor
and they shall be kept open between tn,
and county elections. and shali be con
Quoted IN accordance with the provision,
OF such law, and the election returns shai