Omaha daily bee., 1906-09-23
LEGAL NOTICE.
ach b,Itroinr cIty caIi. 2 c,nts.

7
IRON any public pay station 20 any other
telephone OF SAID company within the cities
srantess' its - sue s and assigns. shall
subject to the terms and conditions OF this
ordiL anca. connect its line or lines with tie
shall extend its standard copper metallic
toll lines 70 the limits OF the City OF
Omaha, and demand such connection, and
pay the reasonable cost thereof. and to
furnish said connection TO said companies
upon reasonable terms, and also TO furnish
with said lines at reasonable rates, and
that said subscribers shall not be charged
omaha lOd than Is ebS9d BY other nSepenS
ent systems for like service for like dis
BY the acceptance OF this ordinance the
said grantees agree and bind themselves
their SUCCESSORS and assigns, to estab-
lish a telepnone station or exchange in the
In said City of South Omaha 1rst-class
telephone system and to furnish to their
telephone connection ard service with the
telephone subscribers of said South Omaha
system without toll or charge therefor OF
for telephone service in the City of Omaha
authorized by this ordinance to be charged.
ors or assigns, by the acceptance Of this
ordinance, agree 70 build, lay, maintain
and operate an efficient telephone system
switchboards, conduits and poles to be OF
sufficient size, capacity and number to ul-
timately supply telephones and telephone
which system, as above described, shall
be completed within two years after the
acceptance of this ordinance; provided, said
not hindered by the city or any OF its
officers. or by legal process, strikes, Ares
For the purpose OF securing compliance
with the conditions of this ordinance. the
grantees, their successors or assigns, shall,
on or before the acceptance Of this ordi-
nance, deposit with the City of Omaha the
sum Of twenty-five thousand ($25Oo0)> dol
lars. II the said grantees, their sue
cessors or assigns. shall. within the said
time. construct and put In operation a
telephone system, as above provideds the
from the city engineer of said city or on
the passage of a resolution by the city
council, showing that the said telephone
system has been SO constructed and put
In operation and the provisions of this
ordinance fully complied with to said date,
cessors or assigns, the said sum of twenty
five thousand tS2s,0O0 dollars so deposited,
but should the said grantees, their sue
put in operation such telephone system
within the time SO specified, then the said
well as this franchise, thereupon shall be-
come forfeited to the City of Omaha.
Sec. Z. The said grantees. their success
sors or assigns, shall not, without the con.
sent of a majority of the legal voters OF
said city voting at an election called py the
mayor and council Of said city In the man
to submit the question of the consent OF
The city TO the sale and transfer OF thls
ordinance, or any of the rights prNlieses
or franchises hereby granted, except as
hereinafter provided, sell or transfer this
ordinance nor any Of the rights, privileges
or franchises hereby granted, TO any per-
son, company, trust or corporation now or
hereafter engaged in the telephone bust
ness in the City of Omaha, and shall not
at any time enter into any combine ton.
directly or indirectly, with any person or
persons, or any corporation, concerning the
rate to be charged for telephone service IN
the City of Omaha, and no on1cers, en-
ployes or managers of the said grantees
their successors or assigns. shall at tho
same time be in charge of or be ofncers or
employees or managers OF any other teie-
phone system being operated In sald city.
Provided, however, that nothing herein
shall be held to limit OF 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.
Provided, further that for the purpose
of carrying this franchise into effect the
grantees shall assign and transfer this or
dinance and franchise to a corporation duly
organized with power to take over and
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 fide residents of the City OF
omaha. and shall maintsln Its principal principal
4
ton to be known as the Independent Tele-
phone Company of Omaha: and It is further
provided that the grantees. their successors rs
ordinance end the right: privileges and
franchises hereby granted as security for
any issue OF BONDS rs or 2b. 9thsr OF
signs. and the proceeds of the sale Of such
bonds shall be used in the construction and
ssn OF ssd iesph0ns PLANT
repeiring said conduits and telephone plant
said grantees. their Successors and assigns
caution to avoid danger or injury to per
sons or property. and shall Mt all times and
IN all places hold harmless the city from
EXPENSE caused or occasioned by act or
failure to act On their account. or through
any carelessne~s OF themselves or their
employees, ana this provision cbiiRatfnE the
grantees. their successors or assigns under
| this ordinance to hold the City of Omaha
harmless against injury loss or damage,
OF damage to said CITY by reason OF ma
| teriaf being placed upon any street alley
or viaduct in said city. or to any injury.
nerson 70 whom the said city may he la
hle: and the said prantees under this con-
tract or their assigns. or any other person
actin~ under or by Virtue nj the provisions
| ~ th'e ordinance shall at all times hold
| said city harmless bv reason Of any ioss
can'aSH or injury so car-ed. directly ~ ~
| ness or NEGLIGENCE nf said grantees thst-
| SUCCESSORS or seetons or any nersnn or rar
son actin~ r-der ~ nv virtue OF the pro-
vision ~ TITO ordirerce
| Section 8. The franchises hereby granted
shall have no force, validity or effect until
a proposition for the same has been sub
mitted to a vote OF the electors of the city
/ of Omaha at a special city election called
| for that purpose and to carry such propo-
| sitiop II shall require majority OF the
electors voting on such proposition, and is
granted upon condition that unless at the
| special city election hereinafter provided
| for a majority of the electorS voting on
\ such proposition shall vote - favor OF the
same. this ordinance and franchise hereby
granted shall be null and void. and of no
effect =.
A special city election is hereby called
the electors OF the city OF Omaha the
proposition embodied In this ordinance OF
granting the franchises in this ordinance
/ provided for TO the grantees, their heirs
and assigns. Said special city election shall
be held on the sixth day OF November,
| 1893. IL for any reason said special city
election cannot be held on said date, then
such special city election shall be held on
| the twentieth day OF November. 1906, and
shall be conducted in accordance with the
provisions OF the laws of the state Of Ne
Omaha by which special elections in the
city of Omaha are provided for and gov.
erned.
The mayor OF said city shall give notice
1 OF the submission Of said proposition by
I issuing a proclamation setting forth the
time when and designating the place in
! each election district where such election
shall be held, which proclamation shall
contain a copy OF this ordinance In full