Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-08-19
LEGAL NOTICE

telephone and telegraph CoulPany uhu the
city shalt insulate and protect any wires
In such ducts or on such poles so that they
shall in no wise interfere with the opera
section 3 said grantee shall, for the
purpose OF reaching and connecting nus
subscribers and branch ofices, have the
duetors to the surface within every block
and to maintain the same on poles lsaio
poles to be placed in alleys When pracu,
cable) or attach the same to houses and
carry them over roofs with the consent
OF the owner OF the property and In 30
nues ana ale Ss'e provided that such wires
or other conductors shall not be strung
overhead to exceed one block In length
from their underground connection, ana
provided that after said grantee shall have
commenced laying his conduits he ShalL
IN the streets which he desires 80 use for
me purpose and which sIe TO be newly
paved, lay said coudu.ts prior to the
laying OF tho new pavement
SAID grantee shall at all times place and
showing the location OF conduits laid, and
S STaSrs i sSaig any new eonduits said
plan showing where each conduit Is to
DO laid, locations OF manhoes or other
S Spen ssch 70 gain access to said conduits
inc name or initial of said grantee. and
no conduit shall be laid without first OBJ
tanning Application of the grantee,
Section T. Before opening any streets. al
ieys or public places for the purpose OF
, wras o. repairing dsS or removing eonduits,
grantee shall obtain from the City Engi-
neer OF said city, and said City Engineer
must grant to said grantee, q permit there
Tor IN accordance with the conditions and
requirements of this ordinance; in the con-
stiuction maintenance and repairing of tts
streets. alleys and avenues Of said city
SAID grantee shall at all times be subject
10 ana comply with all ordinances, rules
ana regulations OF the said city covering
the use of streets, alleys, grounds and
pubic places by telephone or telegraph
eSSInpanles or which may hereafter be
au9pteo Tor the construction, maintenance
ana operation by telephone or telegraph
companies within the police power OF said
All pavements, sidewalks, curbinR. streets
1Ieys or highways disturbed in put.
Hns IN any work by said grantee un.
he re me provisions Of this ordinance shall
ike materials and leave the Same In az
5000 condition as before, and the BART SC
replaced and repaired shall be kept and
maintained in repair by said grantee for
me period of two years thereafter Should
saIa srantee, his associates, heirs. success.
Keep In repair any pavement curbing, side
walk street, alley or highway as herein
provided. then the same may be replaced
OF repaired by the city under the direction
OF the City Engineer. and the cost thereof
charged to the said grantee.
Sectlon ;: Said grantee shall, within three
t9 years from date hereof, have in opera
lIion q telephone system serving at least
I'VE thousand 5000 telephones. used y
o oona noe SUBSCRIBERS under this ordinance
and shall at all times connect its wires
with the Mayors office. the City Attorneys
office, City Clerks office, City Comptroler's
ofhce, Chief of Fire departments office, City
ELECTRICIANS office, the Building Inspectors
oIllce, the City Engineers Office the City
Ireasurers office, the Water Boards Office,
Chamber, and place and keep one telephone
IN each OF said places free OF charge to the
city OF Omaha, and shall connect the same
with the said grantees exchange in said
city, so that the same may be used in con-
nection with the lines of said grantee and
SAD SAD grantee shall 4 required rent to the
annusl rental OF not to exceed twenty-five
Nzb.OO dollars per annun FOR each tee-
during which said grantee shall be re-
strained or enjoined from proceeding with
the construction of said work, or use Of any
shall not be computed as a part OF the time
herein before limited for the construction
OF OF, the eSehange and provided, further
time when said grantee shall have given
notice to the City Attorney of the City OF
Omaha OF the institution OF such legal pro-
ceedings. The City of Omaha shall have
the right to intervene in any suit or pro-
ceedings brought by one seeking TO enjoin.
res or n any Interfere with
phone system and move for dissolution
OF any Injunction or restraining order and
case It shall deem such colusive or insti.
tuted for the purpose of delay:
Section 8. i shall be the duty of said
grantee. subject to the terms and pro-
visions of this ordinance. to connect his
line, or lines with all telephone com
panies, who shall extend their standard
copper lines to the limits OF the City OF
Omaha, and demand such connection. TO
panies on reasonable terms which shall in
no case exceed the prices and rates OF
charges OF any other independent" com;
States OF 2OOooo population and upward, tc
furnish to the subscribers OF said granite,
at all stations within the City Of Omaha
the said city limits, and In no event u
charge his said subscribers beyond thu
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 ane
and determine II the said grantee shall
without Just cause, for a period of more
than sixty (6o) days fail and neglect to con
or corporation operating standard copper
| independent toll lines or independent
telephone exchanges. as aforesaid. or u
any connection with such outside company,
and shall, after demand made. without just
cause. for a period OF sixty (6o) days neg
lect or refuse to furnish such outside I'm
dependent long distance exchange the ia
clllties of it's lines in said city.
shall at any time sell to or consolidate with
any company, trust or corporation now or
hereafter engaged In the teleifhcne 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 ths
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 telephon,
system. or by reason of any infringement
OF any patent upon any article or system
used In the 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 I'm the construction, use or
| operation OF said system or any part
| thereof and said grantee hereby agrees To
render TO his patrons at all times such serv-
| ice as II Is practicable TO secure through the
| advance in technical science.
| Section 10 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 written
| acceptance OF the provisions hereof. In
case OF a failure TO file said acceptance
| within the time specified this ordinance
shall become null and void The said
| grantee shall also within said sixty 1907
| days, execute and deliver TO the city OF
| Omaha and file with the city clerk thereof
| a bond with good and SUFFICIENT sureties In
| the sum OF twenty-five thousand dollars
| HS,oool, 20 be approved as 70 form ana