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2045 Automatic Fire Alarm Systemr ORDINANCE N0--2045.---- (Published 2045• ---_(Published in the Salina Daily Union June 1917 An ordinance granting to the United States Automatic Fire Alarm. Company of Kansas City, Missouri, its successors and as- signs, the right to operate and maintain automatic fire alarm systems in the' c ity of Salina, Kansas, and providing for the maximum charge to subscribers. Be it ordained by the Mayor and Councilmen of the City of Salina: Section 1. F&'yNCHISE GRANTED: That the right of way be and the same is hereby granted the United States Automatic Fire Alarm Company, its successors and assigns to erect, lay, con- struct, maintain and use in Salina, Kansas, through, over, upon and in the public streets, avenues, alleys, viaducts, bridges and throoughfares thereof suitable poles and underground conduits for the automatic fire alarm systema manufactures or sold by said Company and to place and maintain wires and proper fixtures therein and thereon for such purposes and to construct, main-- tain and operate a general electric automatic fire alarm system in said City, except however, that no poles or wires for the purposes specified shall be erected or placed in or upon any of the following streets: Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Streets between North Street and Mulberry Street or on Mulberry, Walnut, Iron, Ash, Elm, Pine or North Street be- tween Fourth and Tenth Streets, nor shall any poles be erected in the alleys between Fourth Street and Eighth Street from Mulberry Street to North Street. Provided, that said Company is hereby given the right to construct, erect and maintain on said streets herein specifically mentioned or any of them, poles and wires for temporary purposes but in no event shall said temporary poles or wires be and remain in or above said mentioned streets for a longer period than three months at any one time, without the permission of the Mayor and Council. Sec. 2. LOCATION OF POLES: All poles erected by the Company shall whenever practicable be placed in the alleys of,the City, and at the extreme side thereof, and in such a manner as to interfere as little -as possible with the use of said alleys for traffic and other purposes. Whenver necessary to place poles in any streets, they shall be placed along the inner edge of the curb. And all poles, whether in streets, avenues or alleys or upon viaducts or bridges, shall be placed so as to interfere as. little as possible with other companies, using poles and the Council may at any time order or require said Company, its success- ors or assigns to change the location of any poles and upon failure 1 L 1 1 1 2bPG11 1 1 1 1 1 of said Company, its successors or assigns, to comply with written notice for such removal or change of location within thirty (30) days from the date said notice is received by said Company, its successors or assigns, said Council may order the removal of the same at the expense of said Company, its successors or assigns. Sec. 3. NOTICE TO MAYOR AND COUNCIL: No street, avenue, -alley or sidewalk shall be dug into by said company, its success- -ors, or assigns, in the construction or repair of any work with- out giving the City Mayor and Street and Alley Committee notice and obt aining their consent therefor and when any poles shall be put in, the loose ground around same shall be replaced and such of the ground as may be left over shall be removed at the expense of said Company, its successors or assigns. Sec . 4. CROSSING OF Vu IRES : That the wires of the fire alarm Company shall be maintained at a height of at least twenty (20) feet above the surface of the stret and shall cross at an angle the wires of any electric, telephone, telegraph or electric motor company, and shall not be allowed to approach nearer than three (3) feet to the wires of any other Company. And hereafter no company, person, firm or corporation shall be permitted to approach the wires of the fire alarm company with their wires nearer than three (3) feet. Provided, however, that the provisions of this section shall not in any manner change, modify or limit the right of such other company, person, firm or corporation having a prior right to the use of any street, avenue, lane, viaduct or alley in said City. In case of a violation of the requirements of this section, it shall be the duty of the Mayor and Council of said City to notify the offending Company, person, firm or corporation to remove its wires, poles or fixtures so erected in violation hereof within three days from such notification, and on the fail- ure of such person, company, firm or corporation to comply with such. notice, it shall be the duty of the said Mayor and Council of said City to cause the sane to be removed at the expense of the offending party. Sec. 5. REMOVBG WIRES: The Company shall remove its wires after forty-eight (48) hours notice, on the request of the City Marshal of said City, to permit the moving of houses or other build- ings along the streets or alleys, all at the expense of the mover. Sec. 6 . SUBWAYS: The consent of the City of Salina is hereby given to said Company, its successors and assigns to lay, maintain and use wires and cables in suitable conduits, which said company is hereby authorized to lay, construct and maintain beneath the sur- face of the streets, alleys and ways of said City with manholes, fixtures and appliances for affording access to such conduits and electrical wires and cables and making connections and extensions therefrom to buildings, instruments and central stations. Said Com - parry agrees that it will remove all conduit under the street, alley,. avenue or way upon which poles had theretofore been erected, except poles which are necessary to be erected and maintained for the pur- pose of making connections with buildings located on said street, alley or way. Sec. 7. 'REGULATIONS -MANNER OF CONSTRUCTION: All .conduits, poles or appliances constructed under and by virtue of the terms of this ordinance shall be constructed under the general super- vision of the city engineer of said city and before any conduits, poles or appliances shall be constructed or erected under the rights granted by this ordinance, said Company shall prepare and present to the Mayor and Council a map or plan showing . the location of the conduits or poles proposed to be constructed or erected, with all manholes, poles and appliances to be used in connection therewith, for said Mayor and Council's approval, and all extensions of such conduits shall be subject to like approval. No conduits shall be constructed so as to injure a sewer, water pipe, gas .pipe or any other pipe or conduit. All portions of any street or alley or way in any manner disturbed by said company in the doing of said work shall be restored to -as good condition as before said work was done. Said Company shall not open or disturb, in laying its pipes or :conduits more of any street, alley or way than may be necessary to enable it to proceed to advantage in laying its conduits, nor shall said Company permit any, street, alley or way opened or distrubed by it, to be in any way incumbered with dirt, rubbish or other material for a longer period of time than shall be necessary for the doing of said work. Provided, However, that before any excavation shall be made in any. street or alley that the Company shall comply with any ordinance of said City of Salina, regarding the obtaining of a permit for such work. 1 1 1 1 2bPG11 n i 1 1 Sec. 8. LEASING WIRES: The consent of the City is hereby given to the Company, its successors and assigns to enter into contracts and contract with other Companies now having or which may hereafter have wires, poles or conduits in said City, for the purpose of renting or leasing the wires, poles or conduits belong- ing to or being maintained by said other Company or Companies, for the purpose of connect ing and operating the signal systems of this Company to buildings belonging to or occupied by subscribers of the said United States Automatic Fire Alarm Company. Sec. 9. SPEED REGULATIONS: The consent of the City is here- by given to the Company, its successors and asigns, to send over the City right of way its service men in response to fire alarm or truble alarm calls at post haste with chemical motor truck or motor cycle with the same speed regulations as are enjoyed by the city's f ire department. Sec . 10 . CENTRAL STATION: The -said Company agrees that it will, within one year after the passage and publication of this ordinance equip and maintain in said City a good and substantial building with receiving boards and appliances therein and there- after maintain in good condition a central receiving station for the purpose of receiving for transmission to the fire stateion of said City, fire alarms, transmitted over the signal systems to be. installed by said company and will maintain and keep open said central station twenty-four hours each day, Sundays inclusive. Sec. 11.. CONSIDERATION: That in consideration of the rights and privileges hereby granted the said grantee, its successors and assigns, hereby agrees to pay annually to the city of Salina, Kansas one-fifth of one per cent of the gross receipts of said Company, arising from the collection of moneys for the services of this company within the City of Salina. This consideation, however, shall not apply until after its gross receipts for ser- vices shall have reached a sum of -24,000000 annually. Said Company shall once each year report on or before February lst to the City Clerk the amount of its gross receipts derived from ser- vices in the City of Salina for the preceding year. Said report shall be sworn to as correct by the auditor or treasurer of said Company, and the right is hereby given to the City at any time, by its proper officers and agents to examine the books, vouchers and all papers of said Company so far as to enable said City to de- termine the gross_ receipts from services of said Company. The payment of the amount due the City shall be made on the 15thday of February following the annual report. Sec. 12. FIRE DEPARTMENT: The consent of the City is given said Company to make such wiring on and in the premises of the Fire Stateion as may be necessary to connect code machines, gong and private telephone, and further consent is granted for suffi- cient space within said fire stat ion to install the duplicate code tape machine, telephone and code directores of the City, in such places and in the manner designated by the Fire Committee, all without any other consideration than hereinbefore provided. Sec. 13. HOLD CITY HARMLESS: The United States Automatic Fire Alarm Company, its successors and assigns, 'shall indemnify and hold harmless the city of Salina, Kansas, from all damages, charges or losses of any kind or character which said City may sustain by reason of its poles, wires, conduits or other appliances used or owned by said Company in the erection, construction or maintenance of its signal systems or central stateion in, on, over, under, or upon the streets, avenues, alleys, viaducts and bridges in said Gity. Sec. 14. Said United States Automatic Fire Alarm Company, its successors and asigns, agree by their acceptance of .this ordinance, to build, maintain, operate and install an automatic fire alarm system to cover the business district of the city between Fifth and Seventh Streets, on the east and west, and Elm and Walnut Streets on the north and south in the city of Salina, Kansas, within twelve (12) months after the acceptance of this ordinance, for the benefit of said City and the inhabitants thereof. Failure to comply with this provision shall cause this ordinance become null and void. Sec. 141. That the maximum service rate to be charged by the Company during the life of this franchise shall be not to -exceed Eight (8) cents per month for each Thermostat actually installed, and in addition to such charge the Compamy shall have the right to charge and collect from the subscribers for its service the actual and necessary expense of installation on or in the subscriber' s premises. Sec. 15.-ACEEPTaCE: That said United States Automatic Fire Alarm Company, its successors and assigns, shall file with the City Clerk of the City aforesaid their written acceptance of the provisions of this ordinance in such form as may be approved by the City counceior within thirty (30) days from the final passage of this ordinance. in case of failure of the said grantee or 1 1 1 1 1 2bPGII 317 1 1 j-, 1 1 assigns to file said -acceptance within the time specified, then this ordinance shall be null and void. Sec. 16. POLICE POWER: Nothing in this ordinance contained shall be held to abrogate, limit or divest the City of Salina, Kansas, of the right or power to enact or enforce reasonable ord- inances under or by virtue of the "police power" for the refuta- tion of the rights and privileges herein granted. Sec. 17. RIGHTS RESERVED: All rights., privileges, powers and immunities not herein expressly granted to the said United States Automatic. Fire Alarm Company, , its successors and assigns, are hereby expressly reserved to the city of Salina, Kansas. Sec. 18. This ordinance shall take effect and be in force gn;d: contin�1b �:in'forc-e':f6r,-,,twenty (20) years from and after its passage and approval and publication once in the official City paper, and acceptance by the United States Automatic Fire Alarm Company. (SEAL) Attest: Passed and approved, June 7th, 1917. Chas, E-, Banker, - City Clerk. rl Ma. j wG, Mayor. STATE OF KANSAS . ) SS. COUNTY OF SAL LN E ) I, Chas. E. Banker, City Clerk of the city of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the Council and approved by the Mayor of the city of Salina, Kansas. June 7th, 1917; and a record of the vote on its final adoption is found on Page '�-hof Journal No. 8. Said ordinance was published in the Salina Daily Union June 9th, 1917. City Clerk.