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HomeMy WebLinkAbout108 of 1904 - Ordinance 108 of 1904 – Granting franchise to the Postal Tel-Cable Co., a Corporation, to construc AN ORDINANCE Granting a Franchise to the Postal Telegraph-Cable Company, a corporation. Lao it (hvlait ed by the (,'ity Cott/wit of s1tlt Lake City: 1 Section 1. That •the POSTAL TET.EGRAP11-CABLE 2 C(Ih11'A2cY,hereinafter called the grantee,its successors and 3 assigns, have the authority and consent of the City Council, 4 and the right is hereby granted it to construct,operate,erect 3 and maintain, all necessary- poles, posts, cables, wires, con- e dolts and other suitable materials, appliances and appurte- nances, necessary and requisite to the operation and mainte- S nance of telegraph lines in the City of Salt Late and State of 9 Utah,for the period of one hundred (100) yeas, upon,along, 10 under and in the streets of said city,as follows,to-wit: 11 First—Commencing at the city limits of said city on the 12 south,thence along State street to the city limits of said city 13 on the north. 14 Second—Commencing at the city limits of said city on the 15 south,thence along-lain street or East Temple street to the 16 city limits of said city on the north. 17 Third—I'ounueacing at the city limits of said city on the 123 mast, thence along Second South sired in said city to the city 19 limits of said city on the west. 20 Ponrlh—Commencing at the city limits of said city on the 21 east, thence along First South street of said city to the city 22 baits of said city on the west. 23 Fifth—Commencing at the city limits of said city tut the 24 south,thence along Seroad\Vest street in said city to the city 23 limits of said city on the north. 21; Section 2. All wires and cables,within the following de- 27 scribed district shall be placed underground in conduits, or 28 otherwise, to-wit: Alain Street or'East Temple Street front 29 South Temple Street to Fourth South Street; State Street 30 from North Temple to Fourth South Streets; First South 108 2 1 Street from the east line of Second East Street to West Tem. 2 plc Street; Second South Street from the east line of State 3 Street to Sixth West Street. 4 Provided, that temporarily and until said city shall give fI the notice hereinafter mentioned, said grantee may, subject 10 supervision by the('Lief of the Fire Department and the 7 City Engineer of said city, string its wires in said described H district above ground and attach the same to the cross arms 9 upon I he Rocky Mountain Bell Telephone Company's poles,to 11) which the police and fire alarm wires of said city are now at- 11 (ached. This concession is granted upon the express condition 12 that said grantee will, upon ninety days' notice in writing 13 being given by said city, remove said temporary wires from 14 said cross arms and place the same underground; and in the 15 event that said grantee fails to remove said wires upon said 16 notice being given then the saute shall forthwith be removed 17 by the Chief of the Fire Department of said city. 1S All poles and posts used by the said grantee,its succes- sors and assigns,shall be reasonably straight mud at all points 20 where there is unusual strain shall lie sufficiently stayed in a 21 workmanlike manner,and at all points shall be so placed as 22 not to interfere with the travel or the ordinary use of the 23 streets,and shall further comply with the terms and require- L4 mewls of existing ordinances. or ordinances which may here- 2J after be passed iu relation to size,height,painting and position 26 of the wires thereon. 27 Section It. All work done by the grantee herein, in the 2y public streets,lanes,alleys,or other public places in said cif}k 29 shall be done by the grantee herein under the supervision of, 30 and subject to inspection by the City Engineer,the right being 31 expressly reserved herein by the City Council,acting through 32 ttte Theo City Engineer.to condemn any work of construction 33 not done or performed in accordance with the terms of this 34 franchise,or contrary to existing ordinances,and to stop and 3 1 prevent the continuation of any such work, contrary to this 2 franchise or existing ordinances. .r Section 4. The grantee herein,its successors and assigns, 4 shall,in erecting poles or posts,or is doing underground work 5 iu placing conduits or the like, disturb sidewalks and pave- (i menu in the said city as little as possible and shall at all 7 Limes, after erecting such poles or posts,wire or cables, and 0 doing ally underground work, replace all streets and pave- 9 meals disturbed by them and leave said streets and pavements 10 in equally as good condition as they were before being so dis- 11 turbed. 12 Section 5. The grantee herein,its successors and assigns, 13 hereby assumes all liability for, and agrees to indemnify the 14 city against any and all loss,cost or damages whatsoever ad- l:r Judged or claimed against said city by reason of the erection, Ili establishment,location and maintenance of any and all poles, 17 poses,wires,conduits,or the use of the same,or any of them, jg and from any and all loss,costs or damages whatsoever arising PO in any manner from the use thereof; Provided,that the said 20 grantee shall have notice of the pending of any suit in which 21 Judgmeul is recovered,and be given an opportunity to defend 22 the same, and,provided further. that the grantee, its sncces- 23 µors and assigns,shall not lie liable for any damages for per- 24 sonol or other injon-ies arising from, or growing out of any 25 negligence or wart of care on the part of the said city, its 26 agents or servants. 27 Section 6. The City Council of Sall.Lake City hereby ex- 2S pressly reserves the right to use,ivithoat cost or expense to it, 29 any or all of the poles or conduits erected,constructed or main- 30 lained by the grantee herein,for the purpose of stringing or 31 laying such wires as may be necessary for use in its police and 32 fire alarms system,or for other municipal purposes; Provided, 33 that such wires shall not interfere with the proper and reason- 34 able use of said poles or conduits for the wires of the grantee; 4 1 and,Provided further,that such reservation to the city shall 2 not inclodc the right to place wires for electric lighting, or 3 transmitting electric power,or otter dangerous current, upon 4 the poles,or in the conduits of said grantee. 5 Section 7. This franchise is expressly granted upon Con- ti dit ion that within six months from the date of its passage the 7 grantee shall furnish the citizens of Salt Lake City with tele- 8 graphic facilities to all points in the United States where said 9 grantee maintains offices. 10 Section S. The grantee herein,its successors and assigns, ]1 shall, is fast as the pavement of the streets of Salt Lake City 12 is(xtended,place ite wires underground in conduits,or other- 13 wise on the streets so paved,rind in advance of said pavement. 14 Seri ion 1). This franchise. and all the privileges herein I l granted,shall be non-Iraus'erahle by the grantee herein with- 11i out the consent of the City Council of Salt Lake City. 17 Section In. This franchise, and all the privileges herein 1$ and hereby granted,shall he void trod of no effect unless the ltl grantee herein shall,within thirty days from the passage here- 20 or, life with the City lieeorder of Sall Lake City, its accept- 21 trice,in writing,of this franchise and of all its terms and con- 22 lit ions. 2.,1 Section Il. It shall be unlawful for any person, or per- 24 sons, to injure or deface any of the poles,wires, conduits, or 25 fixtures,or apparatus of the grantee,or to post bills or notices 26 upon said pules, or to use said poles as hitching posts for 27 horses,or for any purpose whatever other than the support of 28 electrical wires and appara(us. 29 Section 12. Anv person,or persons,violating any of the 30 provisions of Section eleven of Ibis ordinance shall,upon con- viction thereof,pay a fine of not less than Five(.j.i.0(t) Dollars 32 nor more limn Twenty-11ve fS25.00)Dollars. 33 Section 13. A11 telegrams of the city pertaining to its 34 municipal business,and signed by the Mayor, or the head of 5 any cite'department,shall be transmitted Imm grantee omen its 2 lines free of charge; Provided,that the regular rates for said 3 messages so transmitted shall not exceed in the aggmga le the 4 sum of one hundred dollars in any one meat. S Section 14. This ordinance shall be in force front :mil G after the date of its passage and filing in the office of the City 7 Recorder of Salt Lake City by the grantee Of its written at- . S ceptanee.hereof. I e () i - • 4 i ,-, , ti t 5 • . C,Cs ©......, -,--, ;.•-• , t77:: ,'.'''W ,t.' ::--: •.' f 1 .7,sx 'rf`:)'4'',',-i,s• s'S':t 4 1 • 1,... i i 7,,