109 of 1904 - Ordinance 109 of 1904 – Substitute for Bill No. 108, granting franchise to the Postal Tel-Cable Co MURAL TPZ CITY 001TMC/T. OP M.T.T !.Ai CITY and
UTAII by Ordinance, duly adopted and passed on August 8, 1904,which
so.id Ordinance was duly signed, and approved by the Mayor of said
.oi,tyoi Atigust 10, 1.004, gave and cmntod unto the
oPJTrJ00:WAnY, oorroration organized and existing by virtue et
valid pursuant to the lawn of the tate of Wew York, the rirl,t to
cionstinioS, eras, erect arch maintain all necessary poles, pi.iste,
eables, wiros, conduits and other croitable •rnaterials, applinces
anci, ar.pv,rtenanoes necessary and requisite to the operatiAin and
;•.o.interet.noe of ",;elegraph lines in the City of 9alt Take and
state t Utah, for tii period of teenty-five years, upon, along,
under and in tie streets of said city, subject to the terms and
exindi tion$ of said ordinance and to the liittions and rem tri e t ions
in said Ordinance contained; And
acid :POSTAI. TN WitAPP- CATTrli 00-77'.A7117 doSi re
• Rmsigr said Prwlil-lao .k.1,..rA 411 the cightP, rivileçesan3. pc.wory
t rein0;'ahni..e(1. anti eontained, an subject to all the re.:strictionE.
1). Ora inanoe; And
111-7,;,,41.1AA8 the CITY (loner!. OF FIAT,T 1'In, by resolution
duly eulepted at a regular meeting of :mid Council, held on the
evening of the 20th dkty of November, 1004, which said resolution
cl.n.Lr approved by the ,,Ifiyor of said City, granted its consent to
the said POSTAI. Tff.iialtAP14- 0A1.1i 00AlAY to assigsi said "routohiso,
said resolution being in words and figures as follows, to-wit:
winf.6.R1CA3 TrE POTAI.. TKIII/MAPV-CA27.11 00!-iinAmt has, by re ti-
"ti on, Fade roqueSit the t the City flounoil of Salt Take City oo nsent
that it, by assignment, transfer the franchise heretofore granted
"to it by this body to the nO3TAT., TIZ.EGRA.TV-CAB C0M.PA".3Y OP UTAF1
"NOT,Trlia1701123, .R8801,VED by the City Council of salt
"raker City that consent is hereby given and granted unto the Postal
"Telegralth-Cf.ble Octrareol:., to sign the franchise heretofore erpolued
"to said oOrreration to the Postal Telegraph-Cable Company of
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"together with all the rights, privileges and inananities granted in
'said franchise to said !Postal Telegraph-Cable Conran:, and aubjc,ot
"to all the conditions and burdens of said franchise"
7.10W,Tl'ii:.461704!:E, Mr' AT 7 r.14-,1 .7r, 7'1.1P; 7:1;,:w..55.;:ri's, 21,r-,4 0,4-
I'WITAT '4,";s7l.XliArt-'-r::,',7,14 caRTATIY,a oori-oration. the at Cr he first
Tart, for TAnd in consideration of the Ater. of One dollar, to i c
Jr T.r,ild 1..to.(i by ij;0 rongr, Tr UArr-CA Fe 1, ncr,'Y'A FY OF MAT t. e. coi•-
l'Oration T140..,nized and oxiatine under *me br virtue of ills 71R-,rs
of 0,e nate of TItah, the p.urty of tl-o stoond part, the, v-ce,ir,.,
urT,.roof is 1,.4'.e.V,;.• acfroTowlocteed, hcs aold iand assigned, anq by those
rrosents doe transfk,r and set aver suto the said part:, of the
second part„ And its attains, the I‘'ranchise l'eretofore f rautcd to
th..., caio !levy; of the 4.1,rmt part b:- the City nouncil of FT-IL Tai-e
rra-tinr unto said party of the first part the
riett and power to eenstruot, operate mud alhir,to.i-,: P. till erl'71,rt,
Ltria and telvera.9h. gystens in the said Oity of Salt Take, And
the ,riftts, Irtivileges and rowers riven and rt• rited by r!'''id fran-
chic°. as TTill 'Ivy,: fully amear by reference to an Ordinance en-
titled "An Ordinance g,antinc a Prauchise 'to the Portal Tralh-
on),10 conTerL:,., a Seri-0mA ion", adopted by t.i:e fli ty neball of Salt
.7r,,C,•:-o (it r on the ath lay of August. 1904" and cprroved by il:e !layer
of rti id nit:, on tie 10th day of .Pngut, A.7,. 1904.
cF
T7J Wr7 ,17:-F,:ian , 0,0 eid rorty of tiW firat rRrt .„ try
—
v i rtue of a 11;307.111TION o 4-ita Board of Directors, duly akIcpio:d on
the -- -4-o,-(,-/X, driy of ;) -e-e--z-r--,-c--"-e---ff 149 40-,5;v.. ()Resod 41,t-Se
i ri.a vs ts to by ext et'tod WI 6 1 L cor::-ori,..,‘e San/ I en.tv f.s L L,-,0).-.,0, on
,y ,—
thi F ' - _ -7 t• (1.,!.:7 of
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rOpakr, . .7 (101r,'AllY,
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STATF, OF '11.7" YORX
COUNTY OF NBC YORK. )
07 this (s- -- day of 5Co44tt 190 a--V,--before ias
(/
a 710tf1ry Public in ind for the Covnt of
-7/ •=9-,/44. C-4
New York, personany appeared f 7-/
personar.y tnown to me to be the e,P....e2- President of the l'OSTAI
TK'r,PliAPIT-0A,F,Ig COMPANY, a corporation, that 4-executed the Tithin
instnneent and acknowledged to me that such corporation execpted
tthe same.
TIT WITNESS 'wriamov I have hereanto set my hand and af-
f ized my official eeal the day and year in this certificate first
above wri t ten.
,C,77e1
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NOTARY PUr • ,-
JV".. .(M,
AN ORDINANCE
Granting a Franchise to the Postal Telegraph-Cable
Company, a corporation.
Be it Ordained by the City Coatu•il of Salt Lake City:
1 Section 1. That the POSTAL TELEGRAPH-CABLE
2 COMPANY,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
5r.an rnmiutain,'all necessary poles, posts, cables,'wires, con-
A
(i duffs and other suitable materials, appliances and appurte-
7 notices,necessary and requisite to the operation and mainte-
`'t
8 mince of telegraph lines in the City of Salt Lake and State of
o r.-
9 L'ioh,for the period of.v-•r n., lip d(1t14)
• • A
10 under ri �
11 l'iect- Canrpu0rrrinrg o+ n,.,cite li,,,itc of u-,tt ..;ty
12 , - _ _ _. ..
13 .cur—r. =n:.Prn.
14 SNw }— Co,,nic.nciu_at tin wily li,,,ita of satirrt} dfr Lire
15 sa+
1(i (iI•v lithe ua the rm hh.
17 "I" i r�..�-.++ne.nrn.------."-,:e •t t}tr rill,1' it,, of,.,';r .,�c..,,.,it e
is efts!,iheace ei,,,cg ct.u-^.ol south rtrcet in Mid cite tK,the o&ty
1S1 Tim+ r i -t.
20 1` i C g r tl e 't�-limits f '
22 Benito r,f rs,;3 city 7R the west.
2.{ h'ift h Cnun uenr.imp aa-t-lm-r+4 144..4• f '1 4.4y ca,+—il+,
24 rmtrth," ,along secouca B r t-s+Krt to 11w—ity
25 l ili-o n+t l-ibM on+t,,,,,.,,-ti,
21i Section 2. All wires❑nd eables,within the following dc-
27 scribed district shall be placed underground in conduits, or
2S otherwise, to-wit: -Alain Street or East Temple Street from
29 Sonllb Temple Street to Fourth South Street, State Street ,
30 from North Temple to Fourth South Streets; First South '•�
�yZ
2
1 Street front the east line of Second East Sheet to West Tem-
2 ple Street; Second South Street fromfrom the east line of State
3 Street to Sixth West Streetl %! .57
4. Provided,that temporarily and until said city shall give
5 the notice hereinafter mentioned, said grantee may, subject
to supervision by the Chief of the Fire Department and the
7 City Engineer of said city, string its wires in said described
8 district above ground and attach the same to the cross arms
9 upon the Rocky Mountain hell Telephone Company's'poles,to
10 which the police and fire alarm wires of said city fire 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 teutpnrarc 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 malice being given Ihen the same shall forthwith be removed
17 by the Chief of the Fire Department of said city.
1i3 All poles anti posts used by the said grantee, its snores-
19 stirs and assigns,shall be reasonably straight and at all points
20 where there is unusual strain shall be sufficiently stayed in a
21 worl<namlike 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 Imd require-
24 menu flit existing ordinances, or ordinances which may here- i.
'4'
25 after In,passed in relation to size,height,painting and position
26 of the wires thereon.
•
27 Section :3. All work done by the grantee herein, in the
28 public streets,lanes,alleys,or other public places in said city,
29 shall be done by the grantee hereinn under the supervision of,
30 iind subject to inspection by the City Engineer the right being
31 expressly reserved herein by the City Council,acting through
32 the then City EngineerAto condemn any work of construction
Ch-
33 not t or ter ormed in accordance with the terms of this
A
34 franchise,or contrary to existing ordinances,and to stop and
A
3
1 prevent the continuation of any such work, contrary to this
2 franchise oexisting ordinances.
A
3 Section 4. The grantee herein,its successors and assigns,
4 shall,in erecting poles or posts,or in doing underground work
5 in placing conduits or the like, disturb sidewalks and pave-
fi ments in the said city as little as possible and shall at all
7 times, after erecting such poles or.posts, wire or cables, and
8 doing any underground work, replace all streets and pave- `f�
6 merits 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 G. The granter herein,its successors and assigns, d
13 hereby assumes all liability fur, and agrees to indemnify the 0
l
14 city against any and all loss,cost or damages whatsoever ad-
15 ,judged or claimed against said city by reason of the erection,
1
lb establishment,]oration and maintenance of any and all poles, A 8.
17 posts,wires,conduits,or the rise of the same,or any of them,
18 and from any and all loss,costs or damages whatsoever arising
V J
it) 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 judgment is recovered,and be given an opportunity to defend
22 the stnne . ,
23 -
24
26 agenie..,
27 Section 6. The City Council of Salt Lake City hereby ex-
28 pressly reserves the right to use,without cost or expense to it,
20 any or;ill of the poles or conduits erected,constructed or main-
30 tainted by the grantee herein, for the purpose of stringing or
31 laying such wires as may he 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 rise of said poles or conduits for lire wires of the grantee;
4
1 and,Provided further,that such reservation to the city shall
2 not include the right to place wires for electric lighting, or
3 Iransnitt-ing electric power,or other dangerous current,upon
4 the poles,or in the conduits of said grantee.
5 Section 7. This franchise is expressly granted upon con-
li (Elion that within six months front the date of its passage the
granite shag 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.
I0 Sect ion S. The grantee herein,its successors and assigns,
11 sha11,as fast as the pavement of the streets of Salt Lake City
12 is extended,place its wires underground in conduits,or other-
13 wise on the streets so paved.and in advance of said pavement.
14 Section 9. This franchise, and all the privileges herein
5 granted,shall be non-transferable by the grantee herein with-
lfi out I he consent of the City Council of Salt Lake City.
17 Section lit. This franchise, and all the privileges herein
1S and hereby granted, shall be void rind of no effect unless the
19 grantee herein shall,within thirty days from the passage here-
, 20 of, Tile with the City Recorder of Salt Lake City,its accept-
21 Imeo,in writing,of this franchise and of all its terms and con-
22 diaions.
211 seriion H. I1 shall be unlawful for any person, or per-
24 sons, to injure or deface any of the poles,wires,conduits, or
215 list ores,or apparatus of the grantee,or to post bills or notices
29 upon said toles, or to use said poles as hitching posts for
27 horses,or for any purpose whatever other than the support of
28 oleelrical wires and apparatus.
29 Seri ion 12. Any person,or persons, violating any of the
30 provisions of Section eleven of this ordinance shall,upon con-
31 vietion thereof,pay a fine of not less than Five(:3F5.00)Dollars
32 tier more than Twenty-five(f25.00)Dollars.
33 Section 13. All telegrams of the city pertaining to its
34 municipal business,and signed by the Mayor, or the head of
5
.
Section. 14. This ordinance is hereby expressly declared and under-
stood not to be irrevocable or immutable as respects the manner, method,y s
te
conditions yr,aidistreets.ions inIt which
hereby under
enactedhand said
understood that
in or occupy
Salt Lae City reserves the power and right to and
c�ncernin�ythentzse
eral ordinance such rules, regulations and requirements
of said streets, the setting�ofe poles
ai sag id strstr reets
oraid selsewhererin
said e city, the stringing of wires underground, as the
elscvrherpe in said city, and the placing
Council of said city nay deem proper, wise or expedient. Nor :shall this
ordinande in any manner or degree relieve or exempt said grantee from
the gayent of any license fee or license tax, or from any other charge 1
or toll required from it or from the business by t conducordince'navor placed i
upon any of its acts or undertakings by any general
or hereafter enacted.
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:L
Passed by the City Council cf Salt Lake City, Utah, Io uit 8th, 1904,
enr leferied to the 31c yCr to his acci"cvc1. ��. ,
City F.ecordez.
ove this C�day of D.acu:ct, 1904.
1pp;. _
Msyoi.
5
I. any city department,shall be transmitted liv grantee over its
2 !hies free if charge; Provided,that the regular rates for said
3 messages so transmitted shall not exceed in the aggregate the
4 sum of one hundred dollars in any one,N ear.A.---------
5 Section 14. This ordinance shall be in force from and
fi after the dale of its passage and filing in the office of Ihe City
,
• ,
7 Recorder of Salt Lake City by the grantee of its written tic-
\,t
.., I)
8 ceptanee hereof.
._...... 1
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Passed by the City Council of Salt Lake City, Utah, buust 8th, 1904, i
end referred to the Y.syor fol' his epol'ovt,l. 1
'—' ---- --='-' .•
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7 City F,ecorde.e.
reproved this /6,2, of !",uuFt, 1904.
q. }kof
MayoY.
. _
cgi
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REAZ' AND ADOPTED
AUG 81904
First Publication in
14*9
AUQi219O3
J. S. CRITCHLOW,
City Recorder,