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Home My WebLink About119 of 1902 - Ordinance 119 of 1902 â€“ Franchise, Utah Home Telephone Company. I j • III CMAi O1L oweR- STAMMeizebigrell granting a franchise to the Utah Home Telephone Company, a corporation. WH BEAS, it is the avowed intention of the Utah Home Telephone Company, a corporation, to construct, maintain and operate in Salt Lake City, Ogden, and in other cities and towns throughout the State of Utah, independent telephone exchanges, and to connect said cities and towns by toll lines and to establish a telephone system to cover the entire State of Utah, and WHEREAS, It is the avowed intention of said corporation to install in said exchanges and in connection with said toll lines the most modern apparatus, ; and to equip the entire telephone system by it operated,in accordance with the most modern engineering practices, and., WHEREAS, It is the avowed intention of said corporation to I- ' maintain a telephone system separate and distinct from,and at all times in constant competition with,all other telephone companies in the State of Utah, and, WHEREAS, In order to provide for the future growth and develop- ment of Salt Lake City, and the constantly increasing demand for telephone service, it is the intention of said corporation to install an which shall have a capacity exchangeP Y of not less than three thousand (3,000) complete metallic circuits, and, WHEREAS, It is the avowed intention of said corporation and its incorporators and promotors to remain at all times an independent I i telephone company having no connection with any other telephone company whatsoever, and to keep the management and control of said � I company in the hands of actual and bona fide residents of the State of Utah, to the end that the largest possible benefits accruing from the operations of Malt companyshall be and remain with the P people of the State of Utah A onlacwv.ko°V NOW THEREFORE BE IT AMMO BY THE CITY COUNCIL OF SALT LAKE CITY: ?4) -2- Section 1. That the Utah Home Telephone Company, hereinafter called the grantee, its successors and assigns, have the authority and consent of the City Council, and permission is hereby granted it, to construct, operate, erect and maintain upon, along, through, under and in the streets, alleys, lanes and public places of said City all necessary,poles, posts, cables, wires, conduits and other suitable materials, appliances and appurtenances necessary and requisite to the operation and maintenance of a telephone exchange in said city, for a period of fifty (50) years. Section 2. All wires and cables within the following described district shall be placed underground in conduits or otherwise, to- wit: Main, or East Temple Street from South Temple to Fourth. South Street; West Temple Street from South Temple to Fourth South Street; State Street from North Temple to Fourth South Street; South Temple Street from the east line of State Street to Third West Street; First South Street from the east line of State Street to West Temple Street; Second South Street from the east line of State Street to Sixth West Street; Third South Street from the east line of State Street to West Temple Street. All poles and posts used by the grantee herein, its successors and assigns, shall be reasonably straight,and at all points where there is an unusual strain, shall be sufficiently stayed in workmanlike manner, and at all points shall be so placed as not to interfere with travel or the ordinary use of the streets, and shall further comply with the terms and requirements of existing ordinances or ordinances which may be here- after passed,in relation to size, height, painting and position of the wires thereon. Section 3. That the said grantee, its successors and assigns, shall furnish, maintain and keep in repair free of charge, telephones not exceeding forty (40) in number, for the use of Salt Lake City, the location of which said telephones shall be as directed by the City Council, and provided that, after the expiration of two years _ , ._ 04, I I from the date of granting this franchise, the said grantee shall upon demand by the City Council, furnish to Salt Lake City such additional telephones as said city may require and said Council demand, not exceedmng ten (10). Section 4. The right to purchase the entire plant, property and franchise of the grantee herein within the limits of Salt Lake 1 City, including the appurtenances, appliances, exchanges, instru- j 1 ments and other property is hereby reserved by Salt Lake City a municipality, and, said municipality shall have the right at any time it may deem fit, to purchase said property and re-possess itself of said franchise upon payment therefor of a fair and reason- able sum to he fixed by arbitration or by judgment of a court of competent jurisdiction upon condemnation thereof, the grantee here- in and its successors and assigns 14111111111WIlli by acceptance ,hereof expressly consenting to such condemnation for the purpose of fixing the purchas price of itssaid property. Section 5. The rate or rental of telephones used for business purposes within the corporate limits of Salt Lake City shall not exceed the sum of forty-eight ($48.00) dollars per year; the rate or rental of telephones for private residences within the corporate limits of said City shall not exceed the sum of thirty ($30.00) dollars per year. Section 6. Any combination, secret agreement or understanding 1 for pooling, or agreement to pool between the grantee, its success- ors or assigns, and any other person, fttm or corporation now engaged, or which may hereafter engage in the construction, main- 1tenance and operation of any telephone line or lines, exchange or , exchanges within the limits of Salt Lake City, wherein or where_by jand by which the rates charged for the use of telephones within the corporate limits of Salt Lake City shall be greater than the rate' p in Section 5 of this ised:bn named, shall cause and work a ' forfeiture of the franchise hereby granted, and the City Council of [Salt Lake City hereby reserves the right to declare a forfeiture of, , iiu _a- Ot this franchise as a penalty for any such combination, secret agreement, understanding or pooling, the grantee herein and its successors and assigns expressly agreeing and consenting to the jurisdiction of said Council to so declare. Section 7. All work done by the grantee herein in the public streets, lanes, alleys or other public places in said City shall be done by the grantee herein under the supervision of and subject to inspection by the City Engineer; the right being expressly reserved herein by the City Council acting through the then City Engineer to condemn any work of construction not done or performed in accordance with the terms of this franchise, or contrary to existing ordinanee4 and to stop and prevent the continuation of any such work contrary to this franchise or existing ordinances. Section 8. The grantee herein, its successors and assigns, shall in erecting poles or posts, or in doing underground work in placing conduits or the like, disturb sidewalksx and pavements in o+uu a<< cas T .. , said City shall at all times after erecting poles or posts, wires or cables, and doing any undergroung work, replace all streets and pavements disturbed by them and leave said streets and pavements in equally as good condition as they were before being so disturbed. n J F(t\ 'ri 9. The grantee herein, its successors and assigns, hereby assumes all liability for and agrees to indemnify the City against any and all loss, costs or damages whatsoever adjudged or claimed against said City by reason of the erection,establishment,location and maintenance of any and all poles, posts, wires, condai;s or the use of the same, or any of them, and from any and all loss, costs, or damages whatsoever arising in any manner from the use thereof, and the said grantee agrees to, and this franchise is granted upon the express terms that said grantee wili,before it commences any work of construction,file with the City Recorder of Salt Lake City, a good and sufficient bond in the sum of twenty-five thousand (425000.00) dollars, with sureties to be approved by the x mIF City Council, to keep said City so indemnified and protected, and the -5- exercise by the grantee herein, its successors and assigns, of any of the rights herein granted shall estop it from denying the accept- ance of this franchise, with all its terms, conditions and liabil- ities. Section 10. The City Council of Salt Lake City hereby express- ly reserves the right to use without cost or expense to it,any or all of the poles or conduits erected, constructed or maintained by the grantee herein for the purpose of stringing or laying such wires so as way be necessary for use in its police and fire alarmA for other municipal purposes,provided that such wires shall not inter- fere with the proper*nd reasonable use of said poles or conduits for the wires of the grantee. Section 11. This franchise is expressly granted upon condi- tion that within six (6) months from the date of its passage the grantee herein shall commence and continue without interruption, the work of constructing and erecting its lines, and preparing ,its exchanges, and prosecute the same thereith reasonable dili- gence to completion, unless prevented by unforeseen accident, or unavoidable delay in procuring material to be used in construction work. Section 12. The grantee herein, its successors and assigns, shall,as fast as the pavement of the streets of Salt Lake City is extended, place its wires underground in conduits on the streets so paved, and in advance of said pavement. Section 13. This franchise and all the privileges herein granted shall be non-transferable by the grantee herein , without the consent of the City Coundil of Salt Lake City, except after the grantee, its successors sgl. assigns shall have offered to sell its entire property and privileges to said City at a reasonable (valuation, to be determined by arbitration if demanded by the City Council, and said City Council shall have rejected or shall have for a period of ninety (90) days refused to act upon said offer of sale, or the determination of said sgillfEr^of arbitration if arbitra-, Ition be demanded. I -6- Section 14. The franchise and privileges herein and hereby granted shall be void and of no effect unless the grantee herein shall.,within thirty (30) days from the passage XXX hereof1file with the City Recorder of Salt Lake City, its acceptance in writing of 1 this franchise, and all its terms and conditions, and deposit at the sam time with said City Recorder a bond in the sum of twenty- , ,� �,,.. �,�.� �I ,�4" ' fd e,(`$25000.00);°�.ollars,with good and sudficient sureties to be o'app,roved by the C unciI,y,00ndition'ed that the grantee herein will Y C comply' hereafter tiIth all lawful otdiYiancesi, resolutions and idirections of thea_City"Co.uneil.'' � ile. i,I � 1 v n;'v , 11N�as Y 3001 41),.a'f 4.n,hi t1.0.+119 4116.i4 . d[': 1_ ,,,II ,1`r(, )y 11y1,r=i f' -3 Y bµa 1_.:a.V 71 C-�R4 f>. ;, ,ppa-16 �'j 7;":, : �� 9 :it i;17 'n . , . - ;ill 7"1i�: r,i , �i t, i : , it° 1i , or ., ,41i i -1•,i` , 49 i ; c p,. /a ,141;n 0 rpt:i rl Lo ;h Ill:,aPi:a=,-_,,3 ;' ci' �ni,1 .i_t1 '7] cY. 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