122 of 1908 - Ordinance 122 of 1908 Franchise, Ratifying, confirming & re-enacting certain rights & privileges gra AN ORDINANCE.
An Ordinance ratifying, confirming and re-enacting certain rights
and privileges granted by the City Council of Salt Lake City, September
9, 1879, to William Jennings and seven others, and amending the same,
and ratifying and confirming the transfer of said certain rights and
privileges to the Rocky Mountain Bell Telephone Company, a corporation
of Salt Lake City, Utah.
WHEREAS, William Jennings and seven others, by petition addressed
to the City Council of Salt Lake City, Utah, August 26th,1879, represented
that they were desirous of forming an incorporate company to be known
as the Salt Lake Telephone Company, for the purpose of connecting the
principal places of business, offices,residenees, etc., by a district
telephone system, and asked permission for themselves and assigns to
erect the necessary poles, and run wires in and through the streets of
said city for the above purpose: and
WHEREAS, Said petition was received and referred to the Committee
on Streets and Alleys: and
WHEREAS, On the 9th day of September 1879, the Committee on Streets
and Alleys reported favorably, and recommended that the prayer of the
petition be granted: and
WHEREAS, Said William Jennings and seven others, on December 13,
1880, duly assigned to A. J. Pattison and Company the right to erect
poles for use of a Telephone Exchange, which assignment was on the
22nd, day of December 1880, ratified in part by said City Council;and
WHEREAS, Thereafter said rights and privileges were assigned and
transferred to the Rocky Mountain Bell Telephone Company, a corporation
duly created under the laws of the Territory of Utah to exist fifty years
from the date of said incorporation; and
WHEREAS, Said corporation installed in Salt Lake City, and contin-
uously maintained and operated a Telephone Exchange and telephone system
from the date of its incorporation, and treated with and contracted with
the City Conrail of said City relative to its business; and
WHEREAS, The said City used the poles so erected as aforesaid by
said Telephone Company, and said Company's conduits upon and in which
to string and place wires for said City's fire alarm and police system
for a long period of years, and thus recognized the right of said
Telephone Company to maintain and operate a telephone system within said
City; and
WHEREAS. There exists a legal^question as to the extent of time the
rights so acquired shall continue, and a question as to the rights,duties
and obligations of said Rocky Mountain Bell Telephone Company and sail&
Salt Lake City, due to each other; and
WHEREAS, The said Roof Mountain Bell Telephone Company disputes
the right of said city to collect a license tax on its business as
provided by ordinance of said City;
NOW THEREFORE, For the purpose of settling and determining the
questions which have heretofore arisen between said City and said
Company as aforesaid, and of fixing the liability and duty of said
Company in the premises, and confirming the rights and privileges
acquired by said Company under the acts of the City Council of September
9,1879, and December 21,1880, and rights and privileges otherwise ac-
quired, and in further consideration of said Rocky Mountain Bell Tel-
ephone Company annually, during the remainder of its corporate
existence, paying to Salt Lake City, commencing January 1,1908, one per
cent of its gross earnings from Salt Lake City rentals, such sum to be
paid to the City Treasurer on or before the fourth Monday in each J u rJ
following, also to furnish to Salt Lake City during the same per.io
free telephones per annum. In consideration of the premises:
Be it ordained by the City Council of Salt Lake oity,Utah;
SECTION I. That the rights and privileges heretofore granted to
William Jennings and seven others, now owned by the Rooky Mountain Bell
Telephone Company, a. corporation of Salt lake City, and 'the assignment
and transfer of said rights and privileges to said Company, be, and the
same is hereby ratified and confirmed in said Rooky Mountain Bell Telephone
Company during the remainder of its corporate existence, that is to
say, until February 26, 1933, and shall terminate upon said. date.
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SECTION 2. That the said rights and privileges, as set forth in
Section One of this Ordinaneei so confirmed and ratified, be, and the
same are hereby amended so as to read as follows:
Such Telephone Company for and in consideration of the
confirmanoe of the rights and. privileges, and the ratification of
the same as aforesaid, during the remainder of its corporate existence,
agrees to pay annually to Salt Lake City, commencing January 1,1908,
one per cent of its- gross earnings from Salt Lake City rentals, such
sum to be paid to the City Treasurer of said City on or before the
fourth Monday in each January following, and also to furnish
to said City during the same period, forty free telephones per annum.
The above considerations shall be in lieu of all rentals,lieense
fees or taxes upon the business of said Telephone Company.
SECTION 3. For the purpose of determining the amount of gross
earnings and the sum to be paid, the books of said Corporation shall be
subject to inspection of the City Auditor at all reasonable times.
SECTION 4. The Rocky Mountain Bell Telephone Company must accept
this ordinance on or before five days after its approval by the Mayor.
SECTION 5. This ordinance shall take effect upon approval.
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