123 of 1911 - Ordinance 123 of 1911 – Franchise, Utah Ice & Storage Co., to lay a 6-inch cast iron pipe upon 2nd AN ORDINANCE .
An ordinance granting to Utah Ice and Storage Company, a cor-
poration, and to its successors and assigns, a franchise and right
of way to lay a six ine oa iron pipenupon Second North and Fifth
West Streets, in Salt Lake City, Utah.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. A franchise and right of way is hereby given and
granted to the Utah Ice and Storage Company, a corporation, and to
its successors and assigns, to lay a six inch oast iron pipe for
the conveyance of brine, distilled water and other liquids in
Second North and Fifth West Streets in Salt Lake City, Utah, between
the following points:
Beginning at the point shown in red upon the annexed blue print
in Second North Street between Third West and Fourth West Streets,
on the north side of said street, and running thence west on Second
North Street to Fifth West Street, thence south as Fifth West Street
to the building and plant of the grantee on the sontbsast corner of
Third South and Fifth West Streets, connecting both of said plants
with said pipes; the line of said pipe being delineated in red upon
a blue print annexed hereto and made a part of this franchise.
SECTION g: Said pipe shall be laid so that the top thereof
shall be at least three feet below the surface of said streets, and
under the direction of the City Engineer of Salt Lake City.
SECTION 3. Nothing in this grant shall be construed to prevent
Salt Lake City, its agents, servants or contractors from paving,
lowering the grade, or otherwise improving said streets or either of
them, or from laying or lowering water, sewer, gas, heat or electric
light pipes, mains or conduits in said streets, or either of them,
and in case said city shall direct any of said pipes, mains or
conduits to be laid or lowered so that the same shall interfere
with any pipe laid under this franchise, or in case the work of
paving, lowering the grade of, or otherwise improving either of
said streets shall interfere with said pipe, then the grantee here.
in, its successors or assigns, shall #izx at its or their expense,
lower as directed by the City Engineer, or remove if the same can
not be lowered, said pipe so as not to obstruct the carrying on of
the work aforesaid. Nor shall anything contained in this grant be
-2-
construed to prevent persons, associations or corporations to whom
a franchise may have been granted by said city, from laying mains,
pipes or conduits in said streets or either of them.
SECTION 4. That the grantee herein, its successors and assigns,
in laying said pipe shall do so in such manner as not to obstruct
the use of the streets aforesaid, and when said pipe shall be laid,
it shall restore said streets to the setisfaction. of the Supervisor
of Streets of said city.
SECTION 5. The said grantee herein, its successors and assigns,
shall, and by the acceptance of the privileges and franchises here-
in granted, and in consideration of the same, does bind itself, its
successors and assigns, upon its acceptance of this franchise, to
save said city harmless from all suits, claims, demands, and judg-
ments whatsoever, whether in law or in equity, which shall be assert-
ed, found or rendered in any manner whatsoever against said city
for injury or damage to abutting property or otherwise, by reason
of the granting of this franchise, or by reason of the operation of
said pipe line; and that the grantee herein, its successors and
assigns, will pay the amount of any judgment, determination or
adjudication, which, in any suit or proceedings may or shall be
found against Salt Lake City; provided, however, that said grantee.
its successors and assigns, shall have had notice o' any such suits,
and an opportunity to appear and defend the same; and said grantee,
in
its successors and assigns, shall appearrand defend all actions
brought against Salt Lake City for any injury or damage by reason
of the construction, operation or maintenance of said pipe line.
SECTION 6. This franchise is granted for a period of fifty
years from and after the approval of this ordinance.
SECTION 7. Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the grantee herein within
thirty days from the approval of this ordinance, and unless said
pipe line be constructed within one year from the date of such
approval, then this ordinance shall be null and void.
SECTION 8. Tjiis ordinance shall take effect upon approval.
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