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178 of 1908 - Ordinance 178 of 1908 – Amending & re-enacting Section 88, re: permit & bond required for construc i f. ;. .. AN ORDINANCE . ,/ An ordinance amending and re-enacting Section 88 of the Revised Ordinances of Salt Lake City of 1903. • Be it ordained by the City Council of Salt Lake City,,Utah: , a i i SECTION 1. That Section 88 of the Revised Ordinances of Salt Lake City of 190 , be, and the same is hereby amended and re-enacted .• so as to read as follows: 88. CELLARWAY OR AREA. PERMIT ADD BOND REQUIRED FOR CON- STRUCTION. WAIVER. AGREEMENT TO INDEdNJIFY CITY. NEW BOND, ETC. It shall be unlawful for any person, firm or corporation to ex- street eavate under any sidewalk at any,,intersection between the property line and the curb line, and no permit shall be issued for any such excavation. It shall be unlawful for any person to erect or construct any stairway or passage leading from any street, avenue or alley, into the basement or cellar of any building within the limits of Salt Lake City, and thereby occupy any portion of the street, alley or sidewalk, or to excavate or construct any area or vault under any sidewalk or any portion of the public streets, avenues 1 or alleys of Salt Lake City, unless the party so constructing th, same shall have procured a permit so to do from the city council and shall have given a bond in an amount fixed by the building inspector, not less than one thousand nor more than ten thousand dollars, which shall be approved by the council. Such bond shal run to Salt Lake City and to any person injured, and shall be co,- ditioned for the payment of all damages that may be adjudged against him or them, or against said city on account of any inju y which may happen to any person or property by reason of such stairway, passage, area or vault, or by reason of the unsafe or dangerous condition of the same, or of any covering, grating or railing being over or about the same. And in no case shall ex- cavations be made nearer the curb than four feet. '7 . No permit shall be issued for any of the purposes mentioned) in this section unless the applicant for such permit shall be the owner of the abutting property, and shall, in consideration of granting such permit, in writing waive in the name of such applicant, his, her, their or its heirs, executors, administra- tors, assigns or successors, all claims for damages of every name or nature that may occur or accrue to the building abuttin . on such excavation, or to the contents of said building by reason of water from the sewer, curb or water pipe along the street; a d in said writing shall agree to indemnify Salt Lake City against I f, all damages and claims for damages done to the property of any tenant of said building, or other person or property by reason of water from the sewer, curb or water pipe along the street, I resulting in whole or in part by reason of such excavation. , Said writing shall be duly acknowledged according• to law. • * Provided further that by reason of this grant that the property owner does not acquire any title to land so excavated beyon -the original property line. ter the approval of the bond herein mentioned, obtain the appro- ' val of the city council of a new bond for the same amount, con- , taining the same conditions, liabilities and provisions as said first bond; otherwise the bond provided for in this section, or any bond subsequently given, shall continue in full force and effect. If at any time after the approval of any of the bonds men- tioned in this section, the ownership of the property therein mentioned shall be changed, the principal er sureties in said bond may have the same cancelled and discharged upon obtaining the approval by the city council of a bond by the new owne iof said premises, which bond shall be for the same amount, ..;\ 1' I U. 1 � � -2- Ho permit shall be issued for any of the purposes mentioned in this section unless the applicant for such permit shall be. the owner of the abuttingproperty, p y, and shall, in consideration of granting such permit, in writing waive in the name of such applicant, his, her, their or its heirs, executors, administra- tors, assigns or successors, all claims for damages of every name or nature that may occur or accrue to the building abuttin on such excavation, or to the contents of said building by reason of water from the sewer, curb or water pipe along the street; a d 1 in said writing shall agree to indemnify Salt Lake City against all damages and claims for damages done to the property of any I 1 tenant of said building, or other person or property by reason of water from the sewer, curb or water pipe along the street, resulting in whole or in part by reason of such excavation. II Said writing shall be duly acknowledged according to law. The bond mentioned in this section, and any bond given in renewal or place thereof, as herein provided, shall expire at the end of five years from their date, provided, the principal 4t sureties therein shall at the end of any five year period af- ter the approval of the bond herein mentioned, obtain the appro- val of the city council of a new bond for the same amount, con- taining the same conditions, liabilities and provisions as said first bond; otherwise the bond provided for in this section, or any bond subsequently given, shall continue in full force and effect. If at any time after the approval of any of the bonds men- tioned in this section, the ownership of the property therein mentioned shall be changed, the princip,e.l ea-, sureties in said bond may have the same cancelled and discharged upon obtaining the approval by the city council of a bond by the new owned" of said premises, which bond shall be for the same amount, 1\1 .. ;_, -1- -3- shall contain all of the conditions, liabilities and provisions contained in the bond sought to have oanoelled and discharged; provided, that before any such new bond is accepted by the city council, the owner of the abutting premises shall in writing, and in consideration of the accepting of said new bond, waive al-1 fr ims for d a ',.agree, to indemnify this city aq.inst 1 a /aa��age to the prepe t of%a: t.a. ant and others, ak µhereinb 'ore ( e tio0ed. -i 1 � f•-' . ); ? SVOTI(i 2. All or '� .< ces c esolutions or pax f or .r anc-s anti-eiolu'ions in confie herewith are hereby repealad to the ebe.t O such conflict. , SEGTI0N 3. This ordinance shall take effect upon approval. I Passed by the City Council of Salt Lake City,Utah, December 28, 1908, and referred to the Mayor f• 41- a proval. 741111.0( / .m C eoor.or. Approved this M.2--/ day of Deeember,1908. ra_i„./pej-i Mayor. } (fAl' ? i 1 P , l II , I r1,43113svoxq brts a_)i$ilidail ,enoiJibrioo ori,; io !Is rtiaarivo .iikr£<. ;bewiorloa11 rtB kollsoaso eviri o,1 J.douoa bnod 9r a1 lsoatalaoo ., ,`Ncd2o i.rl` ,y(1 bt).-41'.. .;.,6 r,_' Lap; ',-.Er riouc: {ctr: oxoiou ft3LJ' ,Lobo7 iv I t „4rri.iiaw n: 1.1.nr; voc.�i0.14 aaiJ:,tuds' liJ to 7eawo e:[3 . l.ionuoo "` , .. *d - • .' s a - c.J..c ". i• `o .V Ft , r.AGo'Z f:ES ni gu �wio 3.irli'' ii,u...o�ci of dv'x : Aa 9' sb —fe auti I \ 3a y 61oli i 7ores , .•r„Ito Lars Sri. 12 3t : silJ o - s s NI 1 mleo io r :.o ,.:n-liJulU = � 'v^- s'•� o ll1 :,; ZTD s ` • JYse yrY i /0.1, qo. ,�.;o oc.. ." r .�.i .ruo ,:i Un<;r{nsi o:k,1. ,ri,c .Lasvulyys; :i,,., ,. e _iaJ .1.• ,,i_,. , 7r. .:o Y .I:T .c. F1::IiJsci I ry ...- ` e\e\r- e', ,v1�\ ��`\\\ �J,'. 2 Vlam , 1 ,' i i i i ' i I r AN ORDINANCE. Provided further,thae by reason of thin grant thateV the property owner doesnot An ordinance amending and re-enacting acquire any title to land so excavated Section 88 of the Revised Ordinances of beyond the original property line. Salt Lake City of 1903. The bond mentioned in this section, Re it ordained by the City Council of and any bond given in renewal or place Salt Lake City, Utah: thereof, as herein provided, shall expire Section 1. That Section 88 of the Re- at the end of five years from their date, vised Ordinances of Salt Later City of Provided, the principal and sureties 1903 be,and the same is hereby amend- therein shall at the end of any flue-year • d and re-enacted so as to read as fol.- Period after the approval of the bond lows: herein mentioned,tioned, obtain the approval of 88. Cellarway or Area. Permit and the City Council of a new bond for the Bond Required for Construction. Waiver. amount,o t,rontalning the same ondi- Agreement to Indemnify City. New Bons, liabilities and provisions as said Bond, Etc. It shall be unlawful for any first bond: otherwise the bond provided person, firm or corporation to ex vate for in this section, orany bond a bse- under any sidewalk at any street inter- gnently given,shall continue in full force section between the property line and the and effect. curb line, and no permit shall be issued If at any time after the approVal of for any such excavation. any of the bonds mentioned In this s ee- It shall be unlawful for any person to Lion,the ownership of the property there- erect or construct any stairway or pass- in mentioned shall be changed, the prin- P age leading from any street, avenue or cimal and sureties insaid bond may have allebuilding into withe in themli niter of cellar Salt of any the sanie Lake obtaining the�o canceled and diseharged City approval by the ofsai t Co.- City,and ee therebyyo occupy any portion of er if ea bond by the new said tlut street,alley y sidewalk, or toe r sane am, who bond hntaineefor the ante i construct any area or vault underpu same ionsu i and shall contain all of tn- s any sidewalk orany portion the pub- conditions, liabilities and t to have co Le streets, avenues,tor alleysoconstruct-of Sal- telned n the bond ; pro[ to have c n ing t e na unless the party so . Bred and discharged;bond accepted that be- t' ing the same have procured a per. fore any such a bond is c pted by the City h mots to do fromthe City Council, andY Couscis, the owneriofn the and in halld have given bond in antamounts ling Premises hall inc pting, id fixed by the building inspector, to ass cnew bond. w v the claims for of saidthan onethousand nor approved part ten new bond, waive ml Maims for damanet the dollars, hh shall bep runt to and totIndemnify this city en against by the Council. Such any shall run d, damage to the of a Salt Lake City and Si any person injured, others,as . A property mentioned.d rat and and shall be Bond hat for the adjudged Section 2. All'ordinances and resolu- of all damages that nay be adjudged lions in parts of ordinances and eerlb- cityin him or them, or injury said tonsdons conflict herewith are hereby a city on account any In Jury perry repected to the of of n c sconflict. may happen to anyt person s Property Sectionp 3. This ordinance shall fake by reason of such stairway,passage,area effect upon approval. cult, or ny re as P [Ilea u safero Passed by he City Council of Salt dangerous co dgeati Hof the s of Lake City, Utah, December 28,1908, aid any ov sting, grating r railing being referred to the Mayor for his Recorder. over c about the same.o And an nocase .1.B.MORETON,City Recorder. shall thanfations be made nearer the Approved this 29th day of December, curb four feet. 1908. J. S. BRANSb'ORD, Mayor. No permit shall be issued ued for any of the purposes mentioned io this section State of Ptah, City and County of Salt nl tapthe the n applicantof fee u perit sall Lake.ss. be the butthing properm hty, I,T. B.Moreton, City Recorder of Salt and shall, in consideration of granting Lake City, Utah, do hereby-certify that such permit,in writing waive in the name the above and foregoing Is a full, true of such applicant, Ills, her, their or its and correct copy of an ordinance entitled, heirs, executors, administrators,damages assigns "fie ordinance of 'mending and -enacting or %e all claims for damages of Section 88 f the Revised Ordinances of every rnasrnero nature that may occur or Salt Lake City of 1903," passed by the accrue to the r building abutting,of u h Cit Of,Council of Salt Lake City,Utah,De- excavation, or to the contents of saidcomber 28, 1908, and approved by the building by reason of water from the Mayor, December 29, 1908, as appears of sewer, b or water pipe along therecord in my terse. street;and in said writing shall agree to ln witness whereof, I have hereunto indemnify Salt Lake City against all set my hand and affixed the corporate damages and claims for damages done seal fiofecity, this 29th day of said It ' to the propertyofa her. 1908. .i B. MORETON,De- building, or other person or tenant er said o(Seal.) property by Bel N City Recorder. reason of water from the curb r 0..."' kTI water pipe along the street,resulting In partw by reason of such exca- vation. Said welling Jihad be uduly xac- knowlegded according to hew.