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22 of 1917 - Franchise Amending to Utah Power and Light Company rrULL CM,LL „ „T-- — VOTING I . 1 NA'1 Salt Lake City, Utah Ay. - - „v 191.I Green____ V I move that the ordinance be passed. Scheid Shearman V./— Wells 1 Mr.Chairman Result AB Ot:11NLNC; An Ordinance amending as,. ordinance ontitledr "An Ordinance granting permission to the Merohante' Light and Power Company a corporation, to construct, maintain and operate an electric heat- ing, lighting and power eystom :tithin the limits of Salt Lake City," passed August 22, 1912, as amended by "Au Ordinance amending 'An Ordinance granting ermiseion to the 1.,mr0hrnte' Light and Power Company, a corporation, to construct, maintain and operate an elec- tric heating, lighting and power system within the limits of Balt Lake City, pawed ?august 22, 1912, re-ordaining the same as amended and confirming the title thereto in the Utah rower & Light Company. Its anoceseors and assigns," passed December 21. 1914. to include the right to construct. maintain and enerate a system for the dis- tribution and Conveyance of steam. hot water un i other fluids,and air within the limits of Salt Lake City. 22 IT ORDAINED BY I91F. BOARD OP CU'ULM;8IO11TSL OF SALT LAKE CITY, 1I'PAlis Section 1. That Heotion 1 of "An Ordinance granting permission to the FSerohante' Light and Power Company, a corporation, to construct, maintain and operate en elactric heating, lighting and power system within the limits of Salt Lake City," passed August 22, 1912, be and the sarm is hereby amended to as to read ae follower Section 1. That the 1.tah l'ower & Licht Comoanv. assignee of the Lerchante Light and Power Company, its euceeasors and aeeigns, (hereinafter called the "Grantee"), has the authority and consent of the Board of Comuiseionere of 'Salt Lake City, and permission is hereby granted to them until September 3. 1962. to construct. operate and maintain - Z - an electric light and poser system for the distribution and conveyance of electrical energy and currents across, upon and under tho public streets, alleys and other public thoroueafaree in said City of Volt Lake, County of salt Lake, State of Utah, and to construct conduits and erect, and main- tain lines of poles in such streets, lanes, alleys and public grounds of F.''alt Lake City, with the necessary wires and other proper appliances attached thereto above the surface of the ground, or by mans of suitable pipes or conduits to bo laid below the surface of the ground, for the transmission of elec- trical currents for furnishing power, lift and heating to the inhabitants, property o,iors, manufacturers, and were in said city, provided that all poles shall be erected inside the curb on all streets of said city;and tQ construct. opirate and, maintain a evetem for the distribution and convovanee of steam. hot water and other fluids and air. or either thereof. at both nth and low Pressure. along and under the streets. alloys and public elpuuAs in ,aid City nd to oonstritat and lay conduits. below t .s surface of. the grouxul. with all necessary branches. cutoffs.and manholes. and other apparatus. in much streets. alleyre and vubl ufg s,for the conveyance of atean. hot water And other fluids and air._ or either thereof. at both high apd lQw urelours. for power, heating. cooking or other useful anu i ationa. to tie inhabitants. ronerty awyxrp. annufacturers, and nacre in said city., ;oction 2. That pr.raf;raph second of ,Lotion 2 of said Ordinance - 3 - of Aupuet 22, 1912. be and the same io hereby amended so as to read as follower Second. To open said streets, lanes, alleys, and public grounds for the purpose of laying and maintaining conduits underground, together with all necessary breaches. out-efia and manholes and other avuaratus, for the purpose of trans- mitting electrical currents for Tower, lighting, heating and other purposes, and conveying steam. bet water and other fluids And air, or either jhereof. at both high and low ureseure. for power. heating. 000kine and other nuruoses. to the inhabitants of said city, said conduits and other construction to be placed at such places as shall be designated. by the city engineer of grantor, r tejyid wtantee to have access to all such oonduite And other oanetruotion as rasa be nocesgpry (gem time to time. Section 3. That paragraph Virst of section 3 of said Ordinance of August 22. 1912, as amended by Section 3 of "An Ordinance amending 'An Ordinance granting permission to the Merchants' Light and Power Company, a corporation, to construct, maintain and operate an elec- tric heating, lighting and power system within the limits of Salt Lake City,' passed august 22, 1912, re-ordaining the sane as amended and confirming the title thereto in the Utah Power S, Light Company, Its successors and assigns", passed December 21, 1914, be and the —1 same is hereby amended so as to read as follows: Firet. That the permission and authority hereby granted is subjeot to such laws of the State and ordinances and re- solutions of the Board of Commissioners of Salt Lake City as are now in force or which may hereafter be passed, governing - 4 - exoavr.tions in streets and the oonetruation. erection or maintenance of poles, wires, conduits or other erections or anplianoea now in use or to be used in the transmission and distribution of electricity in said City, and the con- struction or maintenance of opnduits and manholes now in use or to be used in conveying steam. hot water and other fluids and air in said. Oity. Section 4. That a new paragraph designated "Second" to be the second paragraph of Ueotion 3 of said Ordinance of August 22, 1912, be and the same is hereby added 10 as to read as follows: Second. That raid mantes shall lay mina along or eoroec streets in such manner that they shall not in auv ,rise or manner interfere with the water pipes or sower pipes Of said oity or arar other pipes that have boon laid in the streets of said oitj: and that no railroad traces. pipe. con- duit, pr Other obetru. tion shall be laid under or oI[@r the conduits installed under this franohiee. or nearer than ene • foot in the clear laterally from the outside limits Qf such conduits. except in crossing the acme. Section b. That the designation "Scoop!" of the second paragraph of sootion 3 of said Ordinance of August 22, 1912, be and the some is hereby changed so as to read "Third". Section 6. That Sootion 5 of said Ordinanco of Luguet 22, 1912, be and the sane is hereby amended oo as to read as follows: - 5 - Seotion S. The said grantee herein further agrees that, before it shall commence any of the actual construction work, or make any excavations, or oenmaenae the installation of any conduits or accessory construction, or erect any pole lines in any of the streets, avenues, alleys or other places in said pity, it shell give to said city an approved bond in the penal sum of 4>2E5,000.00 (twenty-five thousand dollars) to indemnify said city from any loss or damage which may be occasioned Salt Lake Pity or any person or property, by reason of making such excavations, or installing such conduits and accessory construction, or ereOt- ing and maintaining such poles and transmission lines, and said grantee further agrees to carry on all of said work in such a manner as to cause as little impediment of the oonnon, ordinary use of said streets as is consistent with reasonable diligence and ero•.er worloranehip, and that it will, at its own expense, promptly restore any pavement or other improvement removed by it to as good condition as before beiry; removed. and with reason- able dispatch from time to time make all repairs necessary to keep said pavement and other improvcunentn in such condition in so far as the some are affected by the operation of the grantee's system, and promptly repair and put in as good condition as before the openings were made every such portion of the etroets, alleys, avenues or public grounds in said city where such openings shall be made, and the bond aforesaid shall cover this last agreement and the agreement contained in section 4 of this ordinance. Section 7. That Section 5 in Section V of said Ordinance of December 21, 1914, be and the same is hereby amended so as to read as follows, Section b. Said grantee, for its 1f. its successors and aseigne, agrees to furnish to Salt Jake Pity, free of charge, during the remainder of the life of this franchise. sufficient eleotrioa1 energy for properly lighting twenty-five arc lamps of the same kind, character and strength as those provided for in subdivision (a) of Section A hereof, such lamps to be located at such places in Salt Lake City, as the board of aoranissioners may designate, and also to furnish to Salt lake City, free of charge, further and additional electrical energy up to any amount not ow.- (seeding 400,000 kilowatt hours per eamen, such further and addi- tionsl electrical energy to be used by said city for lighting any 4 streets, municipal buildings. grounds or other places now - 6 - or hereafter owned, occupied, used or leased by said city. Provided, however,aud upon the express condition that the grantee, its successors and aeeigns, shall not be required to furnish any of the above mentioned free lighting service except during such periods of time as said grantee. Its successors and assigns, shall have the contract for munici- pal street lighting provided for in subdivision (a) of Section.J. hereof. Said Grantee, for itself and for its successors and assigns, further agroos that it will furnish to said City during the remainder of th life of thin franchise, free of charge to said ,>alt Lake City, sj b.ioct to the condition hereinr ter stated, oloctr;cal enemy an to AXN amount not exoeedin ;76.000}cilowat hours toe; annum euch electrical %terry to be used for its own waver purposes Only. and not 41rectly or S:directly for li.titi,e. provided that the amount ef electrical energy eQ to bo furpiphed_eh41 not wooed 37.600 kilowatt hours in any calendar month. The Grantee further a roes that should the Utah Light and :`ruction Company, its successors or assigns, at any time fail or neglect to furnish free to Salt Lake City, a like amoiat of electrical energy under and in accordance with the terms and oautitionc of an ordinance this day passed by the Board of Commissioners of ;,. Salt Lake City at the request of said. Utah Light and Traction Company, then said Grantee, its successors or assigns, shall, upon demand, furnish free of charge to Salt Lake City, during �1 - 7 - the period of ouch failure or neglect of said Utah Light and Traction Company, its successors or assigns, at any time during the remainder of the life of this franchieo, such, additional eleotrionl energy pursuant to the temp and conditions Of said ordinance. as said Utah Light and, Traction Comoaay. its supoeaaore and Resigns. shall fail or neglect to furnish thereunder. :;aid Grantee, for itself mid for its successors and assigns further agrees to furnish, su%iest to th4 cooitions hereinafter etatod, such other and further electrical energy up to an amount not exceeding 600.000 K.'°. 1. per annum. for its own Power Purposes only, at a price not to exceed lea por K.Fr.H.; provided, that none of the power purchased or obtained as aforesaid by the City from said Grantee, its successors or assigns, shall be used directly or indirootJy for lighting purposes. The Grantee further agrees that should the Utah Light and Truotion Company, its successors or assigns, at any time hereafter, fail or neglect to furnish to Jolt lake City a like amount of electrical enemy at the same price and under the same terms as in this paragraph provided in a000rdanoa with and under the terms and conditions of an ordinanoe this day passed by the Board of Commissioners of Salt Lake City at the request of said Utah Light and Traction Company, then said Grantee, its eucoeseore and assigns, shall, during the period of mush failuro or neglect, of said Utah Light and Traction Company at any time during the remainder of the r.. life of this franchise furnish to Salt Lake Oity, upon demand,: ; • - 8 _ euoh additional oleetriool energy at the rate and under the terms and conditions set forth in this paragraph, as said Utah Light end Traction Company. its suooessers and assigns. shall fail.or neglect to tarnish thereunder. The obligations of said Grantee. its successors or assigns. contained in the two next preceding, paragraphs of tjiie £cation. are eubJect to the Condition that service be demanded by the City noon existing lines of the Grantee Ily a point or points where the Grantee has adequate 1i e, raneffgri ors other facilities and equipment ibr far- , lashing each service. or that Galt Lake Ulty pal the Grantee tho aotual °opt of the geoeeeary line extensions from the wasting linos of the Granteep rd of neooesary transfprmore . and other facilities and equipment at the point where service is demanded for rendering each service. Goat ion 8. That said Utah Power h Light Company shall within thirty days from tho passage of this ordinance filo its acceptance thereof in writing with the City Recorder of salt Lake City; otherwise the sash shall be null and void. Section 9. This ordinance shall take of f t z`pon p io t o uc and acceptance. (I gJ1�U '- ,p... i PASSED by the Board of Uomviealoners of Salt Lace city, March 1, 1917. 4r„, I 2 tecor. �. ty Recorder. i v L