31 of 1905 - Ordinance 31 of 1905 – Franchise, ratifying and confirming transfer of franchises to Utah Light & . o _R ) l ARCR .
An Ordinance Ratifying and Confirming the Transfer of Franchises to
Utah Light and Railway Company, a corporation, Extending the life of said
Franchises and amending the same, including the franchise of the Utah
Power Company.
BE IT ORDAINED by the City Council of Salt Lake City, Utah:
SECTION 1. That all the franohises of Utah Light and Railway Company,
a corporation organized and existing under the laws of Utah, said fran-
ohises being:
S-8q
I. A Franchise of August 30, 3$9 to the Salt Lake City Gas Company;
also a franchise granted to Salt Lake Power, Light & Heating Company,
January 11, 1881; also a franchise to the Salt lake & Ogden Gas and Elec-
tric Light Company, under date of May 20, 1893.
II. A Franobise granted by Salt Lake City to Robert P . Jones, July
25, 1893.
III. A Franchise granted by Salt Lake,City to S. F. '. allcer, December
19, 1890.
IV. A Franchise garnted by Salt Lake City to Pioneer Electric Power
Company May 27, 1897.
V. A. franchise granted by Salt Lake City to Salt Lake City Railroad
Company January 26, 1889.
VI, A Franchise granted by Salt Lake City to Salt Lake City Railroad
Company February 11, 1890.
VII. A Franohiee granted bySalt Lake City to Salt Lake City Rail.-
road Company May 20, 1890.
VIII. A Franchise granted by Salt Lake City to Salt Fake City Rail-
road Company May 5, 1891.. -
0
IX. A Fpanchise granted by Salt Lake City tc : alt Lake City Railroad
Company September 8,1891.
X, A Franchise „ranted by Salt Lake City to Salt Lake City Railroad
Company November 24, 1891,
SDI. A Franchise granted by Salt lake City to L. a. Hamilton January
20, 1891.
XII, A Franchise granted b Salt lake City- to Salt make City 40.
(2)
Company Nay, 6, 1893.
XIII. A Franchise granted by Salt Lake City to Salt Lake City Rai1.
read Company April H 18, 1893,
XIV. A Franchise granted by Salt Lake City to Salt Lake City Railroad
Company May 26, 1899,
XV. A Franchise garnted by Salt Jake City to Salt Lake City Railroad
Company Ootober 8, 1900.
XVI. A Franohise granted by Salt Lake City To Salt Rake City Railroad
Company Llaroh 21, 1901.
XVII. A Franchise granted by Salt Lake City to Salt Lake Rapid Transit
Company 1440 February 11, 1890.
XVIII. A Franchise granted by Salt Lake City To Salt Lake Rapid Trend
Company April 22. 1890.
XIX. A Franchise granted by Salt take City to Salt i.ake Rapid Transit
Coi¢pany May 6, 1890,
XX. A Franchise granted by Salt Rake City to Salt Lake Rapid Transit
Company April 18, 1894, whiokautter franohise also confirms a transfer
to said Salt Lake Rapid Transit Company of a franchise granted toy:Popperton
Place and. Fort Douglas Rapid Transit Company, and a franohise to C. E.
Wantland and othera, heretofore transferred to said Salt Lake Rapid Transit
Comppny.
XXI. A Franchise granted by Salt Lake City to Consolidated Railway
and Power Company November 27, 1903.
XXII. Also each and every franchise now owned by and operated under
by said Utah Light and Railway Company, whether the same is herein men-
tioned or not, together with all amendments and supplements and alterations
to said franchises, and each and every one of the same, are hereby declared
and ordained to be vested in said Utah Light and Railway Company, and the
several assignments, transfers and conveyances by which said company
aoquired said franchises and each of them, upon filing said transfers
with the City Recorder, are hereby approved and oonfirmed.
!1
SECTION 2. The life, validity and term of each and every one ul
said franchises is hereby extended and ordained to be fifty years from
January 1, 1905, that is to say, until January 1, 1955; and that hhe
franchise given by Salt Lake City to Utah Power Company, dated December
26, 1896, which Company is now controlled by said Utahnlight and Railway
Company, by the latter owning all the stock of the former, is hereby
extended the same lenght of time, namely, until January 1st, 1955, and
the requirement to pay intothe City treasury a fee of '$200.00, as pro-
vided by Section268, Chapter 20, of the Ordinances of Dalt Lake Cityy
1903, is hereby waived.
SECTION 3. That the time fixed by Sections 2 and 3 of an ordinance
amending and re-enacting certain resolutions granting franchises to the
predecessors of the Utah Light and Power Company (passed December 31,
1903) for the placing of transmission wires underground within the district
therein mentioned and the time fixed therein for each and every other act
therein required, is hereby extended one year from the time therein fixed.
SECTION 4. And for and in consideration of the premises said Utah
Light and Railway Company agrees, and it is hereby ordained:
The said Utah Light aad Railway Company, during the life of said
franchises, will furnish the users in said City electric light and gas
service, and if necessary, manufactured gas, water gas, or, if obtainable
on reasonable terms, natural gas of the highest efficiency and best quality
at prices which will not exceed the following rates, to-wit:
(a) ARC LIGHTING. Arc lights which will give an average illuminatioL
not less than the present standard 455 wattenclosed carbon arc-may '
Rates. For above service, for all night service, not to exceed $11.25
per lamp per month; for midnight service, not to exceed 17. 50 per lamp
per month: and for ten o'clock service not to exceed '?6.00 per lamp per
month: for service by meter, a rate of twelve cents (12) per kilowatt hour ;
for the electric energy used and a charge of tip1.50 per,lamp per month in
addition thereto for the care and maintainance of the lamp.
(b) INCANDESCENT LIGHTING. For incandescent lamps of the
present standard efficiency of from 3 to 3.6 watt per candle power, a
meter rate of 12 cents per kilowatt hour for the electric energy ,t(
1a
it V
and a minimum charge of one dollar a month for each consumer of /
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(4)
trio energy for incandescent lititing.
Customers paying monthly, and on or before the IOth day of the
month succeding the alnth in which electricity was used, shall
have a rate of ten (I0) cents per kilowat hour, meter rate, but no
bill shall be lees than tho ainimur^ of one dollar per month.
(o) Manufactured gas for illuminating purposes, *I.95 per I000
cubic feet; to 1tof not less than twenty—throe ( ) candle power if
enriched water gas alone isnd not less than sixten (I6) candle
power if coal gas alone is supplied.
(d) Water gas or manufactured gas used for fuel purposes JI.40
per I000 cubic fe .
Customers paying monthly for gas and on or before the IOth day
of the month sueeeding the month in which said gas was used, shall have
a discount of ten per cent. from above prices.
(e) If natural gas is furnished the price therefor shall not
exceed fill cents per I000 cubic feet.
In addition to the above, in accordance with an ordinance passed
and approvedDecember 3I, I903, on and after May 19, I9I8, six aditional
arc lights shall he furnished fret of charge to Salt Lake City during thk
life of this franchise, end after July 24, I9I , sir additional arc
lights shall be furnis}ad free of charge to said city during the life
of this franeq.se; and that after December 18,I9I8, six additional arc
lights shall be furnished freA of charge to the said City during the lifk
of this franchise; and that after May I7, I922, seven additiona' arc
lights shall be furnished free of charge to the City during the life
of this franchise.
Said lights and gas and all meters and appliances used in conned'-
tion therewith shall be subject from time to time to the ins>ection of
the--yY-_`pro_�er officers�P� appointed by said
n.Wi ova t
S7CTI02i 5. The fare fa a single continous passage within the
city limits shall never exceed five(5) cents, and transfers shall be
given to passengers foe a continous ride from one part of the city to
Am 0 I ..'4;6.6� �
another on eollecting liees,Terovided however, that6Passengerb traveling
to or from Caldere Park, and on east second south street, east 0*
Seventh East Street, shall be entitled to such transfer at Se dd
(5)
Phird South and Seventh That Strets; and provided further that this
aafaraaa shall not apply to sight-seeing, specially chartered, or in-
terurban cars.
Said company shall also issue and sell commutation tickets of
:ifty fares for two dollars, which tickets shall have said transfer
sriveleges, and shall also issue to students of pubic schools co:l:uta-
;ion tickets Of fi ty (CO) 'al'ES, fshl' one poll^r fifty ce*it^, with
traasfor privileges as aforesaid, '`ood on:'y to and fron school attended
by such student, and good only on days when school is in regular ses-
lion, and between the hours of 7:30 o'^lock A. `". and F:30 P. M.
lity Policeman and Firemen in uniform shall be entitled to free pass-
age on regular cars.
SECTION 6. It is further ordained, and ^aid Utah Light and. Rail-
vay Company hereby agrees, that during the life of caaa( franchises it
will furnish frecto said city corporation the equal of thirty horse
power of electrical energy, to be used for power purposes by said city
Cn the manner it may deem necessary and proper, but this power shell
hot be used for lighting or heating.
Said Utah Light and Railway Company hereby agrees to furnish to
the City of Salt Lake free of sharae, during the life of this franchise
the equal in illuminating power of thirty 32 cardle power inaandeecont
Tamps of the present standard, for the iMPUrpose of lighting the
Oityie portion of the public square at the City and County Building.
Said Utah Licht and Railway Company hereby agres to furnish to
Salt Lake City, free of charge during the life of said franchise, all
the reasonably necessary light for municipal purposes in said City's
portion of the building known as the Joint City and County Building et
Salt Lake City; also all lighting reasonably necessary for illuminating
its building on First South Street between State and Second East Street
known as the old City Hall; also .all reasonably neceosarry lighting for
1
the various fire departments of the City now or asjay hereafter re-
quire the same; also all reasonably necessary lighting now or hereafter
required for the libraries, hospitals, jails and prisons and other pu-. ,
(a)
bile a„^_':i.eee or t1l.i1l e 7,c,lor:7in to the 'ity, provided, horever,
t'ni a. tie l it sting shall not he raid with ii7}Ie ce'!9.rwiTy extravu7ance.
Said Utah Light and Railway Co!,pnny further '..nre(':s tbet daariro*
the life of said franchise it will furnish to o<oid City for M+.'nicinnl
Stret Lirhtin --11;..1441; all
•.ci_ nferht service, at a price not to exneed S;'C.00 per lanp per worth,
Provided, now is,u?er the contract With th. the City, and wider the ter=
and conditions of ;laid contract, provided, the City shall 177ive the Utah
Li lit and. Railway Cortlsstt at least six wonthn' notice Of its intention
to diuoontinue t,ct;.:i:t^: ntreot li htin^ under this Tara zraPh.
Said Utah Ll:'d t and railway Co pony further a€rees that it will
furnish theVCity, r uri„^ the life of weld franehi.nen, such other and
f.'uiither electrical (;:r - for power - iirno:^on an said.. City nay desire
for p'l'iI>iw;' and other Ihinloipal its, ?s_s to I00 }leases-porior, at a
cwt.,
Price not to exceed one cent per kilowatt hour for tr,'onty*A# hours
a der', naLoly, cc.:-.ioi cinr at the hour of 3:00. p. n. and idlltl.z'. the hcu
of 5:00 P. 11. the next ,.:y, and. for twenty—roux. hour service at ere
and one—fourth (I 1/4) ci ants per 'ciloret hour; _:vi.- ;
the no'..;r ..,+r, ..,.. cr of t}i.nc by the r?i t` _.na t . Utah Lj(1 , L.'•• ..
C r::nu y 'an 0.r thin pa l 'nph ehui be .ne for
nY',,CnonL
Rootion 7. In c real .,^:tier of .,.)3r' :, C:_ic;ce, „�l Ut.,..• _ 'It
n l E'.i 7.:. C a ar' flirt er o^'"' rs th , prior the ti1.ln thin or n—
r_ ,.�? taJ __,J _z,. 2 .x to �'.i
£rose shall take a,f:r'ot, e,11 an1' ',r edeY!t tO '*11,:it: of
thin or'inaner: , said Co»pary will )y warrant:, dead ;re and. clear froz,:
all liens aar 7 c na t, r;or`•i' t
t'f:e folio'i,n^ de _:ll ed )x r: _ty, to—.it:
k. ..ff;;
(7)
All the following described lands situated in Township 2 South,
Range 1 East, Salt Lake Base and Meridian, to-wit: All of the southeast
quarter of Section 23; also a portion of the northeast quarter of Section
26, beginning at the northeast corner of said Section 26, thence west 106
rods, thence 3. 41 deg. 21 min. E. 34 rods, thence south 62 deg. 50 miO,
E. 94 1/2 rods, thence north 70 rods to place of beginning. Also, a portion
of the northwest quarter of Section 25, beginning at a point where the Big
Cottonwood Creek crosses the west line of the northwest quarter of said sec-
tion 25, thence north to the northwest corner of said section, thence east
160 rods, thence south to the center of Big Cottonwood Creek, thence west-
erly along the channel of said creek to place of beginning. Also, all that
portion of the northeast quarter of Section 25, beginning at a point 1300
feet south from the quareter corner between Sections 24 and 25, thence S. 68
degrees E. 1200 feet to a point about 100 feet west of the Utah Power Company
power house, thence south 325 feet, thence north 68 deg. W. 1200 feet to a
point about 25 feet south of the south bank of the Big Cottonwood Creek,
thence north 325 feet to place of beginning.
Also, all the water rights and power rights in Big Cottonwood Creek
west of the Utah Power Company's tail race, owned by the UtalF Light & Rail-
way Company, including herein and particularly meaning hereby the Deseret
Paper Mill water power in said Creek, the Granite Paper Mill water power in
said Creek, and the Butler Mill water power, the latter being located right
at the mouth of Big Cottonwood Cssegn, and the two former about a mile and
about two miles respectively below the mouth of said canyon; it being the in*
tent of this agreement that the Utah Light & Railway Co. Relinquishes and rel
leases all its right in and to the waters of Big Cottonwood Creek for power
purposes, or otherwise, below the power house of the Utah Power Company near
the mouth og Big Cottonwood Canyon; provided, however, that the water shall
not be taken out so near said Utah Power Company's tail race, or its property
as to in any way interfere with the use of said watervfor power purposes by
said Utah Power Company at its present power house in the mouth of Big Cot-
tonwood Canyon, so long as the quantity of water used for power at said power
house shall not at any time exceed sixty cubic feet per second, and provi-
ded further, that the water shall not be taken out so near said tail race as
to prevent the company from building a regulating reservoir of at least a
million cubis feet capacity unless the City shall build at some point on
its conduit line a reservoir which may also be used as a regulating reservoi3
to the extent of one million cubic feet, or to such less extent as the City'E
proportion of the waters of Big Cottonwood Creek may hereafter bear to the
total quantity flowing in the creek; provided, farther, that if said Utah
Light & Railway Company desires to build a reservoir for regulating purposes
on any ofthe lands agreed hereby to be granted by said Utah Light and Rail-
way Company, it shall have the right to do so.
SECTION 8. In consideration of the premises said Walt Lake City
agrees and ordains that, during the life of said franchises as herein
fixed, it will not use the power bf said Cottonwood Creek or of the
waters thereof for lighting purposes; nor will said City, during the exis-
tence of said franchises, use or ask to use the poles or cross arms of the
said Company for stringing wires for lighting purposes, nor will it, by
ordinance or resolution, make any rules or regulations in regard to the
pride of lighting different from the prthces herein made; provided, that
if there shall hereafter he any new invention or new improvements t17at
will materially reduce the cost of producing and distributing eith as
or electrical energy for lighting,heating or power purposes, then"
�A then -
/
V
/j LN:i AV�N if(9)
that event there shall be-a�readjustrnent, by the City Council and the
Mayor on the one part, and the Utah Light and Railway Company, its
sucessors or (�'}eitns, one the other part, of the prices herein fixed leis vn
-f�a-L {tv O 7'.�;✓�'.,\ '�'�4-�<.Zi
•
In the event of disagreement between them, either in respect to
tic fact whether the said oonditiond authorising a readjustment of said
rates have arisen as above provided, or as to the amount of reduction
thereof, or both, then the same shall be determined and ascertaind by
two competent and disinterested appraisers, the Ciiy and the Company
each selecting one, and the two so chosen shall select a competent and
disinterested umpire; and the appraisers shall then determinewhether the
said conditions exist, and what reduction of said rates should 'Farads
and failing to agree shall s thxn1t there differences to the umpire, and
the decision in writing of any two shall determine the said questions.
Each party shall boar equally the expense of the appraisal. In the
5
event said grants', its euceArs and asagne, shall upon demand of the
City Council, refuse or neglect to proeeh to arbritnrfatlon for a read—
justment of rates as herein provided, or fail to caxty into effect the
rates when readjusted as herein provided, them the City Council reserves
the right to alter amend and change this and said extended franchises,
or any or altof them, in respect to rates or charges for the services
refered to in this section.
That portion of the said several stree3 railroad franchises named
in Section I of this ordinance, providing that whenever the City Council
shall find it necessary or desirable to grant to any other stret rail—
road company a franchise over any of the streets named in any of said
franchises, to secure to other companies a connection with any impor—
tant center or terminus, the grantees of said franchises shall allow
running, arrangements over their tracks to ouch other company on the
strete where said grantees have double tracks, upon such other company
asking equitable payment for constructing, maintaining and operating
that portion of said grantee's tracks, shall be limited to interurban
companies, having a franclise from the city.
This agreament on the part of the Utah Light and Railway Comp, . ;"
(I0)
to furnish light and powervto Salt Lake City fee of cgarge shall not
be deemed in addition to any former contract, promise, or agreement on
the part of said Company, or its predecessors, to furnish free light or
power to Salt Lake Cily, but shall be in lelu of all other agreements,
pledges, promises and contradhe, whether by ordinance or otherwise, made
by the Utah Light and Railway Company, or its predecessors, or required,
of #fit, to furnish freelight or power to Salt Lake City.
SECTION 9. The Utah Light and Railway Company shall have a
right, and the same is hereby granted to it, to extend its railroad line
and construct a single or double track road on Second South Stret from
its present terminus at the Jordan River,l thence across said Jordan
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(aver over-the bridge•that is there now, or which may be hereafterocon— � .
structed,/thence west on said Second South Street to the western limits
of Salt Lake City; also to construct a singlr or double track road on
Second West street from Eight South to Ninth south; also a single or
double track road on Ninth West from Fourth North to the northern boun—
dary of Salt Lake City; also a single or double track rood commencing
at the intersection of Second West and Seventh North Streets, thence
along the County Road in a northwesterly direction to the Hot Springs
Lake, thence north along the County Road to the northern limits of
the City.
In the event of the failure of such grantee, its suoessorc and
w
. assigns, to construct said street railway on said Test Second South Str.
from the Jordan River to Lake Breeze on or before the Ist day of Decem-
5er I905, then in that event the City Council shall have the right to
Repeal the Company's right to build a read on the said Second South
from the Jordan River westward, and said company shall be compelled t9 •
Pay into the City Treasury any sun that the city shall demand, not to
3xoeed *I0,000.00 as liquidated damages.
SECTION I0. All parts of ordinances or of resolutions in co n—
Pliot herewith are hereby repealed to the extent of such conflict, but
Whis shall not be deemed to revive any ordinance or resolution, or any
'art of any orliinanee or resolution that has been repealed or others^It
>eaoie void. ✓
(10)
SECTION 17,, At or before the first publication of this orddnance
and within sixty days after date of approval thereof, said Company shall
file with the City Council its written and duly acknowledged acceptance
of the provisions of this ordinance, and shall also file with said Council
all deeds, conveyances, and releases herein required, together with a oom
plete abstract of title to land and water rights to be conveyed, and upon
approval of the same by a majority of the Council and Mayor, this ordinance
shall be published and shall take effect upon the date of its first publi-
cation, •
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