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35 of 1934 - Amending Chapter LVI Revised Ordinances of 1934, relating to the construction of cellarways, areaway Rec.108 ROLL CALL - VOTING AYE NAY S J lie Salt Lake City,Utah, 193 Goggiu -- �„- I move that the ordinance be pas Keyser Knight a y Lee If€ �� Mr. Chairman - - AN ORDINANCE Result AN ORDINANCE AMENDING CHAPTER LVI, REVISED ORDINAilNCES OF SALT LAKE CITY, UTAH, 1934, by adding in and to said Chapter a new Section to be known as Section 1293, relating to the construction of cellarways, areaways or vaults and requiring a permit, bond, waiver and agreement to indemnify Salt Lake City in constructing the same. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION I. That Chapter LVI, Revised Ordinances of Salt Lake City, Utah, 1934, be and the same is hereby amended by adding in and to said Chapter a new Section to be known as Section 1293, relat- ing to the construction of cellarways, areaways or vaults and requir- ing a permit, bond, waiver and agreement to indemnify Salt Lake City in constructing the same, which shall read as follows: SECTION 1293. It shall be unlawful for any person. to excavate under any sidewalk at any street intersection be- Cri tween 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 con- struct 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 or alleys of Salt Lake City, unless the party so constructing the same shall have procured a permit so to do from the board of commissioners, and shall have given a corpor- ate surety bond. in an amount fixed by the board of commissioners in a sum not less than five thousand ($5,000.00) Dollars nor-. more than ten thousand ($10,$ .00) Dollars, which bond shall be -2- approved by the board of commissioners. Such bond shall 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 injury which may happen to any person or property by reason of such stairway, passageorea or vault, or by reason of the un- safe or dangerous condition of the same, or of any covering, grating or railing being over or about the same. Nor hr..L. any stairway or passage leading into such Brea or vault be more than four and one-half feet wide, measured from the property line. No permit shall be issued for any of the purposes mentioned in this section unless the applicant for such permi shall be the owner of the abutting property, or the lessee thereof; and if such owner shall in consideration of granting such permit, in writing waive in the name of such applicant, his heirs, executors, administrators, assigns or successors, all claims for damages of every name or nature that may occur or accrue to the building abutting on such excavation, or to the contents of said building by reason of water from the sew r, curb or water pipe along the street, and in said writing shall. agree to indemnify Salt Lake City against all damages and claims for damages done to the property of any tenant of said build- ing, or other person or property, by reason of water from the sewer, curb or water pipe along the street, resulting in whol- or in part by reason of such excavation, which waiver shall b- duly acknowledged according to law. If such applicant be the lessee of the abutting property, in consideration of granting duch permit, he shall execute a corporate surety bond in an amount fixed by the board of commissioners of not less than five thousand (85,000.00) Dollars, nor more than ten thousand (010,000.00) Dollars, which shall be approved by the board of commissioners. Such bond shall run to Salt Lake City and to any person injured, and shall be conditioned for the payment of all damages that may be adjudged against the principal in _ r -3- said bond, or against said city on account of all claims for damages of every name and nature that may occur or accrue to the building abutting on such excavation, or to the contents of said. building by reason of water from the sewer, curb or water pipe along the street, and against 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 resulting in whole or in part by reason of such excavation. If at any time after the approval of any of the bond. mentioned in this section, the ownership of or leasehold in the lroperty therein mentioned shall be changed, the principal and sureties in said bond may have the same canceled and discharge4 upon obtaining the approval of the board of commissioners of a bond by the new owner or lessee of the premises, which bond sh.11 be for the same amount and shall contain all of the conditions liabilities and provisions contained in the bond sought to have canceled and discharged; provided, that before any such new bond is accepted by the board of commissioners, the owner of t. e abutting premises shall, in writing, and in consideration of the accepting of said new bond, execute the waiver and p.greeme, t to indemnify Salt Lake City as hereinbefore provided; and. that before any such new bond shall be accepted by the board of com missioners, the new lessee of the abutting premises shall exe- cute a new bond in consideration of the accepting of said new bond containing the conditions, obligations and agreements to be contained in the bond herein provided to be executed by a lessee upon the granting of the permit herein mentioned. Provided further, that by reason of this grant the property owner or lessee does not acquire any title to land so execavated beyond the original property line. The bond mentioned in this section, and any bond giv-n in a renewal or place thereof, as herein provided, shall emir- at the end of five years from date; provided, the principal any sureties therein shall at the end of any five-year period afte -4- the approval of the bond herein mentioned obtain the approval of the board of commissioners of a new bond for the same amoun , containing the same conditions, liabilities and provisions as said first bond; otherwise the bond provided for in this sec- tion, or any bond subsequently given, shall continue in full force and effect. in lieu of the bond herein provided for, the appli- cant may give a corporate surety bond in the penal sum of $20,000.00, conditioned as above prow 4ed, and to cq' all excavations maintained by hire or to b °madby him, 'sa`id bond R». to be renewed from time to t, de, and tcopt yan for.tie c?ixitinuous- • SECTION 2. In the opinion.of thetBoar of C m:ni Mioners, it is necessary to the peace, he2lth and et 'of the in4abitants of Salt Lake City that this ordinance becoie effective immediately. SECTION 3. ihis ordina e sh . l take effect upon its first publication. {` Passedpby the Board of Commissioners of Salt bake City, Utah, this 174day of . 1934. • Mayor. City Recorder. i0 4!:yz ate► m y •.t„ F . 's yy f do 0 < k ' --g. - . . _ , I .. . ._, Z Ca id h. Affidavit of Publication STATE OF UTAH,� • County of Salt Lake a' AN--01W E AIA1dN AN ORDINANCE AMENDING CHAP. TER LVI,REVISED ORDINANCES or SALT LAI{E CITY,UTAH,1934,by add- ing In and to said Chapter a new Sec- tion to be known as Seen.1292,relat- ing to the construction of cellarwayas' areaways b nd�r vaults sandd agreement to In-. In- damnify,snit Lake and m constructing Being first duly sworn,deposes and s he is the a erns- ing clerk of THE DESERET NEWS,1/hat wspaper published in vfaed Ordinances of Salt Lake City,Utah, 1924,be and the same is hereby amend- ed adding in and to said Chapter a Salt Lake City,Salt Lake County, the State of Utah. n relating on to;be known a Section 1293, �� rotating to the r vaults on of ceRar- p ways,areaways onr veesa dagreem nt That the tulvertisem.en- C� • a indemnify !bond,o waiver and construct- ing _ _ to indemnity Salt Lake City re co asfol. - g the same,whfoh shall read as So]- 3� owe: SECTION t 129$. It shall be lawful.for Gl sidewalk flay person to excavateIte under anY .sldewal It a panyroperty y line Intersection curb /7 linen the o perit line and the curb /,w�//// ��� lips,and ex permit shall be Issued for any such excavation. I[shall n unlawful forstany person t° erect ea construct any reef, pas- sage _ /f 24.-Gg,->z -�t-S/ leading from any or avenue, ra(�t' / blind,Into the basementmcellar of lidding within the occupy of Salt Lake Citthe s ee thereby o o upY Y r to es of vat and sec r y areaik,o to der was published in said news a er, in its issue dated, the any to sldewa[construct tanyy portion Or vault under Ilc streets,avenues or alleys [the Labe � ilea Of Salt Lake City, less the party constructing Z t7 dayof ei A.D.l9 the same hall have procur a:permit J eo.xo do from file board of commission- - , rs, and shall shave given soars[bond fmissioners In a fixed by r h° and was published �`J`--/f � than flee thousand not lees nor re than ten thousand 0(b10000.00 Dollars,_ which bond shall be approved by the board of mn issioners. Saab the last publication thereof being in the issue:duted the bond shall run to Salt Lake City,and to rson bon de for the Injured,end shall be condl- .that m djudged of I1 dhint ee A.D.I9.....--- a may be adjudged against him or;that against said city on account of 6y O 'any Injury which may happen to any person or,property by reason o stairway, passage,area or vault, or 'reason of the infests m'dungeo it condi- tion r tion of the same, r 'covering, vertising Cler . -grating railing being f o rabou theNor hail any vstairewa Passage same.leading into such¢ vault be snore than four and one-halt teat wide, No permit shall from le u dro orrlanylno• f the yurpeses, mentioned In this section shall a the owns t fry Curb permit shall be the helm' o[ the abutting Bucher ty, or the leases thereof; and It day of owner permit, m nonaWiting of before me this-.-_.._.-.. 3ti thong such o permitf such&pl writing executors, administratorslcanselgne he)o• /� successors all claims for damages of --- A. D. 19 n mature that may occur every sine or or b one ao theto buildingh r`l f such excavation, re to the water on said bewllding by reason of pipe from (i//// the sewer,curb or water pipe tong the .� �t/t- - - street, and In said writing shall agree to Indemnify Salt Lake City against alldama - - -- gas. pa claims 40r denangos done Nota t blic. to the property of any,tenant et Bald boVooinnge, then Deraon r propertty, or t water Rr our the se curb • inateholeigo along r In parthby reaset,on rot lting such excavation,'which waiver shall b'e dulY acknowledged according to law.If such applicant be the lessee of the abutting property.-in consideration of granting such permit, he shall execute a cor- porate surely bond In an unt fixed by the board of commissioners of not less than five thousand(y6,000.00)Dol- lars, tror than ten thousand ($10,000.004 Dollars, which shall bo a it by the board of commissioners. ;Such bond shall run to Salt Lake City land to any person injured, and shall. be conditioned for the payment of all damages that may he adjudged against the principal In said bond, or against ;said city on account of all claims for damages of every name and nature that may occur or FACCCUO to the•building .abutting o gulch excavation, vation, or to.the contents of said building by reason of water from the sewer, curb or water pipe along the street, and'against all damages and claims for damages done o the property of any tenant of said building,or other person or p oynerty DY reason of water from the'sewerurb or water pipe along the street resulting In whole or In part by season.es-.atof•gush excavation. If at any time after the approval of any of the hoods mentioned in this section, the ownership of or leasehold in the property therein mentioned shall be changed, the principal and sureties in said bond•may have the same can. celed and discharged upon obtaining the approval of the board of missioners of a bond by the new or lessee of the premises, which owner bond shall be for the same amount and shall contain all of abae conditions, lia- bilities-and provisions contained In the bond sought to have canceled and dig. charged;provided,that before any soe1Y w bond i cepted by the hoard of mieelonersg the owner of the abut. tine premisee shall, in writing, and in consideration of the accepting of said new bond, execute the waiver and agreement to indemnify Salt Lake City e hereinbefore,provided: and that be. fore any such new bond shall be ac- rented by the board of commissioners; the new lessee of the abutting premises shall execute a w bond le c nsidera. x Lion of the accepting of said new bond.. obtaining the conditions. obligations and agreements to he contained in Ober bond herein provided to be o cuted by a lessee upon the grunting of the per. mit herein mentioned. Provided further, that by reason of this grant the property o or lessee does not acquire any title to land en excavated beyond the original prapertY line.. The bond mentioned in this section, and any bond given In a renewal o place thereof,as herein provided, shall expire at the end of five y fro (date; provided,the principal years sure- ties therein shall at the and of any five-year period after the approval of ;the 'bond herein mentioned obtain the prgval of the board of commissioners at a new bond for the same amount. nntatning the same onditions 110111. ties and'provisions a .said.first bond: otherwise the bond provided for in this ectlon y bond subsequently given. shall continue In full force and'effect. In lieu of the bond herein provided for,the applicant may give a c rats surety bond in the penal s of f20.- t. conditioned a above n milled:and coverto all excavations maintained by himorto be made by him, said bond in he renewed from time to time, and terra ro ntlnunsly, SP,TTCV 2. Tn the minion of the Ro+rd of Commissioners. It to necessary c o the o . health and rafetv of the Inhaintnniaof Salt Take City[hot tine ordwisnoe heroine effective r ehnitately. �ettoot TT(1bT 3. ti-ar dinanca aball take _nt Passed a n 1th fret nubf c hot00 P of salt l y the Anardtiy. of Commies inn. of a e Lake CAy. Ptah. this 24th day of December. A. n., 4. 7.CIUI9 MAd RMer tO. ETHEL Tf City her recorder. eoordae. a.,T.i. mu, 93. Publili shedell December 18th. 1971. Proof of Publication OF Attorney.