38 of 1929 - Granting franchise to the American Telephone and Telegraph Company for telephone and telegraph lines An Ordinance granting permission to the AhC'HICAN
T:r, i'IYGT4 AND Trr,1.�011t,PY COMP\NY 0_'? wYOUINO, its suceessorn,
assigno, lessees and agents, to construct, operate and main-
tain lines of telephone and telegraph upon, along, aerosol,
over and under the public roads, streets, highways, and
other public ways of Celt Lake City, County of Salt lake,
and Otate of Utah.
B-N IT ORAAIii I) BY 'i3' ';OMD OP RO)Flit3CIOSAisRC OP
:IA T 1.A1'!a CCITY, COUNTY (J 3AL'T LAX.,; ACU BTATS OF UTAKs
Section 1. That consent, permission and authority
be and they ars hereby granted to the AL RICAN TALEPRO ^, ANC
'f UO1LA?H C0MPAIY 0? '.YQLiIliQ, its Gucoessore, assigns, les-
sees and agents, to construct, operate and maintain lines o1'
telephone and telegraph upon, along, across, Over and under
the public roads, streets, highways, and other public were
of Malt Lake City, Salt Lake County, :state of Utah, including
ouch poles, wires, conduits, manholes, Gables, electrical
conductors and other structures, appliances and appurtenances
as may be from time to time necessary for the convenient
transaction of the business of the said Company. Provided,
however, that this permission shall not be construed as
granting the right, privilege or authority to construct, oper-
ate and maintain telephone lines for the purpose of furnishing
a local public telephone exchange service in said city, such
local public telephone exchange service being defined to be
telephone service furnished to customers or subscribers be-
tween points located within the City of Salt Lake City.
Section 2. Said the A►k RICAN TELi PHONA AND TELS-
GRA'P?i COMPANY OF WYOMIHG may exercise the rights herein
granted by acquiring, occupying, or using the poles, conduits,
or other structure of anyother company; and
D Yi may permit any
other company to acquire, occupy, or use its poles, conduits,
or other structures upon terms and conditions not inoonsistent
with the provisions of this ordinance, to be agreed upon by
said companies.
3eotion 3. All poles, conduits, manholes, and fix-
tures shall be erected or constructed pursuant to the direct-
ion of the Beard of Commissioners of Salt Lake City under
the sdper►ision of the Commissioner of Streets and Public
Improvements, and all streets, sidewalks, curbs, gutters,
conduits, sewers, water pipes, water mains or other property
that may be disturbed or damaged in the construction, opera-
tion, maintensnee er repair of the said lines shall be
promptly restored, replaced and repaired by the said company
at its own expense and to the satisfaction of the Boars of
Commissioners of salt lake City) and all poles shall be neat,
symmetrical, and so located as not to interfere with the pro-
per use of said highways. In the event such grantee shall
fail to promptly restore, replace or repair as herein spec-
ified, the city shall have the right so to do, and the grantee
agrees promptly to reimburse the city for the total cost of
said work, material and labor.
Diction 4. Said Company shall be subject to all or-
dinances
now in force or that may be hereafter passed as
police regulations, relative to the use of the public highways
of the said city, and, at the direction of the said Board of
Commissioners under the exercise of the police power of said
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Board, may be required to place its wires and cables in under-
ground conduits.
Section 6. In consideration of the rights and priv-
ileges herein granted, said Company shall furnish, free of
poet to said Salt Lake City, space on all poles erected or in
one duct of all conduit runs constructed under this ordinance,
for the use of its fire alarm and police telegraph wires.
In further oonsideration of the rights and privileges
herein granted, the said Company shall furnish The Mountain
States Telephone and Telegraph Company, its suocessors and
assigns, or to any company rendering substantially the same
service rendered by said The Mountain States Telephone and
Telegraph Company, its successors or assigns, in the event
that such company, its successors or assigns, shall cease to
operate, connecting toll line service to points not served by
said The Mountain States Telephone and Telegraph Company, its
successors and assigns, upon reasonable terms and conditions.
Section 6. Nothing in this ordinance contained shall
be construed to grant to the said Company an exclusive fran-
chise, and the said city hereby reserves the right to grant a
like consent to any other company, person or persons for like
purposes.
I f
Section} 7. That nothing in this ordinance shall be
so construed as to prevent Salt Lake City, or its authorized
agents, contractors, or person or corporation to whom a
franchise may have been or may hereafter be granted, from
paving, severing, laying gas or eater mains, pipes or conduits,
altering, repairing, or in any manner improving said streetsp
provided nothing herein shall be construed to release, ex-
onerate or discharge any contractor or any person or corpor-
ation
to whom a franchise may have been or may hereafter be
granted from any liability for any act of negligence.
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Section 8. Said Company herein, its successors and
assigns, shall and by the acceptance of the privileges and
rights herein granted* and in consideration of the same, does
bind itself. its successors and assignor, upon its aooeptanoe
of this franchise, to save said city harmless from all suits,
claims, demands and judgments whatsoever, whether in law or
in equity, which shall be asserted, found or rendered in any
manner whatsoever, against said city for injury or damage to
abutting property, personal injuries or otherwise, by reason
of the granting of this franchise or by reason of the construct-
ion or operation of said lines; and said Company, its succes-
sors and assigns, will pay the *mount of any judgment, deter-
mination or adjudication which :in any suit or proceedings may
' be or 'shall be found against grit Lake City; and said Company,
its successors and assigns, *hall appear in and defend all
actions brought against Salt lake City for any injury or damage
by reason of the construction, operation or maintenance of said
lines; provided, however, that the said Company, its successore
and assigns, shall have had notice of any such suite and an
opportunity to appear and defend the same.
Seetion fl,, Uhle.. this grant, and all the terms and
conditions thereof, shall be accepted, in writing, by the grantee
herein within thirty days after the taking effect of this ordin-
ance, and unless said company ohall ocmmence some operations
hereunder within one year from date of such passage, or if said
company shall entirely cease operations hereunder for a period
of nine months, then this ordinance shall be dull and void.
section 10. This ordinance shall take effect thirty-
one (31) days after itscpCaiage.
Passed by the Hoard of C ners of Salt lake City,
Utah, OCT 17 1529 (1929
May ',
t
ity eoorder.
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Sill No.
Aibliohed
T.AT , O' UTAI
3; m
COUNTY 0Y sALT t.4K? J
I, 4 the da ly appointed,
qualified and acting Recorder of 'iiiait: yake City. Utah, do
hereby certify that the attached and foregoing is a full,
true and correct copy of Hill. Na. ,. an ordinance
granting to the n MMA TY4.42HUN$ AND TIgL:.tiRA N COMPANY OF
wrOMINo, its successors. assigns, lessees and agents► the
right to construct, operate and maintain lines of telephone
and telegraph upon, along, across, over and under the public
road•, streets, hi/limeys and other public rays of .Salt .Lake
City, Utah, passed by the :Board of Commissioners
• 1921, as appears sf record in my office.
d
IN `rITn333 WfflRN0Y, I have hereunto set my ?sand and
affixed the corporate seal of said City this day of
, A, r,. 1129.
City Recorder.
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VOTING AYE NAY Salt Lake City,Utah, Oct. 15th 192 9
)
Burton
Fehr I move that the ordinance be passed.
RIME
Finch
15EN
Moran
Commissione S ets & Public Improve-
Mr.Chairman
Result
front* of 1nbttrati nn
3hniteb if'tates nI America
STATE OF UTAH ss.
COUNTY OF SALT LAKE
'ORDINANCE.
An ordinance granting permission to.
the American Telephone and Telegraph
Company of Wyoming, Its e110ceseora,
Melons, lessees and"agents, to con- 1 Y hTOLF..F..
struot,operate and maintain dose c{
telephone end telegraph upon,'along.'
across, over and under tha,.publib being first duly sworn,deposes and says,that he is the Principal Clerk
roads,streets,highways and'other pub-
lie mays of Salt Lake City,County of•
•s Be•it ordained
and State a oa d of the SALT LAKE DAILY TRIBUNE, a newspaper published in
Se it ordained It she Hoard of unty,
mtselot h e.Pelt Lake City.county:.
"of,Salt Lake.and Staten II permission
d.Sectionuth 1.•That.nd they arehe
granted
authority bo and they are hereby
Telegr ph CompanyAmerican
.of Wyeomming.eat. Salt Lake City,Salt Lake County,State of Utah.
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'successors,assigns,lessees and agents,
-to construct, operate and maintain
lines of teloph and telegraph upon,
one. That the Notice AN ORDINANCE' BILL NO. 38.
Asr.Syer and,under the pub-
y s,a MOM,highways Mad other-
v uttWe waye;,qt SalL,Lake a . ity, Salt
e County;Ptata.uf Iltah',includmg SALT LAKi CITY CORP ORATION.
µ bled elect cal.conductors enother
structures, applianoba nod'.-animate-
...monies as may be from time to time OFFIC., OF THE CITY RECORDER.
-necessary for the aventent transac-
tion tton of the businesss of the said Com-
paan vlaed,however,that this per-
"Mission shall not be•construed as
"grantingtocnhe right,privilege or author-
liptel construct,operate aintar-
telephone dines for the purpose of fur-
nishing aa local public telephone Cu-
change service telephone'said City,much local of which a copy is hereto attached,was first published in said news-
i gbad�me o eel telephone ee•sgrvlce
'furnished to custO era Sr'simecribere
-between..}}ffoomte'located within t11sCitY, paper in its issue dated the 16tk1
of Salt Lake City.
Seotlon.2. •Sold the'Amerlpaa•�Teie=
phone'and Telegraph •Cotnpany of
Wyoming may exactas the rights•here-. October 9
in grapted by acquiring,000upylne Or day of , 192
using she.poled, bond'nbts or other
,structure of any other boniP4ny:and
may permit any other company to ac-
quire. occupy or use'its poles, con publisheddaily issue of said newspaper, on
Milts or other structures upon terms
and conditions net inconsistent with
the-provisioneof this ordinance,to be October 16th• for
agreed upon by said companies.
Section 3. All poles,conduits.man,
holes and fixtures shall be erected or,
constructed,pursuant to the.dlrecuon
xLof akeour un of der Commissioners
hoee pervlionoofshe thereafter,the full period of One insertion.
-Commissioner of Streets and Public
Improvements,•and all streets, side-
walks,CUrbe,gutters,conduits,sewers,':,
water pipes, water mains or•other
property that may..he -disturbed or the last publication thereof
damaged in the coaetruptlon,
flop,. maintenance'Or repair,or the
said lines shall ba promptly'restored;.
replaced And.repafred by the
•°aide c the day of
oin-; being in the issue dated the 16th
pony at Its own aspen ns antt
-satisfaction of the Hoard'oL•Qomtia011
efonere,of Salt-Lake City;.and
prop shall be neat,symmetrical. tile:. 9
so located as not to interfere with the. OC t o be r ,A.D.19
'events such
-grantee shall •fall to
promptly restore replace or repair as
lher ,ybip�epii{ted>th a46y*a�i A hoes
•Ibr the
total stoat dOf said work, at
agrees p emytly ma.relmbprse e'7aisy:
�IDr tee total abet u1 said work mate-
lost and 4bor
imasiy'°eaa�te. sworn to before me this day of
off the ppuublic highways of tree said r1 9 '
Cad,at the direction of the said Hoard 9
of Commissioners under the exercise of•
.._.
yhe police Dawes of said.Board,may be A.D.192
=Mi red to place Its wires and cables
4A•-underground conduits.
Notary Public.
Advertising fee,$
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eouwn - nousiaeratioa of the
rights and privileges herein granted.
said Company shall furnish, free of
'cost to said Salt Lake City,space an
all poles erected or in one duct of all
conduit runs constructed udder this,
ordinance,for the use of its fire alarm
and police telegraph wires.
In further consideration of the
the• said Cod mpany shaherein
l rf rn granted.
Mountain States Telephone and Tele-
graph Company,its successors and as-
signe. Or to any company rendering
substantially the same service rendered
by sad The Mountain States Telephone
or assigns,inthe evpti ent that such com-
pany,• tos operate.dOnnectmg t or oll line
service to_points not served by said
The Mountain States Telephone and
Telegraph-Company,Its successors and
assigns, upon reasonable terms and
conditions.'
Section 6. Nothing in this ordinance
contained shall be construed to grant
to the said Company an exclusive fran-
chise, and the said city hereby re-
serves the right to grant a like con-
sent to any other.company,person or
persons for like purposes.
Section 7. That nothing to this om:-
nsnce shall be so construed as to pre-
vent Salt Lake City,or its authorized
agentscor-
hporation whom ar french!. may
ave been or may hereafter be granted,
from paving, severing:laying gas or
water cousin,pipes or conduits,alter-
ing,repairing,_or in any manner im-
proving paid streets: provided nothing
herein shall be construed to release,
exonerate or discharge',any contractor
of any person or corporation to whom
a franchise may have been or may
hereafter be,
granted from any liability
for any act of negligence.
Section 8. Said Company herein,its
successors and assigns,shall and by the
acceptance of the privileges and rights
herein granted, and in consideration
of the same,does bind itself,its suc-
cessors and assigns,upon its acceptance
of-this franchise, to save said city
harmless from all suits, claims, de-
Mande and Judgments .whatsoever,
whether in law or in equity, which
shall be asserted,found or rendered in
any manlier whatsoever against said
city for injury or damage to abutting
property,
by,reason ofithejgranting of or her-
this
franchise orby reason of the construc-
tion or operation of said lines:and said
Company, its successors and assigns,
will pay the amount of any judgment,
:determination or adjudication which In
any`silit or proceedings may be or shall
be found against Salt Lake City:and
said Company,its successors and as-
signs,shall appear in and defend all
actions brought against Salt Lake City
foe any Injury-or.damage by reason of
the construction,operation or mainte-
nance of ld'11nes:provided,however,
.thap i sedan Company,its successors
and assigns,shall hav0 bad notice of
any shoe suits and sot opportunity to
appear and defend the same.
Section 9. Unless this grant,and all
the terms and conditions thereof,shall
be accepted,In writing,by the grantee
herein Within thirty days after the tak-
ting effect of this ordinance,and un-
less said company shall commence some
operations hereunder Within one year
from..date of each passage,pr'tf said
compilpy shall entirely cease operations
herminder for a riod of nine months.
enthis n
t ordina ce shall b0 null and
void.
Section 10. This ordinance shall
.take effect thirty-one (21) days after
Its Pa§eage.
Passed by the Board of Commis0
donors of Salt Lake City.'Utah,Oct...
bar 15.1929.
• JOHN F.BOWMAN.Mayer. '
$thpl Macdonald.City itetrder..
'Pillt Nd 28. 7a
7)tlHlfahsd'October'Sg 9841K "'
.09
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PROOF OF PUBLICATION
FROM
0111e *alf ratio dtribittte
County
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Entry No
1