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4 of 1951 - Granting to Utah Power and Light Company electric light, heat and power franchise and repealing cert ..... .� .., AN it, lJD Salt Lake City,Utah, ,195 VOTING Ave Nay Affleck I move that the ordinance be passed. Christensen . . Lingenfelter . Romney . . . Mr. Chairman . . _ AN ORDINANCE . Result AN ORDfNANCE GRANTING TO UTAH POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT, AND POWER FRANCHISE AND REPEALING CERTAIN FRANCHISE ORDINANCES HERETOFORE GRANTED TO SAID COMPANY AND/OR ITS PREDECESSOR COMPANIES. BE IT ORDAINED -BY- THE-'BOAArbrZ`TIFITSSL.QNERS OF SALT LAKE CITY, UTAH: Section 1. That there is hereby granted to Utah Power & • Light Company, its successors and assigns (herein sometimes called the "Company"), the right, privilege, or franchise for a period of fifty (50) years from and after January 1, 1951, to construct, maintain and operate in, under, along, over and across the present and future streets, alleys, and public places in Salt Lake City, Utah (herein sometimes called the "City"), and its successors, electric light and power lines, together with all the necessary or desirable appurtenances (including underground conduits and structures, poles, towers, wires, transmission lines, and telegraph and telephone lines for its own use), for the purpose of supplying electric power and energy to said City, the inhabitants thereof and persons and corporations beyond the limits thereof, for light, heat, power and other purposes. Sec. 2. All electric lines, poles, towers, conduits and other structures constructed under this grant shall be constructed and maintained in accordance with established practices with res- pect to such construction; and shall be located so as to cause minimum interference with the proper use of such streets, alleys and public places. -2- Sec. 3. The City shall have the right, without cost to make attachments to poles owned and used by the Company within the City for City wires used by the City in connection with its fire alarm or police signal systems;. such attachments to be in- stalled and maintained in accordance with the requirements of the National Electrical Safety Code pertaining to such construc- tion, and only after written notice to the Company; provided, however, that the Company shall assume no liability nor be put to any additional expense in connection therewith; and, provided further, that the City's use thereof shall be in such manner C f,<�G as not to interfere with the Compan�yh's use of the same. r1r Sec. 4. The City shall in ne/'way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Company of its lines and appurtenances hereunder, and the acceptance of this franchise shall be deemed an agreement on the part of said Company, its successors and assigns, to indemnify said City and hold it harm- less against any and all liability, loss, cost, damage or expense which may accrue to said City by reason of the neglect, default or misconduct of the Company in the construction, operation or maintenance of its said lines and appurtenances hereunder. Sec. 5. As a further consideration for this franchise and in lieu of all municipal occupation or license taxes upon the Company, its property or business within the City, the Company agrees to pay a sum equal to two percentum (2%) on the gross revenue derived by the Company from the sale and use of elec- trical power and energy within the corporate limits of Salt Lake City. The term "gross revenue" as used herein shall be construed to mean any revenue of the Company derived from the sale and use r of electric power and energy within Salt Lake City, after adjust- ment for the net write-off of uncollectible accounts and correc- tions of bills theretofore rendered. -3- Within forty-five days after the close of each quarter in each calendar year, the Company shall file with the City Treasurer of Salt Lake City, a report of such gross revenues for such quar- ter. Such report shall contain a statement of gross revenue and any deductions made because of.adjustments or corrections as herein provided, together with a computation of the tax to be paid. Coincidentally with the filing of such report the Company shall pay to the City Treasurer the amount of the tax thus com- puted. Within thirty {30) days after the filing of such report, or within such reasonable additional time as the City Treasurer may request, the Treasurer shall examine such report, determine the accuracy of the amouniB reported, and, if he finds any errors, report the same to the Company for correction; if the tax as paid be found deficient the Company shall promptly remit the differ- ence, and if the tax as paid be found excessive the City shall promptly refund the difference. The records of the Company per- taining to such report shall be open for inspection by the Board of Commissioners or its duly authorized representative at all reasonable hours for the purpose of verifying such report. Sec. 6. This Ordinance shall be deposited in the office of the City Recorder of Salt Lake City and published at least once in a newspaper published within said City and shall go into effect at the expiration of the twentieth day after publication, or the thirtieth day after its final passage, whichever of said dates is most remote from the final passage of said Ordinance. Sec. 7. Utah Power & Light Company, within thirty days after the effective date of this Ordinance shall file its accept- ance thereof in writing with the City Recorder of Salt Lake City, otherwise the same shall be null and void. Sec. 8. Upon the filing with the City Recorder of such written acceptance those certain Ordinances entitled - -4- 3r0 An Ordiiance 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. Passed by the City Council of Salt Lake City, Utah, August 3, 1905; and an Ordinance entitled: An Ordinance ratifying and confirming the transfer to the Utah Light and Traction Company, its successors and assigns, of the rights, privileges and franchises covered by certain Ordinances of Salt Lake City, amend- ing said Ordinances and Reordaining the same as so amended. Passed by the Board of Com- missioners of Salt Lake City, Utah, December 21, 1914; and an Ordinance entitled: An Ordinance amending an Ordinance entitled: "An Ordinance ratifying and con- firming the transfer to the Utah Light and Traction Company, its successors and assigns, of the rights, privileges and franchises covered by certain Ordinances of Salt Lake City, amending said Ordinance and reordaining the same as so amended", passed December 21, 1914. Passed by the Board of Commissioners of Salt Lake City, March 1, 1917; and an Ordinance entitled: An Ordinance ratifying and confirming the transfer to the Utah Power & Light Com- pany, its successors and assigns, all the rights, privileges and franchises covered by certain Ordinances of Salt Lake City, and ratifying the same. Passed by the Board of Commissioners of Salt Lake City, Utah, Febru- ary 6, 1945; and an Ordinance entitled: An Ordinance granting permission to the Merchants Light & Power Company, a corporation to construct, maintain and operate an electric heating, lighting and power system within the limits of Salt Lake City. Passed by the Board of Commissioners of Salt Lake City, Utah, August 22, 1912; and an Ordinance entitled: An Ordinance amending "An Ordinance granting permission to the Merchants Light & Power Company, a corporation, to construct, maintain and operate an electric heating, lighting and power system within the limits of Salt Lake City" passed August 22, 1912, reordaining the same as amended -S- and confirming the title thereto in the Utah Power & Light Company, its successors and assigns. Passed by the Board of Commissioners of Salt Lake City, Utah, December 21, 1914; and an Ordinance entitled: An Ordinance amending an Ordinance entitled: "An Ordinance granting permission to the Mer- chants Light & Power Company, a corporation, to construct, maintain and operate an electric heat- ing, lighting and power system within the limits of Salt Lake City" passed August 22, 1912, as amended by "An Ordinance amending an Ordinance granting permission to the Merchants Light & Power Company, a corporation, to construct, maintain and operate an electric heating, light- ing and power system within the limits of Salt Lake City, passed August 22, 1912, reordaining the same as amended, and confirming the title thereto in the Utah Power & Light Company, its successors and assigns", passed December 21, 1914, to include the right to construct, main- tain and operate a system for the distribution and conveyance of steam, hot water and other fluids and air within the limits of Salt Lake City. Passed by the Board of Commissioners of Salt Lake City, Utah, March 1, 1917; together with all amendments of said Ordinances or either of them, insofar as they pertain to the furnishing of electric power and energy in Salt Lake City, shall be repealed and all benefits to or obligations of the Company thereunder shall oease and terminate. • Reserving to the Company, however, the rights and privileges granted to said Company by the above mentioned Ordinance passed March 1, 1917, to construct, operate and maintain a system for the distribution and conveyance of steam, hot water and other fluids and air along and under the streets, alleys and public grourdin said City and to construct and lay conduits below the Surface of the ground, with all necessary branches, cutoffs and manholes, and other apparatus, in such streets, alleys and public grounds for the conveyance of steam, hot water and other fluids and air for power, heating, cooking or other useful applications, to the inhabitants, property owners, manufacturers, and users in said City. -6- Passed by the Board of' Commissioners of Salt Lake City, Utah, this 16th day of' January , 195 1 • 0 TEMPORARY AIRMAN ��6r'� CITY REC RDER Affidavit of Publication STATE OF UTAH, }ss County of Salt Lake J Legal Notices. A' AN ORDINANCE RD GRANTING TO' UTAH POWER as LIGHT COM- .., .. PANT, ITS SUCCESSORS AND HEAT AND POWER FRANCRIC HISTE, Being first duly sworn,deposes and says that he is the ad- AND REPEALING CERTAIN HERE- TOFOREFRANCH RANTED TO IS GRANTED TOES vertising clerk of THE DESERET NEWS,a newspaper COMPANY AND/OR ITS PRE- DECESSOR COMPANIES. published in Salt Lake City,Salt Lake County,in the State 8E IT ORDAINED 1E S O BOARD l� OP COMMISSIONERS UTAH: OP SALT Section ITT Tt here Is hereby of Utah. Cgranted t ompany,t�Queee 00rs and assign. (herein .times*called the"Corn. Pant"),tins right or ififty(o)r y`.r. That the advertisement Hem and after January 1,, 1951, to construct, maintain and operate fn, under, along, r and:*arose .. p t g the presentPublic VLeeeeln strSaleets, l- '` 7v.{�L.CI24=_6-..i11-il `;QI r4' City.Utah(herein sometimes called the"City"),and e ruedese0re,elec- tric ileht-and power lines,together .)UN;.-4 '04.4}z' '�J 43t, 1-f-;e1 t. '-'U--.%r':�t3 r with all the necessary or desirable appurtenance. (Including under- ground conduits and tructures, nsmission lines,.and eteleg alpha s and telephone lines for Its own rise),for the pur- pose of supplying electric power and enerthereof tend said Cloy,the inhabitants was published in said newspaper, in its issue dated, the Hon,beyond heslimits thereof,for light, heat, power and other pur- °e6ee' day of A.D.19 Sec, 9. n All cleand, Shea, poles, tower*, condoled and,other trua- turea constructed nded maithintained grans 'shall be constructed d mtnined n accordance with eatabubhed prae- and was published ;a.'1 ,,1.rtE1t1'A:'t 1'', 2`%'al. tide.with reaped to auch conetrue- tlon;and shall he located to ns to eau. minimum Interfetenee with thepre r use of such streets,alleys and public places. the last publication thereof being in the issue dated the Sec.3. 'The City shall have the Tight,without cost to make attach- ments to paled owned d used by the Company within the City for ncetltnres u ed by the City 'In m or p con-olice day of /��,.A.D.19 signal (lame; s h attachments ,�/4�i a frjlJ� to be Installed-- do maintained In !; thedance with the requirement,of National Electrical Safety code dvertising Clerk pertaining after such 'construction, and Only fter written notice to the Company; proved. however, that the Company shall assume no liabil- ity nor be put to any additional expense in onhettlopt;therewith; a, provided forth y,•-pthat the and, use;thereof l do s h i';'�+,+II manner as cat to.l 'wlth the d sworn to before me this day of Company'a-Uae of t See. d. The City shan In no way:he,liable:ear., Ible for ,t en)'accident by.'en that A.D.19 occur In snnYepq�teuao p,operatlen of 5ne0>.i(tie.,pp th-anoea h et le 11 M Rn ,Acorn..aneee hes- t{r 9wd a Aoo4d.ae of Chi- �•� '�. ' lac ilal'bp depMed an agree- m n� n tfie D bt of.lgfd Company. 1ta .awn add fdlgna, to m- d deviant., td.:CLIy and-h Id Itharm- \1i� le against; nW-ka d all liability, a-' -^ lose,'cost,(I 1py xcenso tilt i ma accrue-"t -'City;by reason Notary Pu l�te of I the iebE G.It or misconduct of Che,Compeny 1n the construction.. Aeration or malntei Q of 1te said lines and nppurtenr,��ta-a`.'6):hereunder, Sce-6.Aaeg,t(th.411"ts1(ifettlon. oil municipalpa occupation liii000n nr)11 true taxes upo the•Company.or prop- erty or business Within the City, the Company agrees to pop equal to two percentnm (2%tom ) on Come gross revenuefrom derived by the electrical power and a Orgy within the corporate limits of Salt Lane City. • The term"gross revenue"as used herein shall bt construed to can any revenue O the Compnnyide- rivedfromthe sale and a e of "' trio power and energy.within Salt An Ordinance Lake City,after adjustment for the amending "An not rlte•nfr of uncrlleetlble ac- Ordinance granting permission t0 counts and careeetl°na of bills there- the Merchants Light & Power solar¢rendered. st[uC{aneiiaintatpponnon. to etn- Within tarty-five days alter the oar-sta an °lees of each quarter In each 1- eleotrlo heating,li'bah': hting and pow- entlar year, the Company shall°file rile' eyetem within tithe.'mite Of Salt wilts the Cityt Treasurer of Salt Lake Lake Cltyy"D.enetl A iguel 22,1912, City, report of such gross lave- ...thing the amended es for uch as,ater.Such report [laming`the title reverts Cos/I- sbell contain statement of made gross 1n he Utah Power As Light Com- becauae of and adjustments ctloans en. Passed by tire`Bo:Board d Comlmis: timne as heren provided, together foneeo of nail Lake Car, Utah, with a computation of the tax to December 21, aria; be paid. Coincidentally with the antl n'Ordinance entitle l: filing of such report the Company An Ordinance amending n Or- shall pay to the City Treasurer the dlnence entitled: "An Ordinance of the tax thus computed. grantin gdpermiSslan to the %cr• t Within thirty (30) days f ter the ght St Power Compare •reasonable etch additional time within as a the ch fain rageatpeeate to construct neleetrlo hone. City Treasurer may m request, the Inc, lighting and npower evstem Treasurer shell examine such - within the limits f SAIL Lake ne mountsterportetlthe accuracy if ohe°One amended Passed August 22Ordlna u amending an Ordinance ing ray errors,report site same to the permission granting .paid ar found defieie If the tax Dermlaslon to the%erchanta Light et pals be fp t emi the Com- Peesa COmpany, e0tD0[atlan, pang shall promptly remit the tlll- to natruen ma'Lela and foresee, and If Inc tax "Ids be ate art electric heats ' Ilghting found a ee tno the City shall •tl Dower system mlthin thee limits promptly ordso refund the difference.The f 6alt Lake Clty,passed August ,records of site Companyalibe pertaining 22,eded,re seining the to such report shall beopen for In- s eased, ntl connnnlns the title s�ection by the Hoard of Cammis- thereto In the Utah Power ds Light Capers or Its duty authorized rep- Company. Its succemsors and ss ative at all reasonable hours ignn"pegged D centbe,21, 1914 for lice purpose of verifying Such re• to include the •Ight .o enn.tt'uc,. port, maintain and operate a seYtrn ee Sec. 6. This Ordinance hall be for the dlstrlbutlan sd c deposited In the office f the City ancsl of steam hot water and itt- Recorder of Salt Lake City and pub- er fluids and its within the limits fished at least once in a newspaper of Salt Lake City.Passed by the published within said Clty and hall Roars f Commissioners of Salt go into effect at the expiration of Lake Citty,Utah, March 1, 1917; the twentieth day after publication I i together with all amendments of or the thirtieth day after Its final said Ordinances or either of them, passage,whichever of seld dates la ,Insofar as they pertain to the fur- m°at rernote from the final nishing ofelectric)power and energy Of said Ordinance. In Sell Lake City,shell be repealed Sea.7.Utah Power Light Com- and all benefits to or obligations of pens, within thirty days after the the Company thereunder shall cease effective date of this Ordinance and terminate. shalt file Its acceptance thereof In Reserving to the Company, hew- writing with the City order Of the rights and privileges grants Salt Lake City, otherwiseee the same ed ever,the Bald Com an Oita!!be nuts and void. mentioned"Ordnance by the ha March Sec. g.Upon the filing with the 1, 1917, to construct,pa operate and City Recorder Of slob writen ae- aintain a system for editrihu-ce➢tine¢ those certain Ordinances flan and conveyance Of entitled— ° team, hot An Ordinance ratifying and con- water and other etrea andair along firming the transfer of franchises and under the streets, alleys end to Utah Light d Railway Com- caniic ground in c hurt and to p ey,a corporation,extending the surfa and ley roundlta below life of said franchisee,and amend- nee surface f the ground,with ad tag the same, Including the an necessary other cutofft inn franchise of the Utah Power Com- a lmistr and other apparatus, In patty,Passed by the City gustCouncil such treats, conveyancealleys peam, f Salt Lake City,Utah,August 2. ar°unwaaa for the end oterfluid of steam, 19 an' for power.heating` ofand air • andOrdinance entitled) cooking of the. An Ordinance ratifying and Cane tentusefs, propertyonow to the ens., firming the transfer to the Utah r Owners, nnu}ae- Light and Traction Company. Its suers,and Uthe 1n said City. • succe sore and assigns, of the Meiners Pegged by the Hoard of Utah,a oboe coheredof by certain Ordinances of 16th day January, 1961. - Solt LakeCiy,amending Said Or- D.A.AFFLECt{, dlnencee and Reardalning the IRMA P.e1TNERorary Chairman. Mime as ¢ ded. Pigged by the Board f`Commissioners of City Recorder. ' Bait Lake City, Utah, December ILL • 21,1914; Publishedd January 18.1931. and anOrdinance entitled: An Ordinance aniendfna an Or- — -- distance entitled: "An Ordinance ratifying end nflrmih the transfer to the Utah Light and Traction Company, Its SUM and assigns, of the rights[priv- certes end franchises Ordinances of covered Lake certain O City, amending esid Ordinance and renedainlag the same as ae emended," peered December 21, 1914.Passed by the Board of Come miesioners of Sall Lake City, March 1, 1917: and en Ordinance entitled: An Ordinance ratifying end confirming the transfer to the Utah Power and Light Company, eights, privileges sad frenchlee covered by certain Ordinances of Salt Lake City,and ratifying the Passed by the Hoard of Com mlesioners of Salt Lake City, Utah,February 6, 1946; and en Ordinance entitled:, An Ordinance granting permta- Mon oneroCthe Merchants Light & ' Pconstruct) maintainCOandraion to as operate an electric heating. lighting d Dawer abs within the limits e Solt Lake oCity.mm Passed othe Laird of C fah,AgOnera of Salt Lake City,Utah,August l 1912; and an Ordinance meleled; y 164 D. P. R W. Railroad C A O. S. L. Railroad Ce. Submitting codies of oroposed ordin- ance granting a franchise to the D. 0 R. G. W. Railroad Co, and 0. S. L. Railroad Co. (Roton Pacific Railroad Co., Lessee) to construct, operate and maintain standard gauge railroa sour track over and upon South Temple and over and across 6th-,lest St. n200.00 fee having been paid. Sr. Christensen moved that the petition -Se filed, a hearing set for Thursday, March 29, 1951, at 10:10 A.M. In Room 302 City and County building and notice thereof ordered advertised, which motion carried, all members voting eye. 150 :Mendell P. White. Petiti::ning for the extension of the water main on Roberta Street, north of Garfield Avenue, a distance of approximately 18 ft. to serve properly at 1855 Roherta Street, work to to done under the refunding ordinance. Mr. Affleck moved that the petition be granted and a 4" main ordered extended on Roberta Street north of Garfield Avenue an approximate distance of 1H ft. work to be done under the Refunding Ordinance at en estimated cost of $68.00 and petitioner notified to deposit this amount with the City Treasurer to the credit of iietermain Extension Ho. 2441 and that if this deposit is not made within 60 days of date of action by the 5perd of Com- missioners, this petition end estimate are void end a new petition must be filed for this extension, which motion carried, all members voting eye. 17(i Utah Power And Light Company. Accepting the ordinance granting to the Utah Power and Light Company, its successors and assigns, an electric light, heat and power franchise and repealing certain franchise ordinances heretofore granted to said Company and/or its redecessor companies, according to all its terms and conditions. . blade moved that the petition be filed, and the acceptance ordered spread upon the minutes or the Board of flo.mndssfoners. Utah Power and Light Co oany hereby accents the ordinance gassed by your Honor- n the 16th day of January,. . 1951, entitled: "AN ORDINANCE GRAFTING 1'O UTAH POWER !r. LIGHT CG:AFANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT. AND POWER FRANCHISE, AND RE- ?TALINn CERTAIN FRANCHISE ORDINANCES HERETOFORE GRANTED TO SAID COMPANY AND/OR ITS PRR:DECESSOR CC0PANIES," according La all its terms end conditions, and files this, its written acceptance thereof, in accordance with the requirements of said ordinance. Very truly yours, UTAH POWER hAD L1OHT 2CiiPANY By: G. M. GADSRY, President REPORTS OF CITY OFFICERS 38 Prom the favor Gentlemen: I move that Peter F. Leer;be advanced as Deputy Cleric in the Civil Court to take the place of Frank E. Diston, resigned, with an increase in salary of fc23y.00 per month, effective as of March 1, 1951. His previous salary was $220.00 per month. I respectfully asa your concurrent. Very truly yours, EARL J. GLADE Mayor Mr. Glade moved that the report he filed, and salary increase approved, effective as of March 1, 1951, which :notion carried, all members voting aye. h0 From the Commissioner of Public Sofety Gentlemen: Section 3717 of the Revised Ordinances of Salt Lake City, 19((4, pro- vides; "The Fesrd of Commissioners may in their discretion deny any application for a license or at any time suspend or revoke any license which has heretofore been issued unless otherwise specifically provided for by Ordinance." According to the above section, cited by the City Attorneys office, it is the recommendation of this Department that licenses (business license for the year 1951, certificate No. 0, and retail produce vendor's license for the year 1951, certificate No. 1) issued to Mr. 'Aden Petersen, 1540 South 9th Nast, be revoked, I further recommend that the licensee be notified by registered mull with a return receipt requested. Yours sincerely, LIln"fl°rrT'iR Commissioner of' Public Safety Mr. Linynnfelter moved that the report be _sled, licenses ordered revoked and Elden Petersen no notified as recccrended, which motion carried, ell members voting aye.