47 of 1911 - Ordinance 47 of 1911 – Franchise, Pintsch Compressing Co., to manufacture illuminating gas for rai AN ORDINANCE
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BE NECESSARY TO CONDUCT ILLUMINATING GAS TO THE RAILROAD YARDS OF T .c
OREGON SHORT LINE RAILROAD COMPANY and the DENVER & RIO GRANDE RAIL+
ROAD COMPANY.
Be it Ordained by the City Council of Salt Lake City, Utah:
Section 1. That the Pintech Compressing Company, a corporation
of the State of New Jersey, its successors and assigns, have the au-
thority and consent of the City Council, and permission is hereby
granted them, to manufacture on Block 82, Plat A., Salt Lake City
Survey, gas for illuminating railroad trains, cars and equipment,
and to conduct such gas through extra strong wrought iron pipe of
the diameter of two inches, and laid in a concrete or cement cas-
ing of the dimensions of 5 inches by 5 inches, at least two (2)
feet below the surface of the street, or at such other depth as may
be directed by the City Engineer; and in case it shall be deemed
necessary by the City authorities and an order to that effect
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made, the grantee herein shall raise or lower said pip �in they'
streets aforesaid as directed in said order,- said pipe to be laid
underneath the surface and across the following streets of said
City, to-wit:
On North Temple Street, beginning at a point approximately
25 feet west of the northeast corner of Block 82, Plat A., Salt
Lake City Survey, and extending thence northeasterly across the
intersection of North Temple and Fourth 'Vest Streets 160 feet,
more or less, to the premises of the Oregon Short Line Railroad •
Company; also across First North Street, Second North Street, Thidd
North Street and Fourth North Street, on a line immediately east of
the centre line of said street; and on Fourth West Street beginning
at a point in the centre line thereof midway between Fifth North
Street and Fourth dTorth Street, and extending thence northwester-
ly 425 feet, more or less, to a point on the north side of Fifth
North Street on a line with the west side of Fourth West Street.
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Also in Fourth West Street beginning at a point therein immediately
east of the centre line thereof and on the north side of First Soit-
th Street•and extending thence southerly to a point in said Fourth
West Street on the south line of Second South Street. Also, begin-
ning at a point in Third South Street immediately west of the centre
line of Fourth West Street and extending thence westerly, distant
23 feet northerly from and parallel with the south line of said
street, to the intersection of Third South Street and Fifth West
Street.
That for the purpose of manufacturing the gas herein provided
the grantee shall be permitted to store at its plant on Block 82,
Plat A., Salt Lake City Survey, a sufficient amount of gas oil, not
exceeding 30,000 gallons, for the operation of said plant, said oil
to be stored in underground metal tanks to be approved by the City
Building Inspector and Chief of the City Fire Department,-
PROVIDED, that in the construction, maintenance and operation
of the said gas mains or pipes, and in the storing of oil, the said
grantee, its successors and assigns shall, at all times, conform to
such ordinances, rules and regulations as may hereafter be adopted
by the City Council or other governing body of said City in relat-
ion thereto, and that the said grantee shall so conduct the con-
struction, operation and maintenance of said mains and pipes in such
a manner as to cause as little impediment to the common, Ordinary
use of said streets as is consistent with reasonable diligence and
proper workmanship, and that it will, at its own expense, promptly
• repair and put in as good condition as before the openings were made,
every such portion of the streets in said City where such openings
shall be made by it;
PROVIDED, that nothing in this grant shall be construed so
as to prevent Salt Lake City, or its authorized agents, contractors,
persons or corporations to whom a franchise may have been or may
hereafter be granted from paving, sewering, laying gas or water
mains, pipes or conduits, altering, repairing or in any manner im-
proving said streets.
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Section 2. That said Salt Lake City shall in no way be liable for
amy accident or damage that may occur in the laying of said mains
or pipes, storing said oil, or in the operation of any business
conducted by the grantee, under and by virtue of this franchise,
by reason of the negligence, default or misconduct of said grantee,
xrctaxxxxixaxxxixixxxxixtaiaxiezzaskiss or its employees, and the
acceptance of this grant shall be deemed an agreement on the part
of the grantee, for itself, its successors and assigns, to save
said City harmless from and against any and all liability, loss,
costs, expenses or damage from any cause arising out of any such
negligence, default or misconduct, or which may accrue by reason
of any accident or injury which may occur by reason of any ac*
done by the grantee, and to indemnify and repay said City for
any loss, costs, expense or damage of any kind it may sustain by
reason of any such negligence, default, misconduct, accident or
injury, and if any judgment for damages for any such negligence,
default, misconduct, accident or injury shall be recovered against
said City, the recovery thereof shall be final as between said
City and said grantee and conclusive as to the liability of the
clatter to the former, provided, however, that the said'grantee
shall have had notice in writing of the pendency of such action
in time to appear o,nd defend the same.
Section 3. That if this grant with the conditions herein
contained be not accepted in writing by said grantee within thirty
days after the passage and approval of this ordinance, then said
( franchise shall become null and void; and, further, that the said
( grantee shall forfeit the right to lay and maintain its said mains
or pipes in so much of the streets hereinbefore described as it
shall not have occupied within one year from the date of its ac-
ceptance of this franchise.
Section 4. This franchise shall take effect upon approval
and acceptance, and shall continue for the term of twenty-five years.
Passed by the City Council of Salt Lake City, Utah,
1911, and referred to the Mayor for his approval.
Approved this day of
1911. _ r;+.., Rannrder_
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