48 of 1911 - Ordinance 48 of 1911 – Franchise, Pintsch Compressing Co. (Substitute for Bill No. 47) ,1". - ( )
AN ORDINANCE
GRANTING TO THE PINTSCH COMPRESSING COMPANY TEE RIGHT TO MANUFAC-
TURE ILLUMINATING GAS FOR RAILROAD COACHES, ON BLOCK 82, PLAT A,
SAIL LAKE CITY SURVEY, AND TO LAY AND MAINTAIN GAS MAINS IN SUCH
STREETS AS MAY BE NECESSARY TO CONDUCT ILLUMINATING GAS TO TITE
RAILROAD YARDS OF THE OREGON SHORT LINE RAILROAD COMPANY and the
DENVER & RIO GRANTDE RAILROAD COMPANY.
Be it Ordained by the City Council of Salt Lake City, Utah:
Section 1. That the Pintsch 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 concrete or cement casing
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 ne-
cessary by the City authorities and an order to that effect be
made, the grantee herein shall raise or lower said pipe, at its
own expense, in the streets aforesaid as directed in said order,-
said pipe to be laid underneath the surface and across the fol-
lowing 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 inter-
section of North Temple and Fourth West Streets 160 feet, more or
less, to the premises of the Oregon Short Line Railroad Company;
also across First North Street, Second North Street, Third North
1 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 North Street, and extending thence northwester-
Iy 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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48
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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 South
Street and extending thence southerly to a point in said Fourth West
Street on the south line of Second South Street. Also beginning 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 ran shall
grantee sh 1 be permitted to store at its plant on Block 82,
i
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
II
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 andnegulations as may hereafter be adopted
by the City Council or other governing body of said City in rela-
tion 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, ordi-
nary use of said streets as is consistent with reasonable diligence
and proper workmanship, and that it will, at its own expense, prom-
ptly repair and put in as good condition as before the openings were
made, every such portion of the streets in said city where such open-
'
ings shall be made by it;/and also that if at any time during the
( term of this franchise the grantee, its successors or assigns shall
so conduct the manufacture of gas as to constitute a public nuisance
the right to so manufacture said gas may be revoked by the City Cour
cil or other governing body of said City.
PROVIDED also 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
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hereafter be granted from paving, sewering, laying gas or water
mains, pipes or conduits, altering, repairing or in any manner
improving said streets.
Section 2. That said Salt lake City shall in no way be liable f a
any accident or damage that may occur in the laying of said mains or
pipes, storing said oil, or in the operation of any business conduc-
ted by the grantee, under and by virtue of this franchise, by reason
of the negligence, default or misconduct of said grantee, or its ear
ployees, and the acceptance of this grant shall be deemed an agree-
ment on the part of the grantee, for itself, its successors and as-
signs, to save said City harmless from and against any and all li-
ability, loss, costs, expenses or damage from any cause arising out
of any such negligence, default or misconduct, or which may accrue
reason of any accident or injury which may occur by reason of any ad
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 rea-
son 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 latter to the for-
mer, provided however that the said grantee shall have had notice
in writing of the pendency of such action in time to appear and de-
fend the same.
Section 3. That if this grant with the conditions herein con-
tained be not accepted in writing by said grantee within thirty days
after the paesa s and approval of thin e: dinance, then said fran-
chise shall become null and void; and, further, that the said gran-
tee 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 acceptance
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, May 15th
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1911, and referred to the Mayor fo h's 1.
City der.
Approved this / / day of liay, 1911.
May o r.
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