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HomeMy WebLinkAbout61 of 1906 - Ordinance 61 of 1906 – Franchise, granting electric light franchise to J. S. Manley and L. H. Curt i • • AN ORDINANCE. • An Ordinance granting the right to J. S.Manley and L. H. Curtis, both of Salt Lake City, Utah, their ICI heirs and assigns,to use the streets,alleys,lanes and other public grounds within said City for the purpose of constructing, maintaining and operating electric light,heat and power plants within said City,and to vend said light,heat and power to said City and its inhabitants,as herein provided: 13,1!:IT ORDAINED by the City Council of Salt Lake City, Utah: Section 1. That J.S.Manley and I..H.Curtis,both of Salt Lake City, Utah, hereinafter called the Grantees,their heirs and assigns,have the authority and consent,and permission is hereby granted to them, I their heirs and assigns, to use the streets, alleys, lanes and other public grounds of said City of Salt Lalce, Utah,for the purpose of erecting and maintaining such poles, masts, wires, cables, lines, lamps and appli- ances,and to open the streets,alleys,lanes,and all other public grounds of said City for the purpose of con- structing pipes, conduits, or other underground structures,and laying wires therein,as may be necessary for the transmission and utilization of electric energy,and the operation and maintenance of electric wires or 1 lines and the furnishing of electric current for light,heat and power,or any other purpose to which the same ; is,or may be,adapted,within the limits of said City,for public or private use,and to do all other things neces- I sary to enable said grantees,their heirs and assigns,to successfully construct, maintain and operate electric lighting,heating and power plants in said City. Sec 2. The said grantees,their heirs and assigns,shall,at least thirty days prior to the commencement • of the erection of poles and wires or the laying of conduits or other underground structures within the limits of said City,file with the City Engineer of said City a plat showing the streets,alleys,lanes and other public grounds of said City where they propose to locate lines of poles and wires or conduits or other underground structures,which plat shall be subject to the approval of the City Council of said City,and be so approved be- fore any work shall be done in any street in pursuance thereof. Sec.3. All streets,lanes,alleys and public grounds that may be opened by said grantees,their heirs or assigns,for the aforesaid purposes,shall be filled in and put in as good repair as they were prior to their open- ing of the same,and within reasonable time,so as not to unnecessarily obstruct the free passage over the streets raa-t`li-------- . The opening of streets and the erection of poles and the placing of wires thereon,for such purposes,shall at all times conform to such existing ordinances,rules and regulations and such as may hereafter be adopted by the City Council of said City in relation thereto. Sec.4. Commencing January first next after the expiration of one year following the granting of this • franchise.the grantees herein further agree,that from the gross revenues from the sale of electricity within the • limits of Salt Lake City,there shall be paid to the Treasurer of said City, within sixty clays after the end of • • each year,one per cent.for the first five years,one and one-half per cent.for the next five years,and two per cent.for the remainder of the life of said franchise of said gross revenues,and for the purpose of determin- ing the amount to be paid, the books of the grantees shall be subject to the inspection of the City Auditor, and such amounts,whether said percentages aggregate the same or not,shall never be less than one thousand , (11,000.00) dollars for the first year; two + rti ,....0.0 t"do for the second year; and t, J 1� thousand {.,?2,000.00) dollars three (.,p3,000.00) dollars per annum during the remainder of the • five ($65.00)Dollars per light per annuar as ..,., .. 9' this franchise. c.. • , .-.. �c c..i« r-,t,. s,,, „ mr 1n106es only.vu to 100 FAor an-011-01 va._riiu c6 . energy for incandescent lighting i'or municipal lnrposes by this ordinance,shall,and by their acceptance or rue p„,„cge ,:e,ouy g,auwu, ag,.... .o .,. . ,.,..., , furnish electrical energy or power and electric lights to the inhabitants or users therof in said City, and shall be entitled to charge for the same,the prices set forth in the following scale of lighting or power • rates for private consumption,to-wit: • (a) Arc Lighting.—Arc lights which will give an illumination of not less than the present standard 455 watt enclosed carbon arc lamp: Rates.—For the above service, not to exceed$10.00 per lamp per month; for midnight service, not to exceed$6.50 per lamp per month, and for ten o'clock p. in.service$5.00 per lamp per m onth,or by meter, a rate of eleven (11) cents per kilowatt hour for the electrical energy used, and a charge of $1.00 per arc lamp per month in addition thereto for the care and maintenance of the lamp. (b) Incandescent Lighting.—For standard efficiency of from 3 to 3.6 watt per candlepower for incan- descent lamps,a meter rate of ten (10) cents per kilowatt hour for the electrical energy used,provided that the minimum charge shall be seventy-five (75c) cents per month for each consumer of electric energy for incandescent lighting. (c) Meter Rates.—For electrical energy to be used for power purposes, a maximum rate of eight (8) cents per thousand watts, provided that the minimum charge for electrical energy used for motive power shall be three ($3) dollars per month for each consumer of electrical energy for motive power. Consumers paying monthly and on or before the 10th day of the month succeeding the month in which said electricity was used,shall have a discount of ten (10) per cent.on the above prices,but no bill shall be less than the minimum of seventy-five (75c) cents per month. • Sec.7 Said grantees,their heirs and assigns,can shut off' electric energy for whatever purpose used from any customer only when said customer has made default for ten days in payment of bills. Sec.8. The said grantees,their heirs and assigns, shall indemnify the said City of Salt Lake, Utah, _ against loss.and assume all liability juL.claims and_shall defend alLsuits and nrneeerlivas_gt-. . . . -... - -- • • arise against said City for injury-to persons or property growing out of the enjoymento of the riTts ltere�n granted or from any act or omission of said grantees,their heirs and assigns, their agents or employees.and shall pay the said City of Salt Lake any and all sums of money which the said City may be compelled to pay on account thereof. Said grantees, their heirs and assiinit nnsefoje tl 111begin work upon the streets of said City for the purpose of erecting electric light poleAw tic corpora c units of said City,shall execute and deliver to said City of Salt Lake, Utah,a good and sufficient bond in the sum of twenty-five thousand dollars,signed with sureties to the acceptance of the Mayor of said City,conditioned that they will indemnify and save the said City of Salt Lake harmless from any and all costs and damages that may he caused by reason of excavations,the erection, maintenance,management or use of such electric light poles,or the wires thereon or otherwise. in said City, and that said grantees,their heirs and assigns,shall fully perform all the conditions of this ordinance on their part to be kept and performed,and said bond shall remain in fall force and effect during the time for which said rights are granted,and in case the security on said bond,through insolvency or otherwise, shall become insufficient, said grantees,their heirs and assigns,shall,from time to time, give additional security, to the acceptance of the Mayor of said City,within a reasonable time after being notified or requested to do so. Sec.9. The City Council of Salt Lake City hereby expressly reserves the right to use,without cost or ex- 1 pense to it,any or all of the poles or conduits erected.constructed or maintained by the grantees herein,f ar the nuroose of stringing or laying such wires as may be necessary for use in its police and fire alarm systems,, --''- - of said poles or conduits Of' other municipal purposes except light and power, se gran eeslTem,,;z.�.. . _ _ .s wires within the paved district in suitable conduits,and as fast as the pavement of the streets of Salt I.ake City is extended. place wires underground in conduits on the streets so paved,and in advance of said pavement. Sec. 11. This franchise shall not be transferrable or assignable, except to a corporation organized under the laws of the State of Utah, provided however, that the foregoing provision of this section shall not apply to or affect a transfer or assignment of this franchise by way of pledge, mortgage or trust deed; provided, however, that should a mortgagee, trustee or purchaser under foreclosure proceedings acquire the title and right to said franchise, then and in that event, said mortgagee, trustee or purchaser shall within one year after the acquisition of such title, convey said franchise to a corporation organized and doing business under the laws of the State of Utah, the intention being that said franchise and light and heat and power plant contemplated to he con- e� ' structed thereunder shall, except during the period of one year as herein provided, be owned and operated by a corporation of the State of Utah. have the privilege if they elect so to do,to deposit with the City Treasurer twenty-five thousand ($25,000) dollars in cash in lieu of said bond,to be held subject to the conditions in this section provided. 1 If said bond be not given said sum of twenty-five thousand ($25,000) dollars be not deposited -with the City Treasurer upon acceptance by the grantees of this franchise,then and in that event this franchise shall become absolutely null and void. Sec. l4- The terms "the City" and "said City" whenever used in this ordinance, unless the context clearly indicates a different intention, are intended,and shall be construed to mean the"City of Salt Lake, Utah,"and the terms"grantees" and "said grantees," whenever used in this ordinance, unless the context clearly indicates a different intention,are intended.and shall be construed to mean"J. S. Manley and I.. 11. Curtis,both f Salt Lake City, Utah,their heirs and assigns." Sec. 19t The rights,privileges and franchis-s granted by this ordinance arc for a period of fifth- (50) years from the date of the passage of this ordinance. Sec. 16o This ordinance shall take effect and be in force from and after its passage and legal publica- tion,and the tiling by said grantees with the City Recorder of said City, notice in writing of their accept- ance of each and all the terms,provisions and requirements of this ordinance; provided, however, that if said grantees shall fail to file such written acceptance within sixty (60) days after the passage of this ordi- nance,then this ordinance shall be void and of no effect; but if said grantees shall be prevented from ac- cepting the terms,provisions and requirements of this ordinance by injunction or other legal process, or if the acceptance thereof shall be delayed or postponed in any manner by the means aforesaid, said grantees may accept the terms,provisions and requirements of this ordinance within sixty (60) days after the expi- ration of the period during which said acceptance shall have been prevented or delayed as aforesaid,in which event said acceptance shall have the same effect as if the same had been filed within sixty (60) days after the passage of this ordinance; Provided, that no legal proceedings shall extend the time for accepting this franchise longer than one year from the elate of its passage and publication. Passed by the City Council of Salt Lake City Utah, id'ty 17th, 1906, and referred to the Mayor for his approval. Ci_ y Recorder. Approved this g,, day of Nay, 1906. /G� R D Mayor. • arise against said City for injury to persons or property growing out of the enjoytiient o e rtgrts'Tiereul granted or from any act or omission of said grantees,their heirs and assigns,their agents or employees. and shall pay the said City of Salt Lake any and all sums of money which the said City may be compelled to pay on account thereof, Said grantees, their heirs and assignns,J,Te�fo e th.,sl II begin work upon the streets of said City for the purpose of erecting electric light pole.�tvi loin t le corpora e imits of said City,shall execute and deliver to said City of Salt Lake, Utah,a good and sufficient bond in the sum of twenty-five thousand • dollars,signed with sureties to the acceptance of the Mayor of said City,conditioned that they will indemnify and save the said City of Salt Lake harmless from any and all costs and damages that may be caused by , reason of excavations,the erection, maintenance,management or use of such electric light poles,or the wires thereon or otherwise, in said City, and that said grantees,their heirs and assigns,shall fully perform all the conditions of this ordinance on their part to be kept and performed,and said bond shall remain in full force and effect during the time for which said rights are granted,and in case the security on said bond,through insolvency or otherwise, shall become insufficient, said grantees,their heirs and assigns,shall,from time to time, give additional security, to the acceptance of the Mayor of said City,within a reasonable time after being notified or requested to do so. Sec.9. The City Council of Salt Lake City hereby expressly reserves the right to use,without cost or ex- pense to it,any or all of the poles or conduits erected.constructed or maintainer)by the grautecs herein.for the nurnose of stringing or laying such wires as may be necessary for use in its police and lire alarm systems,/ Ided that such wires shall not interfere with the proper and reasonable use of said poles or conduits le wires of the grantees. • - --Sec. a 10. The grantees herein,their successors nd assigns shall place all of its wires within the paved district in suitable conduits,and as fast as the pavement of the streets of Salt Lake City is extended, place wires underground in conduits on the streets so paved,and in advance of said pavement. 1 Sec.17,,,It is expressly understood and agreed that should the grantees herein,or a corporation to which this franchise and all the privileges herein may be granted or assigned, after having constructed and put in operation an electric lighting and power plant and distributing system,as herein contemplated,desire to-ell or assign the same,then in that event this franchise and all the privileges herein granted shalt be non-transfer- able by the said corporation without the consent of the City Council of Salt Lake City, except after the said corporation shall have offered to sell its entire property and privileges to said City at a valuation that would be equal to that offered by any bona fide purchaser for the same,or at such a price as the property of said corporation would sell for in the open market at the time said corporation should make such proposal of sale of its entire property and privileges. Sec.13 The grantees further agree that on or before their acceptance of this franchise they will deposit 1 with the City Recorder a good and sufficient bond in the sum of twenty-five thousand ($25,000) dollars, approved by the Mayor, the conditions of said bond being that'jke grantees shall fail to commence work within four mouths after their acceptance of this franchise, and Ito continue the work of installation with 1 reasonable diligence in accordance with the provisions of this ordinance,or fail to perform or comply with �� • any of the conditions or obligations assumed by them in this franchise, then Salt Lake City shall recover as liquidated damages from the obligees and sureties in said bond,the stun of twenty-five thousand$25,000) dollars, and the same shall be immediately due and payable,provided,however,that the said grantees shall have the privilege if they elect so to do,to deposit with the City Treasurer twenty-five thousand ($25,000) • dollars in cash in lieu of said bond,to be held subject to the conditions in this section provided. If said bond be not given said sum of twenty-five thousand ($25,000) dollars be not deposited with the City Treasurer upon acceptance by the grantees of this franchise,then and in that event this franchise • shall become absolutely null and void. • Sec. 1if The terms "the City" and "said City" whenever used in this ordinance, unless the context clearly indicates a different intention,are intended,and shall be construed to mean the "City of Salt Lake, Utah,"and the terms"grantees" and "said grantees;' whenever used in this ordinance, unless the context s ,clearly indicates a different intention,are intended.and shall be construed to mean"J.S. Manley and L. II. :!_ Curtis,both f Salt Lake City, Utah,their heirs and assigns." Sec. 1.6. The rights, privileges and franchis^s granted by this ordinance are for a period of fifty (50) 1 years from the date of the passage of this ordinance. • Sec. 1io This ordinance shall take effect and be in force from and after its passage and legal lx.Id ca- tion,and the filing by said grantees with the City Recorder of said City, notice in writing of their accept- ance of each and all the terms,provisions and requirements of this ordinance; provided, however, that if , said grantees shall fail to file such written acceptance within sixty (60) days after-the passage of this ordi- nance, then this ordinance shall be void and of no effect; but if said grantees shall be prevented from ac- cepting the terms,provisions and requirements of this ordinance by injunction or other legal process, or if the acceptance thereof shall be delayed or postponed in any manner by the means aforesaid,said grantees _. may accept the terms,provisions and requirements of this ordinance within sixty (60) days after the expi- ration of the period daring which said acceptance shall have been prevented or delayed as aforesaid,in which event said acceptance shall have the same effect as if the same had been filed within sixty (60) days after the passage of this ordinance; Provided, that no legal proceedings shall extend the time for accepting this franchise longer than one year from the date of its passage and publication. Passed by the City Council of Salt Lake City, Utah, May 17th, 1906, and referred to the Mayor for his approval. Z Q q Ci y recorder. Approved this ,L c6,, da.y of May, 1906. - . Mayor. • 61 •—. _ ,_ _ r•-•• s-,I V 61 An ordinance granting an electric light franchise to J. S. :,anley and L.E.aurtio. i • Presented to the City Council, 2/.ki//,/f-Lt 2x.7/7 ;pc-4:,, .., MAY1 7 1906 .t. ..... .. ! . . , •11&•4:1,,, ..'A. " R WIRFOORDat. '!.... First Publication irt -', ...........e:4.-47,,,a<7-6e.........; MAY 2111906 J. B. MORETON, city Recorder. -..