65 of 1953 - Granting to Mountain Fuel Supply Company a franchise to construct, operate, maintain etc. system of ROLL CALL � Salt Lake City,Utah;i �,< I ,:� 195
VOTING Aye Nay
I move that the ordinance be passed.
Burbidge . . . .
Christensen . . . Q
Lingenfelter .I
Romney . . . .
Mr.Chairman . AN ORDINANCE
Result
AN ORDINANCE GRANTING TO MOUNTAIN FUEL SUPPLY C01=IPANY, ITS SUCCES-
SORS AND ASSIGNS, A P'RANCUISE FOR THE CONNSTRUCTION, OPERATION, LAYING,
MAINTENANCE AND REPAIR OF A SYSTEM OF GAS MAINS AND SUPPLY AND DIS'TEIBUTIUN
PIPES, TOGETHER WITH ALL £-;ECEJNAAY OR PROPER EDUIPF1'DT, FIXTURES AND
APPU:It'1ENI:NCES, AND REPEALING A CERTAIN FRANCHISE ORDINANCE HERETOFORE
GRANTED TO THE PREDECESSORS OF SAID COP-WANY, ANTI) ALSO REPEALING A CERTAIN
ORDINANCE RELATING TO THE LICENSING OF PERSONS OR CORPORATIONS 11110 ENGAGE
IN THE SELLING OF NATUJRAAL 011 ANTIF'ICIAL GAS IN SALT LAKE CITY, UTAH.
Be it ordained by the Board of Commissioners of Jalt Lake City,
Utah:
Section 1. There is hereby granted to Fountain Fuel Supply
Company, a corporation, its successors and assigns (herein sometimes
called the "Company"), for a period of fifty (50) years from and after
the effective date of this ordinance, the right, privilege and franchise
to construct, operate, lay, maintain and repair in, along, across and
under the streets, alloys, publicways, and public places now or hereafter
laid out or dedicated, and all extensions thereof and additions thereto,
in Salt Lake City, Utah, (herein sometimes called the "City"), a system
of gas mains, supply pipes and laterals, distribution and service pipes,
together with all necessary or proper equipment, fixtures and appurten-
ances, for the purpose of supplying said City and the inhabitants thereof,
and persons and corporations beyond the corporate limits of said City,
gas for light, heat, power and other purposes for, which the same may be
used.
Section 2. All gas mains and pipes laid, operated and maintained
under this franchise shall be so laid, placed or maintained as not to
substantially impair or interfere with the usefulness or use of such streets,
alleys, and public places or with waiter mains, pipes or conduits of the
-2-
City or with pipes or conduits of any public service utility laid or
constructed prior to the laying or construction of the mains or pipes
of the Company.
Section 3. The said Company shall at all times during the life
of this franchise be subject to all lawful exercise of the police power
by the City and to such reasonable regulation thereunder as the City
may by ordinance hereafter provide. 1t is expressly understood and agreed
by and between the said Company and the City that said Company shall save
the City harmless from all loss sustained by the City, on account of any
suit, judgment, execution, claim, or demand whatsoever resulting from
negligence on the part of said Company in the construction and maintenance
of its gas main and. distribution system in the City. The City shall
notify the said Company's representative within five (5) days after the
presentation of any claim or demand either by suit or otherwise made
against the City on account of any negligence as aforesaid on the part
of said Company. The indemnity agreement hereinabove set forth shall
obviate the Company's compliance with other city ordinances requiring the
filing of an indemnity bond. for street excavations, or for laying, main-
tenance, repair or operation by the Company of its said gas distribution
system hereunder.
Section L . As a further consideration for this franchise, the
Company agrees to pay into the Treasury al? the City a sum equal to two
per cent (2%) of the gross receipts derived by said Company from the sale
of gas for use within the corporate limits of Salt Lake City.
The term "gross receipts" as used herein shall be construed to
mean any receipts of the Company from the sale of gas for use within Salt
Lake City, after adjustment for the net write-off of uncollectible accounts
and adjustments or corrections of bills theretofore rendered.
Within twenty-five (25) days after the first day cf January, April,
July and October of each year, commencing with the year 195)e, the Company
will file with the Treasurer of said City a report showing the gross
receipts as above described for the preceding three calendar months, which
report shall, in addition to the amount of gross receipts, show a compute-
-3-
tion of the tax due. Coincidentally with the filing of such. report, the
Company shall pay to the City Treasurer the amount of the tax thus com-
puted. The City Treasurer shall determine the accuracy of the tax compu-
tation and if he finds any errors, he shall report the same to the Company
for correction. If the tax as paid is found to be deficient, the Comean'y
shall promptly remit the difference, and if the tax as paid be found
excessive, the City shall promptly refund the difference. The records of
the Company pertal.ni.np to such report shall be open for inspection by the
Board of Commissioners or its duly authorized representative at all reason-
able hours upon the giving of reasonable notice of its intention to inspect
such records for the purpose of verifying such report.
Section 5. In consideration of the Company's making the payments
hereinabove provided for in Section IF, it expressly understood and
agro@d by the City and the Company that the payments so provided in said
Section 4 hereof shall be in lieu of any and all other franchise, occupa-
tion, privilege, license, excise, revenue or similar taxes, and all other
exactions (except ad valorem property taxes and special assessments for
local improvements) upon the revenue, property, gas mains, gas supply
and distribution pipes, equipment, fixtures, or other appurtenances of
said Company, and all other property or equipment of said Company, or any
part thereof, including but not limited to any tax levies, license fees,
charges, assessments, fees or payments imeosed and which heretofore have
encrued or hereafter would accrue under and by that certain ordinance
passed by the hoard of Commissioners of Salt Lake City, Utah, on august
29, 1928, entitled, 'at (MdI iAhidS GltikhlIl'G to John EcFayden and L. B.
Jenninp, their successors and assigns, a franchise for the construction,
operation and maintenance of gas mains and supply pipes in the City of
Salt Lake and. prescribing the terms and conditions thereof," together with.
any amendments thereof, and said payments provided. for in Section 4 hereof
also shall be in lieu of any tax levies, license, fees, charges, assess-
ments, fees or payments imposed and accruing from and. after October 1,
1953, under and by that certain orcd_nauce passed by the Board of
-4—
Commissioners of Salt Lake City, Utah, on January 10, 1952, entitled
"Al) ORDINANCE f1ITsai IhG CHEOLL: XXXV of the revised ordinances of Salt Lake
City, Utah, 1944, by adding in and to said chapter a new section to be
known as Section 3730, relating to the licensing of persons or corpora-
tions who engage in the selling; of natural or artificial Has in Salt Lake
City, Utah," together with any amendments thereof.
Section 6. Upon the effective Gate of this ordinance, that certain
ordinance passed by the Board of Commissioners of Salt Lake City, Utah,
on Auast 29, 1928, entitled, "AN Oz1D1 HCE G3'..itiof to John i"c"2 yden
and L. 13. Denning, their successors apd assigns, a franchise for the con-
struction, operation and maintenance ai:' yes mains and supply pipes in
the City of Salt Lake and prescribing the terms and conditions thereof,"
and also that certain ordindnce -passed by the Board of Commissioners of
Salt Jake City, Utah, on Jayr_cy 101. 19,52, entitled, "aai9 OlUlna .0E INC CHAPTL .?i.L)V of the revised ordinances of Salt Lake City, Utah, 1944,
by add:i.n in aid to said chapter a nem sccti.on to be known as Section
3730, relating to the licensing of persons or corporations who earn ye
in the selling of n.r.--.taral or artificial gas in Salt mice City, Utah,"
together with all amendments of said ordim<ences or either of then!, shall
be repealed and all benefits to or obligations of the Company thereunder
shall cease and terminate.
Section 7. This ordinance shall be deposited in the office of
the City Recorder of Salt lake City, Utah, 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 pu'oli cation, or the thirtieth
day after its final passage, whichever of said days is Lhe most remote
from the final_ passage of this ordinance. The Company, within thirty
(30) days after cia effective date of this ordinance, shall file its
acceptance thereof in writin„ wit`; the City Cecordr of alt Lake City,
otherwise the same shall be null and void.
Passed and adopted 1r, the holed of Commi;•?.f.d rs i
o- alt Lake
S .
City, Utah, this 27th day of October, 1953. l /%��AC
47)",
)7-
BILL /%�✓l�% �__ of Y
B--ILL NO. (�yr r)EC(l)I)1�I I
65 " Published October 30_ 1453
FORM No.ADM 35A
Proof of Publication
nitrD'tafro of Americo
COUNTY OF SALT LAKE j ss.
STATE OF UTAH •
`/
AN ORDINA NCI
AN ORDINANCE GRANTING TO.
MOUNTAIN FUEL SUPPLY COMPANY.
ITS SUCCESSORS AND ASSIGNS, A 1ft i•�e OCkev
FRANCHISE FOR THECONSTRUE-
TION, OPERATION, LAYING. MAIN-
, TENANCE AND REPAIR OF A SYS-
TEM of GAS MAINS AND SUPPLY being first duly sworn, deposes and says, that he is the Principal Clerk of
AND.DIST$18 U TI O N PIPES,TO-
GETHERWYTH ALL NECESSARY OR
PROPER EQUIPMENT,FIXTURES AND
APPURTENANCES, AND REPEALING the DESERET NEWS SALT LAKE TELEGRAM, a newspaper published in
A CERTAIN FRANCHISE ORDINANCE
HERETOFORE GRANTED TO T H E
• PREDECESSORS 01'SAID COMPANY, Salt Lake City,Salt Lake County,State of Utah.
AND ALSO EEP,EALING A CERTAIN
ORDINANCE-RELATING TO THE LI-
CENSING OP PERSONS OR CORPORA
'
TIONS WHO ENGAGE IN THE SELL-
ING OF NATURAL OR ARTIFICIAL That the Notice..
GAS IN SALT LAKE CITY,UTAH.
Be it ortlained by the'➢oerd of Gom-
Irriasionera of Salt Lake City,Utah:
Section 1. 'There is hereby granted 11n Or11ncnce, ''1i1. ?sloe 65
to Mountain Fuel Stands'Company, e
(hereration,its sand ae'gns
in sometimes fled e 'Com-
pany"),for period of Fifty(SO)years ;;a'Lt, Lake Grip Corporation
iron) d after the effective date f
this ordinance,the right,privilege and
franchise to construct, operate, lay,
maintain and repair in, across
and under the streets, alleys, publlc-
after tµtl ut bile dedi flfedd,,and'lt¢ex.
tensions-thereof and additions thereto,
Salt Lake City,Utah(herein some.
times called the "City"),a system of
sad mains, supply pipes and laterals, of which a copy is hereto attached, was first published in said newspaper in its
distribution and service pipes,together
or troller euulp.
annecessary ent,fixtures nrtd�"appurtenances,for
the purpose of sdbSlying said City'and 3Oth
the inhabitations ureha Land persons issue dated the
an a ad s
limits ains a other ty,sap for lfor.heat,
the
Section 2. All used.
see for which
o eai Cl
anddayof Oci,o`,fsr 1 53
the may be geed. r �__._ ____.
Yee manna end under
this operated and Maintained lned aced
or tra Maintained
shall be o laid,placed
impair or inte es nor;o a usefulm➢r and was published in each daily issue of said newspaper,on
or interfere with the,and pub-
or use Of such streets,alleys,mains, pues
nr' lie places o wt Ciy wih pipes
0conduitst5r f theypublic
or with ility f0[
ondgts f any public serviceutility
or
ordon of
f.h 'ai Inc aims
sCompan of the'gains or.pipes
or construction Company. One time
Sction 3. The said Company strap thereafter,the full period of
t all times luring the life f this
crancyts be athirst t0 all lawfhl exer-
cise o e he p0lice pOWer he o then City
andero s ch reasonabxlpe rCgpretion there-
hereafter provide�Ii',iB eyxh by fr under= the last publication thereof
saidd Coimnany agreed by':
tttS City[that gold.
Company hall anda the City harmless 3Oth
arum an loss sgeityped by therCity, beingin the issue dated the ...day of
cut on,°claim,gory demand what never y
ofsalting from.negligence o the part O to er 53
said company the ebnstruction
and liitenan of Its gas mainde l ,A.D.19
istributmn system in the City' and
-
city shall notify the said Company's
the pantativ within five(5)days after
resentation of any claim or de-
nand either by suit or otherwise made �(/ ` ✓�7�i L
against the City on account of any
-
e itgenie as afornaaiti on the part of
said Ceeroloy. The indemnity gree-
ment horeinabove set forth shall ob..
v"re the Company's compliance with
other o[`Ian ordinances
nd mnity bond°forstreet:o before me this t.th da�of
excavations,or Ior laying,maintenance,
repair or operation by the Company of
its said gas distribution system here-
under.
Section 9. As a further c neidera- ,A.D. 19 53..
[ion for this franchise, the company
agrees to pay into the Treasury of the
City equal to two per cent fa%) ,
f the gross receipts derived by said
Company from the sale of gas for use I' ,
within the corporate limits of Salt
Lake City. - '✓
herein term be“gross receipts"in as:gees `- Notary Public.
ipts of the Company from the any
set r a(boseuse nivto within Salt ltrLake write-off
P)OV r 25 s 1.953
of r collectable ,Fits net
aillust-
'er,ts o corrections of bills thereto-
fore rende
Advertising fee S
Within twenty-five(25)days after the
first day of January, April,July and
Octoher of each year,Commencing With
the year 1954, the Copay will file
with the m n Treasurer of said City a report
showing the gross receipts a above
described for the preceding three cal-
endar:months, which report shalt, in
addition to the amount of gross re.
lots,show a computation of the tax
due. Coincidentally with the filing of
such report, the Company shall pay
to the City Treasurer the amount of
tile tax thus computed. The City Treas-
urer determine the a of
the tax computation and if he findsany
he shall report the s e to
errors,Company for< ection. aIf the
tan as paid is found rto be deficient,
the Company shalt promptly remit the
difference,and if the tax as paid be
found excessive,the City shall promptly
refund hendifference. The records of
the Company pertaining to such re-
port shall be open for inspection by
the Board of Commissioners or its drily
authorized representative at all reason,
able hours upon the giving of reason-
able notice of its intention to inspect
such records for the purpose of verify.
ing such report.
Section 5. In a nsideration of the
Company's making the payments here-.
nabove provided f in Section-4,it is
expressly understood and agreed by
the City and the Company that the
paYments so Provided in said Section 4
hereof shag be in lieu of any
and
all other franchise, occupation, privi-
lege,license,excise,r simi-
lar taxes,and all othery revenue
s(ex-
cept ad valorem property taxes and
special assessments for local improve.
meats)boon the revenue,property,gas
gas supply and distribution
nipes equipment, fixtures, or other
appurtenances of said Company.and all
other property orequipment of said I
Company,oram,part thereof,inciud
ing but not limited to any tax levies,
license fees,charges,assessments,fees
or R payments unposed and hch hereto-
fore accrued or hereafter would
accrue
name passed
b under by that certain ordi.
sed by the Board of Commis-
sioners
f Salt Lake City, Utah, on
August 29, 1029, entitled, "AN ORDI-
NANCE GRANTING to John McFeyden
and L B.Denning,their succeasors
and
assigns, aa franchise for.theconstruc-
tion. ration and maintenance of
gas m'ains
and supply pipes in the City
of Salt Lake and prescribing the terms
and conditions thereof,"together with
any
amendments thereof,and said Pay-
ments provided for in Section 4 hereof
also shall he in lieu of any tax levies.
'license,fees charges,assessments,fees
or ants imposed an accruing from
and wafter October 1,1953,under and
by that certain ordinance assed by
the Board of Commissioners of Salt
Lake City.Utah,on January 10,1952,
entitled"AN ORDINANCE AMENDING
CHAPTER XXXV of the revised ordi-
nances of Salt Lake City,Utah,1944,
by adding in and to said chapter a new
section to be known as Section 3730,
elating to the licensing of persons o
who engage in the selling
oF n corporations aturalo artificial gas in Salt Lake
City,Utah,'o together with any amend-I
mants thereof.
Section 6. Upon the effective date
of this ordinance, that certain ordi-
nance passed by the Board of Commis-
gustof Salt Lake City,Utah,on Au.
r 29, In26. entitled, "AN ORDI-
NANCE GRANTING to John McPayden
and L. B. Denning, their successors
and assigns, a franehiee for the con.
ne operation and maintenance
f gag mains
and supply pipes in the
City of Salt Lake and prescribing the
terms and conditions thereof," and
also that certain ordinance passed by
the Board of Commissioners of Salt
Lake City,Utah,on January 10,1952,,
entitled,"AN ORDINANCE AMENDING
CHAPTER XXXV of the revised ordi.
minces of Salt Lake City,Utah, 1944,
lay adding in and to said chapter a
ection to be known as Section 3730�re-
lating to the licensing of persons
ofration who engage in the selling
natural o artificial gas In Salt Lake
City, Utah,"together with all amend-
tments of said ordinances o either of
hem,shall be repealed and all benefits
to or obligations of the Company there-
under shall cease and terminate.
Section 7. This ordinance shall be
deposited in the office of the City lie-
co'del of Salt Lake City,Utah,and puh•
llshed at least once in
published within said City and shall
so into effect at the¢ ration of the
twentieth day after publication,or the
thirtieth whichever
a 4 fir Its days f,isal the smost
remote from saidthe final passage of this
odinance. The Company,within thirty
(30) days after the effective date of
this ordinance,shalt file its acceptance
thereof inwriting with the Cite Re-
rdcr of Salt Lake City, otherwise
thr s a shall be null and void.
Pas
Commissioners d and of Salt Lakeopted by n C Boarde City,Utah,
this 27tdh day of October,1553.
Earl J.Glade
Mayor
(SEAL.) Irma F.Bitner
City Recorder
IbtieB 4 IS October 3a 1969.
63