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70 of 1908 - Ordinance 70 of 1908 – Franchise, Ratifying & confirming & re-enacting certain rights granted by C AN ORDINANCE . An ordinance ratifying, confirming and re-enacting certain rights and privileges granted by the City Council of Salt Lake City September 9, 1879, to William Jennings and seven others, and amending the same, and ratifying and confirming the transfer of said certain rights and privileges to the Rocky Mountain Bell Telephone Company, a corporation of Salt Lake City, Utah. WHEREAS, William Jennings and seven others, by petition addressed to the City Council of Salt Lake City, Utah, August 26, 1879, repre- sented that they were desirous of forming an incorporate company to be known as the Salt Lake Telephone Company, for the purpose of con- necting the principal places of business, offices, residences, etc. , by a district telephone system, and asked permission for themselves and assigns to erect the neoessary poles, and run wires in and through the streets of said city for the above purpose; and WHEREAS, Said petition was received and referred to the Com- mittee on Streets and Alleys; and WHEREAS, On the 9th day of September, _1879, the Committee on Streets and Alleys reported favorably, and recommended that the prayer of the petition be granted; and WHEREAS, Said William Jennings and seven others, on December 13, 1880, duly assigned to A. J. Pattison and Company the right to erect poles for use of a Telephone Exchange, which assignment was on the 22nd day of December, 1880, ratified in part by the said City Council; and WHEREAS, Thereafter said rights and privileges were assigned and transferred to the Rocky Mountain Bell Telephone Company, a cor- poration duly created under the laws of the Territory of Utah to ex- ist fifty years from the date of said incorporation; and WHEREAS, Said corporation installed in Salt Lake City, and con- tinuously maintained and operated a Telephone Exchange and telephone system from the date of its incorporation, and treated with an e�in- -2- I traoted with the City Council of said City relative to its business; and WHEREAS, The said City used the poles so erected as aforesaid by said Telephone Company, and said Company's conduits upon and in which to string and place wires for said City's fire alarm and police system, for a long period of years, and thus recognized the right of said Telephone Company to maintain and operate a telephone system within said City; and WHEREAS, There exists a legal question as to the extent of time the rights so acquired shall continue, and a question as to the rights, duties and obligations of the said Rocky Mountain Bell Telephone Company and said Salt Lake City due to each other; and WHEREAS, The said Rocky Mountain Bell Telephone Company disputes • the right of said City to collect' a license tax on its business as provided by ordinance of said City; NOW, THEREFORE, For the purpose of settling and determining the questions which have heretofore arisen between said City and said Company as aforesaid, and of fixing the liability and duty of said Company in the premises, and confirming the rights and privileges acquired by said Company under the acts of the City Council of Sep- tember 9, 1879, and December 21, 1880, and rights and privileges otherwise aoquired, and in further consideration of the said Rocky Mountain Bell Telephone Company annually, during the remain of • lite corporate existence, paying to Salt Lake City, commencing January 1, 1908, one per cent of its gross earnings from Salt Lake City ren- tals, such sum to be paid to the City Treasurer on or before the fourth Monday in each January following, also to furnish to Salt Lake City during the same period forty free telephones per annum. In con- sideration of the premises: Be it ordained by the City Couioil of Salt Lake City, Uta : SECTION 1. That the rights and privileges heretofore gr i i h `' ii.s ,; x y�, 4 __J , , ! , _, .., , .._ „ .,.., ,.., _ ,_. . , ,,,,,,„,,_ c i n ; to`difili aun'Jenn � ,*piten others, now owned by the Rooky Mountain cipell Telephone is ny)/ gorporation of Salt Lake City, and the T.,. w assignmpn' and tr4s of said rights and privileges to said Com- .any, be, and the Gamy are hereby ratified and confirmed in said r P: ooky Mountain Bel Telephone Company during the remainder of its corporate existence, that is to say, until February 26, 1933, and I , shall t'eri*naW ipon said date. SEpTI'O'N S ""What the' a d rights,'and priv1eges, as set forth P inaSec oynt of,this ord ingnce, sa Oonfirme.%00.nd ratified, be, and thesame ae,hereby asgnked -so as , 4 to read'L;f*llows: f,. tgh TLephone CO'm4any for;.aiid in Oonsi4 ration of the 4 o'd,:pfi e the ri'ph '$ alid pri leges ,jnnd the ratification 'of-1 the sanfe"as aforesai ,: during;'tl.e remaindei'of its corporate h ',` ex gtOnce"; ees to pa�yannually to Salt4ake City, -commencing J uary i, �908, one per cent of its gros,0`4 arnings from Salt I� g-/`Lake Cit* 4ntals, such sum to be paid to the City Treasurer of said City on or before the fourth Monday in each January folio*- ing, and also to furnish to said City during the same period, i forty free telephones per annum. The above considerations shad be in lieu of a1lA license fees or taxes upon the business of said Telephone Company. 11 SECTION 3. For the purpose of determining the amount of gross earnings and the sum to be paid, the books of said corporation shall be subject to inspection of the City Auditor at all reasonable times. SECTION 4. The Rocky .fountain Bell Telephone Company must ac- cept this ordinance on or before five days after its approv<e.l by the Mayor. SECTION 5. This ordinance shall take effect upon approval. 4 "'" 17-- .7-41e6t---(-1 , . , T*-1, . 3 , t 14''' k1/44:, . cc. ‘\ ; —.N ....;1 2', 0.. 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