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76 of 1905 - Ordinance 76 of 1905 – Ratifying and confirming transfer of franchises to Utah Light and Railroad ti AN ORD I NANCE . An ordinance ratifying and confirming the transfer of franchises to Utah Light and Railway Company, a corporation, extending the life of said sY franohises and amending the same, including the franchise of the Utah Power Company. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That all the franchises of Utah Light & Railway Company, a corporation organized and existing under the laws of Utah, said fran- chises being: I. A franchise to the Salt Lake and Ogden Gas and Electric Light Company, under date of May 20, 1S93. TI. A franchise granted by Salt Lake City to Robert M. Jones, July 30, 1893. • III. A franchise granted by Salt Lake City to S. P. Walker, Decem- ber 22, 1893. TV. A franchise granted by Salt Lake City to Pioneer Electric Power Company, May 27, 1897. V. A franchise granted by Salt Lake City to Salt Lake City Railroad Company, January 26, 1889. VI. A franchise granted by Salt Lake City to Salt Lake City Rail- road Company, February 11, 1890. VII. A franchise granted by Salt Lake City to Salt Lake City Rail- road Company, May 20, 1890. VIII. A franchise granted by Salt Lake City to Salt Lake City Rail- f' road Company, May 5, 1891. • IX. A franchise granted by Salt Lake City to Salt Lake City Rail- road Company, September 8, 1891. X. A franchise granted by Salt Lake City to Salt Lake City Rail- road Company, November 24, 1891. XI. A franchise granted by Salt Lake City to L. C. Hamilton, Janu- ary 20, 1891. XIIA franchise granted by Salt Lake City to Salt Lake City Railroad -2- Company, May 5, 1893. XIII. A franchise granted by Salt Lake City to Salt Lake City Rail- road Company, .April 18, 1894. XIV. A franchise granted by Salt Lake City to Salt Lake City Rail- road Company, May 26, 1899. XV. A franchise granted. by Salt Lake City to Salt Lake City Rail- road Company, October 8, 1900. XVI. A franchise granted by Salt Lake City to Salt Lake City Rail- road Company, March 21, 1901. XVII. A franchise granted by Salt Lake City to Salt Lake Rapid Transit Company, February 11, 1890. XVIII. A franchise granted by Salt Lake City to Salt Lake Rapid 'Transit Company, April 22, 1890. XIX. A franchise granted by Salt Lake City to Salt Lake Rapid Transit Company, May 6, 1890. XX. A franchise granted by Salt Lake City to Salt Lake Rapid Transit Company, April 18, 1894, which latter franchise also confirms a transfer to said Salt Lake Rapid Transit Company of a franchise granted to Popper- tNIAPlaoe and Fort Douglas Rapid Transit Company, and a franchise to C. E. Wantland and others, theretofore transferred to said Salt Lake Rapid Transit Company. XXI. A franchise granted by Salt Lake City to Consolidated Railway and Power Company, November 27, 1903. XXII. Also each and every franchise now owned by and operated under by said Utah Light and Railway Company, whether the same is herein men- tioned or not, together with all amendments of and supplements and alter- ations to said franchises, and each and every one of the same, are hereby declared and ordained to be vested in said Utah Light and Railway Com- pany, and the several assignments, transfers and conveyances by which said oompany acquired said franchises and each of them upon filing said transfer with the City Reccrder, are hereby approved and confirmed. SRCTION 2. The life, validity and terms of each and every one of -3- said franchises is hereby extended and ordained to be fifty (50) years from July 1, 1905, that is to say, until July 1, 1955, also that, the ' franchise granted by Salt Lake City to Utah Power Company datedl2Deeember 26, 1896, (the capital stock of said company being now owned by the Utah Light and Railway Company) is hereby extended the same length of time, viz: until July 1, 1955. SECTION 3. That the time fixed by Sections 2 and 3 of an ordina amending and re+enacting certain resolutions granting franchises to the predecessors of the Utah Light and Power Company (passed Deoember 3., 1903), for the placing of transmission wires underground within the dis- trict therein mentioned and the time fixed therein for each and every other act therein required, is hereby extended one year from the time therein fixed. SECTION 4. And for and in consideration of the premises said Utah Light and Railway Company agrees,, and it is hereby ordained: That said Utah Light and Railway Company, during the life of said franchises, will furnish the users in said City electric light at prices not exceeding the following rates, unless changed as hereafter proposed, to-wit: (a) ARC LIGHTING. Arc lights which will give an illumination not less than the present standard 455 watt enclosed carbon arc lamp. Rates. For above service, for all night service, not to exceed $11.25 per lamp per month; for midnight service, not to exceed $7.50 per lamp per month; and for 10 o'clock service, not to exceed $6.00 per lamp per month;. for service by meter, a, rate of twelve (12) cents p per kilowatt hour for the electric energy used and a charge of $1.50 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 Dandle power for incandescent lamps, a meter rate PAeleva„ (11) tgentwer kilowatt hour for the electric energy us ,.s,4_.yy,,minimum�m eharge,4 one (.*1.00) dollar a month for each consumer of electric energy -4- for incandescent lighting;. Customers paying monthly and on or before the VOWday of the month suoceedin g the month in which such electricity was used, shall have a discount of ten per cent on the above prices, but no bill shall be less than the minimum of one ($1.00) dollar per month. Said Utah Light and Railway Company hereby agrees to supplyjSalt Lake City during the life of said franchisee herein ext7 eel,,frllQf charge to said City, the equal in illuminating power of 32-candle power incandescent lamps of the present standard for the purpose of lighting the City's portion of the public square at the City and County Building, also to supply free to said City all the reasonably necessary light for municipal purposes for lighting the City Council Chamber, City offices, Fire Stations, Public Library, City Jails, including hall-ways in said buildings; Othi$ir hgvPe 'M We t r'! iiot House, Isolation Hoppital and a}snoaWione3otQi'above, in accordance with an ordinance passed and approved December 31, 1903, on and after May 19, 1918, six (6) addi- tional arc lights shall be furnished free of charge to Salt Lake City during the life of this franchise, and after July 24, 1918, six (6) addi- tional aro lights shall be furnished free of charge to said City during the life of this franchise, and that after December 18, 1918, six (6) ad- ditional arc lights shall be furnished free of charge to the said City during the life of this franchise; and that after May 17, 1922, seven (7) additional arc lights shall be furnished free of charge to the City during the life of this franchise. Said company further hereby agrees that w 11 issue commutation r tiopetd of far s f r two ( 2. 0)�dla h eh ticks s pha11 and Shall also issue to students of public sohools commutation tiokeie of fifty (50) fares, for one dollar and fifty cents, with transfer privileges as aforesaid, good only to and from school attended by such st*dents and Food only on days when school is in regular session, between the hours of 7:30 o'clock A.M. and 5:30 ::'..L. City policemen and firemen in uniform shall be entitled to free passage on regular cur",,. SECTION 5. It is further ordained, and said Utah Light and Railway Company hereby agrees that during the life of said franchises it will furnish free to said corporation the equal of thirty horse power of $ r electrical energy to be used for power purposes by said. cloy in/the manner it may deem necessary and proper, but this power shall not be used for -5- lighting or heating, nor shall the light and power menti ne in this and d the previous section be construed to be in addition to th ,power fur- nished under any of said franchises. Said Utah Light and Railway Company further agrees that during the life of said franchise it will furnish to said City for municipal street lighting purposes through contracts of not less than three year periods arc lights which will give an average illumination of not less than the present standard of 455 watt enclosed carbon arc lamps, all night service at a price not to exceed $6.00 per lamp per month, as provided now under contract with the City, and under the terms and conditions of said con- tract, provided, the City shall give the Utah Light and Railway Company at least six months' notice before the expiration of any three year cone traot of its intention to discontinue taking street lighting under this paragraph, in case said City desires such discontinuance. said Utah Light and Railway Company further agrees that it will fur- nish the said City during the life of said franchise, such other and further electrical energy for power purposes as said City may desire for pumping and other municipal uses, up to 100 horse power, at a price not to exceed one cent per kilowatt hour for twenty-one hours a day service, namely, commencing at the hour of 8:00 P. M. and until the hour of 5:00 P. M. the next day, and for twenty-four hours a service at one and one- fourth (1-1/4) cents per kilowatt hour; provided, that none of the power purchased or obtained by the City from the Utah Light and Railway Com- pany under this paragraph shall be used for lighting or heating purposes. SECTION 6. In consideration of these premises, said Utah Light and Railway Company further agrees that prior to the time this ordinance shall take effect, and as a condition precedent to the validity of this ordinance, said company will by warranty deed, free and clear from all liens and encumbrances, grant and convey to said Salt Lake City, all the following described property, to-wit: All the following described tract of land situated immediately north of the Granite Paper Mill, to-wit: F • -6- Beginning at corner No. Y, which bears N/ 40 deg. 07 min. W. 1538.6 feet from the Southeast corner of Section 23, T. 2 S., R. 1 E.j S. L. B. & M. ; thence S. 57 deg. 24 min. W., 275 feet to corner No. 2, a point in bed of Big Cottonwood Creek;- thence N. 32 deg. 36.min. W. , 792 feet to i` Corner No. 3; thence N. 57 deg. 24 min. E., 275 feet to Corner No. 4; thence S. 32 deg. 36 min E., 792 feet to place oi' beginning; containing five acres more or lees. Also a right of way and easement for all reservoirs, dams, ditches, conduits, pole lines and the appliances and utilities connected there- with, to be constructed by the City, wherever these may be located now or hereafter within lands owned by the Utah Light and Railway Company, par- ticularly within Sections 23, 26 and 25, Township 2 South, Range 1 East, S. L. B. & M. Also all the water rights and power rights in Big Cottonwood Creek west of the Utah Power Company's tail race, owned by the Utah Light and Railway Company, including herein and particularly meaning hereby the Deseret Paper Mill water power in said creek, the Granite Paper Mill water power in said creek, and the Butler Mill water power, the latter being located right at the mouth of Big Cottonwood Canyon, and the two about former about a mile and two miles respectively below the mouth of said canyon; it being the intent of this agreement that the Utah Light and Railway Company relinquishes and releases all its right in and to the waters of Big Cottonwood Creek for power purposes, or otherwise, below the power house of the Utah Power Company near the mouth of Big Cotton- wood Canyon; provided, however, that the dam for diverting the water from the creek into the City's proposed conduit shall not be located east of the City'e present weir, and the bottom of the proposed conduit shall not be higher than twentye4.ivn+--1.-25-)- 1-fPt elow the floor of the Utah Power Company's power house. —�^ { that the mad Ntah bight and Railway cow build a reservoir, for regulating purposes, Of not lees than one million cubic feet capacity between the tail race of the power house and the 4wyeisr-441/6 ; SECTION 7. In consideration of the premises, Salt Lake City agrees . and ordains that during the life of said franchise as herein fixed, it wil1 use the power of said Cottonwood Creek or the waters thereof for -7- if power purposes only, and in connection with mn1¢a* municipal utilitle�,� and properties only; nor will said City by ordinance or eesolutiov make any rules or regulations in regard to the price of lighting different from prices therefor herein named, nor shall said Utah Light and Rail VT Company be obliged to furnish light for any one for less prices than herein named; provided, however, that if there shall hereafter be any new inventions or improvements that will materially reduce the cost of producing or distributing either gas or electric energy for lighting or heating purposes, or provided further, if there shall hereafter be any conditions which shall materially enhance the cost of producing or dis- tributing either gas or electrioal energy for lighting or heating pur- poses, then and in either event there shall be a reasonable readjustment by the City Council and Mayor on the one part, and the Utah Light and Railway Company or its assigns on the other part, of the rates herein fixed. In the event of disagreement between them, either in respect to. the fact whether the said conditions authorizing a readjustment of said rates have arisen as above provided, or as to the amount of reduction thereof, or both, then the same shall be determined and ascertained by two com- petent and disinterested appraisers, the City and said company eaoh se- lecting one, and the two so chosen shall select a competent and disinter- ested umpire; and the appraisers shall then determine whether the said conditions exist, and what reduction or advance of said rates should be made, and upon failing to agree they shall submit their differences to the umpire, and the decision in writing of any two shall determine the said question. Each party shall bear equally the expense of the apprai- sal. In the event said grantee, its successors and assigns, shall upon demand of the City Council refuse or neglect to proceed to arbitration for a readjustment of rates as herein provided, or fail to carry into ef- fect the rates when readjusted as herein provided, then the City Council reserves the right to alter, amend and change this and said extended franchises, or any or all of them, in respect to rates or charges for Section The right of way is hereby given to the said Utau Light and Railway Company to build and operate a single or double track street railroad over the following streets, namely: First, on Second West from the present terminus at Righth South Street, one block south to Linth South Street; Second, On Second South from the present terminus of said road at Jordan River, thence west on said Second South Street to the western limit of Salt Lake City. Third: On Sixth Street. from L Street.; thence Tast to the western boundary of the City Cemetery. -8- the services referred to in this section. Salt Lake City hereby further agrees that the provisions in:esid i street railroad franchises authorizing other railroad companies to r their oars over the tracks of said Utah Light and Railway 0ompaii SNRW; ' " apply orr an o such only that are not tto 14 ,Cfr - with said grantee herein. Inter-urban as heroin used shall be donetr4 d. :: to iseisede towns, resorts and other places situated more than ten"* ee outside of the limits of Salt Lake City. ...» ;, IXSECTION Ir. At or before the first publication of this ardinkncef, ":12 within sixty (60) days after the date of the approval thereof, #stet-,.,,,, company shall file with the City Council Jinx its written end dull Ao-" " knowledged acceptance of the provisions of this ordinance, and Ah#1 Ili. :' file with said Council all deeds, conveyances and releases Asraia° - - - ti quired, together with a complete abstract of title to land A0d water rights to be conveyed, and upon approval .nr -the-acme fir! C ,, +kt _amdin aice- shall be published fact upon the date of tis first publication. (Ig, G.....U0 I' Pursed by the City Council of Salt Lake City,Utah, Std, - 1906, and referred to the Mayor for his app , y eoo er Approved this 1 day of August,1906, Mayor, ,��.,_ _. ,. .AIA � Y.a �"�,yr,g; q. .. 'w, t ' I,, V MY.. _ ♦ --. ..m,...w,w»ww««...... wi..w....e•+n..« � ..w�.aMeMna+,ww+rn+��«r.�. w • : e ,.., , If Ig. 7 .43 7, f Presented to the City Council, A94- ,-,,_ /4 1905_ g ' i First publicatI°' l 1 , y t J. S. CRITCHLOW. #' Qlty Recorder. i A j 1