78 of 1951 - Mountain State Telephone and Telegraph Company a franchise to the right to construct, erect, operate ROLL.CALL. -
J 21 1951
Salt Lake City,Utah,' ,195
VOTING I Aye Nay
Burbidge
A_ Akx I move that the ordinance be passed.
Christensen . .
Lingenfelter \Ad..\/
a C �
Romney . . .
Mr. Chairman AN ORDINANCE
Result
AN ORDINANCE granting to THE MOUNTAIN STATES TELEPHONE
AND TELEGRAPH COMPANY, its successors and assigns, the right and
privilege to construct, erect, operate,and maintain over and under
the streets, alleys, and public ways, wires, cables, and under-
ground conduits, and conduct a general telephone business.
Be it ordained by the Board of Commissioners of Salt
Lake City, Utah:
SECTION 1. 'There is hereby granted to The Mountain
States Telephone and Telegraph Company, a corporation, its suc-
cessors and assigns, for a period of fifty years from and after
the effective date of this ordinance, the right and privilege to
construct, erect, operate and maintain, in, upon, along, across,
above, under and over the streets, alleys, public ways, and public
places now or hereafter laid out or dedicated,and all extensions
thereof and additions thereto in Salt Lake City, poles, wires,
cables, underground conduits, manholes, and other telephone fix-
tures necessary or proper for the maintenance and operation in
said City of a telephone exchange and lines connected therewith;
provided, however, that no poles or other fixtures shall be placed
where the same will interfere with any gas lamp, electric light,
water hydrant, water main,or sewer main; and all such poles or
other fixtures placed on any street shall be placed at the outer
edge of the sidewalk and inside the curb line, and those placed
in alleys shall be placed close to the line of the lot abutting
on said alleys and then in such a manner as not to interfere with
the usual travel on said streets, alleys, and public ways; and
78
provided, further, that underground conduits, cables, and other
facilities of the Company shall be located and constructed in such
manner as not to interfere with the facilities of the City or
those of other public utilities, and the Company, before construct-
ing any such facilities, shall furnish to the City Engineer com-
plete drawings of any such construction, and the City shall keep
and maintain permanent records of the location and character of
the Company's underground facilities and their relationship to
those of the City and other public utilities.
SECTION 2. 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. It 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 telephone system in the City. The City shall notify the
said Company's representative within five (5) days after the pre-
sentation 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.
SECTION 3. The City shall have the privilege during the
life of this franchise, where aerial construction exists, of main-
taining, free of charge,upon the poles of the Company within the
City limits, wires and pole fixtures necessary for police and fire
alarm systems. The City shall have the further privilege, within
said period, of maintaining, free of charge, police and fire
alarm wires and cables in only those underground conduits of the
Company presently used by the City. Such wires, fixtures and
Cables shall be constructed and maintained to the satisfaction of
-2-
the Company in the number prescribed by it and in accordance with
its specifications. The City, in its use and maintenance of such
wires, fixtures, and cables, shall at all times comply with the
rules and regulations of the Company so that there may be a mini-
mum danger of contact or conflict between the wires, fixtures, and
cables of the Company and the wires, fixtures, and cables used by
the City.
It is further agreed in order to avoid danger to life
and property, that the above privilege is granted only upon condi-
tion that no police or fire alarm wires or other fixtures shall
be placed upon poles carrying electric light or power wires with-
out the consent of the Company, nor shall any wires or cables be
exposed without the consent of the Company to the danger of con-
tact or conflict with any conductor carrying a voltage greater
than the normal telephone voltage. The City shall be solely re-
sponsible for all damage to persons or property arising out of the
construction or maintenance of said wires, fixtures,and cables,
and shall save the Company harmless from all claims and demands
whatsoever arising out of the attachment, maintenance, charge, or
removal of said wires, fixtures, and cables to or from the poles
or underground conduits of the Company. In case of rearrangement
of the Company plant or removal of poles, fixtures, or conduits,
the City shall care for or remove its own wires, fixtures, and
cables, and shall save the Company harmless from any damage to
persons or property arising out of the construction or removal or
failure to remove its wires, cables, or other fixtures.
SECTION 4. Any person or corporation desiring to move
a building or other improvement along, or to make any unusual use
of the streets, alleys, and public ways of the City which, in mov<-
ment or use would interfere with the poles, wires, or other fix-
-3-
tures of the Company or the City, shall first give notice to the
said Company or the City, as the case may be, and shall pay to the
Company or the City, as the case may be, a sum sufficient to cover
the expenses and damage incident to the cutting, altering, and
moving of the wires or other fixtures of the Company or the City,
and before a permit is given by the City therefor, the applicant
shall present a receipt from the Company showing such payment.
Thereupon, the Company, upon presentation of the said permit, shal ,
within forty-eight (48) hours thereafter, provide for and do such
cutting, altering, and moving the wires or other fixtures of said
Company as may be necessary to allow such moving or other unusual
use of the streets, alleys, and public ways of the City.
SECTION 5. It is expressly understood and agreed by
the City that the enactment of this franchise and its acceptance
by the Company was and is made upon the express condition and uncle--
standing that neither the said enactment nor the grant or accept-
ance of this franchise shall constitute a waiver upon the part of
said Company of any rights or claims had or made by said Company
with respect to the occupancy of the streets, alleys, and public
places of the City, under the law of the Territory of Utah and
under the constitutional and general statutes of the State of Utah
nor shall anything in this franchise in anywise prejudice or im-
pair any rights or claims existing independently of this franchise
of said Company or its predecessors or successors with respect to
the construction, operation, and maintenance, either before or
after the life of this franchise, of a telephone system in said
City.
SIUTION 6. As a further consideration for this grant,
the Company agrees to pay into the treasury of the City a sum equal
to two percent (2%) of the gross revenue per annum derived by said
Company from all local exchange service revenue received from sub-
-4-
scribers located within the City of Salt Lake and directly con-
nected with the switchboard or switchboards of said Company lo-
cated in said City.
Within sixty (60) days after the first days of January
and July, 1952, and within sixty (60) days after the first days of
January and July of each calendar year thereafter, the Company
shall file with the Treasurer of said City a report of its revenue
as above described for the preceding six months' period, which re-
port shall, in addition to the amount of revenue, show a computa-
tion of the tax due. The amount of the tax so determined shall be
paid within thirty (30) days after filing of subject report. The
Treasurer of said City shall determine the accuracy of the tax
computation, 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 Company shall promptly remit the difference, and
if the tax as paid be found excessive, the City shall promptly re-
fund the difference. The records of the Company pertaining to
such report shall be open for inspection by the Board of Commis-
sioners or its duly authorized representative at all reasonable
hours upon the giving of reasonable notice of its intention to in
spect such records for the purpose of verifying subject report.
SECTION 7. In consideration of the Company's making th=
payments hereinabove provided for in Section 6, it is expressly
understood and agreed by the City and the Company that the pay-
ments so provided in said Section 6 hereof shall be in lieu of
any and all other franchise, occupation, privilege, license, pole
wire, instrument, excise, revenue, or similar taxes, and all othe
exactions (except ad valorem property taxes and special assess-
ments for local improvements) upon the revenue, property, poles,
wires, instruments, conduits, pipes, fixtures, or other appurten-
-5-
ances of said Company, and all other property or equipment of said
Company, or any part thereof, including but not limited to any tax
levies, charges, assessments, or fees purporting to be imposed by
that certain ordinance adopted by the City Council of Salt Lake
City, Territory of Utah, on March 27, 1894, and approved by the
Mayor on April 2, 1894, and that certain ordinance amending and
re-enacting Sections 396 and 397 of the Revised Ordinances of Salt
Lake City of 1903, passed by the City Council September 29, 1908,
and approved by the Mayor October 1, 1908, and said payments shal
further be in lieu of furnishing free telephone service or free
space on overhead construction for police and fire alarm systems
or duct space for said police and fire systems other than is ex-
pressly provided for in this franchise.
SECTION 8. This ordinance shall be deposited in the
office of the City Recorder of Salt Lake City and shall be pub-
lished once in a daily newspaper published within said City with-
in seven (7) days after such filing, and shall be in full force
and effect upon the filing by said Company with the Board of Com-
missioners of an unconditional acceptance thereof in writing whit
shall be filed within thirty (30) days after the passage and ap-
proval of the ordinance. Within ten (10) days after the filing
of said acceptance, the City Recorder, by letter addressed to the
Secretary of said Company at Denver, Colorado, shall acknowledge
the receipt of said acceptance.
SECTION 9. That certain ordinance adopted by the City
Council of Salt Lake City, Territory of Utah, on March 27, 1894,
and approved by the Mayor on April 2, 1894, and that certain othe
ordinance amending and re-enacting Sections 396 and 397 of the Re
vised Ordinances of Salt Lake City of 1903, passed by the City
Council September 29, 1908, and approved by the Mayor October 1,
1908, and all other ordinances and parts of ordinances in conflic.
-6-
11
herewith are hereby expressly repealed.
Passed and adopted by the Board of Commissioners of
Salt Lake City, Utah, this 1Js'' day of e,
A.D. 1951.
t. • e r ry; \ .
/6XLI'
•
•
ity.Recorder 44
4n,
aii
ze
11
I ;
If �
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Affidavit of Publication
STATE OF UTAH,1
} ss
County of Sob j
Legal Notices
AN ORDINANCE
AN ORDINANCE goane,ng tc Toll D. OCi Y
MACCAIN STATES TELEPHONE Rc
TELEGRAPH COM1PeANght1tsnduPrly-
assigns, and
right oacr the and maintain�aintaint over no Being first duly sworn, deposes and says that he is ad-
streets, alleys,llers, and public ways,
wires,cables,nduct a°metal eel¢ vertising clerk of the DESERET NEWS a newspaper
wes, a conduct genera ,
phBBefeuslnes:;.e�t}
oners o by the Lake of
Commissioners dr.salt Lnk¢ City, published in Salt Lake City,Salt Lake County,in the State
Utah' 'pbere ix here'ur I
SECTION 1. o f Utah.
arant¢tl t0 The Mountnen Stages
corporation
n its MSuccessors` mand leas-
c rpm'atlon. peridd f fifty Years
tons,nfor after 5000 Ii¢c live dace of
from the,right and Paly-
tn1-ordinance,00Sco That the advertisement
ileac to construct,erect,operate tl
maintain, in,a non, long, a'Taas,
above,under and Oyer the.-erects, 1-
leys,Public ways, d aubl!erPlacae An Ordinance pill No, 7`'i
now or hereafter;;laid t Icdl-
g tea,and all exttn,tons thereof and
additions(thereto'in.Sal4 acraroutnd
on ndoitsw anholebp odu oteb,er te,c-
phone flxturot,IteeC6e��880@ prtfon
for the afn o telerryon. exchange
1n old City of -t it you binge
a d lines �$Ay�.t'ftej¢with:pro-
vided, howov0scaonat..n0 nolews o
the'me will ha!1 be,nwlared here
the same ri1 log'i'i ew t.e.n 17g,
left p.r�tsctrlc lindrb, nd
w ter l ' fn;a ed
uch miff"or tshall lbe p placed
iany at age f the be mooed at
ns outer cure-llneyandsithose l plaac%i
inside the curia a*
In it -ball be'onced eeoxe In
the Itne f the l0i asuch a on need
as not ako interferee such the 5�„ was published in said newspaper on llovemtler 21f, 1951
as on Bald -t:eeia, a,ieys'
Public wawa, dna.nroyfarn, mrtha'.
that g tr , 1t
hefte¢ �dounlsy e-C,ocme
ahaM1manner as not Eointerfere:sp lwith
thefaollitee
of the City o!'E he those of
other public utllltfe5,a any such
pan Y,..be1Are constructlog r,1ty
t Intl seh 11 t i p e th
Engineer'construction,complete t tl I C 4 Y
k.P t l P theC14t r Il
ZL
d f the m d h Of Advertising CCes
h C pa a d i Ih-
tles and heh relationship to Lhase
of the City and ether public tlllttes.
SECTION 2. The said Company 1
¢hall et all times during then life of
this franchise of be su plwlc-eopstl,d,try
ro o I
%e uch r able meoo
dv,shy nd tp ,t El to before me this 27th
them•ehgreunaer +tine"cur Y day of
bespresnly wxlete�ooealtl^Comport
by a a betwren the
and th¢ CItY hhe .vied coop or 1 ,
;ball save the Clty harmless from ell A D.1 9 r
losunt ota ny the CItY execn-aeincd salt,jnJnmewnt,an
Don, i im, or damand hatsoevcr
'Linn from n ing the
on thecpar.
gad l ten a of Its telephone sys00 -,-
tm hall
ern to the a Company The City n
L1ve the,a1<i 'e ePrasenta- -
tl wlthln five g/ days ne,, the
ahem o�armpnd
ere-entail°snit air paheowsxe no Notary P b
ith¢- ,,.� n t p�a Y
';AinaL,�hr sC!4Y or n the Part
n glee once a loresefa o
of Id Company.
SECTION 2. The City hat!hove
the ilDve""c'during,eale N.tsvctfon
0ranchlse, meta a frce'of ch ache,
exf sts,of polo 0fn!ng, with-1
pin the polo°of the Clto sod pule
1n the CItY ]fmlts, s'l llcea nnJ flee
alarm ni ms,Tha for shall Kaye
alarm systems, ithf0r t w aid
the urthar
0n elntnfn alarm
aet'tod' °line a d firee wires
h hd uits in only those Pndcr ground
conduits of the Color op ¢ffa}
oed by the C1ty. w�stru cted
turex lid been to halt be eo
a d m company to the nsatIll 0.rc-
o[the companod 1n o d:mee with
Abed by It In fen
he spool use and maintenance of.of CD,
ices.
Daturas,and cables', 11aat allOAunsa
omplQ he CO n rules o a.rthat there
Hany°b f the
inimum nangm of 10,-
tent or, on flfct hctwcen the wires,
tixtures,a d cables of the Com> 0Y
and eh¢ heti fixtures, and Coe.t
used by the City.
It is t Lather agreed In order to !purpose of verifying subject report.
avoid danger to life and property. • SECTION 7. In consideration of
that the above privilege Is granted i the Company's making the payments
Only i,pon c y n tint no police her'01nab Ove Provided for In Section
r fire alarm wIves or
other fix- 6, it Is expressly understood and
lures shall he placed upon poles agreed by the City and the Cons-
carrying electric light or power wires pang that the payments so provided
without the consent of the to be en- In said Section 6 hereof shall be In
nor.shall any wires cables be x- Ilea of any and 11 other franchise,
posed without the consent of the occupation, privilege, license, pole,
Company to the danger of contact i wire.Instrument excise,revenue,
or conflict with any comluctor c similar taxes, and all other exc-
rying a voltage greater than the nor- lions (except ad valorem property
coal telephone voltage.The City shall taxesand peal assessments for
be solely responsible for all damage local improvements) upon the Octe-
t° persons or properly arising out enue.Property,poles,wires, lnstru-
of the construction wiesfixtures,° and cables,e
mess, conduits,rna Dlpes, [sodre or
Of said t vas, f ihevComp and cables- other appurtenances o1 said ycc
Corn-
and front see the s sad demands harms equip a d all other poy, rS or
lehs foeve na si g d h equipment c of, said Company,o any
whatsoever maintenance,
out of charge.at- part
to
tomcat,includintax levies,but esot 11a-
rem a wres, c Is n char gas. as-
removal
of raid wires,poles
o and tin edts,or fees purportingoaa ordinance
to be
cables h o SrDIt the poles o imposed by that certain untie nee
Ierg round conduits of the Company. Lake
by the City Council of Salt
In case of rearrangement ( the Lake City,27, Territory approved Utah, y
o pes, plant ar s, vat t poles, March M .'!, n8Ap wntl94. by
at
fixtures, remove the Citown
Ins. the Mayor onIn nos l m]ding andn that
• for or C a an 0 w fees, certain ordinance amending and and i'
the vino,and rcahars,and malt s' flog Sections 00e and t97 of
e
the damage
to
harmless from any the of 19 Ordtaned of Salt Late
damage persons an s uction aril- Cuir d epte, passed by the City
Inov outof the construction i ° re- Council September ay lisp,and e1,
ns or failure!fixtures.
its wires, 1190ved by the Mayor October I,
cables, o other ny res, 11hee and said ie payments shag fare
Bation N 4.It Any Pers., o e- 'Cher be In 21eu fore spa tree
pp ration desiring to o bullet telephone s r free space o
One nor Improvementother ake ya along,
the vethead construction for pollee d
to streets, alleys, andsupublicC of
of sari alarm systemsn or dsystems
space other
for
the City which,In movement of use. than id plslice expressly
pe .ysted then
aid Iterfere with Cm the poles, this franchise. pr°vldetl [a: in
wires,ordther fixtures f the Corn— SECTION 8. This ordinance shall
pang o the City, shall first give be deposited In the office of the City
notice to the said Company or the Recorder of Salt Lake City and shall
City,as the c n y be, d shall he published once
in a daily news-
pay
to the Company or the City. paper published within salt City
a
•s the case may be, sufficient within seven('I)days after such fli-
t° s v the expenses and damage log, and shall he In full force and
incident to the cutting, altering. I effect upon the filing by said Cont-
end
moving of the wires o e Other ,pony with the Hoard f Comn:i.s-
end res of the Company or the Ctty,ire ,am thereof of agi i sept-
a tl before a, troll a give b s Uri twthin unconditionalwriting which shall
City therefor, the applicant hall I Ohs pad within In thirty approval
days alter
present a receipt from the hom- 'the nys. Within and i10)of the or-,
pany shoaled such payment.There- tlea nee. s ten cce days ce after
up.,
,eto saidCompany,pe Don preall, th- the filing of sold acceptance,addressed
In nf [the Id permit,shall,with- tr Secret a Letter Company
provide
forty-eight do such
thereafter to the ere of said shall Company
provide for andmis s h ece a. et the r cColorado,ofa acceptance.
cknowl-
ether fixtures
and moving the elves ar I edge the receipt of said a rep Canco.
main' flnecess of said Companwsucht asSECTION S. That tyln tieuy
may be necessary to alloys such mbhe I ranee adopted y, the City tinged.
strleg or alhrs u uxu pl s the of Salt Lake City,. ap of apUtah.proved
y
streets. alleys, and public ways Of n March 27,April and 94,a t by
the City. the Mayor e April 2,00e and that
SECTION a 5. a la e y ey certain
other ordinance amending
derson-
the
and agreed thefranchise
Cite andRev Sections nc and
and he enactment of this Company Sallre-enacting theeCity
Ordinances f
and lt,an acceptance roads by the Company ass et ofake City f temb passed by
was and Is male upon the ex at the approved
oct Council September 20.lobe,
condition and understanding that and 08, and al the Mayer ne
grant the sold ce to,cnt nor the no 1906, and all otherordinances
grant or acceptance a of this franchise l parts reordinancesyer sly re-
phrllconstitutelC a naives upon the herewith are herrhy expressly re
part f said Company f any r lghts pled.
r claims had pore the by sold J om- of Come and adopted oted t the Board
Deny with eras, leto the n upancy f Commissioners f SaltofLake City,
of the streets, alleys, and law ..Utah, this 21st dIIY of November,
R
places [ the City, underthe law A,D. 1951.
of the Territory of Utah and u L.rC.e ROr ry C
the constitutional onar and general stab Temporary Chah'mart.
ano i the Stateh of Utah,nor shall IRMA F.BCity R,
wise log In this impair c y is City Recorder.
wise prejudice r impair any (ghtsat (ILL
or Claims existing said
Company
of PILL NO.'tp
this predecessors
of safd Com any o Published November 24. 1951
Its respect to ° successorswith
n.a to the construction.either
before
oion,and maintenance.ofce,is franchise,
before
after the life to this saancCis°.
of a telephone SECTION 6.system
ant further ein said n-
aideratlon for this grant. the Com-
pany O agrees to pay into the treas-
ury
r centh(299)of the groc City a sum ss 'eal o
two
per nue
per x derived by Said Cnm-
pan)'from all local exchange sir,-
tc eve received train subsm'1b-
• loceted within the City of
Salt
Lake and directly connected with
c Itchcnrrd ontoh toards f
raid Compny located In said City.
Within sixty 160) deyr after the
1 rt days f u within sixty(GO)daysnd July.
r ter
and52.
the
flirt days of January and July of
each calendar [Ile whir aft,°,¢sae
✓arpsnsa ld LCltc a witrt ot'tx -_
e.°' dcsuihed for the
=receding six o months'period,which
Cm port t:hfall, In addition 2 tohe
nounfatten of the revenue,
educe The coml.-
amount
of the Lax so de tarred shall be
paid within thirty (y0) days after
(wiling of subjeoE port.The determine
thcr accuracy of the tax computation.
and It he finds any errors, a shall
report the same to the Cospany,for
s
If the tax a, pdips�vs'
correction.
found to be deficient,the'Coin
shall promptly remit)the difference,
and 1f the tax n a ex
-
cessive.
the fClayere hall promptly re-
fund vthe difference.pertai The records of
the.Company Pertaining to:mend,on
byit shell be the Hord of CCommisslaners o
Ile duly mi lhorleCd I'Cpre\^nta.ivc at
all r dson.R hours upon the giv-
1rg of r'easaneble notice of Its inten•
Von to Imps s.such records far the