79 of 1905 - Ordinance 79 of 1905 – Franchise to George A. Snow and William Darst, to manufacture gas and to co ter, ,�,,
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AN ORDINANCE GRANTING TO GEORGE A.SNOW
AND WILLIAM DARST 9 TO THEIR HEIRS,
‘I, q
t IEXECUTORS, ADMINU I'RATORS AND AS-
SIGNS THE RIGHT TO MANUFACTURE GAS
AND TO CONSTRUCT, OPERATE AND MAIN-
c TAIN GAS MAINS, PIPES ANT) NECESSARY
f'
ATTACHMENTS FOR SUPPLYING MANUFAC-
TURED GAS, IN THE CITY OF SALT LAKE,.:z, .) , ,
COUNTY OF SALT LAKE AND STATE OF
UTAH, AND DEFINING THE RIGHTS, PRIVI-
LEGES AND POWERS GRANTED UNTO THE
'i SAID GRANTEES.
A ,`) 1 SECTION I.
i J�� 2 Be it Ordained by the City Council of Salt Lake City,
V
d 3 Utah,that George A.Snow and William Darst,their heirs,
\ , 4 executors, administrators and assigns,have the authority
5 and consent of the City Council,and permission is hereby
i6 granted them,for a period of 50 years after acuceptance of
') 7 this franchise, to construct, operate and maintain gas
8 works in said City of Salt Lake,and also the right to lay,
9 use and maintain in,through and along any of the public
10 streets, alleys, avenues, highways and public grounds
11 within the limits of said City,gas mains and service pipes
12 and the necessary attachments, connections and fixtures
13 for conveying, distributing, supplying and selling manu-
14 factured gas for fuel and illuminating purposes.
15 SECTION II.
16 In consideration of the granting of this franchise the
17 said Grantees agree as follows,to-wit:
18 That the rates to be charged consumers for gas fur-
19 nished by them, shall not exceed the sum of 85 cents per
20 thousand cubic feet for gas for fuel purposes only,and not
21 to exceed$1.35 per thousand cubic feet for gas for illumi..
22 nating purposes only, with a deduction of 10 cents per
23 thousand cubic feet,if payment of bill be made on or be-
24 fore the 10th day of each month,following the meter read-
25 ing,provided,however,that said Grantees shall have the
/ 79
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1 right and privilege to collect from each consumer a mini-
2 mum charge of one dollar per month.
3 SECTION III.
4 The said Grantees further agree, that within six
5 months after the acceptance of this franchise they will
6 commence work thereunder, and within two years after
7 the acceptance thereof,they will have laid at least 20 miles
8 of mains within the limits of said City, and at least 10
9 miles additional mains each year for the next two succeed-
10 ing years, and the said Grantees further agree to cause gas to
be delivered in said mains within said city within three
11 SECTION IV. years from the time of thedr ace-
ertance of this fr.,nchi se e
12 For the term of five years commencing January first,
13 next,after the expiration of the first two years following
14 the granting of this franchise,the Grantees herein further
15 agree,that from the gross revenues from the sale of gas,
16 within the limits of Salt Lake City,there shall be paid to .
17 the Treasurer of said City,within 60 days after the end of
18 each year,1 per cent. of said gross revenues, and for the
1-1/2
19 next five years**per cent., g, t),1,tjel, 00111me•
20 WO,59)111144100144034.4001sAlipetillemis.,and for the bah
21 ance of the life of this franchise 2 per cent. of the said
22 gross revenues., and for the *:ur;ose of determining the amount to
b2e3 raid, the hooks of the crantees shall he subject to the in-
SECTION V. pect,inn of the city Auditor, end
ouch aunt, ihPther said rerr,ent ;ges aggregate the sane or not
2a 'That said Salt Lake City shall in no way be liable for shall n vr:r he less
than 610t;0 per
25 any accident or damage that may occur in the laying of ;rtnum
26 said mains and pipes, or in the operation of any business
27 conducted by the Grantees, under and by virtue of this
28 franchise,by reason of the default or misconduct of said
29 Grantees or their employees, and the acceptance of this
30 grant shall be deemed an agreement on the part of said
31 Grantees for themselves,to save said City harmless from
32 and against any and all liability, loss, costs, expense or
33 damage from any cause arising out of any such default
34 or misconduct, or which may accrue by reason of any ac-
•
1 cident or injury which may occur by reason of any act
2 done by Grantees, and to indemnify and repay said City
3 for any loss,costs,expense or damage of any kind it may
4 sustain by reason of any such default, misconduct, ac-
5 cident or injury,and if any judgment for damages for any
6 such default,misconduct,accident or injury shall be recov-
ered against said City,the recovery thereof shall be final
8 as between said City and said Grantees, and conclusive as
9 to the liability of the latter to the former, provided, how-
10 ever,that the said Grantees shall have had notice in writ-
11 ing of the pendency of such action in time to appear and
12 defend the same.
13 SECTION VI.
14 That in the construction, maintenance and operation
1.5 of said mains and service pipes,the said Grantees shall at
16 all times conform to such ordinances,rules and regulations
17 as now exist or may hereafter be adopted by the City
18 Council of said City in relation thereto, and the ra; so fern shed shall
equal in efficiency lthe general standard of efficiency of pgci
19 SECTION Vii•gas u and fore like fur roses in the
- cities of New York, Chicago and Philadelphia.
20 The Grantees herein further agree, that before they
21 shall begin the laying of mains or make any excavation in
22 any of the streets,avenues,alleys or other public places in
23 said City,they will give to said City an approved bond in
24 the penal sum of$10,000.00 to indemnify said City against
25 any loss or damage which may be occasioned by reason of
26 making such excavations;and said Grantees further agree
27 to conduct the construction,operation and maintenance of
28 said mains and pipes in such a manner as to cause as little
29 impediment to the common,ordinary use of said streets as
30 is consistent with reasonable diligence and proper work-
31 manship,and that they will,at their own expense,promptly
32 repair and put in as good condition as before the openings
33 were made, every such portion of the streets, alleys, aye-
34 nues or other public places in said City,where such open-
..;.:
1 ings shall be made.
2 SECTION VIII.
3 Said Grantees further agree, that the mains and scr-
4 vice pipes and apparatus and system employed shall be up
5 to the approved standard used in the United States.
6 SECTION IX.
7 Said Grantees further agree, that if this franchise be
8 not accepted in writing within 60 days after its passage and
9 approval,or if work be not commenced within six months
10 after its acceptance, or if 20 miles of mains be not laid
11 within two years after the acceptance and 10 additional
1 rmiles ea cH'i year for toe ne tNo yeas fliereaictV)tlie cf�iis�f *,h i.s of n ch i se
A Gas he not, c1e1-
13 franchise shall be void,provided that no delay occasioned iake vke Ct,('�i inv 'ialt
7, as
14 by the act of Cod,the elements,strikes,lockouts,or inabil- rovided
Sect]rn *hinree,
15 ity to procure with reasonable diligence the delivery of ma-
16 chinery,pipes,apparatus and supplies,shall be counted as
17 a part of the time within which any act is to be performed
18 under this franchise;the said Grantees further agree,that
19 if at any time,after reasonable notice in writing so to do,
20 they shall fail,neglect or refuse for 60 days to comply with
21 any provision of this franchise, to be by them complied
22 with, or shall,after like notice, fail or refuse for 60 days
23 to comply with any reasonable regulation which may be
24 lawfully imposed by the City Council,then this franchise
25 and all rights thereunder shall, at the option of the City
26 Council,be forfeited,and the said City shall at once,upon
27 such forfeiture, have the right to require that all pipes
28 and other property of said Grantees be removed from its
29 streets.
30 SECTION X.
31 To the said Grantees there is further granted the right
32 to require, at their reasonable discretion, a guaranty de-
33 posit from parties proposing to become consumers, the
34 amount of which said deposit shall be reasonable under
1 the circumstances under which said consumer proposes to
2 use gas,which said deposit,with interest at 6 per cent.per
3 annum during the time the same has been deposited,shall
4 be returned to the depositor when he ceases to become a
5 consumer.
6 SECTION XI.
7 That whenever and wherever the word"Granteer is
8 used herein, the same, in addition to its ordinary mean-
9 ing,shall be construed to mean and include the heirs,exec-
10 utors,administrators and assigns of the said Grantees.
11 7 Section y l X__II TI',
12 TX7 Six x 6s (121C9 X�iC xV38(Xicic'Nioi.AMcfmktx?Cfoxxl4xxxxxx x
his franchise shall not he trJ.nsferable or
assignable except to a corporation organized under
the Laws of the state of. Utah.
T('TION Xi.11
In coneideration of t,h;-: urrsnises, 741t ?Ake City
agrees and ordains that during the life of said fran-
chise Lai herein fixed, it will not by ordinance or
resolution ;naivi any rules or regulations to -c and
to the vice of gas eo he ferni shed for .ii.ehting or
heating purposes different from the prices herein named;
nor .Mall the said grantees or their assigns be obliged
to furnish gas to any :sine for less prices than herein
named provided, however, that if there ehaall hereafter
p-v ce-e.-oWeeee
he any new inventions eter ImprovementsA that will material-
ly reduce the r:ost of producing or distributing gas for
iightine Or heating purposes, or provided further, if
there ehall hereafter be any co,dit.ions which shall
materially enhance the cost of producing or distribut-
ing gas for for lighting or heating rur'oee9, then, and
in either event there shall be a prasenimble re-::d,justment
by the City Council end the 'ta.yor on the one part, rand the
said Grantees or their assigns upon the other ■aart, of the
rates herein fixed.
In the event of disagreement, between them either in
respect to the fact -whether the said ooni.i.tione eethorie-
ing a .o -adJueteent of said rates have arisen as %hove pro-
vided, or as to the amount of reriue;tion thereof, or both,
then the same shall he determined and ascertained by two
competent and die-interested ar.ra.leore, the City and the
grantees or their assigns each selecting one; and. the two
co chosen shall select a eOmpeteant and die-intereet;ed umpire,
and the appraisers shall then determine whether the said con-
ditions exist, and what reduction or advance of said rates
sliouid be made; and upon failing to agree, they shall submit;
their differences to the umpire, ;;nd the clecii ci.on in
writing of any tvo, shall dr-+; rni.ne the question.
'^ c', party shall bear ert"a'ly the exrenses of the
To tho event Oliaid Grantees, 1110.1 successor* or assigns
C.. rn:;ir,i , ref1lAe :r neglect to
r,rooeed Ltrl.tion `:,r r,::- .diu tment of r.1.es as h,:,rein
o shall 17a1 ,o e,:rr'y into .t1'fect `.'.e .' tea
who re-rc+iju,tcd as h,;r•:in provided, then the City Council
-eserves the ri.Lrest to alter, asciend and c ange this fr;,n-
ohire in ,-err. ,t to rates or charges for tile services ref-
erral to in ,ia.i o =sect i cn.
'.r;r'PTON X1V.
The said lr:ente>es fu;-ter o•t-ree that within six
months after their ar.es tance of this franchise that they
will e}Luse to he deposited in t... =4nkinrr House of McCarnick
& CO. of ialt Lake City, or some other responsible rank in
said city, the sum of Taco 1111nd:roc ;.il• . ii'ty Thourarul Dol-
lars (4250,000) to be used in the business rorttenti.tred by
this fa,uichise, and a certificate of the Baulk wherein said
deposit shall have been made, filed with the City Record-
er shall be a compliance with this agreement, and if suchAtiffp ,
deposit be not mare within the time in this section st;ecif`.ed,
then, in that event, ;his franchise shall at the option of
the City Council, become null and void.
IECTIOX X .
This ordinance shall take effeot from and after
its passage and approval,
cil cf Jf E�� � l iu nst, 14th 1�05 sr
F}lrr,� ty t}.e City .,c-crc `_ c: t t Lake '� y , , ,
ra;d referred to the Wayor for tis
^ity-Ftt!Wr.
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