098 of 1993 - Granting Right to Construct to0 93-41
0 93-1
SALT LAKE CITY ORDINANCE
No. 98 of 1993
(Granting Right to Construct to
Huish Detergents Inc.)
AN ORDINANCE GRANTING A FRANCHISE TO HUISH DETERGENTS INC.,
A UTAH CORPORATION AUTHORIZED TO AND DOING BUSINESS IN THE STATE
OF UTAH, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO
CONSTRUCT, ERECT, OPERATE, AND MAINTAIN OVER AND UNDER THE
FOLLOWING -DESCRIBED CITY STREETS, ALLEYS AND PUBLIC WAYS, WIRES,
CABLES, AND UNDERGROUND CONDUITS, IN CONNECTION WITH ITS
BUSINESS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Grant of Franchise Authority. City, as Grantor,
hereby grants a franchise to Huish Detergents Inc., hereinafter
Grantee, to construct, operate, and maintain a telephone and/or
telecommuni-cations system in the streets of Salt Lake City, as
described in Exhibit "A" attached, subject to the conditions and
restrictions as hereinafter provided. The franchise shall expire
on December 31,2005.
SECTION 2. Franchise Payments. A. Grantee herein shall
annually pay to the City for the Franchise the greater of either:
1. The sum of THREE HUNDRED FIFTY AND NO/100--DOLLARS
($350.00) with the initial payment due and tendered concurrent
herewith. Thereafter, said payment shall be due on or before the
anniversary date hereof. On each successive anniversary date,
hereinafter "Due Date", the annual franchise payment shall be
increased by the same percentage increase, if any, in the
Consumer Price Index herein specified for the preceding twelve
month period ending the last day of December. The Consumer Price
Index unit for this purpose shall be the U. S. City Average
Geographic Index for the components including "all urban
consumers" based on "all items" as published for said month by
the Bureau of Labor Statistics of the federal government. If
publication of said consumer Price Index should cease, such
annual percentage increase shall be determined by reference to
such similar index as shall replace it, or as agreed upon by the
parties.
OR
2. To the extent Grantee competes with U. S. West by
providing telephone service within Salt Lake City or otherwise
derives revenue from telephone service, as defined in Section
5.04.170, Salt Lake City Code, Grantee shall pay City a sum of
six percent (6%) of its annual gross revenues, as defined in
Section 5.04.170, Salt Lake City Code. In the event that such
services are not provided or do not exceed the sum set forth in
subparagraph A. hereof annually, Grantee shall pay the sum set
forth therein annually, which amount approximates the fair market
rental value of the property. Grantee shall annually provide the
City a certificate evidencing whether its revenue from the
preceding year exceeded the approximate fair rental value of the
property, as specified above.
B. Such annual payments shall be made to Salt Lake City
Corporation and sent to City's Property Manager at City and
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County Building, Second Floor, Room 245, Salt Lake City, Utah
84111, unless notified of change of address in writing by the
City. All payments shall be made annually on or before said Due
Date. A delinquency penalty charge of ten percent (10%) of the
annual payment shall be assessed on any payment not received by
the City by the Due Date. Failure to make the annual payment and
penalty charges within thirty (30) days of whichever Due Date is
applicable above shall constitute breach of the terms of this
Ordinance and constitute just cause for repeal hereof prior to
the expiration of the current term, and such unpaid amount shall
bear interest until paid at the rate of an additional ten percent
(10%) per annum until paid.
C. In the event the franchise should be terminated or
forfeited prior to the end of its term, Grantee shall immediately
submit to the City a financial statement showing the gross
revenues of Grantee for the time elapsed since the last period
for which Grantee has paid to the City the annual payment, and
Grantee shall pay to the City not later than thirty (30) days
following the termination of the franchise, any other sums
legally due and owing to the City.
D. Grantee shall annually submit to City, at the same time
as its franchise payment is remitted, a certificate signed by a
corporate officer of Grantee verifying that Grantee has not
provided telephone service in Salt Lake City during the previous
year. If Grantee has provided telephone service the certificate
shall so indicate. Said certificate shall have attached thereto
an auditor's statement showing the gross revenues from such
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telephones service. In such event, the City shall have the
right, but is not required, to inspect the Grantee's records
showing the gross revenues from which its franchise payments may
be computed and shall have the right of audit and recomputation
of any and all amounts paid under the franchise. Failure to make
such a report of telephone service shall be grounds for termi-
nation of this franchise. No acceptance of any payment by the
City shall be construed as a release of or an accord or
satisfaction of any claim the City might have for further or
additional sums payable under the terms of this ordinance or for
any other performance or obligation of Grantee hereunder.
SECTION 3. Insurance. A. At all times during the term of
this franchise, Grantee shall obtain, pay all premiums for
general comprehensive public liability insurance policy
indemnifying, defending, and saving harmless Grantee, its
officers, boards, commissions, agents, or employees, with the
City as an additional named insured, from any and all claims by
any person whatsoever on account of injury to or death of a
person or persons occasioned by the operations of Grantee under
this franchise with a minimum liability of $250,000 per personal
injury or death of any one person and $500,000 for personal
injury or death of any two or more persons in any one occurrence
and $100,000 for property damage in any one occurrence, or
$1,000,000 aggregate.
B. The Grantee shall file with the City Director of
Management Services, concurrent with the issuance of this
franchise, a certificate of insurance verifying said coverage.
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Such insurance as provided for in this section shall be kept in
full force and effect by Grantee during the existence of and
until after the removal of all poles, wires, cables, underground
conduits, manholes, and other conductors and fixtures incident to
the maintenance and operation of the system as defined in the
franchise.
C. All of the foregoing insurance contracts shall be in a
form satisfactory to the City Attorney and shall be issued and
maintained by companies authorized to do business in the State of
Utah and acceptable to the City's Director of Management
Services. The certificates shall require thirty (30) days'
written notice of any cancellation to both the City and Grantee
herein.
SECTION 4. Guarantee Bond. A. Grantee shall, concurrent
with this issuance of this franchise, execute to the City with
good and sufficient securities, a guarantee bond to be approved
by the City Attorney in the sum of TWO THOUSAND SEVEN HUNDRED
FIFTY AND NO/100 DOLLARS ($2,750.00), or tender a cash bond in
said amount, conditioned upon the faithful performance and
discharge of the obligations imposed by this ordinance from the
date thereof and remain in force and effect during the life of
this franchise. Specifically, said guarantee bond or cash bond
shall provide sufficient funds for the removal or relocation of
the Grantee's facilities in the event of Grantee's noncompliance
with this ordinance.
B. The Grantee shall pay all premiums chargeable for the
bond and shall keep the same in force and effect at all times
5
throughout the term of the franchise and until the removal of all
poles, wires, cables, underground conduits, manholes, and other
conductors and fixtures incident to the maintenance and operation
of the system.
C. The amount of the bond shall be subject to review and
reasonable adjustment by the City.
D. The bond shall contain a provision that it shall not be
terminated or otherwise allowed to expire prior to thirty (30)
days without prior written notice to the City.
E. The bond shall be in a form satisfactory to the City
Attorney, and a duplicate copy of it, along with written evidence
of payment of the required premiums, shall be filed with the
City's Director of Management Services during the term of the
franchise.
SECTION 5. Indemnity. Grantee shall at its sole cost and
expense fully indemnify, defend, and save harmless the City, its
officers, agent, and employees against any and all claims, suits,
actions, liability, and judgments for damage, including City's
attorney's fees, arising out of the Grantee's acts, omissions or
the operation of the Grantee's business under this franchise.
These damages or penalties shall include but shall not be limited
to damages arising out of installation, operation or maintenance
of the system authorized herein, whether or not any act or
omission complained of is authorized, allowed, or prohibited by
the franchise.
SECTION 6. Books and Records of Grantee. A. Grantee shall
file with the City's Directors of Public Services and Public
6
Utilities a copy, true and accurate, of maps and/or plats of all
existing and proposed installations upon the streets. These maps
and plats shall conform to the requirements of the City's
Directors of Public Services and Public Utilities and shall be
kept continuously up-to-date.
B. All books and records of Grantee concerning its
operation in connection with or related to its said tele-
communication system shall be made available for inspection and
audit by City's Director of Management Services or his designate
within ten (10) days after any request for such inspection or
audit shall be made.
SECTION 7. Conditions of Street Occupancy. A. All
structures, lines, and equipment erected by Grantee within the
City shall be so located as to cause minimum interference with
the proper use of streets, and to cause minimum interference with
the rights and reasonable convenience of property owners who join
any of said streets. The system shall be constructed and
operated in compliance with all City, State and national
construction and electrical codes and shall be kept current with
new codes as required.
B. Except when necessary to service a subscriber and
subject to the written approval and conditions, of the City's
Director of Public Services, Grantee shall not erect, authorize,
or permit others to erect any poles or facilities within the
streets of the City for the conduct of its system but shall use
the existing poles and other equipment of the appropriate
electrical power and telephone and other utility companies under
7
such terms and agreements as the Grantee negotiates with these
companies. The City shall cooperate with Grantee in negotiating
and obtaining permission to use such facilities.
C. No poles, cables, equipment, or wires for construction,
maintenance and operation of the system shall be installed or the
installation thereof commenced on any existing pole within the
City until the proposed location, specifications and manner of
installation of such cables, equipment, and wires are set forth
upon a plot or map showing the existing poles, streets, alleys,
or highways where such installations are proposed. The plot or
map shall be submitted to the Director of Public Services and
approved within a reasonable time in writing. Such approval
shall not be unreasonably withheld.
D. If Grantee is required, in the conduct of its business,
to locate property within the streets of the City other than
property which may be attached to utility poles, the nature of
such property shall be disclosed to the Directors of Public
Services and Public Utilities for approval as to the need thereof
and as to the location within the street. The installation shall
be made under such conditions as the Directors of Public Services
and Public Utilities shall prescribe.
E. Whenever the City or State shall require the relocation
or reinstallation of any property of the Grantee in any of the
streets of the City, Grantee shall, upon notice of such
requirement, immediately remove and relocate or reinstall such
property as may be reasonably necessary to meet the requirements
of City or State. Such relocation, removal or reinstallation by
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Grantee shall be at the sole cost of Grantee. City will
cooperate with Grantee in said relocation by providing alternate
space if reasonably available.
F. If all the electric and telephone utilities in an area
are located underground, it shall be the obligation of the
Grantee to locate its property underground; however it is the
policy of the City to have cable underground, when reasonably
possible, and the City may direct Grantee to install cables
underground when either electric or telephone lines exist
underground. If electric utilities or telephone utilities are
located underground in any place within the City after Grantee
has installed its property, Grantee shall thereafter remove and
relocate its property underground in such places. Where
utilities are underground, Grantee may locate certain equipment
above ground upon a showing of necessity and with written
approval from the Director of Public Service.
G. Grantee may trim trees overhanging the streets of the
City to prevent the branches of such trees from coming in contact
with the Grantee's wires and cable. All trimming on City
property shall be done under the direction of the City Urban
Forester and at the expense of Grantee.
H. In case of disturbance of any public property by
Grantee, the Grantee shall, at its own cost and expense and in a
manner approved by the City's Director of Public Services, repair
such public property in as good a condition as before such
disturbance. Prior to commencing work, Grantee shall make
application for a permit to work in the public way from the
9
office of the City Engineer. Grantee will abide by all
regulations and requirements of the City Engineer for such works.
Grantee shall maintain, repair, and keep in good condition, to
the satisfaction of City Engineer, for a period of one year
following such repair.
I. Grantee shall, on the request of any person holding a
building moving permit issued by the City, temporarily raise or
lower its wires to permit the moving of such building. The
expense of such temporary removal or raising or lowering of the
wires shall be paid by the person requesting the same and Grantee
shall have the authority to require such payment in advance.
Grantee shall be given not less than forty eight (48) hours
advance notice to arrange for such temporary wire changes. In
the event of a disagreement between Grantee and a holder of a
permit, such disagreement will be resolved by the City's Director
of Public Services.
J. If at any time, in case of fire, flood, earthquake or
other emergency in the City, it shall become necessary in the
judgment of the Mayor or the chief of the Fire Department to cut
or move any of the wire cables, appliances or other fixtures of
Grantee, this may be done and the repairs thereby rendered
necessary shall be made by Grantee, at its own cost and expense
and without charge against the City.
K. Grantee's work, while in progress, shall be properly
protected at all times with suitable barricades, flags, lights,
flares, or other devices as are reasonably required by City
regulation or ordinance or state law to protect all members of
10
the public having occasion to use the portion of the streets
involved, or adjacent property.
SECTION 8. System Installation. Within thirty (30) days
after the acceptance of the franchise, the Grantee shall proceed
with due diligence to obtain all necessary permits and
authorizations which are required in the conduct of its business,
including but not limited to any utility joint use agreements,
and any other permits and authorizations to be granted by duly
constituted regulatory agencies having jurisdiction over the
operation of the system.
SECTION 9. Type of Equipment to Be Installed. Grantee
shall specify in its proposal the type and capacity of the
equipment to be installed and Grantee shall advise the Director
of Public Services of any changes in this section of its
proposal. No changes in the type and capacity of equipment shall
be allowed unless such change is at least equal to or better than
that proposed by Grantee in its application.
SECTION 10. Operation Standards. The system shall be
installed and maintained in accordance with the highest accepted
standards of the industry to the end that the subscriber may
receive the highest and most desirable form of service.
SECTION 11. Supervision by the City. A. Grantee shall
construct, operate and maintain the system subject to direction
from all of the authorities of the City who have jurisdiction in
such matters and in strict compliance with all laws, ordinances,
and departmental rules and regulations.
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B. The system and all parts thereof shall be subject to the
right of periodic inspection by the City.
SECTION 12. Grantee's Duty to Remove Its Properties from
the Public Streets. A. Grantee shall promptly remove from the
public streets all or any part of the facilities when one or more
of the following conditions occur:
1. Grantee ceases to operate the system for a
continuous period of six (6) months except when the cessation of
service is a direct result of a natural or man-made disaster;
2. Grantee fails to construct said system as
hereinabove and hereinafter provided; or
3. The franchise is terminated or revoked pursuant to
notice as provided herein.
B. Grantee shall receive notice, in writing from the City,
setting forth one or more of the occurrences and shall have
ninety (90) days from the date upon which said notice is received
to remove such properties.
C. Grantee, at the option of the City, may abandon any
underground facilities in place, subject to the reasonable
requirements of the Director of Public Services. In such an
event, the abandoned system shall become the property of the City
and Grantee shall have no further responsibilities or obligations
concerning these facilities.
SECTION 13. Operational Reports. Grantee shall furnish the
Director of Public Services with progress reports indicating in
detail the area of construction of the system. Such periodic
reports. shall be furnished at three-month intervals, the first
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report to be made three (3) months after the construction
commencement date.
SECTION 14. Removal of Facilities Upon Request. Upon
termination of service to any subscriber, Grantee shall promptly
remove all of its facilities and equipment from the premises of
such subscriber upon his written request. Such removal shall be
at no cost to the subscriber.
SECTION 15. Compliance with State and Federal Laws. The
Grantee shall at all times comply with all applicable laws and
ordinances of the City, the State of Utah, and the federal
government or any administrative agency thereof.
SECTION 16. Filing Communications with Regulatory Agencies.
Copies of all petitions, applications and communications
submitted by Grantee to the Federal Communications Commission,
Securities and Exchange Commission, or any other federal or state
regulatory commission or agency having jurisdiction in respect to
any matter affecting operation, as it specifically applies to the
City, shall also be submitted simultaneously to the City by
filing the same with the City Attorney.
SECTION 17. Restrictions Against Assignment. A. This
franchise shall not be assigned or transferred either in whole or
in part or leased, sublet or mortgaged in any manner, nor shall
title thereto, either legal or equitable, or any right, interest
or property therein pass to or vest in any person either by the
act of Grantee or by operation of law without the prior written
consent of the City, which consent shall not be withheld
unreasonably. The granting, giving, or waiving of any one or
13
more of such consents shall not render unnecessary any subsequent
consent or consents.
B. Consent or approval of the City to any assignment,
lease, transfer, sublease, or mortgage of the franchise shall not
constitute a waiver or release of the rights of the City in and
to the streets.
C. Nothing in this section shall be deemed to prohibit a
mortgage or pledge of the system equipment of any part thereof or
a leasing by Grantee from another person of said system equipment
or part thereof for financing purposes or otherwise. Any such
mortgage, pledge, or lease shall be made only with the prior
approval of the City and shall be subject and subordinate to the
rights of the City under this ordinance of applicable law.
SECTION 18. Revocation of Franchise. A. In addition to
all of the rights and powers reserved or pertaining to City, the
City reserves, as an additional and as a separate and distinct
power, the right to terminate the franchise for any of the
following reasons:
1. Grantee shall, by act or omission, violate any
material term or condition of this ordinance and shall within
thirty (30) days following written demand by the City, fail to
correct the violation;
2. Any provision of this ordinance shall be finally
adjudged by a court of law invalid or unenforceable and the City
Council further finds that such provision constitutes a material
consideration to the continuance of the franchise herein granted;
14
3. Grantee becomes insolvent, unable, or unwilling to
pay its debts or is adjudged a bankrupt or all or part of
Grantee's facilities are sold under an instrument to secure a
debt and are not redeemable by Grantee within thirty (30) days
from said sale; or
4. Grantee attempts to or practices any fraud or
deceit in its conduct or relations under the franchise with the
City or subscribers or potential subscribers.
B. No revocation shall be effective unless or until the
City Council adopts an ordinance setting forth the cause for the
revocation and the effective date thereof. Such ordinance shall
not be adopted without thirty (30) days written notice to Grantee
and an opportunity for Grantee to be heard upon the proposed
ordinance. If an ordinance is adopted and the ordinance depends
upon a finding of fact, such finding of fact, as made by the City
Council, shall be conclusive.
C. The Grantee shall not be declared in default or be
subject to any sanction under any provision of this ordinance in
any case in which performance of any such provision is prevented
for reasons totally beyond its control.
SECTION 19. Grantee to Have No Recourse. A. Except as
expressly provided in this franchise, Grantee herein shall have
no recourse whatsoever against the City for any loss, cost,
expense or damage arising out of the provisions or requirements
of the franchise or because of the enforcement thereof by the
City nor for the failure of the City to have authority to grant
all or any part of the franchise.
15
B. Grantee expressly acknowledges that upon accepting a
franchise, it does so relying upon its own investigation and
understanding of the power and authority of the City to grant the
franchise.
C. Grantee, by acceptance of the franchise, acknowledges
that it has not been induced to enter into the franchise by any
understanding or promise or other statement whether verbal or
written by or on behalf of the City or by any other third person
concerning any term or condition of the franchise not expressed
herein.
D. Grantee further acknowledges by acceptance of the
franchise that it has carefully read the terms and conditions
hereof and is willing to and does accept all of the risks of the
meaning of such terms and conditions and agrees that in the event
of any ambiguity therein or in the event of any other dispute
over the meaning thereof, the same shall be construed strictly
against the Grantee and in favor of the City.
SECTION 20. Failure of City to Enforce the Franchise. No
Waiver of the Terms Thereof. Grantee shall not be excused from
complying with any of the terms and conditions of the franchise
by any failure of City upon any one or more occasions to insist
upon or to seek compliance with any such terms or conditions.
SECTION 21. Time is of Essence to this Agreement. Whenever
this franchise shall set forth any time for any act to be
performed by or on behalf of Grantee, such time shall be deemed
of the essence and any failure of the Grantee to perform within
16
time allotted shall be sufficient grounds for the City to revoke
the franchise.
SECTION 22. Grantee Will Not Contest Validity of Franchise.
The Grantee agrees by the acceptance of the franchise that it
will not assert, in any claim or preceding, that any condition or
term of the franchise is unreasonable, arbitrary, or void or that
the City did not have the power or authority to make such term or
condition.
SECTION 23. Rights Reserved to the City. Without
limitation upon the rights which the City might otherwise have,
the City does hereby expressly reserve the following rights,
powers and authorities:
1. To exercise its governmental powers now or
hereafter to the full extent that such powers may be vested in or
granted to the City;
2. To grant additional franchises within the City to
other persons for the conduct of telephone and telecommunication
services; and
3. To exercise any other rights powers, or duties
required or authorized, the City under the Constitution of the
State of Utah, the laws of Utah, or the City Ordinances.
SECTION 24. Extension of City Limits. Upon annexation of
any territory to the City, the franchise shall not extend to the
territory so annexed to the extent City has authority; and all
facilities owned, maintained, or operated by the Grantee located
within, under, or over streets of the territory so annexed shall
thereafter be subject to all terms thereof.
17
SECTION 25. Effective Date and Acceptance by Grantee. This
Ordinance shall take effect upon the date of its first publica-
tion, provided however, Grantee shall file with the City
Recorder, within ten (10) days from the date of execution of this
Ordinance by the City Council, its written acceptance of this
Franchise. If Grantee fails to file such acceptance, this
Ordinance shall be null and void.
Passed by the City Council of Salt Lake City, Utah, this
14t
ATTE
. ..•
I F DER
day of
Transmitted to Mayor on
December
, 1993.
December 14, 1993
••.�tion: XXX Approved. 4Vetoed.
Published:
December 25, 1993
Garth\Word\Huieh-Fr.Ord
v1
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18
STATE OF UTAH
:ss.
County of Salt Lake )
On 1.:22-Carivetat /'{off /99 , personally appeared before me
DEEDEE CORRADINI and s,/� KU' , who, being by
me duly sworn, did say that they are the MAYOR and CHIEF DEPUTY
RECORDER, respectively, of SALT LAKE CITY CORPORATION, a
municipal corporation of the State of ah, and said persons
acknowledged to me that said co orat' n e
My Commission Expires:
NOTARY PUBLIC
STATE OF UTAH
Ay Commission
ou
111 SCOT C. CRANDALL
451 South State Street 1415
, S,Salt lake City, UW1 $4111
GL
TARY PUB IC, residing in
Salt Lake County, Utah
19
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BINGHAM ENGINEERING 5160 Wley Post Way, Salt Lake City Utah 84116, 801 532-2520, 801 328-3381 FAX
EXHIBIT "A"
HUISH DETERGENT INC. CABLE EASEMENTS
3600 WEST STREET
A 20.00 foot wide easement for the purpose of construction and maintenance of
underground facilities, being 10.00 feet on each side of the following described centerline:
Beginning at a point South 0°09'56" West 660.88 feet, along the monument line, and
South 89°50'04" East 30.00 feet from the monument marking the intersection of 3600
West and 1820 South Streets, Centennial Industrial Park Phase 1, said point being on the
easterly right-of-way line of said 3600 West Street, and running thence South 88°44'37"
West 60.02 feet to the westerly right-of-way line of said 3600 West Street and being the
point of terminus.
1820 SOUTH STREET
A 20.00 foot wide easement for the purpose of construction and maintenance of
underground facilities, being 10.00 feet on each side of the following described centerline:
Beginning at a point South 89°50'04" East 324.23 feet, along the monument line, and South
0°09'56" West 30.00 feet from the monument marking the intersection of 3600 West and
1820 South Streets, Centennial Industrial Park Phase 1, said point being on the southerly
right-of-way line of said 1820 South Street and running thence North 1 ° 14' 10" East 48.32
feet; thence South 89°50'04" East 60.00 feet; thence North 0°09'56" East 11.69 to the
northerly right-of-way line of said 1820 South Street and being the point of terminus.
CERTIFICATE OF ACCEPTANCE
Ordinance No. of 1993 as adopted by the Salt Lake City,
Utah, City Council is hereby accepted by Huish Detergents,
Inc. on this day of , 1993.
HUISH DETERGENTS, INC.
BY:
Attest:
I:\GarthlWord\Huish-ac.ack
DATE
CERTIFICATE OF VERIFICATION
I hereby verify that Huish Detergents, Inc. has not provided
local exchange telephone service in Salt Lake City, Utah
during the previous year.
HUISH DETERGENTS, INC.
DATE
BY:
Attest:
I:\GarthlWord\Huish-vr.ack
CERTIFICATE OF ACCEPTANCE
Ordinance No. of 1993 as adopted by the Salt Lake City,
Utah, City Council' s hereby accepted by Huish Detergents,
Inc. on this /7 day of perd?m/ r' , 1993.
HUISH DETERGENTS, INC.
4;//r(4e:
DAT
BY: .5'? F 414/W/i
Attest:
I:\GarthlWord\Huish-ac.ack
CERTIFICATE OF VERIFICATION
I hereby verify that Huish Detergents, Inc. has not provided
local exchange telephone service in Salt Lake City, Utah
during the previous year.
HUISH DETERGENTS, INC.
/2�7y4
DATE
BY: e►lo-e4-e, 7-2R,df,A.4-4.07
Attest:
I:\GarthlWord\Huish-vr.ack