23 of 1906 - Electric light, heat and power plants AN ORDINANCE.
An Ordinance granting the right to J. S. Manley and L. H. Curtis, both of Salt
Lake City, Utah, their heirs and assigns, to use the streets, alleys, lanes and other public
grounds within said City for the purpose of constructing, maintaining and operating electric
light, heat and power plants within said City, and to vend said light, heat and power to
said City and its inhabitants, as herein provided:
Be it ordained by the City Council of Salt Lake City, Utah:
Section 1. That J. S. Manley and L. H. Curtis, both of Salt Lake City, Utah,
hereinafter called the grantees, their heirs and assigns, have the authority and consent,
and permission is hereby granted to them, their heirs and assigns, to use the streets,
alleys, lanes and all other public grounds of said City of Salt Lake, Utah, for the purpose
of erecting and maintaining such poles, masts, wires, cables, lines, lamps and aopliances,
and to open the streets, alleys, lanes and all other public grounds of said City for the
purpose of constructing pipes, conduits, or other underground structures, and laying wires
therein, as may be necessary for the transmission and utilization of electric energy, and
the operation and maintenance of electric wires or lines, and the furnishing of electric
current far light,, heat and power, or any other purpose to which the same ie, or may be,
adapted, within the limits of said City, for public and private use, and to do all other
things necessary to enable said grantees, their heirs or assigns, to successfully construct,
maintain and operate electric lighting, heating and power plants in said City.
Section 2. The said grantees, their heirs or assigns, shall, at leaet thirty days
prior to the commencement of the erection of poles and wires or the laying of conduits or
other underground structures within the limits of said City, file with the City Engineer of
said City, a plat showing the streets, alleys, lanes and public grounds of said City where
they propose to locate lines of poles and wires or conduits or other underground structures,
which plat shall be subject to the approval of the City Council of said City, and be so spa
proved before any work shall be done in any street in pursuance thereof.
Section 3. All streets, lanes, alleys and public grounds that may be opened by
said grantees, their heirs or assigns, for the aforesaid purposes, shall be filled in and
put in as good repair as they were prior to the opening of the sass, and within a reasonable
time, se as let to unnecessarily obstruct the free passage over the streets more than may
be necessary. The opening of streets and the erection of poles and the placing of wires
thereon, for such purposes, shall be controlled and governed by the ordinances of said City.
Section 4. Commencing January first next after the expiration of the first three
years following the granting of this franchise, the grantees herein further agree, that
from the gross revenues from the sale of electricity within the limits of Salt Lake City,
there shall be paid to the treasurer of said City, within sixty days after the end of each
year, one per cent (1%) for the first ten years, one and one»half per cent (lie) for the
next ten years, and two per cant (2%) for the remainder of the life of the said franchise
of said gross revenues, and for the purpose of determining the amount to be paid, the books
of the grantees shall be subject to the inspection of the city auditor, and such amount,
whether said percentages aggregets the same or not, shall never be less than one thousand
dollars (01,000.) per annum.
Section 5. The said grantees, their heirs and assigns, during the life of the
privileges or franchise granted by this ordinance, shall, and by their acceptance of the
privileges hereby granted, agree, with said City to furnish electrical energy or power and
electric lights to the inhabitants or users thereof in said City, and shall be entitled to
charge for the sans, the prices set forth in the following scale of lighting or power rates
for private consumption, to-wits
(a) Arc Lighting. Arc lights which will give an illumination of not less than
the present standard 455 watt enclosed carbon arc lamp.
RATES. For above service, for all night service, not to exceed $10.00 per lamp
per month; for midnight service, not to exceed $6.50 per lamp per month; and for ten o'clock
P. M. service by meter, a rate of eleven (11) cents per kilowatt hour for the electric ener-
gy used and a diarge of $1.00 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
candle power for incandescent lamps, a meter rate of ten (10) cents per kilowatt hour for
the electrical energy used, provided that the minimum charge shall be seventy»five (75)
tents per month for each consumer of electric energy for incandescent lighting.
(c) Meter Rates. For electrical energy to be used for motive power purposes,, a
maximum meter rate of eight (a) cents par thousand watts, provided that the minimum charge
for electrical energy used for motive power shall be three (3) dollars per month for each
consumer of electrical energy for motive power.
Customers paying monthly and on or before the 10th day of the month succeeding
the month in which such electricity was used, shall have a discount of ten (10%) per cent
on the above prices, but no bill shall be less than the minimum of seventy»five (75) cents
per month.
Section 6. Said grantees, their heirs and assigns, can shut off electric energy
for Whatever purpose used from any customer only when said customer has made default for
tan days in payment of bills,
Section 7. The said grantees, their heirs and assigns, shall indemnify the said
City of Salt Lake, Utah, against loss, and assume all liability for claims which may arise
against said City for injury to persons or property growing out of the enjoyment of the
-2-
rights herein granted or from any act or omission of said grantees, their heirs and assigns,
their agents or employees, and shall pay the said City of Salt Lake any and all sums of
money which the said City may be compelled to pay on account thereof. Said grantees, their
heirs and assigns, before they shall begin work upon the streets of said City for the pur:
pose of erecting electric light poles within the corporate limits of said City, shall exse
cute and deliver to said City of Salt Lake, Utah, a good and sufficient bond in the sum of
twenty five thousand dollars, signed with sureties to the acceptance of the Mayor of said
City, conditioned that they will indemnify and save the said City of Salt Lake harmless
from any and all damages that may be caused by reason of the erection, maintenance, manage°
agent or use of such electric light poles, or the wires thereon in said City, and that said
grantees, their heirs and assigns, 'Gall fully perform all the conditions of this ordinance
on their part to be kept and performed, and said bond shall remain in full force and effect
during the time for which said rights are granted, and in case the security on said bond,
through insolvency or otherwise, shall become insufficient, said grantees, their heirs and
assigns, shall, from time to time, give additional security, to the acceptance of the Mayor
of said City, within a reasonable time after being notified or required so to do.
Section 8. The granteee further agree that on or before their acceptance of this
franchise they will deposit with the City Recorder a good and sufficient bond in the sum of
tent thousand dollars ($10,000.), approved by the Mayor, the conditions of said bond being
that if the grantees shall fail to commence work within six months after their acceptance
of this franchise, and to continue the work of installation with reasonable diligence in
accordance with the provisions of this ordinance, then Salt Lake City shall recover as lie
quidated damages, from the obligees and sureties in said bond, the sum of ten thousand dole
lare ($10,000.), and the same shall be immediately due and payable upon the failure to come
ply with each or any of said foregoing conditions.
Provided, however, that the said grantees shall have the privilege if they elect
so to do, to deposit with the City Treasurer ton thousand dollars ($10,000.) in cash in
lieu of said bond, to be held subject to the conditions in this section provided.
If said bond be not given, or if said sum of ten thoueadn dollars ($10,000.) be
not deposited with the City Treasurer upon acceptance by the grantees of this franchise,
then and in that event this franchise shall become absolutely null and void.
Section 9. The toms "the City" and "said City" whenever used in this ordinance,
unless the context clearly indicates a different intention, are intended, and shall be con..
strued, to mean the "City of Salt Lake, Utah", and the terms, "the grantees" and "said gran-
tees" whenever used in this ordinance, unless the context clearly indicates a different ins
tention, are intended, and shall be construed to mean "J. S. Manley and L. H. Curtis, both
of Salt Lake City, Utah, their heirs and assigns."
-3-
Section 10. The rights, privileges and franchises granted by this Ordnance are
for a period of fifty (50) years from the date of passage of this Ordinance.
Section 11. This Ordinance shall take effect and be in force from and after its
passage and legal publication, and the filing by said grantees with the City Recorder of
said City, notice in writing of their acceptance of each and all of the terms, provisions
and requirements of this Ordinance; provided, however, that if said grantees shall fail to
file such written acceptance within sixty days (60) after the passage of this Ordinance,
then this Ordinance shall be void and of no force and effect; but if said grantees shall be
prevented from accepting the terms, provisions and requirements of this Ordinance by injunc-
tion or other legal process, or if the acceptance thereof shall be delayed or postponed in
any manner by the means aforesaid, said grantees may accept the tens, provisions and re»-
quirements of this Ordinance within sixty (60) days after the expiration of the period
W during which said acceptance shall have been prevented or delayedas aforesaid, in which
event said acceptance shall have the same effect as if the same had been filed within sixty
(60) days after the passage of this Ordinance.
. . .
.
s _
c 'k,,,,: *IA- r r.
a.
. . ,,, _.... .
. .„.. .!........ .,
..s.k. . .
s,
, .
. ...
M G
; .. : ---1.. ....:.
40
O�� O il P A U
M n <
m (`
o C' l.�
1 \�V •�(
T \
-1,
h
.....
1 �
<N