057 of 1988 - Granting Right to Construct to Cummins Intermountain o
SALT LAKE CITY ORDINANCE
No. 5 q of 1988
(Granting Right to Construct to
Cummins Intermountain, Inc. )
AN ORDINANCE GRANTING TO CUMMINS INTERMOUNTAIN, INC. , A UTAH
CORPORATION, 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
TELECOMMUNICATION BUSINESS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Definitions. For purposes of this ordinance the
following terms, phrases, words, abbreviations and their deriva-
tions shall have the same meaning given herein. When not incon-
sistent with the context, words used in the present tense include
the future; words in the plural number include singular
number;and words in the singular number include the plural. The
word "shall" is always mandatory and not merely directory.
A. "City" shall mean Salt Lake City Corporation, a munici-
pal corporation of the State of Utah.
B. "Mayor" shall mean the existing or succeeding chief
administrative officer of the City, or his designate.
C. "Council" shall mean the present legislative governing
body of the City or any successor.
D. "City Attorney" shall mean the chief legal officer of
the City.
s
E. "Director of Finance" shall mean the chief financial
officer of the City.
F. "Director of Public Works" shall mean the director of
public works of the City.
G. "Person" shall mean any person, firm, partnership,
association, corporation, company or organization of any kind.
H. "Applicant" shall mean any person submitting an
application to the City for a franchise to operate a tele-
communications line across the street to another building as part
of Applicant's business within the city using city streets or
other city property for the installation and operation of its
facilities under the conditions set forth hereunder.
I. "Grantee" shall mean the person to whom or to which a
franchise as hereinbefore and hereafter defined is granted under
this ordinance or anyone who succeeds the person in accordance
with the provisions of this franchise.
J. "Gross receipts" shall mean all revenue derived
directly or indirectly by Grantee, its affiliates, subsidiaries,
and any person in which Grantee has a financial interest from or
in connection with the operation of Grantee's business within the
City, with no deductions whatsoever.
K. "Street" shall mean the surface of and the space above
and below any public street, road, highway, freeway, lane, path,
public way, or place, alley, court, boulevard, parkway, drive or
other easement now or hereafter held by the City for the purpose
of public travel and shall include other easements or rights of
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way as shall be now held or hereafter held by the City which
shall, within their proper use and meaning, entitle the City and
Grantee to the use thereof for the purposes of installing or
transmitting said system transmissions over poles, wires, cables,
conductors, ducts, conduits, vaults, manholes, amplifiers, appli-
ances, attachments, and other property as may be ordinarily
necessary and pertinent to such system.
L. "Subscriber" shall mean a purchaser of any service
delivered over the Grantee' s facilities to an individual dwelling
unit or business within the City limits.
SECTION 2. Grant of Franchise Authority. City hereby
creates the right, privilege, and franchise for Cummins
Intermountain, Inc. , hereinafter Grantee, to construct, operate,
and maintain a telephone and/or telecommunications system in the
streets of Salt Lake City, described in Exhibit "A" attached,
subject to the conditions and restrictions as hereinafter
provided. The term of the franchise shall be fifteen ( 15) years
from the date hereof.
SECTION 3. Franchise Payments. A. Grantee herein shall
pay annually to the City for the use of the streets and other
facilities of the City in the operation of its system in the
City, and for the municipal supervision thereof during the life
of this franchise the greater of either:
1. The sum of Three Hundred Fifty Dollars ($350.00)
with the initial payment due and tendered concurrent
herewith. Thereafter, said payment shall be due on or
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before the anniversary date hereof during the term 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 govern-
ment. 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.
2. To the extent Grantee competes with Mountain Bell
Telephone Company by providing intraexchange service within
the Salt Lake City local calling area (as defined by
Mountain Bell 's tariff on file with the Utah Public
Utilities Commission) or otherwise derives local exchange
service revenues, as defined in Section 20-3-14(b) of Salt
Lake City Ordinances, (or any successor section thereto),
from furnishing services from within Salt Lake City, Grantee
shall pay City a sum of six percent ( 6%) for the annual
gross receipts per annum of Grantee from all revenue
received by providing such intraexchange or basic local
exchange service. In the event that such services are not
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provided or do not exceed the sum set forth in subparagraph
1 hereof annually, Grantee shall pay the sum set forth
therein annually, which amount approximates the fair 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 324 South
State Street, Fifth Floor, 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
Agreement and constitute just cause for termination 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 the basic fifteen ( 15) year term,
Grantee shall immediately submit to the City a financial state-
ment prepared as before required, showing the gross receipts of
Grantee for the time elapsed since the last period for which
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Grantee has paid to the City the required percentage of gross
annual receipts, and Grantee shall pay to the City not later than
thirty (30) days following the termination of the franchise, a
like percentage of such gross receipts and/or any other sums
legally due and owing to the City.
D. The City shall have the right to inspect the Grantee's
records showing the gross receipts from which its franchise
payments are computed and shall have the right of audit and re-
computation of any and all amounts paid under the 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 4. Insurance. A. Within thirty (30) days after
the granting of the franchise and at all times during the term of
the franchise, Grantee shall obtain, pay all premiums for, and
file with the City Director of Finance executed duplicate copies
and receipts evidencing the payment of premiums for the
following:
1. A 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
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of the Grantee under franchise herein granted or alleged to
have been so caused or occurred 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.
2. Property damage insurance indemnifying, defending,
and saving harmless Grantee, its officers, boards, commis-
sions, agents, and employees, with the City as an additional
named insured, from and against all claims by any person
whatsoever for property damage occasioned by the operation
of the Grantee under the franchise herein granted or alleged
to have been so caused or occurred, with a minimum liability
of $250,000 for property damage to any one person and
$500,000 for property damage to two or more persons in any
one occurrence.
B. The Grantee shall furnish concurrent with the issuance
of this franchise a certificate of insurance verifying said
coverage. 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. The Grantee will furnish appropriate
certificates to City certifying such coverage.
C. All of the foregoing insurance contracts shall be in
form satisfactory to the City Attorney and shall be issued and
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maintained by companies authorized to do business in the State of
Utah and acceptable to the City's Director of Finance and they
shall require thirty (30) days' written notice of any cancella-
tion to both the City and Grantee herein.
SECTION 5. Surety Bond. A. The Grantee shall within ten
(10) days after the franchise becomes operative, execute to the
City with good and sufficient securities, a bond to be approved
by the City Attorney in the sum of $5,000.00, conditioned upon
the faithful performance and discharge of the obligations imposed
by this Ordinance from the date thereof and shall remain in force
and effect during the life of this franchise. Upon completion of
seventy-five percent (75%) of the system, as certified by the
Director of Public Works to the City Council, the amount of the
bond may be reduced to the sum of $2, 500.00.
B. The Grantee shall pay all premiums chargeable for the
bond and shall keep the same in force and effect at all times
throughout the term of the franchise, including the removal of
all poles, wires, cables, under ground conduits, manholes, and
other conductors and fixtures incident to the maintenance and
operation of the system.
C. 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.
D. 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 Finance during the term of the franchise.
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SECTION 6. Indemnity. Grantee shall at its sole cost and
expense fully indemnify, defend, and save harmless the City, its
officers, agents, 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 7. Books and Records of Grantee. A. Grantee shall
file with the City's Directors of Public Works and Public
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 Works 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 telecommuni-
cation line shall be made available for inspection and audit by
City' s Director of Finance or his designate within ten ( 10) days
after any request for such inspection or audit shall be made.
C. Copies of all rules, regulations, terms, and conditions
established by Grantee for its operation under this franchise
shall be filed with the City Attorney.
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SECTION 8. Conditions of Street Occupancy. A. All
transmissions and distribution 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 con-
venience 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 absolutely necessary to service a
subscriber and not simply because it shall be more convenient,
economical, or profitable for Grantee to so operate, and then
only when expressly permitted in writing by the City' s Director
of Public Works, under such conditions as he shall prescribe for
the public welfare, 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 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 the construc-
tion, 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
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of installation of such cables, equipment, and wires shall have
been set forth upon a plot or map showing the existing poles,
streets, alleys, or highways within the city where such instal-
lations are proposed and submitted in writing by Grantee to the
City's Director of Public Works and approved by that department
in writing. Such approval or disapproval with the reasons
therefor, shall be given in writing to Grantee within a reason-
able period of time.
D. Should the Grantee be 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, then in
that event, before Grantee shall install or shall permit any
other parson to install for Grantee any of such property in the
street, the nature of such property shall be disclosed to the
City' s Director of Public Works for his approval as to the need
thereof and as to the location within the street and only
installed under such conditions as he and the Director of Public
Utilities shall prescribe concerning such location or
installation.
E. Whenever the City or State shall require the relocation
or reinstallation of any property of Grantee in any of the
streets of the city, it shall be the obligation of Grantee upon
notice of such requirement to immediately remove and relocate or
reinstall such property as may be reasonably necessary to meet
the requirements of the City or State. Such relocation, removal
or reinstallation by the Grantee shall be at the sole cost of
Grantee.
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F. Whenever in any place within the city, all the electric
and telephone utilities shall be located underground, it shall be
the obligation of the Grantee to locate or to cause its property
to be located underground within such places, however it is the
policy of the City to have the maximum amount, if not all, cable
possible underground and the City may direct the Grantee to
install cables underground when either electric or telephone
lines exist underground. If the electric utilities or telephone
utilities shall be located underground in any place within the
city after Grantee shall have previously installed its property,
nevertheless, Grantee shall at the same time or immediately
thereafter remove and relocate its property also underground in
such places. In areas of the city where utilities are under-
ground, Grantee may locate certain equipment above ground upon a
showing of necessity to and approval by the City' s Director of
Public Works. Facilities of the Grantee placed underground at
the property owner's request in an area where electric utilities
or telephone utilities are aerial shall be installed with the
additional expense paid by the property owner.
G. Grantee shall have the authority to trim trees
overhanging the streets of the city so as to prevent the
branches of such trees from coming in contact with Grantee's
wires and cable. All such trimming on City property shall be
done under the direction of the City and at the expense of
Grantee.
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H. In case of disturbance of any street caused by Grantee,
the Grantee shall at its own cost and expense and in a manner
approved by the City's Director of public works replace and
restore such street in as good a condition as before the work
involving such disturbance was done. Prior to commencing work in
the public way , Grantee will make application for a permit to
work in the public way from the office of the City Engineer.
Grantee will abide by all regulations and requirements of the
City Engineer for such works.
I. Grantee shall maintain, repair, and keep in good condi-
tion, to the satisfaction of City Engineer, for a period of one
year following such disturbance, all portions of a sidewalk or
street disturbed by it or its agents.
J. 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 Works.
K. If at any time in case of fire or disaster in the city
it shall become necessary in the judgment of the Mayor or the
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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.
L. 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
the public having occasion to use the portion of the streets
involved, or adjacent property.
SECTION 9. Initial System Installation. Within thirty (30)
days after the acceptance of the franchise, Grantee shall proceed
with due diligence to obtain all necessary permits and authoriza-
tions which are required in the conduct of its business, includ-
ing but not limited to any utility joint use agreements, and any
other permits and authorizations to he granted by duly consti-
tuted regulatory agencies having jurisdiction over the operation
of the system.
SECTION 10. Type and Capacity 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 City's
Director of Public Works of any changes in this section of its
proposal. No changes in the type and capacity of equipment to be
installed shall be allowed unless such change is at least equal
to or better than that proposed by Grantee in its application.
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SECTION 11. 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 12. 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.
B. The system and all parts thereof shall be subject to
the right of periodic inspection by the City.
SECTION 13. Grantee's Duty to Remove Its Properties from
the Public Streets. A. Following Grantee' s commencement of
service through and over its system, Grantee shall promptly
remove from the public streets where its properties are located
all or any part of the facilities so located when one or more of
the following enumerated conditions occur:
1. Grantee ceases to operate the system for a
continuous period of six (6) months from the date of said
cessation, 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.
3. The franchise is terminated or revoked pursuant to
notice as provided herein.
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B. Grantee shall be entitled to receive notice in writing
from the City setting forth one or more of the occurrences
hereinabove enumerated or such other occurrence hereinbefore or
hereinafter provided and shall have ninety (90) days from the
date upon which said notice is received to remove such properties
as hereinabove required.
SECTION 14. Operational Reports. Grantee shall furnish the
City's Director of Public Works 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
report to be made three (3) months after the construction
commencement date.
SECTION 15. 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 16. Compliance with State and Federal Laws. The
Grantee shall at all times comply with all laws and ordinances of
the City, the State of Utah, and the federal government or any
administrative agency thereof.
SECTION 17. Filing Communications with Regulatory Agencies.
Copies of all petitions, applications and communications
submitted by the Grantee to the Federal Communications
Commission, Securities and Exchange Commission, or any other
federal or state regulatory commission or agency having
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r
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 18. 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
more of such consents shall not render unnecessary any subsequent
consent or consents.
B. The 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
4
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 board and shall be subject and subordinate to the
rights of the City under this Ordinance or applicable law.
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SECTION 19. Revocation of Franchise. A. In addition to
all of the rights and powers reserved or pertaining to the City,
the City reserves as an additional and as a separate and distinct
power the right to terminate the franchise and all rights and
privileges' of the Grantee hereunder in any of the following
events or for any of the following reasons:
1. Grantee shall by act or omission violate any term
or condition of this ordinance and shall within thirty (30)
days following written demand by the City to effect such
compliance fail to do so.
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
at that time a consideration material to the continuance of
the franchise herein granted.
3. Grantee becomes insolvent, unable, or unwilling to
pay its debts or is adjudged a bankrupt or all or part of
Grantee's facilities should be sold under an instrument to
secure a debt and are not redeemable by Grantee within
thirty (30) days from said sale.
4. Grantee attempts to or does practice 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 effected unless or until the
City Council shall have adopted an ordinance setting forth the
cause and reasons for the revocation and the effective date
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thereof. Such ordinance shall not be adopted without thirty (30)
days' notice prior thereof to Grantee and an opportunity for
Grantee to be heard upon the proposed action of said proposed
ordinance. In the event such an ordinance is adopted and said
ordinance depends upon a finding of fact, such finding of fact as
made by the City Council after the hearing provided for shall be
conclusive.
C. The Grantee shall not be declared in fault 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 20. 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, or
expenses 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 the authority to
grant all or any part of the franchise.
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
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concerning any term or condition of the franchise not expressed
herein.
D. Grantee further acknowledges by acceptance of the fran-
chise 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 21. Failure of City to Enforce the Franchise. No
Waiver of the Terms Thereof. Grantee shall not be excused from
complying with any of terms and conditions of the franchise by
any failure of the City upon any one or more occasions to insist
upon or to seek compliance with any such terms or conditions.
SECTION 22. 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 the Grantee, such time shall be
deemed of the essence and any failure of the Grantee to perform
within time allotted shall always be sufficient grounds for the
City to revoke the franchise.
SECTION 23. Grantee Will Not Contest Validity of Franchise.
The Grantee agrees by the acceptance of the franchise that it
will not at any time set up against the City in any claim or
preceding any condition or term of the franchise as unreasonable,
arbitrary, or void or that the City had not power or authority to
make such term or condition, but shall be required to accept the
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validity of the terms and conditions of the franchise in their
entirety.
SECTION 24. Rights Reserved to the City. A. 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 telecommuni-
cation services under any conditions whatsoever acceptable
to the City, notwithstanding the same might later be alleged
to be more favorable than the rights granted herein.
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 25. Extension of City Limits. Upon the annexation
of any territory to the City, the right and franchise hereby
granted shall extend to the territory so annexed to the extent
the 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
hereof.
SECTION 26. Effective Date. This Ordinance shall take
effect upon the date of its first publication.
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Passed by the City Council of Salt Lake City, Utah, this
13� day of 5epte m b2Y 1988.
CHAIRPER N
ATTEST:
V-I Y ADER-
Transmitted to Mayor on
Mayor' s Action: Approved. Vetoed.
MAYOR
ATTEST:
CI 9CORDER
u b l,5k 4- a A 3 9,1
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STATE OF UTAH )
ss.
County of Salt Lake )
On personally appeared
before me PALMER A. DEPAULIS and KATHRYN MARSHALL, who, being by
me duly sworn, did say that they are the MAYOR and CITY RECORDER,
respectively, of SALT LAKE CITY CORPORATION, a municipal
corporation of the State of Utah, and said persons acknowledged
to me that said corporation executed the same.
NQtAjC��2�Yti v�
RY PUBLIC, residing in
S Lake County, Utah
r`���1 PUet
My Commission Expires: /0 �C9
LANRA 4.
Z
Q'
�T9TE O�J�
The foregoing franchise, upon its enactment, is
acknowledged and accepted by CUMMINS INTERMOUNTAIN, INC. , a Utah
corporation, this day of J-u � 1988.
By
Title:
ATTEST:
Titl".
hA
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STATE OF UTAH )
ss.
County of Salt Lake )
On the jays day of �-E J ft� � 1988, personally
appeared before me and
who, being by me duly
sworn, did say tie that ---awe- the
aInd of CUMMINS INTERMOUNTAIN, INC. ,
a Utah corporation, and that the foregoing instrument was signed
in behalf of said corporation by authority of a resolution of
its board of directors; and said persons acknowledged to me that
said corporation executed the same.
iNOTARY PUBLIC, resid' in
Salt Lake County, Utz
My Commission Expires:
( -
RLM:rc
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_ EXHIBIT "A"
LEGAL DESCRIPTION FOR CUMMINS INTERMOUNTAIN{ INC.
FRANCHISE EASEMENT ACROSS BROOKLYN AVENUE.
j
175.46
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SURVEYOR'S CERTIFICATE
1, Jack L. De Mass, do hereby certify that I am a Registered Land Surveyor, and that I hold Certificate
No. 3552, as prescribed by the Laws of Utah, and I have made a survey of the following described property:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 10 , ONTARIO
SUBDIVISION BLOCK 1, 5 — ACRE PLAT "A", BLOCK 24, SAME SAID POINT
OF BEGINNING BEING S0000015911E, 387.49 FEET AND N8905614011W,
175.46 FEET AND N00003'20"E, 8.25 FEET FROM THE SALT LAKE CITY
MONUMENT IN THE INTERSECTION OF FAYETTE AVENUE AND 300 WEST
STREET; AND RUNNING THENCE N89056140t1W ALONG THE NORTHERLY RIGHT—
OF—WAY LINE OF BROOKLYN AVENUE 10.00 FEET; THENCE S00003120"W,
66.00 FEET TO THE SOUTHERLY RIGHT—OF—WAY LINE OF BROOKLYN AVENUE;
THENCE S89056140"E ALONG SAID SOUTHERLY RIGHT—OF—LINgx— .00
FEET; THENCE N0 0°0 3'2 0"E, 6 6.0 0 FEET TO THE NORTHERL
WAY LINE OF BROOKLYN AVENUE TO THE POINT OF BEGINNIN .•••••••
CONTAINS 660.00 SQUARE FEET 1 ,`��••• ••.G�L
No. 3 2 .1
PREPARED FOR: K L. C�
r.
MR . RANDY BRANDR I ET DeMASS
ALPINE TELECOMMUNICATIONS, INC .
3661 W. 1987 $0. �'TgT••�Q ` P�
SALT LAKE CITY, UTAH 84104 S OF