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Show ' Board of Equalization and Review, heretofore duly appointed by the City Council for that purpose, of the property abutting on the east side of Twelfth East street, from First South str t south 288.75 feet, on the south sid of First South street from Twelfth East street to Thirteenth East stree, on the west side of Thirteenth East street from First South street to Second South street, and on the east side of Thirteenth East street from Second South street north 264 feet, in Sidewalk Districts Nos. 4 and 23, of Salt Lake City, for the. purpose of constructing sidewalks upon said portions of said streets, is hereby confirmed, and the assessments made and returned in said completed lists are hereby confirmed. Section 2. This ordinance shall take effect upon approval. Passed by the City Council of Salt Lake City, Utah, November 24th, 1902, and referred to the Mayor for his ap- J. O. NYSTROM, proval. City Recorder. Approved this 26th day of Novenv EZRA THOMPSON, her, 1002. Mayor. State of Utah, City and County of Salt Lake ss. I, J. O. Nystrom, City Recorder of Salt Lake City, Utah, do hereby certify that the above and foregoing is a full, true and correct copy of an ordinance entitled, An ordi-- lance confirming the assessment upon the property on the east side of Twelfth East street, from First South street south 288.75 feet, on the south ide of First South street, from Twelfth East street to Thirteenth East street, on the west side of Thirteenth East street, from First South street to Second South street, and on the east side of Thirteenth East street, from Second South street north 264 feet, in Sidewalk Districts Nos. 4 and 23, for the construction of sidewalks. Passed by the City Council of Salt Lake City, Utah, November 24th, 1902, and approved by the Mayor November 26th, 1902, as appears of record in my office. In witness whereof I have hereunto :et my hand and affixed the corporate of said city, this 26th day of No-- , rl ember, 1902. (Seal.) Bill No. 118. J. O. NYSTROM, City Recorder. Sidewalk Extension No. 27. AN ORDINANCE. An Ordinance Granting a Franchise to the Utah Home Telephone Company, a Corporation. Whereas, It is the avowed intention of the Utah Home Telephone Company, a corporation, to construct, maintain and operate in Salt Lake City, Og-en and in other cities and towns iroughout the State of Utah, telephone exchanges, and to .onnect said cities and towns by toll lines and to establish a telephone system to cover the entire State of Utah, and, Whereas, It is the avowed intention of said corporation to Install in said xchanges and in connection with said til lines the most modem apparatus, id to equip the entire telephone sys-n- n by it operated, in accordance with most modem engineering prac-rejs and, Whereas, It is the avowed intention i;Baid corporation to maintain a tele-don-e system separate and distinct ram, and at all times in constant com- etition with all other telephone companies in the State of Utah, and, Whereas, In order to provide for the iture growth and development of Salt inde-vende- nt s, - ike City, and the constantly lncreas-- g demand for telephone service, it the Intention of said corporation t j install an exchange which shall have a capacity of not less than three thousand (3,000) complete metallic circuits, and, TRUTH. Whereas, It is the avowed intention of said corporation and its incorpora- tors and promoters to remain at all times an independent telephone company having no connection with any other telephone company whatsoever, and to keep the management and control of said company in the hands of actual and bona fide residents of the State of Utah, to the end that the est possible benefits accruing fromlargthe operations of said company shall be and remain with the people of the State of Utah. Now, therefore, be it ordained by the city council of Salt Lake City: Section 1. That the Utah Home Telephone Company, hereinafter called the grantee, its successors and assigns, have the authority and consent of the City Council, and permission is hereby granted It, to construct, erect and maintain upon, operate, along, through, under and in the streets, al leys, lanes and public places of said City, all necessary poles, posts, cables, wires, conduits and other suitable materials, appliances and appurtenances necessary and requisite to the operation and maintenance of a telephone exchange In said city, for a period of fifty (50) years. Section 2. All wires and cables within the following described district hall be placed underground In conduits or otherwise, or' East Temple street, Main, rom South to street Temple Fourth South street; West Temple street from South Temple to Fourth South street; State street from North Temple to Fourth South street; South Temple street from the east line of State street to Third West street; First South street from the east line of State street to West Temple street; Second South street from the east line of State street to Sixth West street; Third South street from the east line of State street to West Temple street All poles and posts used by the. grantee herein, its successors and assigns, shall be reasonably straight, and at all points where there Is an unusual strain, shall be sufficiently stayed in workmanlike manner, and at all points shall be so placed as not to Interfere with travel or the ordinary use of the streets, and shall further comply with the terms and requirements of existing ordinance or ordinances which may be hereafter passed, in relation to size, height, painting and position of the wires thereon. Section 3. That the said grantee, its uccessors and assigns, shall furnish, ualntain and keep in repair free of harge, telephones not exceeding for-(40) in number, for the use of Salt s ake City; the location of which the as directed shall be Ly jity Council, and provided that, after he expiration of two years from the late of granting this franchise the aid grantee shall, upon demand by he City Council, furnish to Salt Lake ;ity such additional telephones as said lty may require and said Council not exceeding ten (10). Section 4. The right to purchase he entire plant, property and fran-hisof the grantee herein within the mits of Salt Lake City, including he'- appurtenances, appliances, Instruments and other prop-rtis hereby reserved by Salt Lake Jity, a municipality, and said shall have the right at any Ime it may deem fit, to purchase said itself of said iroperty and ranchise upon payment therefor of a reasonable sum, to be fixed air y arbitration or by Judgment ofupona ourt of competent jurisdiction ondemnation thereof, the grantee terein and its successors and assigns y acceptance hereof expresslyfor the to such condemnation urpose of fixing the purchase price of ts said property. Section 5. The rate or rental of telehones used for business purposes to-wl- t: y tele-ihone- -- de-aan- e ! ex-hang- - y mu-icipall- ty ss con-entin- g vC?,rporate 1ImIt8 of Salt shall not exceed the sum of Je forty-eig($48.00) dollars per year; the rote or rental of telephones for private residences within corporate limits of said City shall the not exceed the sum of thirty ($30.00) dollars per year. Section 6. Any combination, secret agreement or understanding or pooling, or agreement to pool between the grantee, Its successors or assigns, and any other person, firm or corporation now engaged, or which may hereafter engage in the construction, maintenance and operation of any line or lines, exchange or telephone exchanges within the limits of Salt Lake wherein or whereby and by whichCity, the rates charged for the use of telephones within the corporate limits of Salt Lake City shall be greater than the rates in Section 5 of this Ordinance named, shall cause and work a forfeiture of the franchise hereby granted, and the City Council of Salt Lake City hereby reserves the right to declare a forfeiture of this franchise as a penalty for any such combination, secret agreement, understanding or pooling, the grantee herein and its successors and assigns expressly agreeing and consenting to the jurisdiction of said Council to so declare. Section 7. All work done by ttc grantee herein in the public streets, lanes, alleys or other public places In said City shall be done by the grantee herein under the supervision of and subject to inspection by the City Engineer, the right being expressly reserved herein by the City Council acting through the then City Engineer, to condemn any work of construction not done or performed in accordance with the terms of this franchise, or contrary to existing ordinances, and to stop and prevent the continuation of any such work contrary to this franchise or existing ordinances. Section 8. The grantee herein, its successors and assigns, shall in erecting poles or posts, or In doing underground work in placing conduits or the like, disturb sidewalks and pavements in said city as little as possible and shall at all times after erecting poles or posts, wire or cables, and doing any underground work, replace all streets and pavements disturbed by them and leave said streets and pavements in equally as good condition as they were before being so disturbed. Section 9. The grantee herein, its successors and assigns, hereby assumes all liability for and agrees to Indemnify the city against any and all loss, costs or damages whatsoever adjudged or claimed against said city by reason of the erection, establishment, location and maintenance of any and all poles, posts, wires, conduits or the use of the same, or any of them, and from any and all loss, costs, or damages whatsoever arising in any manner from the use thereof, and the said grantee agrees to, and this franchise Is granted upon the express terms that said grantee will, before it commences any work of construction, file with the city recorder of Salt Lake City a good and sufficient bond in the sum of twenty-fiv- e thousand ($25,000.00) dollars, with sureties to be approved by the city council, to keep said city so indemnified and protected, and the exercise by the grantee herein, its successors and assigns, of any of the rights herein granted shall estop it from denying the acceptance of this franchise, with all its terms, conditions and liabilities. Section 10. The city council of Salt Lake City hereby expressly reserves the right to use, without cost or expense to it, any or all of the poles or conduits erected, constructed or maintained by the grantee herein for the purpose of stringing or laying such wires as may be necessary for use in its police and fire alarm system, or for other municipal purposes, provided that such wire shall not Interfere -- ht 15 witu the proper and reasonable use of said poics or conduits for the wires or the grantee. Section 11. This franchise is granted upon condition within six (C) months from tho that date 0L11 passag0 tho Santeo herein fban co?menco and continue without interruption the work of constructing erGctInS lta lines, and preparing and prosecute the same eanges, thereafter with reasonable diligence to completion, unless prevented by unforeseen accidents, or unavoidable delay in procuring material to be used In construction work. Bunpffi011 12, ,The srantee herein, its and assigns, shall, as fast Ti5eri?av?menJ of tho strcets of Salt extended, place its wires underground In conduits on the streets and !n adVanCe 0f meSt ex-press- iy bl8 franchiso and all the privileges herein granted shall be ?nnwIi?S8fefrr1Jbl0 by the grantce here-- p consent of the City Lake CIty eXCCpt after Sap i."8 or assigns, 8Uccessrs rtSif? offered to sell its entire property and to said city at a .reaso1nable privileges valuation, to be deter by arbitration if demanded by ouncI1 and raid v.lu councity cil have rejected or shall have T of nIcty (90) days refused prl0J upon said offer of sale r.tee termination of said board of iteation bo demanded. slT011!1 The fl'anchIso and herein and hereby granted ?ho lbe .voId. aml o! no effect unless Jw?n?ntiee hre,n BlialI within thir-from the passage here-- r th.tbo cIty border of Salt ts acceptance In ?L!hi; franchise, and all its term! conditions, and same time with said deposit at the city recorder a tP prfv-ileg- es 2 of twenty-fiv- e thou-san- d ($25,000.00) dollars, with good and sufficient sureties, to bo approved by the council, conditioned that the with all ?ere,in, wI11 comPly thereafter ordinances, resolutions and directions of the city council. Section 15. In consideration of the granting of the rights afid privileges ? Given, and by the of this franchise, the Utah acceptance Home Company hereby agrees to give to Salt Lake City one per cent of the gross earnings in Salt Lako City dur-Inthe life of this franchise, said sum to be paid to tho city treasurer of said city on or before the second Monday in January of each year. Section 16. This ordinance shall take effect upon its passage and approval. Fassed by the city council of Salt Lake City, Utah, November 21th, 1902 and referred to the mayor for his ap Tele-phon- e g proval. J. O. NYSTROM, City Recorder. vetoed by the mayor and again passed by the city council by s majority, Dec. 1, 1902. CHARLES COTTRELL, JR., two-third- President of the City Council. State of Utah, City and County of Salt Lake, ss. I, J. O. Nystrom, City Recorder of Salt Lake City, Utah, do hereby certify that the above and foregoing is a full, true and correct copy of an ordinance entitled, An ordinance granting a franchise to the Utah Home Telephone Company, a Corporation, passed by the city council of Salt TaTtp City, Utah, November 24th, 1902, and referred to the mayor for his approval; vetoed by the mayor and again passed by the city coui.cil by majority December 1st, 1902, as appears of record in my office. In witness whereof, I have hereunto set my hand and affixed the corporate seal of said City, this 2nd day of two-thir- ds December, 1902. (Seal.) Bill No. 119. J. 0. NYSTROM, City Recorder. |