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Show ORDINANCE NO. 2-77 AN ORDINANCE GRANTING GRANT-ING TO UTAH POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AS-SIGNS, AN ELECTRIC LIGHT, HEAT, AND POWER POW-ER FRANCHISE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: UT-AH: Section !. That there is hereby granted to Utah Power Pow-er & Light Company, its successors and assigns (herein called the "Grantee"), the right, privilege or franchise, until 2010, to construct, maintain main-tain and operate in the present pres-ent and future streets, alleys and public places in the city of Moab, Utah, and its successors, succes-sors, electric light and power line, together with all the necessary or desirable appurtenances appurt-enances (including underground under-ground conduits, poles, towers, tow-ers, wires, transmission lines, andtelegraph and telephone lines for its own use), for the purpose of supplying electricity elec-tricity to said city, the inhabitants inhab-itants thereof, and persons and corporations beyond the limits thereof, for lijjht, heat, power and other purposes. Section 2. Poles and towers shall be so erected as to interfere as little as possible with traffic over said streets and alleys. The location of all poles, towers and conduits shall be fixed under the supervision of the City Council Coun-cil of the city, but not so as unreasonably to interfere with the proper operation of said lines. The city reserves the right to alter streets, alleys and public ways and should said alteration require the change of location of Grantee's facilities, the Grantee Grant-ee upon request by the city in writing shall make such change at its own expense, Grantee will repair damage to roads caused by its Underground Under-ground Installations. Section 3. All lines constructed con-structed under this grant shall be constructed in accordance accord-ance with established practices prac-tices with respect to electrical construction. Section 4. The city shall in no way be liable or responsible responsi-ble for any accident or damage dam-age that may occur in the construction, operation or maintenance by the Grantee of its lines and appurtenances hereunder, and the acceptance accept-ance of this franchise shall be deemed an agreement on the part of said Grantee, its successors and assigns, to indemnify said city and hold it harmless against any and all liability , loss, cost, damage, or expense which may accrue to said city by reason of the neglect, default or misconduct of the Grantee in the construction, con-struction, operation or maintenance main-tenance of its lines and appurtenances appur-tenances hereunder. Section 5. Grantee shall collect from users and pay to said city as a franchise tax for the use of city property as herein provided and for all other rights and privileges herein granted a sum equal to one and one-half percent (l'j) of the Grantee's gToss revenues from the sale of electricity within the corporate corpor-ate limits of said city during the life of this franchise herein granted, excluding from said gToss revenues the amount received from said city for electric service furnished to it and excluding the revenue received from the sale of electricity to other local, state or federal government agencies agen-cies and after adjustment for the net write-off of uncollect -able accounts and corrections of bills theretofore rendered. Payments shall be made quarterly quar-terly within thirty days after the close of each quarter in each calendar year. Section 6. The Grantee shall file its written acceptance of this franchise with the Clerk of the City Council of the city thirty (30) days after passage. Section 7. This ordinance shall take effect as soon as it shall be published as required by law, deposited and recorded record-ed in the office of the clerk, and accepted as required herein. Passed by the City Council of the City of Moab, Utah, this 18 day of January, 1977. s Wm. Dean McDougald Mayor, City Council ATTEST: s David J. Bretzke City Recorder-Administrator Clerk, City Council Published in The Times-Independent Jan. 20, 1977. |