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Show AN ORDINANCE GRANTING A NON- EXCLUSIVE E BY THE CITY OF S ALIN A, COUNTY OF SEVIER, STATE OF UTAH TO INTERMOUN- shall be publication. regulations and not reasonable INTRODUCED, READ, destructive of the rights ORDERED herein granted, and not in AND conflict with the laws of the State of Utah, or with fran- - orders of other authorities having jurisdiction in the premises. con- - POSTED PUBLISHED 20 AND 4 Page on with old shoes until God brings new ones. Arabic Proverb y, n Johnson, Main, Salina, Utah, seeks the right to exchange 8.25 ac. ft. of water as evidenced by 5 shares in Gooseberry Irr. Co., pgs. 67 - 68, Sevier River Decree. The water has been diverted from Gooseberry Creek, at a point as listed on page 68, Sevier River Decree; and used from Apr. 1 to Oct. 15 for the irrigation of 1131.8 acs. Hereafter, from Apr. 1 to Oct. 15, 8.25 ac. ft. of water is to be released into Gooseberry Creek, at a point same as heretofore; and from Apr. 1 to Oct. 15, 8.25 ac. ft. of water is to be diverted from a well, 100 - 500 ft. deep, at a point S. 1100 ft. E. 1100 ft. from NW. Cor. Sec. 30, T22S, R2E (9 mi. SE. of Salina); and used for the domestic purposes of 33 seasonal cabins. Protests resisting the of this apwith reasons plication therefor must be filed in duplicate with the State Engineer, 231 E. 400 S. Salt Lake City, Utah 84111, granting on or before Oct. 13, 1979. Dee C. Hansen STATE ENGINEER Published in the Salina Sun Aug. 30, Sept. 6 and 13, 1979. Use tea kettles or covered pans for boiling water. The water will boil faster because less heat escapes, and youll save time and energy. 1375 South State SALINA, UTAH 1 rights-of-wa- Dtts Mirottimig We Gan Handle flt! Dif rights-of-wa- Valley Printing Co. 60 East Main Street Salina, Utah Phone 529-367- 1 y, first-com- 7 The following application has been filed passed, adopted and ap- with the State Engineer to proved, this 20th day of exchange water in Sevier August, 1979. SECTION 5. County throughout the entire year unless otherwise s Leah Conover Location in designated. Any modification or Mayor SLB&M. of amendment the Exch. 1593 (63 area) provisions of Section 76.31 ATTEST: Estates, ParGooseberry of the Rules and s Don P. Burns co Markay tnership Regulations of the Federal City Clerk 290 W. lM-to- v-- 13, 1979 day of August, 66-ea- ;; "Go Thursday, September 1979. Legal Notice t THE SUN Notice to Water Users this TAIN CABLE VISION, INCORPORATED, ITS SUCCESSORS AND or damage any water SECTION 2. ASSIGNS, TO LOCATE, mains, sewer lines, or structures now other or BUILD, CONSTRUCT, Procedures have been AND OPERATE INTO, which may hereafter be in said adopted by the Company streets, WITHIN AND THROUGH placed any roads, lanes, and the City of Salina for THE CITY OF SALINA A alleys, or other the investigation Communications Comand CABLE DISTRIBUTION resolution of mission shall, to the extent and all public complainways places. AND SO TO DO SYSTEM, ts regarding operation of applicable, be incorBY MEANS OF PIPES, Company shall, for underwork which the subject community anporated herein by specific CONDUITS, CABLES. ground tenna and closed circuit of amendment this POLES, AND WIRES requires the disturbance electronic of The within one INVITATION TO BID (1) streets, system. agreement sidewalks, STRUNG THEREON, OR year from the effective OTHERWISE ON, OVER roads, alleys, or other Company shall at all times maintain either a business date of the Federal CoThe Sevier School UNDER, ACROSS AND public ways and places, office or an agent in the Com- District mmunications of Board THROUGH ALL submit a drawing showing unof missions modification or Education will accept City of Salina, Utah, in orlocation(s) ALLEYS, STREETS, for the der to facilitate the inamendment or at any time sealed bids for the VIADUCTS, BRIDGES, derground work, of and resolution of renewal of this fran- following vehicles on Oct. of received from the vestigation operation approval City LANES, AND OTHER of complaint. antenna Minor to the the chise, whichever occurs 11, 1979 at 9 a.m. in the prior doing engineer community WAYS AND PUBLIC commalfunction and work. television first. Monroe Elementary system. PLACES IN SAID CITY School : plaints shall be corrected Payments shall be made OF SAUNA AND FIXING within twenty-fou- r the or before on VII SECTION 3. ARTICLE (24) No. 10: 1964 Dodge 66- quarterly THE TERMS AND CONhours of the receipt of first days of January, passenger bus. DITIONS THEREOF. In the event that the and October of Any person or persons No. 14: 1964 Dodge complaint, weather perApril, July, fails within a Company The Company year. In computing who shall maliciously in- passenger bus. ARTICLE I reasonable time to repair mitting. shall provide notice of the the gross received from terfere with, hook them- - No. 51: 1951 Dodge in a workmanlike manner Ser- - selves stake truck, up, molest or Whenever the word City any sidewalk, graveled or procedures for reporting the Cable Television said under and disturb any of the wires or No. 58: 1951 GMC cab and vices resolving complaints provided is hereinafter employed, it paved street, road or alley to each subscriber at the permit, charges for in- - other fixtures of said chassis, shall designate the City of or other improvement as time of initial subscription or connection Company shall be deemed No. 66: 1968 Ford Fairlane stallation Ut2 Sevier in Section above, to the Salina, County, agreed work shall not be included, guilty of a misdemeanor, sedan. community ah, the grantor, and the City Council shall in- antennasubject system. be Payments for the portions and upon conviction shall Vehicles may whenever the word Com- struct the City Clerk to of the initial and terminal forfeit and pay unto said examined at the Sevier pany is used, it shall notify the Company by SECTION 3. bus District years of this franchise City of Salina a fine of not School designate not only Inter- registered or certified shall be made on the basis less than fifty dollars garage, 420 W. 2nd S., mountain Cablevision, mail, return receipt The agrees to of revenue as above ($50.00) nor more than Richfield, Utah, between 8 Inc., the grantee, but also requested, that the Com- within Company one from the derived from the months three hundred dollars a.m. and 3 p.m. Monday year its successors and assigns. pany is in default of Sec- effective of this ordate and portions of months in ($300.00) for each offense, through Friday, tion 2 of Article II of this dinance have the system which this franchise is in ARTICLE II Ordinance, and unless the to effect. For the purpose of ARTICLE VIII Samuel D. Ware sufficiently complete default is corrected within to ascertaining or auditing and service Director Business & provide SECTION 1. after the (60) days sixty the connecting of the correct amount to be If any section, subsecbegin Support Services date of the notice, the subscribers to the under the provisions tion, sentence, clause, system, paid to is There the franchise , granted hereby granted further of this paragraph, the City phrase, or portion of this Published in the Salina to the Company the non- Company shall be ter- and Company to have the system Clerk andor any commit- Ordinance is for any Sun Sept. 13, 20, and 27, exclusive right, privilege minated and the Company agrees (90) tee appointed by the City reasons held invalid or un- 1979. and authority to locate, shall cease to operate its ninety percent by two years Council of said City shall constitutional by any court complete build, construct, acquire facilities. from the effective date of have access to the books of of competent jurisdiction, purchase, extend, mainthis ordinance. said Company for the pur- such provision and such tain and operate into, SECTION 4. pose of checking the gross holding shall not affect the within, and through said SECTION 4. revenues received from validity of the remaining Dont tailgate when The Company shall so City a television cable said hereof. within portions driving. Youll youre operations distribution system, with maintain its structures, The City Council finds waste gas if you drive too The Company agrees to City. the right to substitute apparatus, equipment, this Ordinance necessary close to the car ahead a free cable therefor any and all types poles, wires, cables, pipes provide VI for the immediate preser- because youll have to television outlet and free ARTICLE of television distribution and conduits as to afford vation of the public health brake and accelerate conservice to each and relay stations, and so all reasonable protection monthly office building, fire SECTION 1. and public safety and stantly. Good driving City to do subject to all against injury or damage determines that it shall habits will save you station, police station, prevailing Federal Com- to persons or property church and school within shall take effect immediately gasoline and money. Ordinance This munication Commission therefrom, with all cables the become effective, as upon its final passage and City. regulations, with the right to be buried at such depths provided by law, thirty and privileges for the as required by the SECTION 5. (30) days after its period and upon the terms National Electrical Code following final publication and conditions hereinafter Standards of the National The Company shall only passage, upon acceptance specified to furnish, sell, Board of Underwriters, be required to provide in writing by the Company and distribute the benefits and the Company shall television and radio within said period, and the of such a system to the save the City harmless to the subscribers terms, conditions, and signals inhabitants of the City, by from all liability or within the which are covenants thereof shall and means of pipes, conduits, damage all within a Cityreasonable remain in full force and cables, poles, with wire reasonable expense (300 feet) of the feet for a period of twenty strung thereon or other- necessarily accruing existing cable system. The (20) years from and after wise, on, over, under, against the City arising Company be said effective date, shall along, across, and through out of the negligent exerto construct new required of the all streets, alleys, bridges, cise by Company the plant at no extra cost to SECTION 2. roads, lanes, and other rights and privileges the subscriber, when the public ways and places in hereby granted; provided, density reaches Upon the expiration of said City, and on, over, however) that" the Com- housing seven (7) dwellings per this franchise, if the Comunder, along, across and pany shall have had quarter (V4) mile of cable pany shall not have through extension, connotice of the pendency of plant. acquired an extension or nection with or con- any action against the City renewal thereof and actinuation of the same arising out of such exer- SECTION 6. cepted same, it may have, andor on, over, under, cise by the Company of and it is hereby granted, along, across, and through said rights and privileges The Company shall an- the right to enter upon the any and all such new and be permitted at its nually submit to the City streets, alleys, bridges, streets, alleys, viaducts, own expense to appear Council at its regular viaducts, roads, lanes, bridges, roads, lanes, and and defend or assist in the meeting in the month of and other other public ways and defense of same. a schedule of the public places of the City, January places as may be hereafFurthermore, to insure fees to be for its for the purpose of ter laid out, platted, proper performance of the services charged in the next removing therefrom any dedicated, opened, covenants and agreemen- following twelve (12) mon- or all of its plant, struclocated, obtained or con- ts assumed in this Section, th period, and unless a tures, pipes, conduits, structed within the the Company shall keep on protest is made by the City cables, poles, and wire or territory now or hereafter file with the City Clerk a Council, or a protest is equipment pertaining included in the boundaries certificate of general filed with the City Council thereto. In so removing of said City. liability insurance with before the regular said pipes, conduits, limits of coverage to be meeting of the Council in cables, poles and wire, the established by the City February, fee Company shall, at its own the Council from time to time. schedule shall be deemed expense and in a workSECTION 2. manlike manner, refill acceptable. ARTICLE III The Company is further any excavations that shall the be made by it in the ARTICLE IV right, granted privilege and authority to SECTION!. graveled or paved streets, The following minimum alleys, bridges, viaducts, excavate in, occupy and use any and all streets,, The Company shall cable television services roads, lanes, and other in- will be provided to all sub- public places, after the alleys, viaducts, bridges, engineer, construct, and stall otherwise at no additional removal of pipes, conscribers roads, lanes, and other public provide a system for the cost: One (1) channel for duits, poles or other strucways and places under the reception and tran- shared . access to be tures. supervision of properly smission of television available on a basis SECTION 3. constituted authority for signals that will provide to the purpose of providing a users in Salina, Utah to any resident of Sevier The rights, duties, cable distribution system satisfactory television County, Utah, upon apall when at times title and ina signals written apobligations, community propriate including television the of to the within terest Company' the appropriate television system Company; plication and through the City and transmitting stations are the access channel ser- hereunder may not be in the territory adjacent in operation, fire, flood, vice, described above, transferred or assigned by war, atmospheric con- shall be operated in ac- the Company without the thereto; provided, the prior written approval of with however, that the Com- ditions, or other general cordance and disaster the City, but such apof so Section its locate excepted, shall provisions pany works, and distribution such signals will be of such 76.251 of the Rules of the proval shall not be structures, lines equip- a quality as to provide on a Federal Communications unreasonably withheld by ment, pipes and conduits commercially produced Commission. In this the City. The provisions of within said City as to television set, in good regard, the shared access this section shall have no cause minimum inter- repair satisfactory audio channel will be made application to any conference with proper use of and visual reproduction of available free of charge solidation or merger of the streets, alleys, and other Salt Lake City, Utah for a period of five (5) Company with or a tranpublic ways and places channels numbered 2, 4, 5, years after the completion sfer to a corporation conof the cable systems basic trolled or managed by the and to cause minimum in- 7 and 11. terference with the rights If at any time it appears trunk line in Utah. Company. or reasonable convenience to the City Council at a However, with the excepof property owners whose regular meeting that the tion of live presentations SECTION 4. property adjoins any of service provided by the of five minutes or less, The right is hereby the said streets, alleys, or Company is not satisfac- production costs may be other public ways and tory, the City Council shall assessed for use of studio reserved to the City to places. Should it become notify the Company by facilities, equipment and adopt, from time to time, to the necessary for the Com- certified or registered technical assistance by in addition conreturn cable of the herein its mail, in receipt provisions personnel exercising pany, rights and performing its requested, specifying how system. The Companys tained, such Ordinances duties hereunder, to inter- the Company is in default local origination service as may be deemed fere with any sidewalk, of this Ordinance, and if shall be operated in ac- necessary in the exercise the of its police power, with graveled or paved streets, the default is reasonably cordance that such roads, alleys, or any other within the Companys provisions of Section provided rights-of-wa- ril ' FRAN-CHIS- power to correct, then, the Company unless its default is shall repair in a good and corrected within sixty (60) workmanlike manner days, or within any extensuch sidewalk, graveled or sion thereof from date of paved street, road, alley, the notice, the franchise or other improvement af- herein granted the Comter the installation of pany may be terminated pipes, conduits, poles or by resolution of the City other structures. The Council and the Company Company shall use due shall cease to operate its care not to interfere with facilities. public or private Legal Notice e, and 85 South Main Gunnison, Utah Phone 528-3- 1 11 -. . 1 |