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Show AN ORDINANCE AN ORDINANCE GRANTING TO SOUTHERN UTAH FOWER COMPANY COM-PANY AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE, o t Be it (.rda nej by the City Council Coun-cil nf tli.. c:iy of cedar City, Iron County, Slate i.r Ut:th, as follow t.i-wit ; SECriON 1. There is hereby granted to Southern South-ern Utah Power Company, a Utah Cor; cratum, its successors and assigns, as-signs, hereinafter cnlled the Grantee, Gran-tee, the right, pr'vilee, and franchise, fran-chise, from tlie tf fee live date of this Ordinance, to generate electricity electric-ity and to construct, maintain, and opera te; in the present and future streets clleys. and public places in Ced; r City, Utah, electric light and power lines together with a'. the necessary and desirable appurtenances, appurten-ances, including underground conduits, con-duits, Poles, Towers, Wires, trans-m:s.sion trans-m:s.sion lines and telephone lines for its own use, for the purpose at supplying electricity to said City, the inhabitants thereof, r.nd persons per-sons and corporatons beyond the limits thereof, for light, hrat, pw-er pw-er and other purposes. SUCTION 2. All poles and lines hereby authorized auth-orized to be erected In the streets alleys, or pu.lic places of said Cedar Ce-dar City shall be located in such1 a manner as will not unnecessarily or unreasonably interfere with the' ordinary and customary use of sa d streets, a'Jeys, end other public olaces; and before locating any n'v or additional poles and line here-' under, the said Grantee shall so-' cure the approval of the City Coun-' cil of said Cedar City or some nuth-1 orized officer of said city to the Jo- J cation proposed, and no such new. or additional poles, lines, or works sIilII be located otherwise than Jn such reasona'cle and appropriate lo-1 cations therefor as may be designate J ed by said City Council or some anthoi bed off ter of ald City. SECTiON 3. ' When the grantee, or its succt-a-1 sors or assigns, shall make any ex-1 cavation, dig any ditch, hole or' trench, or in any m.mnrr interfere witjt any strcrt. Uley. sidewalk.' cross-walk, pavement, or other public pub-lic places, the same shall, within a' reasonable time, be put in as good condition as it was before such in-' terference, and in case the same shall not be put In as good condition con-dition as it was before such interference inter-ference said Cedar City may do the necessary work in putting the same in such condition and the said Grantee and its successors and as-' i signs, by the acceptance of this franchise, agrees to pay the ex-jensc ex-jensc of the same. ' SECTION 4. Cedar City shall in no way be liable or responsible for any accident or damage that may occur In the construction, operation or ma nten-ance nten-ance by the Grantee of its generating, gen-erating, transmission and distribution distribu-tion facilities, or in the location of any poles or transmission lines in or above any public thoroughfare; and the acceptance of this franchise fran-chise shall be deemed an agreement on the part of the Grantee, its successors suc-cessors and assigns, to Indemnify said City and hold it harmless o-galnst o-galnst any and all liability, loss, cost, diunage or expense which may accrue to said City by reason of the neglect, default, or misconduct of the Grantee in the construction, operation or maintenance of its gen. crating, transmission and distribution distribu-tion facilities, or in the location of its poles and transmission lines In or above any public street or thoroughfare. SECTION 5. This franchise shall not be exclusive ex-clusive and the granting of slid franchise shall not be considered as any limitation on the right of siid City to grant a similar franchise or fiimilsr franchises to other persons per-sons or corporations for furnishing electricity to sMd City and iU Ju-ha'jltants; Ju-ha'jltants; nor shall the grunting of said franchise constitute any limitation on the right of said City to build a generating plant and distribution dis-tribution system for furnishing elec. trldty to Itself and Its inhabitants. SECTION Q. The term of this. JraticiU.se shall be for a period of ten years from the effective date of this Ordinance SECTION 7. In consideration of the granting of this franchise, the Grantee, its ruccessors and assigns, agrees: A. To Install without expense to Cedar City a modem street lighting light-ing system for Cedar City Main Street, at an estimated cost of $5.-500.03, $5.-500.03, consisting of 32 lamp posts 30 of which shall be equipped with 2503 lumen Mazda lamp fixtures, and 2 of which shall be equipped with 10.000 lumen sodium vnjr lamp fixtures, lq u installed at local. lo-cal. utm to ' be designated by the City Council of Cedar City. It l agreed that Grantee will tottiit the construction ot mJ street lighting svstcm as soon as the necessary materials can be secured, and, ihu-tee ihu-tee will complete the same with reasonable dispatch. Grantee a- grees to transfer title to ; id street Ujhtiuj systfin to Cedar dy wiun completed. B. To renv.vc ;ower distrlbuion poles from Cedar city sunts run- ' n'nj North and South in Cedar City, such program to tnmmenre Immediately after War Product .on Board Rt'strlctloas are lifted on il;c use of the nutteriuls needed, and sucll program shall be completed over u five- .war period on substantially sub-stantially the following schedule: a. Louring the first year after said restrictions are lilted. Mltv shall be removed on First East Street , between Second N.rtii Stint urd Second Second South Street, and on First West S reot between First North street and Second South Street, b. During the second year r.fter said restrictions are lifted, pols shall be removed on Second ISiist Street ':ctvccn First North Street and Stcond Sout'.t Street, and on Second West Street between Third , North Street and Second South . Street. j c. During the third year after ; said Restrictions are lifted, iles shall be removed on Third East Stnet from First North Street to Second South street, and on Third ! West Street between Third North Street and Second South Street. d. During the fourth year aft?r said Restrictions Hre lifted, poles shall be removed on Fourth East Street between Center Street and Second South, Street, and on Fourth West Street tetween Third North Street and Harding Avenue. e. During the fifth year after stile Restrictions are lifted, pules shall be lemovni on all street West of Fourth West Street. The Grantee's obligation to remove re-move electee light pultis shal be contingent upon Grantee's ability :y agreement or condemnation to obtain rights-of-way from property owners affected. The Grantee's oblgatton to remove re-move poles shnl not apply to t'fe reiiuivul cf poles used for sti'H't light inn purposes, but suoh street lighting poles shall be located a I places to b designated by the City Council of Cedar City. C. To immediately file with Public Pub-lic Service Commission of Utah a new rate schedule covering service used by Cedir Cty for street lighting light-ing purposes and service used by Cedar City for lighting and all other purpescs at the Ccdir City Airport, tiie City Building, the Cedar Ce-dar City Park, the Cedar City Swim-, rang Pool, and at all other loca-( Hons desired by the City, as set forth in an Instrument marked 'Exhibit A" attached hereto and made a part hereof by reference. D. To furnish and install at the cost expense of the Grantee, four suitable fluorescent lighting fix-! lures for lighting the Historic Building now located on the North end of the Cedar City Park, slid .lighting fixtures to be furnished , end Installed by Grantee without cost to Cedar City as soon as priority pri-ority rcsttict'ons thereon are lifted , by War Production Board, j E. The Grantee agrees to Immediately Im-mediately commence a study of the , problem of stiiably lighting the , Cedar City Park, and agrees with-, with-, In ninety (00) days from the effec-! effec-! tlve date of tills franchise to submit sub-mit to the City Council of Cedar I City a recommended plan for suitably suit-ably lighting said Cedar City Park. Orantee further agrees at the end . of five (5) years from the effective I date of this franchise to pay to Cedar City the sum of $1,000.00 in I cash to be used by Cedar City for the purchase and installation of a suitable lighting system for said Cedar City Park. P. To pay to Cedar City an annual an-nual Franchise Tax of $1,000.00 per year, said annual payment to be made in. advance, the first payment to be made within ten (10) days from the date of this franch.si and subsequent annual payments to be made within, ton (l0 days of each and vcry anniversary of the dui of this franchise, and continuing throughout the life J this franchLvo, bECTION 8 If any section, subsection, .sentence, .sen-tence, clause or paragraph of this ordlnanre is fur any reason held to b? unconstitutional, void or un lawful, such decision shall not affect af-fect the remaining portions of this Ordinance. SECTION 9 This ordinance' shall be deposited In the office of the City Recorder and shall forthwith be published In one Issue of the Iron County Record, a newspaper published In .Cedar City, Utah, and shall take 'effect on the twentieth day after Its publication or on the thlrthleth jday after Its final passage, which-ever which-ever of said datw u the most remote re-mote irom the final passage of this Ordinance. SECTION. 10 I The Grrtn'ti. its successors and fsixns, shu'l file its written acc(pt tancc of this franch.1 witn the , City R'cordu- f said Ocdnr City , within thirty O0 diji after I effective d ue of this OrdUnttce. Passed by the City Council of Cc,dnr Cily, Utah, and approved by Its Miyor this 23rd day of March. A. D., 1044. H. II. LUNT. Mayor Attest: MARGARET C. CARPENTER C.ty Recorder EXHIBIT A P. S. C. U. Schedule 4t. Cancels Schedule SL-1. Lssued : Effective: Southern Utah Power Compmy General Service to Cedar City Cjrporation Schedule No. 44 Availability: This rate rclicduls is available to Cedar City Corporat en for all lighting and pemvr purpose, for !'s own use, only. Application; This schedule Is for alternating' current single or three phase service ser-vice supplied where avall.ibL- i.t ap-I ap-I proximately 41C0, 241)0, 243 and 120 volts. Each point of delivery will bo measured sepajatcly by a single meter and billed separately under this schedule. Rate: First 1,000 Kilowatt hours per month 3c per K. W. II. j Next 1.5C0 Kilowatt hours per month . 2'sC per K. W. H. All additional Kilowatt hours pel I month - 2c per K. W. II. Minimum Monthly Charge: $2.00 er month for sir.gl: iha.,e service and $.0J per month t three phase service at .i!, o.u.t of delivery. Contract Perlvl, 5 jei'Hi Terms of Payment; The above rate tur net and apply ap-ply to all .ills paid with n fifteen 15i deys from date of billing. The gross bill will be obtained by ad-'dlng ad-'dlng five per cent (5'Ji to Hit bill Jai enmputfd unt'er the above rat. and will aply to such bll's as remain re-main unpaid flftren (if.) das wlter date of billing. CERTIFICATE State of Utah. County of Iron. sis. I, Marg ret Carpenter, being flrM 'duly sworn, on my cath depone .and say: That I am the duly elected, qualified and acting City Re:o:-Jer of Cedar City. Utah; tint I do jhew.y certify that the above and j foregoing is a f all, true and cor lect copy of an Ordinance entitled "An Ordinance Grant'.nj io Sauth-jern Sauth-jern Utah Power C"n pany An Electric Elec-tric Llgt, Heat and Power Kan-chu" Kan-chu" passed by the City Cnur.c'.l 'of Cedar City. U'u'.i. at a rcgulir 'meeting thwof hell on tlm 33rd day of Mnrch, A. D. 1944. th oriihu of which said OHtuwuice W nw on Illu and o( trw.i m my sal) oftlf. I IN WITNESS WIIKHEOF I li.ive hereunto set my hard and affixed the Ojtjiorate -'l of said City this 24th day of Mirch. A. D. 1014 ' i SEAL) MAROARrr C. CARPENTER City Recorder. |