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Show said dates is most remote from the final passage of this Ord-, inance. ., ; . t t ' " Section id. This Franchise is granted on the terms and j the conditions herein contain- ed and Grantee shall file with ; the Clerk of the County of ! Iron a written acceptance hereto within thirty (30) days 1 after the passage of this Ordinance. Ord-inance. Section 11. The foregoing Ordinance was duly passed ; at a regular meeting of the Board of County Commission- j ers of Iron County, Utah, held j on the 10th day of February, SS Keith Smith Chairman, Iron County Commission To All of Which I Hereby Certify: SS Clair Hulet County Clerk (March 20, 1969 J to Iron County and its inhabitants., inhabi-tants., . Section 6.. The .term of , this franchise shall be for a period of fifty (50) years from and after effective date of this franchise hereinafter designated. desig-nated. Section 7. The provisions of this franchise and all rights, obligations and duties herein shall inure to and bo binding upon the Grantee, its successors suc-cessors and assigns. Section 8. If any section, sub-section, sentence, clause or paragraph of this Ordinance Ordi-nance is for any reason held to be unconstitutional, void or unlawful, such decision shall not effect the remaining portions por-tions of this Ordinance. Section 9. This Ordinance shall be deposited in the Office Of-fice of the County Clerk of Iron County and shall forthwith forth-with be published in one issue is-sue of the Iron County Record, a newspaper published in Cedar Ce-dar City, Iron County, Utah, and shall take effect on the 20th day after its publication or on the 30th day after its final passage, whichever of ORDINANCE AN ORDINANCE OF THE COUNTY OF IRON, STATE OF UTAH, GRANTING TO CALIFORNIA-PACIFIC UTILITIES COMPANY, A CALIFORNIA CORPORATION AUTHORIZED TO DO BUSINESS IN UTAH, ITS SUCCESSORS AND ASSIGNS, AS-SIGNS, A FRANCHISE TO CONSTRUCT, OPERATE, ALTER, AL-TER, MAINTAIN AND USE ELECTRIC DISTRIBUTION AND TRANSMISSION SYSTEMS SYS-TEMS CONSISTING OF POLES, TOWERS, CROSS-ARMS, CROSS-ARMS, CONDUITS, CABLES, WIRES AND OTHER EQUIPMENT, EQUIP-MENT, FOR THE PURPOSE OF CONDUCTING, TRANS-I TRANS-I MITTING AND DISTRIBUT- ING OF ELECTRICITY AND I ELECTRICAL ENERGY FOR LIGHT, HEAT, AND POWER PURPOSES AND FOR ANY AND ALL OTHER PURPOSES FOR WHICH ELECTRICITY CAN BE USED, ON, ALONG, UPON, IN, UNDER AND ACROSS THE STREETS, ALLEYS, AL-LEYS, PUBLIC HIGHWAYS AND PUBLIC PLACES WITHIN WITH-IN THE COUNTY OF IRON, STATE OF UTAH, EXCEPTING THEREFROM ANY PORTION OF SAID TERRITORY NOW WITHIN THE LIMITS OF ANY INCORPORATED CITY. THE COMMISSIONERS OF IRON COUNTY, UTAH, DO ORDAIN AS FOLLOWS: Section 1. That a franchise be, and the same is hereby, granted to. CalifovniaiPacifie Utilities Company, a Corporation Corpora-tion organized and existing under and by virtue of the laws of California, and authorized author-ized to do business in Utah, its successors and assigns, a franchise to construct, operate alter, maintain, and use an electric distribution and transmission trans-mission system consisting of poles, towers, crossarms, conduits, con-duits, cables, wires and other equipment, for the purpose of conducting, transmitting and distributing electricity and electrical energy for light, heat, and power purposes and for any and all purposes for which electricity can be used, on, along, upon, in, under and across the streets, alleys, public pub-lic highways and public places within the County of Iron, State of Utah, excepting therefrom any portions of said territory now within the limits of any incorporated city- Section 2. The electrical transmission and distribution system to be constructed and operated under this franchise shall be built in a good and workmanlike manner and all material and wires extending from and along any of said streets or highways or public places shall be placed at such j reasonable height or distance, therefrom as said Board of pense, or damage from any I poles will not interfere with the public use of said highways high-ways for public repair or travel. tra-vel. Section 4. Iron County shall in no way be liable or responsible respon-sible for any accident or damage dam-age that may occur in the construction or maintenance of said line or lines, nor for any negligence or misconduct miscon-duct of said grantee, its successors suc-cessors or assigns, or any employee em-ployee of said Grantee; and the acceptance of this grant shall be deemed an agreement agree-ment on the part of said Grantee, its successors or assigns, as-signs, to save said Iron County Coun-ty harmless from or against all liability, loss, costs, ex-cause, ex-cause, either to persons or property arising out of negligence negli-gence of said Grantee or its successors or assigns, by reason rea-son of construction or maintenance main-tenance of said transmission lines, and if any judgment for damages for said negligence negli-gence or misconduct shall be recovered from such Iron County, the recovery thereof shall be final between said County and said grantee, and its successors and assigns and conclusive as to the liability, lia-bility, as to the latter to the former, provided however, that said Grantee or its successors, shall have had notice in writing writ-ing of the pendency of such action in time to aDnear. ans- wer and defend the same. Section 5. The franchise shall not be exclusive and the granting of said franchise shall not be considered as any limitation on the right of Iron County to grant a similar franchise or similar franchises to other persons or corporations corpora-tions for furnishing electricity ; Commissioners may by Ordi-j Ordi-j dance or resolution, provide, ' and in conformity with the I statutes of the State of Utah, and the rules and regulations, if any, of the Public Services Commission of Utah. Section 3. The County Commissioners Com-missioners of Iron County reserve re-serve the right to designate the particiular places upon said public highways where said poles may be erected and it shall be the duty of said Grantee and its successors or assigns, before erecting any of said poles, to give notice in writing to the Board of County Coun-ty Commissioners of Iron County Coun-ty of its intention to commence com-mence erecting poles upon the public highways and the County Commissioners shall have a reasonable time after such notice to designate the particular place upon said highway where the poles may be erected. The Board of County Commissioners also reserves re-serves the right to require said California Pacific Utilities Company and its successors and assigns, to change the location lo-cation of said pole or poles on said public highways erected erect-ed under terms of this franchise fran-chise when in the judgment of the Board of County Commissioners Com-missioners of Iron County necessity ne-cessity requires the location of any such pole or poles to be changed so that said pole or' |