The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-11

Rocky Mountain Bell Telephone company
me right to construct, operate and main
tain underground pipes or conduits and
wires or other conductors and appliances
for the transmission of electricity for tele-
phone and telegraph purposes in Salt Lake
city
Section l. lie it ordained by the City
Council of Salt Lake city; That the Rocky
Mountain Bell Telephone company. its
successors and assigns are hereby granted
the right to construct, operate and main
tain, along and across the streets, avenues.
alleys, or other public thoroughfares in
Quits with the necessary nanholes and
other appurtenances, and to place
in such pipes or eonduits wires or other
ffans95on and ID egS f6 for the
phone, telegraph and such other purposes
as the City Council may hereafter au-
Ihor1Ze. Also. the right to construct, oper-
ate and maintain branch pipes or conduits
containing wires or other conductors and
appliances for transmitting electricity for
the use of its several stations, patrons or
subscribers at such points in such manner
as may be best adapted to the respective
LOCATION and requirements.
Sec. z. All trenching or other eXcaVat-
ing and all renlling or other work done by
the grantee in any of the streets, avenues
alleys or public thoroughfares, shall be
under the supervision and to the salts
public works of Salt Lake city, AMI in
case any curb, gutter or pavement or
ether public property shall be displaced in
eACdNdIinS any Work hereln authorized
the same shall be restored by the CITY
under the supervision of its engineer and
hoard of public works, and the cost of
such restoration shall be paid by the
grantee; provided, that before said grantee
shall disturb any curb, gutter or pavement
or other public Improvement, il shall on
me request or the CITY Council or board
of public works, furnish a bond with good
and sufficient sureties to the satisfaction
of said Council or board of public works
to protect the city from all injury to its
CGS1 n fliet1r
Sec. 3. Before commencing on any sec
ton or division of the work herein au-
thorlzed, the, grantee, it's successors or
assigns. shall prepare and file with the
city engineer detailed plans of the pro-
posed work on such section or division,
showing its location, dimensions and
ceptable to the city engineer and board of
public works. And the work shall be per-
formed in strict accordance with the
plans so approved, and to the acceptance
of the city engineer and board of public
works.
Sec. 4. In all of the, pipes or conduits
constructed under authority of this or
dinance, the, grantee, its successors or
assigns; shall provide all the space nee
essary for the wires or other conductors
of the police and fire departments Of the
and such space shall be used by the city
free of cost or rent during the life of this
franchise. The city through its electrical
superintendent or other designated agents
shall have free access to said pipes or
conduits at all times for the purpose of
/ placing. replacing, repairing or re'novint,
it's wires or other conductors. for which
purpose it shall have equal rights with the
grantee, its successors or assigns.
Sec. ;. The location of all pipes and con-
Quits shall be such as will not interfere
with any sewer, gas or water pipe pre-
viously laid, and after the location of
said pipes or conduits shall have been
vided, the city shall not by subsequent
| grant or franchise to other parties, per
NIT the same to be interefered with eX-
| cept at the cost of the parties operating
under such subsequent franchise, and then
| only upon condition that any necessary
alteration shall be made under direction
| of the grantee herein, and to such extent
only as shall be determined by the city
| engineer and board of public works; and
as shall not permanently impair the fran
| chiSe hereby granted, or unnecessarily in
! terefere with or injure the structures
| operations or business of the said grantee
1 its successors or assigns
Sec 6. Salt Lake city shall in no way
be liable or responsible for any action OF
Damage that may occur in the construc
/ ton or operation of said pipes or condUtits
wires or other Appliances or appurtenances
! otherwise or at all, of the grantee, It's
successors or assigns, or any. OF its en-
| ployees, and the acceptance or this gram
! Shall be deemed on the part of the grantee
! for itself, its SUCCESSORS and assigns, tC
save the city harmless from and agains
all liability, loss, costs, expenses an6
=
/ such default or misconduct, or which may
! accrue by reason of any accident or in
I jury which may occur in or by reason d
| the construction or operation of san
pipes or conduitS, wires or other ap
| pliances or appurtenances, and to inden
/ nifty and repay said city for any loss
costs, expense or damage of any kim
/ it may sustain by reason of any such de
fault misconduct. accident or injury
which may be recovered against said city
! the recovery thereof and the judgmen
/ therefor shall be final as between the cit!
and the said grantee, its successors ans
assigns, and conclusive as to the liabilit,
of the latter to the former; Provided. sale
grantee shall have notice of the pendins
! Of any suit in which such Judgment is re
! covered and be given an opportunity 4
| defend the same, and provided further
| the grantee, its successors and assigns
| shall not be liable for any damage TO
! personal or other injuries arising from
! or growing out OF any negligence or wan
! of care on the part of said city, its agents
| or servants III its use OF said pipes or con
duits and appliances or appurlenances.
J Sec 7. Notning in this ordinance shall
! be construed as granting to The Rock,
| Mountain Bell Telephone company, its sue
cessers or assigns the exclusive right o
to prevent the city from granting TO othe
companies or individuals similar right
for like purposes,
term of thirty-tive years from the date .
the passa se of this ordinance.
Sec. g. If this grant with all the term
and conditions herein contained be no
accepted in writing by the grantee within
sixty days, or if the grantee. it's successor
or assigns, shall fail to place at least on
hundred miles of its wires or other con
dlctors in underground pipes or conduit
certance of this grant, then This franchis
shall become null and void, and all of tn
grantees rights hereunder shall be for
feited to the city.
ord moo hall tax al