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


Rocky Mountain Bell Telephone company
the right to construct, operate and main
tain underground pipes or conduits and
wires or other conductors and appliances
Tor the transmission of electricity for tele-
city.
Section l., lie it ordained by the City
Council of Salt Lake city; That the Rock
Mountain Bell Telephone company its
successors and assigns are hereby granted
the right to construct operate and main
alleys, or other public thorougtfares in
salt Lake city, underground pipes or con-
Quits with the necessary manholes and
other En-, a .I2p and to place
conductors and appliances for the
transmission Of electricity for teia-
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. 2. All trenching or other eXcaVat-
ing and all retilling 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
faction of the city engineer and board of
public works of Salt Lake city, AMI in
case any curb, gutter or pavement or
ether public property shall be displaced in
| excavating any work herein 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 paYemen1
or other public Improvement il shall on
| the request of the City Council or board
| of public works, furnish 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
! property by reason of such disturbance.
Sec. 3. Before commencing. on any Sec
| ton or division of the work herein au-
| thorized, the grantee, its 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
/ character and all such plans shall be ac-
ceptable to the city engineer and board vi
/ 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 OF
assigns, shall provide all the space nee
essary for the wires or other conductors
/ of the police and fire departments of the
| city, for telephone and telegraph purposes
| 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 agent:
shall have free access to said pipes oil
conduits at all times for the purpose o
placing, replacing, repairing or re'novin,
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 interior,
! with any sewer, gas or water pipe pre-
Viously laid. and after the location o.
said pipes or conduits shall have beer
| fixed in the manner hereinabove pro
vided the. city shall not by subsequen
| grant or franchise to other parties, per
nit the same to be interefered with ex
cept at the cost of the parties operatin.
under such subsequent franchise, and thel
only upon condition that any necessar,
alteration shall be made under direction
of the grantee herein, and to such eXten
only as shall be determined by the cit.
engineer and board of public works; ant
as shall not permanently impair the fran
chiSe hereby granted, or unnecessarily in
terefeTe with or injuTe the structures
operations or business of the said grantee
its successors or assigns.
Sec. 6. Salt Lake city shall in no wa.
be liable or responsible for any action o
Damage that may occur in the construc
ton or operation of said pipes or conduits
wires or other appliances or aPpurtenance
by reason of the default or misconduct, o
otherwise or at all, of the grantee, it
successors or assigns, or any OF its en-
ployeeS, and the acceptance or this gran
Shall be deemed on the part of the granite
for itself, its successors and assigns, L
save the city harmless from and againS
all liability loss, costs, expenses an
damages of any nature arising out of an
such default or misconduct, or which ma
accrue by reason OF any accident or in
Jury which may occur in OF by reason o
the construction or operation of san
pipes or conduits, wires or other mp
plianceS or appurtenanceS, and to indenl
nifv and repay said city for any loss
costs, expense or damage of any kim
it pay sustain by reason of any such de
fault, misconduct. accident or injlr
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 an
assigns, and conclusive as to the liabilit
of the latter to the former; Provided. sal
grantee shall have notice of the pendin
Of any suit in which such Judgment is re
covered and be given an opportunity I
defend the same, and provided further
the grantee its successors and assigns
personal or other injuries arising fror
or growing out OF any negligence or wan
of care on the part of said city, its agent
or servants. i'll its use OF said pipes or cor
duits and appliances or appurtenances.
Sec T. Nothing in this ordinance sha
be construed as granting to me Rock
Mountain Bell Telephone company, its sue
cesserS or assigns the exclusive right
to prevent the city from granting TO othe
companies or individuals similar right
for like purposes,
Sec. 8. This franchise is granted, for
term of tlirty-tive years from the date :
the passage of this ordinance
Sec. g. If this grant with all the term
and conditions herein contained be nc
accepted in writing by the grantee With
sixty days, or if the grantee. its successor
or assigns shall fail to place at least on
hundred miles of it's wires or other cor
dnctors in underground pipes or conduit
within one year after the date of its az
ceptance of this grant, then Ibis franchis
shall become null and void, and all of til
grantees rights hereunder shall be fol-
Go ia T,hie c,1iy,ap.a shall taIse effaf