The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-12-09

five cents per one thousand cubic feet:
and for the purpose of furtnerlng ana
assisting said New American Gas ana
Fuel Company. and its successors ana ana
assigns, in supplying said natural anu
fuel gas, the said New American Gas a ard
Fuei Company and its successors yi Sen
assigns, are hereby granted ana gwen
the right and privilege to use any alIt
all streets, avenues and alleys OF Sdlt
Lake City, under the supervision OF tnS
City Engineer. in which to lay ana
maintain mains and service pipes for
conveying and distributing said natural
and fuel gas as aforesaid throughout
And provided, that all streets, avenues
and alleys so used be speedily repaired
and put in as good condition by SAID
company. and to the satisfaction of the
City Engineer and Board of Public
Works of said city, as they were before
said excavations were made;
And provided further, that in the con-
struction, maintenance and operation of
said mains and service pipes, the said
grantee, and it successors and assigns,
shall lay pipe lines on both sides of the
streets where gas Is used, and shall nor
cross the streets by its service pipes, ex-
cept by permission of the City Council;
and the City Engineer shall designate
the location of such pipes, and the City
require the company, its successors and
assigns, 10 change the location of its
pipes or mains as occasion may require;
and said company, its successors and
such ordinances, rules and regulations
as are now in force or may hereafter be
adopted by the City Council of said city
in relation thereto.
Section 2. That Salt Lake City shall
in no way be liable or responsible for
any accident or damage that may occur
in the construction or operation of SAD
mains and service pipes, by reason OF
the default or misconduct of said gran
tee, it's successors and assigns or its or
their employees, and the acceptance OF
this grant shall be deemed an aSreement
on the part of the said grantee for itself
and its successors and assigns 10 save
the said city harmless from and against
all liability, loss, costs, expenses ana
damage of any nature arising OUT OF
such default or misconduct. or which
may accrue by reason of any accident
or injury which may occur in or by reas
son of the construction or operation OF
said mains and service pipes. and 10
indemnify and repay SAID city for any
loss, costs, expense or damage OF any
kind it may sustain by reason or suen
default, misconduct accident or injury;
and if any Judgment for damages for
any such default, misconduct, accident
or injury shall be recovered against sad
city, the recovery thereof and the Judg-
ment therefor shall be final as between
the said city and said grantee and IT'S
successors and assigns, and snail De
conclusive as to the amount OF damages
and the liabilities OF the latter 10 L ta5
former; Provided, said grantee mas h4d
notice of the tendency of the SUIT IN
which said judgment is recovered, and
had been given an opportunity to defend
the same.
Section 8. This grant shall be null and
void if said New American Gas ana
Fuel Company. or its successors anu no
assigns shall fail within three months
from the passage of this bill into an or
dinance to lay or cause to be lad mains
and pipes from their gas wells to East
Temple street in Salt Lake city, IerTl-
tory of Utah, pipe not , lesi s hawev siA
that any delay caused or time Consumer
by injunction or any order OF court, or
any unavoidable accident or decay, S haA
neither be counted nor work forfeiture
Section 4. Said New American Gas
and Fuel Company or its assigns shaH
use only the best and most approved
mains and services, such mains to, be
Inspected and subject to the approval Oh
the City Engineer.
Section 5. If at any time. sald conf conf
pany upon notice from the City Council
shall fail, neglect or refuse for period
of sixty days to comply with any pro-
vision of this franchise TO be by 1t COM
fuse for sixty days to comply with any
regulation which may hereafter be law
fully imposed by the Citv Council, this
franchise and all rights under it shall
forfeited, and the city shall t once upon
such forfeiture have the right to require
all pipes and other property OF said
company to be removed from its streets
by said company.
Section g. The franchise herein granted
shall. not be operative unless said COM
pany shall, within ten days from the
date of its passage and approval, file
with the City Recorder its acceptance IN
writing Of the terms hereof.
Section Z. This ordinance shall take
effect from and after its approval.
Passed by the City Council Of Salt
Lake City, Territory of Utah. November
10th, 1894. and referred to the Mayor for
his approval.
[Seal.J G. H. BACKMAN.
City Recorder.
Territory of Utah, City and County Of
Salt Lake. SIS. 1, G.. H. Backman, Re
corder in and for said city do hereby
certify that the above and foregoing is
a full, true and correct copy of An
Ordinance for the construction and
maintenance of street mains and SER
vices for utilizing and distributing nat
ural and manufactured gas in the city
of Salt Lake, Utah Territory passed
by the City Council OF Salt Lake City,
Territory of Utah. November goth, 1891,
and approved by the Mayor November
22nd, 1894 as appears of record in my
Office.
Witness my hand and the corporate seal
of said city this the 9th day Of Novem-
Der, A. D. 1884.
TSeal.l G. H. BAChMAN,
Is. No. III City Recorder.