The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-09-08

See. 5. That said Salt Lake City shall
IN no way be liable for any accident or
damage that may occur in the laying of
SAID mains and pipes, or in the operation
OF any business conducted by the grant
eeS, under and by virtue of this fran
chise, by reason of the default or miscon-
duct OF said grantees or their employees.
and the acceptance of this grant shall be
1 deemed an agreement on the part of said
grantees for themselves to save said city
! harmless from and against any and all
liability loss, costs. expense or damage
4 from any cause arising out of any such
default or misconduct or which may ac-
crue by reason of any accident or injury
which may occur by reason OF any act
done by grantees. and To indemnify and
! repay said city for any loss, costs, eX-
pense or damage of any kind IL may sus-
/ tain by reason of any such default, mis-
: conduct, accident or injury. and If any
judgment for damages for any such de
fault, misconduct, accident or injury shall
be recovered against said city, the re-
covery thereof shall be final as between
said city and said grantees and con-
elusive as TO the liability of the latter 10
the former, provided, however. that the
. said grantees shall have had notice in
/ writing of the tendency of such action
in time TO appear and defend the same.
/ Sec. q That in the construction main
/ tenance and operation of said mains and
service pipes, the said grantees shall al
: all times conform TO such ordinances,
! rules and regulations as now exist or may
/ hereafter be adopted by the city council
| OF said city in relation thereto, and the
gas so furnished shall equal in efficiency
( the general standard efficiency of gas
/ used for like purposes in the cities of
/ New York, Chicago and Philadelphia.
Sec. Z. The grantees herein further agree
! that before they shall begin the laying OF
/ mains or make any excavations in any of
/ the streets, avenues, alleys or other public
I places in said city they Will give TO said
/ city an approved bond in the penal sum
] OF SO 10000 TO indemnify said city against
| loss ny which ~
| stoned by reason OF making such eXcaVa-
tons; and said grantees further agree TO
conduct the construction, operation and
maintenance or SAID mains and pipes IN
such a manner as 10 cause as little inn
| pedlment TO the common, ordinary use of
said streets as is consistent with reason
able diligence and proper workmanship,
and that they will at their own expense,
J promptly repair and put in IS good cOndi-
ton as before the openings were made,
every such portion of the streets, alleys
city, where such openings shall be made.
! See. Said grantees further agree
that the mains and service pipes and APP
paratus and system employed shall be up
TO the approved standard used in the
United States.
Sec 8. Said grantees further agree. that
If this franchise be not accepted in writ
ing within sixty days after its passage
and approval, or if work be not com
menced within six months after its ac-
ceptance. or if twenty miles of mains be
not laid within two years after the ac
ceDtance and ten additional miles each
year for the next two years thereafter, or
II Within three years after acceptance OF
TINS franchise gas be not delivered in
salt Lake City, as provided in section 3.
Jnen this franchise shall be void, provided
that no delay occasiOned by the act of
| God. the elements. strikes, lOckOuts, or
inability to procure with reasonable dill
! gence the delivery of machinery pipes,
apparatus and supplies shall be counted
| as a part of the time within which any
act is to be performed under this fran
chiSe. the said grantees further agree
! that If at any time, after reasonable no
tice in writing so to do, they shall fail,
neglect or refuse for sixty days to com
ply with any provision OF this franchise,
to be by them complied with, or shall,
after like notice, fail or refuse for sixty
days to comply with any reasonable reg
ulatiOn which may be lawfully imposed
| by the city council, then this franchise
and all rights hereunder shall, at the OPP
/ ton of the city council be forfeited, and
| the said city shall at once, upon such for
] fixture, have the right to require that all
! pipes and other property of said grantees
| be removed from its streets.
! Sec. 10. To the said grantees there Is
| further granted the right to require. at
/ their reasonable discretion, a guaranty
| deposit from parties proposing TO become
| consumers, the amount of which said
deposit shall be reasonable under the cir
| Gums tances under which said consumer
| proposes to use gas, which said deposit
~
! during the time the Same has been de
| posted shall be returned to the depos-
i5or when he ceases TO become co /
| sumner.
! Sec. H. That whenever and wherever
the word grantee" is used herein, the
/ same. in addition 70 its ordinary mean
! ing shall be construed 10 mean and III
| clude the heirs, executors, administrators
| and assigns Of the said grantees.
Sec. y. This Franchise shall not be
transferable or assignable except to
corporation organized under the laws OF
| the state of Utah.
| Sec. Is. In consideration OF the pre-
! misses, Salt Lake City agrees and Ordains
that during the life of said franchise as
| herein fixed il will not. by ordinance or
resolution, make any rules or regulations
/ in regard To the price of gas to be fur
/ nished for lighting or heating purposes
different from tho prices herein named
| nor shall the said grantees or theiF as
/ signs be Obliged to furnish gas 40 any
/ one for less prices than herein named;
! provided, however that If there shall
| hereafter be any new inventions or I'M
/ pToVements or conditions that Wills ma
/ terially reduce the cost of producing or
| distributing gas for lighting or heating
! purposes, then and in either event there
| shall be reasonable readJustment DN
| the city council and the mayor on the
| one part and the said grantees or their
assigns upon the other part, OF the rates
/ herein fixed.
In the event of disagreement between
er the said conditions authorizing re
/ adjustment of said rates have arisen as
above provided or as to the amount Of
reduction thereof, or both, then the same
shall be determined and ascertained by
! two competent and disintereSted apprais-
I Crs. the city and the said grantees each
| selecting one and the two so chosen
shall select a competent and disnterested
| umpire and the appraisers shall then
determine whether the said conditions
/ exist and what reduction or advance OF
= = 4 fgar
| ing 10 agree they shall submit their diff
ferentes 10 the umpire and the decision
! in writing of any two shall determine
/ the question.
! Each party shall bear equally the e&-
pense Of the appraisal.
In the event Of the said grantees. their
successors or assigns shall, upon demand
of the city council. refuse or neglect TO
proceed to arbitration for readiustment of
rates as herein provided. or shall fail to
carry into effect the rates when re-
adjusted as herein provided, then the city
council TeSeTTFG the right 10 alter, amend
and change this franchise in respect to
rates or charges for the services referred
to in this section.
Sec. A. The grantees further agree that
they will during the life of this franchise
beginning three years after their accept
anCe Of the same, furnish gas sufficient
30 heat the public library of the city, fire
stations Nos. ] and 3, the city Jail. police
station and old city hall. and the citY's
half of the joint City and County build
ing free of cost this obligation to ex-
tend not cniy to said buildings as they
now exist. but as they may hereafter be
rebuilt. improved added TO or repaired.
Sec. l.. The grantees further agree that
on or before their acceptance of this
franchise they viii deposit with the city
/ recorder good and sufficient bond in
! the sum of ten thousand dollars (SltOoOl.
approved by The mayor. the conditions of
said bond being that If the grantees shall
/ fail 10 commence work within six
months after their acceptance of this
franchise or if twenty miles of mains