The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-09-22


city an approved bond in the penal sum
OF 100000 10 indemnify said city against
any loss or damage which may be occd-
stoned by reason of making such eNcaNa-
tons; and said grantees further agree 10
conduct the construction. operation ana
maintenance OF said mains and pipes IN
such a manner as TO cause as little I'M
pedlment TO the common, ordinary use or
said streets as is consistent with reason
able diligence and proper Workmanship,
and that they viii, at their own expense,
promptly repair and put in as good condi-
ton as before the OPENINGS We're made.
every such portion of the streets alleys.
avenues or other public places IN said
city. where such openings shall be made
Sec. S-Said grantees further agree
that the mains and service pipes and APP
paratus and system employed shall De up
TO the approved standard used in the
United States.
Sec. 8. sand grantees further agree. that
If this franchise be not accepted in writ
ing within sixty days after its passage
menced within six months aftsr its ac-
ceptance, or II twenty miles or mains De
not laid within two years after the ac-
ceDtance and ten additional miles each
year for the next two years thereafter, or
If within three years after accordance OF
this franchise gas be not delivered IL
Salt Lake City, as provided in section 3;
then 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
:
apparatus and supplies. shall be counted
as a part of the time within which any
act is to be performed under this fran
chtse. the said grantees further agree
that if at any time. after reasonable no
tice in writing so 10 DO they shall fall
neglect or refuse for sixty days to com
ply with any provision Of this franchise
10 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
nv ri
and all rights hereunder shall, at the OPP
ton of the city council. be forfeited, and
| the said city shall at once, upon such Tor,
| feiture, 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, al
| their reasonable discretion, a guaranty
/ deposit from parties proposing 10 become
! consumers, the amount of which said
| deposit shall be reasonable under the cir
/ cumstances under which said consumer
| proposes to use gas, which said deposit.
! with interest at 8 per cent per annum
! during the time the same has been de-
/ posted. shall be returned 10 the depos-
/ it0r when he ceases to become a co l.
sumter.
| Sec H. That whenever and wherever
/ the word grantee" is used herein, the
! same in addition to its ordinary mean
/ ing. shall be construed 10 mean and in
clude the heirs, executors administrators
and assigns Of the said grantees.
I
| transferable or assignable except TO
| corporation organized under the laws OF
| the state of Utah.
| Sec 49, In consideration of the pre-
/ misses, Salt Lake City agrees and ordains
| that during the life Of said franchise as
herein fixed ii 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 the prices herein named;
| nor shall the said grantees or their as
signs be obliged 10 furnish gas % any
/ one for less prices than herein named
| provided, however that If there shall
| hereafter be any new inventions or i'm
! proVements or conditions that will ma
/ terially reduce the cost Of producing or
distributing gas for lighting or heating
! purposes then and in either event there
/ shall be q reasonable readjustment by
| 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
! them either in respect to the fact Whetn-
er the said conditions authorizing a 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 asceTtained BY
| two competent and disinterested apprats-
| ers, the city and the said grantees each
/ selecting one, and the two so chosen
shall select competent and disinterested
. umDiTe, and the appraisers shall then
/ determine whether the said conditions
exist and what reduction or advance OF
rates should be made; and upon fail
! ing to agree. they shall submit their diff
I feTences TO the umpire, and the decision
( in writing of any two shall determine
] the question.
Each party shall bear equally the ex-
pense of the appraisal
In the event the said grantees, their
successors or assigns shall, upon demand
/ of the city council, refuse or neglect TO
/ proceed TO arbitration for readjustment or
no to in, TaH aln4fl foil a
carry into effect the rates when re-
adjusted as herein provided, then the city
} council reserves the right TO alter, amend
. and change this franchise in respect TO
rates or charges for the services referred
/ to in this section.
! Sec IA. 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
/ TO heat the public library of the city, fire
I stations Nos ] and g. the city jail, police
station and old city hail. and the cityS
/ half of the joint City and County build
} ing free OF cost, this obligation to eX-
/ tend not only to said buildings as they
now exist. but as they may hereafter be
| rebuilt, improved, added to CT repaired.
/ Sec 10. The grantees further agree that
, on or before their acceptance of this
I franchise they will deposit with the city
recorder a good and sufficient bond in
the sum of ten thousand dollars GlOOGO),
approved by the mayor, the conditions OF
said bond being that If the grantees shall
/ fail to commence work within six
months after their acceptance of this
franchise; or if twenty miles Of mains
be not LAID within two years after such
acceptance and ten additional miles each
/ year for the next two years thereafter,
/ or if gas be not delivered into the mains
of said city within three years from the
! time of their acceptance of this fran
| chise then Salt Lake City shall recover
as liquidated damages, from the ODiSees
and sureties In said bond, the sum Of
! ten thousand dollars $4,000. and the
! same shall be Immediately due and pay
! able upon the failure TO comply with
| each or any Of said foregoing conditions;
| Provided, however, - that the SAID
grantees shall have t&privilege if they
! elect so TO do 10 deD6sit with the civ
/ treasurer ten thousand dollars (s10.000) in
cash in lieu of said bond, TO be held sub
ject to the conditions in this section pro-
= Vided
If said bond be not given, or if SAID
| sum of ten thousand dollars (Slo,UOJl be
not deposited with the city treasurer upon
| acceptance by the grantees Of this fran
| chi-e, then and in that event this fran
! chise shall become absolutely null ana
, void
! Sec. IS This ordinance shall take eff
feet from and after its passage and APP
prevail.
Passed by the city council of Salt Lake
/ City, Utah. Sept. 9Th, 1895 and referred
TO the mayor for his approval.
J. :. CRITCHLOW,
City Recorder.
Approved this 7th day of September
FRANK J. HEWLETT,
Mayor Pro TEN.
State Of Utah.
City and County of Salt I.ake-ss.
L. g. 80. An Of a