The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-07-28

The resolutions winch VIII come befor,
the council are as follows. The first set
forth the intention OF the council II
the franchise which is held b,
the Independent Telephone company. i
reads as follows.
Initial Resolution.
: Whereas, 1t appears that the Utah
y Independent Telephone company r.
corporation organized under the laws
Of the state OF Utah, has been pur-
chased or absorbed by the Rocky
corporation. which latter corporation
has been In turn absorbed by the
Mountain States Telephone & Tele-
graph company, and
Whereas. One OF the principal CON
slderations for the granting by Salt
Lake city to said Utah Independent
Telephone company. which said com
pnay originally bore the the name of
Utah Home Telephone company, au-
thor'ty To construct. operate. erect
and maintain upon and along the
streets OF said municipality and other
public places, poles, wires and other
appliances and nppurtenanCes requi-
site TO the operation and maintenance
OF telephone exchange in said city,
was that said corporation should
maintain a telephone system separate
and distinct from. and at all times in
constant competition with. all other
telephone companies in the state OF
Utah, and,
Whereas, Said grant to said corpor-
alton was made with the avowed in
tention and understanding on the part
of said municipality, that said tele-
phone company should maintain and
operate a competitive telephone sys-
tenn, and.
Whereas II was the avowcd inten-
tion OF said corporation. as expressed
In the franchise granted to IL by said
municipality. TO remain a all times
an independent telephone company.
lA, s,,,1 II. .t---
telephone company whatever. and TO
keep the management and control OF
said company In the hands OF actual
and bona iide residents of the state
OF Utah, to the end that the largest
possible benefits accrulng from the
operations OF said company should be
and remain with the people OF the
state OF Utah. and.
Right to Purchase.
Whereas. The franchise granted to
of Salt Lake City. provides that the
right 10 purchase the entire plant.
property and franchise Of said cor
poration within the limits OF Salt
Lake City. including the appurten-
nenls and other property is reserved
by Salt Lake City. and that said mu-
nicipality shall have the right. at any
time II may deem fit, TO purchase said
franchise upon payment therefor OF
OF a fair and reasonable sum to be
fixed by arbitration or by judgment
OF n court OF competent jurisdiction
upon condemnation thereof. and.
Whereas. 1t Is provided by section
13 OF said franchise. This franchise
and all the privileges herein granted
shall be non -transferaole by the
OF the city council Of Salt Lake City,
except after the grantee. It's success
sors or assigns. shall have offered TO
sell Its entire property and privileges
10 said city al a reasonable Nalua-
tion, To be determined by arbitration
If demanded by the city council, and
said city council shall have rejected
or shall have for period Of ninety
OF sale or the determination Of said
board OF arbitration. II arbitration be
demanded" and.
Whereas. Said Utah Independent
prior TO the alleged purchase thereof
by the Rocky Mountain Bell Tele-
phone company. or at any other time
the consent or permission OF the city
council Of Salt Lake City. to or for
the transfer OF said franchise and
privileges and has never at any time
offered 10 sell its entire property and
privileges 10 said city. and said city
council has never nj any time con-
sentcd TO such transfer or attempted
transfer; now. therefore. be IL
Franchise Declaration.
Resolved, That this city council
Rocky Mountain Bell Telephone COM
pany, nor said Mountain States Tcle-
phone & Telegraph company, has ac-
quired any franchise OF privileges OF
any kind or nature. for the operation
OF telephone system I'm this munich
pality. BY virtue OF said alleged or
attempted transfer TO II or either Of
them by said Utah Independent Tcle-
phone company. o! any OF the fran
chiscs or privileges granted said last
named company by said municipality;
and said council hereby further de-
clarcs that said attempted transfer by
said Utah Independent Telephone
company TO snid Rocky Mountain Bell
Telephone company OF, by the last
States Telephone & Telegraph COM
pany. being without the consent or
permission OF Salt Lake City. and
being directly In contraventlon OF the
franchise granted 10 said Utah In
dependent Telephone company. is alb
solutely ineffective and nugatory. and
will not be In any manner recognized
! by thu municipality; be II further
Resolved, That the city recorder of
mit to tho Utnh Indcpe pendent Tcle-
phone company. the Rocky Noun
tain BclI Telcphone company and the
! Mountain States Telephone & Teie-
| graph company, uUlN c'IAIllfu copy
OF this resolution and TO obtain an
| admission of service thereof from
each OF said corporations.
Calls on City Attorney.
The second resolution is bricfer a
calls upon the city attorney TO ia
action. 1t is as follows:
Whereas. II appears that the Rocky
J Mountain Bell phone company
or the Mountain States Telephone &
Telegraph company Is attempting tc