The Lehi sun. [volume] (Lehi, Utah) 1913-1949, 1922-08-17

| 5hld pubic street, lane, aheyf aVenu
or place before the paving Is done
should said grantee elect so to do.
Section 3 That If this grant will
all the terms and conditions therein
lcontained be not accepted in writing
filed with the City Recorder by tn,
said grantee within sixty (60) day,
after the passage of this ordinance
or n the grantee shall fail to com
mence construction work by July 1
1923, and have two (2) miles of pipe
laid and be ready to supply gas by
September 10, 1923. then this grant
and franchise shall be null and void
and all the right thereby granted shall
wholly cease and terminate without
any act on the part of the City what.
ever; provided, however, that no de.
! lay due to the act of God, the ele.
nents, operation Of law, strikes, de.
lays In shipment of materials and
supplies or other unavoidable causes
beyond the grantees reasonable con-
| troll shall be permitted to work a
forfeiture of this franchise.
Section A In consideration of the
granting OF this franchise the grantee,
its successors, and assigns agree as
| follows:
FIRST, the grantee, its successors
or assigns shall pay to Lehi City for
he privileges granted by this ordin-
ance Tor the period OF time from
January /, 1924 TO January /, 1884,
Jne-half OF one percent (15eo), and
for the period of time from January
|, 1884 for the remainder of the life
Of this franchise, one percent 1@o),
of revenues OF the grantee derived
annually from the sales OF gas within
the corporate limits OF Lehi; said
payments to be in lieu of all license
ana occupation taxes;
Second, the term revenue as used
IN this section shall be construed to
mean that sum which the grantee
actually receives from the sale OF gas
within the corporate limits of Lehi;
as herein stated and shall be deter
mined from the books of the
grantee at the end OF each calendar
year; statement verified by the
treasurer or auditor of the grantee,
as to its truth and correctness, show
ing its said revenue for the preceding
year shall be delivered to the City
Recorder of the grantor on or before
February LIST Of each year; the books
of the grantee containing such re-
cords OF sales of gas within the
corporate limits of Lehi, shall be
opened for inspection and examination
by the City Recorder of the grantor
at any time after the receipt of said
statement for the purpose OF ascer-
tanning the amount OF such revenue;
said percent of the sales OF gas as
herein provided shall be paid on or
before March LIST OF each year next
the year in which said
sales OF gas shall have been made.
Section 8: The grantee shall ex-
end its gas mains or laterals when
ever It shall be assured of $300.0 90
'evenue per annum, for each five
5000 feet of extension or
major fraction thereof,
Section 6: That the City of Lehi
shall be In no wise liable or respon.
5ible for any accident or damage that
may occur in the construction or
operation Of said gas works or distri.
button system by reason OF the fault
or misconduct of said grantee, its sue.
cessors or assigns, or its employees;
and the acceptance of this grant shall
be deemed an agreement on the
part of said grantee, its successors or
assigns, to hold said City harmless
from and against any and all liability
or loss arising in or by reason of any
accident or injury which may occur
in or by reason of the fault or mis-.
conduct of said grantee in connection
with the construction or operation of
the said gas works or distribution
system, and to indemnity and repay
said City for any loss, cost, expense
or damage, including attorneys fees
of any kind which II may sustain by
reason OF any such negligence, default
or misconduct, and II any Judgment
for damage for any such negli-
gence, default or misconduct shall be
recovered against said City, the re-.
covery thereof shall be final as be.
tween the City and the grantee, its
successors or assigns, and conclusive
as TO the liability Of the latter to the
former; provided, however, that the
said grantee, its successors or as.
'ibhnt ShoA hoNb udu uOllCe IN WflLluB
OF the pendancy OF such action In time
to appear and answer the same and
opportunity afforded by the said City
to join in the defense thereof.
Section z: That in the construc.
ton, maintenance and operation of
said gas works mains, pipes and
laterals, said grantee shall at all times
conform to such ordinances as now
exist or which may hereafter be
adopted by said City in relation
thereto.
Section 8. That II at any time the
grantee fails or neglects for period
OF ninety 900 days to comply with
any OF the provisions OF this fran.
ehise, or with the ordinances or reso.
lutions OF the City of Lehl, after
having received notice in writing
from the City of such default. its
rights under this franchise shall be
forfeited.
Section 8; That whenever and
wherever the word grantee" is used
herein, the same. In addition to its
ordinary meaning, shall be construed
to mean and include the successors
or assigns of said grantee.