108 of 1912 - Franchise, W. W. Armstrong, et al. ROLL CALL
Salt Lake City, Utah, . .___...Aug.__.21,... 191...2...
VOTING Yes j No move that Bill No. 108 be taken out of the hands of the
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"Keser 1 Committee of the Whole for cons ration at this meeting.
e Lawr.
Lawrence M' 7 ie
Morris 1_K'' ... .
Mr.Chairman . . . T".
RESULT Passed by the Board of Commissioners o f
Salt Lake City, Aug. 29, ].912.
P ayor _ C ty corder.
AN ORDINANCE .
An ordinance granting to W. W. Armstrong, W. R. Wallace, A. J
Evans, D. R. Beebe, J. B. Reeler, J. S. McBeth and Goo. C. Whitmor
Trustees, a. franchise and right of way for the construction and
operation of en electric railroad upon and over certain streets of
the City of Salt Lake.
Be it ordained by the Board of Commissioners of Salt Lake Cit ,
Utah:
SECTION 1. A franchise and right of way is hereby granted an
given to W. W. Armstrong, W. R. Wallace, A. J. Evans, D. R. Beebe,
J. B. Reeler, J. S. McBeth and Geo. C. Whitmore, Trustees, their
grantees and assigns, to lay, construct and operate a single or
double track standard gauge railroad, to be operated by electrical y
transmitted power, for the transportation of passengers, freight,
express and mail matter, which line of road is shown in yellow lin s
upon a blue print hereto annexed and made a part hereof, together
with such switches, wyes, turnouts, side-tracks and crossover trac s
as are shown to be necessary to reach freight and passenger ter-
minals; provided, that not more than two parallel tracks shall be
laid on any street; and to erect and maintain all necessary poles
carrying telephone, telegraph, trolley, power and transmission
wires, necessary to the operation of such road; all, however, under
and in accordance with the conditions and limitations hereinafter 1
in this ordinance specified. The streets included in, and to be
affected by this grant are as follows, to-wit:
Commencing at the south boundary line of Salt Lake City at or
near where said south boundary line is intersected with First West
Street; thence north along First Weo-.t Street to North Temple Street;
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aai.&o'er -o-t n'Dcxth TeuVTha Stree -to We •t Temple' Street; thence
I south on Wept-Temple Streit to Fourth South Street,- .thence we..at.-on
Pourth``,8ou th Street to- -First Crest Street.
SECTIONA. This franchise is granted subject to the follOWin
(a) No freight of any kind, nor freight care shall be hauled or
permitted north of Third South Street, nor east of the west property
line of West Temple Street, nor west of the east property line of
Second West Street; nor shall more than three freight cars (except
during construction of the road) be hauled in any one train within
the city limits, except between the hours of 10 p. m, and 6 a. m.
no, shall any coal, lime, rook, timber or live stook, except poultry,
be placed on any siding or turn out for the purpose of unloading same
north of Ninth South Street.
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city longer than five minutes, nor s'rar-Z .,__-__ - ;'
mail or passenger cars be loaded or unloaded on any street within
the city, except that _ ssenger cars may stop at any point to take
on or discharge passengers.
(d) Span construction shall be used for carrying wires, and
no poles for carrying telephone, telegraph, trolley, power, trans-
mission wires, or for any other purpose, shall be placed in the
traveled part of any street of said. city. All poles to be used by
the grantees, their successors or assigns, shall be of such size,
material and shape, and be placed at such places as may to dirccteG
by the City Engineer. It is distinctly understood that Solt Leaks
City shall have the right to use any or all of the poles erected
by said grantees, their successors and a,...signs, for the purpose of
placing thereon such wires, and for such other purposes as it may
require, the same not to interfere with the use of said poles by
the grantees, their successors and assigns.
(e) All railroad tracks upon paved streets shall be laid
upon a concrete base of such proportion, and upon ties of such
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conditions, viz:
(a) No - eight of any kind, or freii-t cars, shall be hauls
or pormitt- no th of Third S th root, nor s 1 any c al be -
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' hauled nZ.th of Ninth Sou+ f Street nor steal mo e tha ' th ee I
freight cars be hauls in any one t in w' pin le c. t.y limits ex-
cep oetv'een the hours of 10 P. M. and 6 A. M.
1 (b) All express and mail matter transported within the city
limits of this city shall be carried in cars of the same general
outer design and finish as the passenger cars operated in said
city, and the same shall be so constructed and arranged as to
entirely enclose all loaded matter.
(e) No passenger, freight, express or mail cars shall be per-
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mitted to stand on any track or switch on any street within the
city longer than five minutes, nor shall any freight, express,
mail or passenger cars be loaded or unloaded on any street within
the city, exeelt than• -,.,a"cscnger cars may stop at any point to take
on or discha.. ge passengers.
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(d) Span construction shall be used for carrying wires, and
no poles for carrying telephone, telegraph, trolley, power, trans-
mission wires, or for any other purpose, shall be placed in the
traveled part of any street of said city. All poles to be used by
the grantees, their successors or assign: , shall be of such size,
material and shape, aria be placed at such places as may be directed
by the City Engineer. It is distinctly understood that Salt Lake
City shall have the right to use any or all of the poles erected
by said grantees, their successors and signs, for the purpose of.
placing thereon suchwires, and for such other purposes as it may
require, the same not to interfere with. the use of said poles by
the grantees, their successors and assigns.
(0) All railroad. tracks upon paved streets shall be laid
upon a concrete base of such proportion, and upon tics of such
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material as may be directed by the City Engineer, and so as to con-
form to the established grade of the street upon which they are to
be laid, and. if the grade of the street is afterwards changed by
order of the city authorities, said grantees, their successors and
assigns, shall, at their own expense, change the said tracks to
conform thereto. Whenever said tracks are laid upon the unpaved
portion of any street, the grantees, their successors and assi;ns,
shall, at their own expense, gravel and maintain in good condition
said street at the established. g•r€de between tracks and twenty feet
on. each side of the outer rails, to the approval of the Supervisor
of Streets of said. city, said gravel to be placed and maintained
flush with the top of the rails. Whenever any part of on unpaved
street upon which said. railway is constructed shall be paved, the
grantees, their successors and assigns, shall pave, at their own
expense, between the rails and tracks, and for a space of two feet
outside of the cuter rail, with the same material as that used in
the street paving, and shall maintain the some in good condition a d
to the satisfaction of the Supervisor of Streets of said city. In
case said grantees, their successors or assigns shall, in the con-
struction of said tracks or roadbed, remove or disturb in any way
any pavement, crossing, waterway or other improvement, they shall
repair or replace the same, and place it in as good condition as
before such disturbance or removal, and to the satisfaction of the
street supervisor.
(f) Said grantees, their successors and assigns, shall, on
the unpaved. portions of said streets, pus- in and. maintain crossingb
where the line of said railroad inter.see4 streets of Salt oaks
City, of such width and location and material as shall from time
to time be required by the Board of Commissioners of said city,
and shall, without resuirement of said Bo:;rd, at once, upon. the-
construction of said road, put in and maintain said crossings; and
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Ishall, at their own expense, construct and maintain, under the
supervision and to the satisfaction of the City Engineer, sufficient
conduits for the conveyance of water in all water ditches crossed
' by the tracks of said railroad, so as to admit of the free passage
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of water, andrepair .and the sao in good condition, to
shall keep �
the satisfaction of the Supervisor of Streets of said city.
(g) Sa.id tracks shall be laid in the center of said streets,
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unless otherwise ordered by the Board of Commissioners of said city,
and the road operated so as to cause no unnecessary impedithent to j
the common and ordinary use of said streets. Said grantees, their)
successors and assigns, shall comply with the directions of the Board
of Commissioners of said city in the construction of said. railroad;
and in the operation ofthe same within the limits of said city, i
and shall, in the construction and operation of said railroad, at
all times, conform to such ordinances, rules and regulations as
have been or may hereafter be adopted by said Board. of Commissioners
in relation to operating railroads, t eet railways and tramways 1
AY
in said city. �•j � �-� ..�'^,'T".-LCa G�"`�
(li) Said grantees, choir succesors and assigns, shall at alt
times maintain and. hoop the said track or tracks and roadbed and 1
the approaches thereto, in good condition, and shall equip said
railway with all modern appliances, cars and equipment such as is
used and employed on first class street or interurban railroad
systems generally, and keep said road so equipped for the comfort
1 and convenience of its passengers, and provide is cars with proper
fenders, brakes and other appliances necessary to the safety and
protection of its passengers, employees and persons using said
streets; and shall operate its cars in such manner as to interfere
as little a.s possible with the public use of said streets; and sha 1
operate said reilwd; upon the said streets of said city, and shall
run and operate it d said oars at such intervals of time as will
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properlyaccommodate the public. This ilranchioe being granted. for
the purpose of interurban traffic, the said grnntee shall not be
required oroortted ;to transport passengers betcon points
L:c,,,ti 0 ,,,,AP.
situated witlin Salt 7E).he. City. . —...___.
(i) Vnenever the City Commissioners shall. 1;...'ina it necessary
or desirable to grant any. other interurban street voilay comonry
a franchise over the streets coverod by this grant, to secure to
ouch other com.any a connection vrith any important contor or tor- •
minus, the grantees herein, t])eir succeesors tvna. assigns, ..1-lall
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allow operating and runni-...c arrn ogemonts over t .e tracks of said
grasitees, their successors or ascigns, to such other company upon i
such other company making equitable payment for constructing, mai1i
taining and. operating the portion of said grantees' tracks 'c) used.
(j) The grantor herein shall not in any way be liable or
responsible for any accident or damage to person or property that
may occur by reason of the construction or operation of said rail-
road, or by reason of the default, misconduct or negligence of sat
grantees, their successors and assia)ns, or their agents or employe s,
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ant antees, for themselves cud t:..eir SUCCOSOOTS and assignsl,
1 said
agree to save the grantor harmless from and against any and all
liability, loss, cost, e: .pense, or damae of any kind or nature .
arising out of the construction or operation of salt railroad,
whether by the default, misconduct or negligence of said grantees,
their successors al]a assgn3, Or the acnts or employees of oitheri
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or otherviise, or aaiich may accrue by reason of any accident or 1
injury to persons or property (luring such construction or oporati a.
and to indemnify and repay said city for any such loss, expense o
damage of any kind which may be sustained by said city; and to do end
at their own enaonse, upon due notice given of any suit in law or
in equity brought against said city for damages, or loss on assaast
account of any default, accident or injury aforesaid, and in the.
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event of any recovery being had therefor agai.nst thid city, they
will satisfy the judgment, which shall be final and conclusive
evidence of the liability of the grantees, their successors or
ess ,na o the city.
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(k) This franchise or the rights or powers herein granted,
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shall not be assigned by the grantees, their succes .ors or assigns,
to any person, firm, coupany, or corporation without the consent
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of the Board of Commissioners of Salt Lake City being first had
thereto.
SECTION • Salt Lake City reserves the right to regulate and
control the speed of all cars operated by the grantees, their sue- •
censors and assigns, within the city. Nothing in this grant con-
tained shall be construed to in any wise affect the exercise of
the police power of the city for the safety and health of the peope,
or to prevent the grantor or its authorized agents, ol.ficers or
contractors or persons or corporations to whom franchises may have
been or may hereafter be granted, from crossing said railroad track,
or from paving, sowering, laying gas or water mains or pipes in •
said streets over which such track shall run, or from altering,
repairing or in any manner improving said streets.
SECTION ..‘. If the grant of this franchise be not accepted in •
writing by the grantees within sixty days after this orednanee be-
comes effective; or if the construction of said railroad in Salt
Lake City be not commenced within ninety days after this franchise
i is accepted, or if the work of construction of said road be not
prosecuted with diligence, or if the construction of said road bo
. not completed within Salt LaI:e City within two years and to Provo,
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TTtah, within three years after this ordinance becomes effective,
or if said grantees, their successors and assigns, shall fail Or
refuse -to comply with any of the conditions of this grant, or to
perform ally of the conditions imposed upon them, then this frank
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event of any recovery being had therefor agr.inst Shid city, they
will satisfy the judgment, which shal
l be final and conclusive
evidence of the liability of the grantees, their successors or
nosi.:ne to the city.
(?.) This frr,nchise or the rights or powers herein gr��lnted,
shall not be assigned by they grantees, their successors or person, s.usigns�
to
any firm, tion without the consent
company, or corpor ,
of the Boa,.c-'i of Commissioners of Salt ',alto City being first had
thereto.
Salt Lthe right to regulate and
SECTION ./ Lake City reserves _
control the speed of all cars opercted by the grantees, their sue- .
censors and assigns, within the city. Nothing in this grant eon-
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+,._,-,,,a .,11 h. nnr,,+, ,,,,i to 9n ayar wise affect the exercise of
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SECTION�b if the grant of this franchise be not accepted
in writing by the grantees within sixty days after this ordinance
beoomes effective; or if the construction of said railroad in Salt
Lake City be not commenced -within ninety days rfter this franchise
is accepted, or if ',I.e work of construction of said road be not
prosecuted xith diligence, or if the construction of said road be
not eompieted :within Salt Lake City within two years and to Prove,
Utah, within three years after this• ordinance becomes effective,
or if the grantees herein their euccessors,or assigns shall fail
to exorcise the right herein granted to use tho tracks of the Utah
Light and Railway Company within three years from the acceptance
hereof. Or if said grantees, their successors and assigns shall
fail or refuse to comply with any of tho conditions, provisions,
agreements or obligations of this „rant. Or to perform any of
the conditions or obligations imposed upon then then this franchise
shall be null end void.
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1 chise shall be null and void.
SECTION 5. This franchise is granted for the period expiring
on the first day of January, A. D. 1962.
SECTION 6. This ordinance shall take effect upon its -first
publication.
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