The URL can be used to link to this page

Home My WebLink About124 of 1903 - Ordinance 124 of 1903 â€“ Franchise, Consolidated Railway and Power Company, a right-of-way over cer AN ORDINANCE . An ordinance granting to Consolidated. Railway and Power Company a right of way over certain streets. II; Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That the Consolidated Railway and Power Company, its successors and assigns, have ch.e authority and consent of the { City Council, ant e permission is herebygranted it, to construct and operate by horse, electric or cable motive power a single or double track street railroad, together with all the necessary switch-} es for the accommodation of said road, on the following streets of said City, namely: la) 'from First South Street to the north side of South Temple Street, on Third Viet Street. (b) From Third West Street westerly over the proposed viaduct to the west side of Fifth West Street on North Temple Street. Such track or tracks to be laid on such grades as are now or may hereafter be established by the City Council. In consideration of this franchise, the grantee, its successors and assigns aforesaid) are hereby required to keep in good repair with the same material and in the same manner as the rest of the street is or may be paved, all the space between its rails and tracks, and also a space two feet mite outside of the outer rails of the outside tracks, including all spaces between double tracks where the same .a;ay be constructed, arri switches and turnouts, and also to use no steam power, unless the same be stationary, on any part of the road for propelling cars, I unless permitted bythe City Council. And the grantee aforesaid siiai] place cars upon said railroad, with ail necessary modern isi. rovements for the convenience and com- fort of passengers, which shall be run thereon, each and every day both ways, as often as the public convenience may require, and at a rate of speed not exceeding twelve miles per hour, and under such 1 regulations as the City Council may from tine to time prescribe; provided, that the grantee aforesaid sha l comply with. the direc- j_ i 24 ,fir -2- i ii tions of the City Council in the construction of said railroad, and in any other mutters connected with the regulations of the sane, and that the track or tracks shall be constructed in tie center of the streets unless otaerrise directed by the City Council, and in such a manner as shall be approved by the Street Supervisor, the track to be laid and the road operated, so as to cause no un:iece eary im- pediment to the common and ordinary use of said streets for all pur- poses; and that the water courses of said streets be left free and unobstructed; said track to be laid upon a good foundation, even with the surface of the roadway; and good and permanent crossings shall be made by the grantee aforesaid at the intersection of streets and elsewhere wherever the eerie shall be necessary, at the discretion of the City Coucil, mid under the direction and to the acceptance of the Street Supervisor. The price of a single passage shall not exceed five cents, and no charge shall be made in excess thereof; said company shall pay into the City Treasury at tie- rate of not exceqQ.ing twenty-five 025.00) dollars per annum, for each and ever war used. upon its lines, but otho'rwise said company shall not be liable to pay any per capita tax whatever. SECTION 2. That this franchise e is ,ru_ted for the terra of fifty years from the date of the passage of this ordinance, aad ac- depted on the following- conditions, via: That if the grantee, its successors and assigns shall fail to perform all the stipulations of this ordinance, the City Council, after sixty days' notice, and on failure on the part of said company to perform such stix> lotions, or )(Aare- W make satisfactory arrangements therefor, r.y, by a IMOMMitU vote, declare the privileges herein granted forfeited, and proceed to coke possession of the road bed, and control the same as if this ordi- nance had not been rx.ssed, and as if said road bed had always been j the property of Salt Lake City. SECTION 3. That nothing in this grant shall be so construed as to prevent Salt La _e City or its authorized agents from paving, -3- i cowering, laying gas or water mains or pipes, altering, repairing or in any manner i ,,roving any of the streets ;mentioned herein, or any other streets of said City; but all such improvements shall be undo with as little injury as practicable to said railway and the operating thereof. SECTION 4. That in the construction and operation of said railway the said grantee an0 its successors and assigns shall at all !, times 'conform to such ordinances, rules sad regulations as have been or may hereafter be adopted by the City Council of said City in re- I lation to operating railroads, street railways or traumways in said City, and for each violation thereof they shall be liable to a fine in any sum not exceeding one hundred ($100.00) dollars. SECTION B. That Snit Lake City shall in no way be liable or responsible for any damage that nay occur in tjac construction or operation of said railway by reason of the default or misco;..duct of the said grantee and its successors and assigns or their employees, ' and the acceptance of this all be deemed an aercenent on the part of the said grantee, for -self and its successors and assigns, said to save theACity harmless from and against all liability, loss, ,costs, expense or damage of any nature arising out of any' such de- !fault or misconduct, or whioAt may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said railway, and to indemnify end repay said City for any loss, costs, expense or damage of any kind it may sustain by reason of any such default, misconduct, accident or injury; and if !any judrnaont for damages for any such. default, iriscereuct, accident or injury shall be recovered against the said City, the recovery •thereof and the judgment ,hurefor shall be final as between. the said City and the said grantee and its successors and assigns, and con- elusive as to the liability or _':c latter to the former. SECTION 6. That if thi2 „runt, .,ith abe tore and coneitions herein contained, be not accepted in. ariaing ey said grantee within li III -4- sixty (60) days after the =,assae of this ordinance, the sane shall becoiic void and of no effect. I ' SECTION7. The said ,;rantee, its successors or assigns, shall construct a double track railway over said viaduct within a reason- 1 able time after the said viaduct is so completed that street railway tracks can be constructed thereon. SECTION 8. This ordinance shall take effect upon approval. tsb To, o, = by : •,Ity roun �1 of Salt Lai:: G! iy U . wv.,no ( 3 1903. tY Pye Vayox for it3si ao. a;val. j poO" v.0 ;F:rIlsg-L7clay ;r Nov sets, I90 3, it I I,, I -• 1- - •- 1 i I r...ctila onc.t.,1 d ,o off,ri tfyx,:,, a j:/,`.,1' '.1:o wiy2:,-,..- , ,..,- 1,3:na.; a-,,,;.",., (0 ) . octilo on 'TO .1nf..q bicp.r :,,.uood II,J.1:1"a 43 •zo 3-.1.o..,;,,,),-,;) ,, :0:/ t.- ,,., ,.' -: i., :. o..rT .V TMIT.r.):F.C1 11134,20,5t'r, ffi7."?;:",iit".-1":..rb.11-7-5).1:1;.:,.'-'12:1-1-3-,r,,.,'",7-1 ',-....-,- 7r4,.),-.-:?" .?!!7r741. -Tl-f-,-5-,10t,:,--,-.-7;-- --- -,7.03wItsri . , J-.1-1,:',- .f.y.,) ,4,1 ,i-o• ct,i . ub,,,.1.- 2 :IT : ,!... : — ui : ia 0. 000,-.:\J,I1,1%;4•1• o o o ri a-,0 0.t- '.. ' , 1. •\, 1 •14;PCY',A,' .: i 1 SI *660 p'"ur.l.j . 4., ._."1' et -9 : Er ho ' \5.° - c31 ; • I. g X; i.:6 • Al a q=0 a v g-..,....L • „,4.: 4 L iC,,4 =.52 1,j s . t 2 . 14 ft) :c:c":"r c' 4 -,tY ' 1 - -- i• : ,•. I_(.'.-I , ! ., 111 r.. . 2 CP\ 2 k : ..._ -.4 1 % _ r . • sP- --77.-- -7' ?' ' , - .;/-v ::. , ,t• ......__,;- _, _1 A."