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HomeMy WebLinkAbout124 of 1906 - Ordinance 124 of 1906 – Franchise, granting permission to H. P. Clark to construct and operate an AN ORDINANCE granting permission to H. P. Clark to construct and operate an urban and suburban railroad through Salt Lake City. BE IT ORDAINED by the City Council of Salt Lake City, to-wit:- Sec. 1. That H. P. Clak of Salt Lake City, Utah, as Trustee for a corporation to be formed under the laws of the State of Utah, has the sithority and consent of the City Council, and permission is hereby granted him, for the con- struction, maintenance and operation of a single or double track, standard gauge railroad to be operated by electricity or other motive power excepting steam, as hereinafter specified, together with all necessary and convenient switches, wyes for turnouts, side tracks and cross over tracks, and a line of poles, or two lines of poles when necessary, carrying telephone, tele- graph, trolley, feeder and transmission wires for the transporta- tion of passengers, freight, express and mail matter upon the c.4 ,u fits. i r'enZ6 following roads and streets of Salt Lake City, to-wit , A single or double track beginning on the west line of Main Street at the intersection of Second South Street and running thence west along Second South Street to Second West Street; thence south on Second West Street to Fourth South Street; thence west along Fourth South Street to the Jordan River; and thence westerly over the most direct line along streets and alleys to the western boundary of the City. Also beginning at the northerly end of Marion Boulevard, in Kinney and Gourlrey's Improved City plat, and running thence south along Marion Boulevard to Ninth North Street, thence east along Ninth North Street to Eighth West Street, thence south along Eighth West Street to the south boundary of the City. Sec. 2. All tracks shall be laid so as to conforIi e NENOERBON,PIERCE,C•ITONIOW 6 BARRETTE [04 (2) with the grades of the streets at the time, and shall be alter- ed so as to conform to such grade as the city council may from time to time establish. Sec . 3. Said grantee or his assigns shall keep in good repair the paving in the spaces between the rails and at least two feet on the outside of each rail, so as not to interfere with the street for public use, excepting on parked portions of streets described below, and, if required; shall pave such space and side portions with the same material as the street i.,, composed of, and in case of double tracks, space between the tracks. Said grantee and his assigns shall, when directed by the city council, plat and improve into a park a portion of any or all of the streets(-+ ^f Tigb+u w.^tG+rrnt)upon which grantee's road is constructed. Said parked portion shall be feat , a .ith ^d enclosed by a line of curbing with the tracks in the center of said space, leaving cross roadways at each intersecting street, and intermediate driveways not further than 330 feet apart. The grantee shall furnish and plant trees of the kind and at intervals to be designated by the city council, and shall plant. with grass, and keep in good order, the space between the curbing and lines two feet outside of the outer rails of the track. Said grantee and his assignee shall keep said trees and grass In good order, provided the city shall furnish water for the same free of charge. All of the above improve- ments shall be established and maintained by the grantee under general specifications, rules and regulations of the city coun- cil. Sec . 4. Cars shall be run over the whole of said ?- , M[MO[R8O N,NCR., ICOY AA L [ IOW l BARRtTT[ TTOA t OALT (3) line or lines at least once every hour, making stops at street intersections, between the hours of 6 a.m. and 10 p.m., or as often as public necessity may require, unless prevented by floods, snows, riots, strikes, wars or any causes beyond grantee's control. Fare for transportation shall not exceed five cents for one continuous ride my the system within the limits of Salt Lake City .h No freight shall he hauled east of the east line of Eighth West Street except between the hours of midnight and 6 a.m. Al]. express and mail matter trans- portod/ "Vireen c,,,,. t ,�,r + c ~ shall be carried in Cars of t'ie same general outer design and finish as the passenger cars, same to be arranged so as to entirely enclose the loaded matter, and such cars, if operated in trains, shall have not � ,rlc e4rei t-o/w,r'. rt' more than one trail car to each motor car ` t� „ ,. 2oi Sec. 5. The City reserves the right to regulate and control the speed of all cars or trains transported over said. road. Sec. 6 . The right hereby conferred shall expire on! the lst day of January in the year One Thousand Nine Hundred and Fifty-Six. Sec. 7. That on paved streets such rails shall be used as may be designated by the city council. Sec. 8. rood and sufficient boxes to convey water shall he made and maintained in good condition at the expense of said grantee at all the water ditches crossing the said railway so as to admit of the free passage of water. Sec. 9. Said. City of Salt Lake shall in no way be liable or responsible for any accident or damage that may occur- on said road by reason of the default or misconduct of said x exoeeson,neeee,eenexLow•eRnxene c4) railway company or its employes. And the said grantee and his assigns covenant and agree to save the city harmless from an against any liability, loss, cost or expense or damage of any • nature arising out of the default or misconduct of said railway company, or which 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 and repay said city for any loss, cost or expense or damage of any kind which may be sustained by reason of any such default, misconduct, accident, or danger; and if any judgment for damages for any, loos, default, misconduct, accident or injury, shall be recovered against said city, the recovery thereof, and the judgment thereof, shall be final as between said city and said grantee and his assigns, and conclmsive as to the liability of the latter to the former. Sec. 10. That whenever the city council shall find it necessary or desirable to grant any other railroad company a franchise over any of the streets herein granted, the grantee herein shall allow running arrangements over grantee's tracks to such other company making equitable pay- ment for constructing, maintaining and operating the portion of said grantee's tracks so used. Provided that easterly of Second West Street no additional tracks shall he laid on any street where two tracks already exist . Sec. 11. That if this grant with the conditions herein contained be not accepted in_ writing by said grantee within thirty days after the passage of this ordinance, then the said franchise shall become null and void. Work shall be begun under this franchise within thirty days, and cars shall.- sew Iv I this ordinance shall take ei1Pe. be operated within nine months. AA/w upon ajpproval �.�"..®n ".,ers�;�ow.a. 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