HomeMy WebLinkAbout126 of 1906 - Ordinance 126 of 1906 – Franchise, granting permission to H. P. Clark to construct and operate an AN ORDINANCE .
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:
SECTION 1. That H. P. Clark, of Salt Lake City, Utah, as
trustee for a corporation to be formed under the laws of the State
of Utah, has the authority and consent of the City Council, and
permission is hereby granted him, for the construction, 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, telegraph,trolley, feeder and transmission wires for the
transportation of passengers, freight, express and mail matter,
upon the following roads and streets of Salt Lake City, subject to
the limitations hereinafter set forth, to-wit:
the intersection of
A single or double track commencing at,2nd 'Nest and 4th South
Streets, thence north on 2nd West Street to 2nd South Street, thence
east to West Temple Street, thence south to 4th ibuck South Street,
thence west to the City Limits.
Also beginning at the northerly end of Marion Boulevard, in
Kinney and Gourley's Improved City Plat, and running thence south
along Morion 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, provided,that nothing
herein contained shall be construed to permit said grantee or said
corporation so to he formed as aforesaid, or either of their assigns
or successors, to in any manner occupy said Eighth West Street so that
the construction of the sewer to be placed in said street shall be
in any manner retarded or interfered with.
Provided further, that the grantee shall grade and gravel sail 1
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8th West street from 9th South Street to the southern limits of said
City and for the entire length of 8th .lest the grantee agrees to put
the road in as good condition as it is at the present time, subject
to the approval of the City Engineer; also that grantee grade and provide
a street 16 feet wide on 8th West above 5th forth on the west side of
the street.
SECTION 2. All tracks shall be laid so as to conform with the
grades of the street at the time, and shall be altered so as to conform
to such grade as the city council may from time to time establish.
SECTION 3. Said grantee or his assigns shall keep in good repair
the paving in the space 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, and in case of double tracks, space between
the tracks. The said grantee shall gravel and maintain in good
condition at the established grade the width of the track and ties
across streets, including sidewalks, subject to the approval of the
Superintendent of Streets, and shall put in and maintain such crossings
where the line of tracks intersects the streets of said City and of
such material as shall from time to time be required by the City Council
of said City.
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 upon which grantee's road is constructed. Said parked
portion shall be of such width as may be determined by the City Council,
and shall be
but not dxceedthi.rtg feet, 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
In said parked portions
feet arart. n 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 nrii.err, the space between the curbing and lin/ee-,
two feet outside of the outer rails of the track. Said grantee and/
ii
his assigns shall keep said trees/and rasa o order, Provided 4`
{� �1 9r 11 or the'
city shall furnish water for the same free o c a e.
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improvements shall he established and maintained by the grantee under
specifications, r.*les and regulations of the city council.
SECTION 4. Cars shall be run over the whole of said line or
lines at least once every half hour, making stops at street intersec-
tions and center of blocks, between tie= the hours of 6 a.m. and 12
p.m, or as often as public necessity may require, unless prevented
by floods, snows, riots, strikes, wars or any cause beyond grantee's
control. Fare for transportation shall not exceed five cents for
one continuous ride over the system within the limits of Salt Lake
City. No freight shall be hauled east of the east line of Eighth
West Street except between the hours of midnight and 6 a.m. All
express and mail matter transported witjtin the city limits shall be
carried in cars of the same general outer design and finish as the
passenger cars, same to be arranged so as to entirely enclose the
loaded matterrand all cars, if operated in trains, shall have not
more than one trail car to each motor car, provided, that no freight
car he permitted to stand on any track or switch, nor shall the
freight be loaded or unloaded on the streets of said city.
SECTION 5. Said grantee shall issue commutation tickets of
fifty (50) fares for two (12.00) dollars; the holders of which tickets
shall have the same transfer privileges accorded to passengers paying
regular fare, and shall also issue to students of public schools
commutation tickets of fifty (50) fares for one dollar and fifty
cents 01.50), transfer privileges as aforesaid., good only to and from
the school attended by said student, and good only on days when school
is in regular session, between the hours of 7:30 o'clock a.m. and
5:30 p.m. City policemen and firemen in uniform shall he entitled to
free passage in regular. cars.
And said grantee shall pay into the treasury of Salt Lake City
annually, beginning one year after the acceptance of this franchise,
for the first five years, one and one half (l ) per cent, and there-
after two (2%) per cent of the gross earnings of passenger business/--•
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in said city, which sum so to he paid shall never be less than one/IP
thousand dollars per annum; that the books of said grantee shall%* mot'
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so kept that they shall show the amount of such passenger business and e
shall at all times,during business hours, he open to inspection and
auditing by the auditor of Salt Lake City. That the sums aforesaid
shall be paid to said city treasurer each year on or before the let
day of March, same to he in lieu of all other license or franchise
tax.
SECTION 6. The city reserves the right to regulate and control
the speed of all cars or trains transported over said road.
SECTION 7. The right hereby conferred shall expire on the 1st
day of January in the year One Thousand Nine Hundred and Fifty-six.
SECTION 8. That on paved streets such roils shall be used as
may be designated by the city council.
That in case the city council shall establish paving district or
districts, and order paved any street or streets through or over which
the line or lines of the above named grantee shall run, said grantee
shall place all its transmission wires in said street or streets
under ground, in such conduits or ways as shall he approved by the
City Council, and within such time as shall be designated by said
council, notice to do which shall he given said grantee in writing
at least six months before such action on its part shall he required.
SECTION 9. Good and sufficient boxes to convey water shall be
placed and maintained in good condition at he expense of said grantee,
at all the water ditches crossing the said railway so as to admit of
the free passage of water.
SECTION 10. Said city shall in no way be liable or responsible
for any accident or damage that may occur in the construction, main-
tenance or operation of said line or lines of railway by reason of
the default or misconduct of said grantee or his assigns or their
employees, and the acceptance of this grant shall he deemed an agree-
ment on the part of said grantee and his assigns to appear in and
defend all actions brought against Salt Lake City for any injuries -1
damages by reason of the construction, maintenance or operation of /! '\, //j
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said line or lines of railway, to save said city harmless from and
against all liability, loss, cost, expense and damage of any nature
arising out of any such default or misconduct or which may accrue
by reason of any accident or injury which may occur in or by reason
of the construction, maintenance or operation of said railway, and to
indemnify and repay said city for any loss, costs, expense or damage
of any kind it may sustain by reason of any dafault, misconduct,
accident or injury, and if any judgment for damages for any such
l'efault, misconduct, accident or injury shall be recovered against said
city, the recovery thereof and the judgment therefor shall be final
'as between said city and the said grantee and his assigns, and con-
clusive as to the liability of the latter to the former; provided,
said grantee has had notice of the I.endency of the snit in which sich
judgment is recovered, and has been given an opportunity to defend
the same.
SECTION 11. Nothing in this grant shall be so construed as to
prevent Salt Lake City or its authorized agents or grantees from paving,
sewer.ing, laying gas or water mains or pipes, or from altering, repairing
or in any manner improving any of the streets herein mentioned, but, all
such work shall be done with as little injury to the rights hereby granted
as possible.
SECTION 12. That in the construction, maintenance and operation •
o f said railway the said grantee and his assigns shall at all times
conform to such ordinances, rules and regulations as have been or may
hereafter he adopted by the city council of said city in relation to
operating said roads, street railways or tramways in said city.
SECTION 13. That whenever the cit;r 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 arrange-
ments over grantee's tracks to such other company xx making equitable pal
payment for constructing, maintaining and operating the portion o
grantee's tracks so used. Provided that at easterly of Second We ti', peet
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no additional tracks shall be laid on any street where two tracks already
exist.
SECTION 3.4. That if a this grant with the conditions contained,
be not accepted. in writing by said grantee within thirty days after the
pfy4aga, rpred,f, or if work shall not be begun hereunder within thirty
a0 aftetr' said accept E e, yr if Alai& work hi not completed and cars
a
pe b3, i La ;e City Vithin eighteen months
��ftf�r -uoh2 ae eptance, ''?ien khil rant s}ia11be, nu;11 and void.
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SZO,N All acid ` (sh 40.the a eeae s,•:conditions and pro-
is ons in4 thik `ant 0-be; eptLazSd perf®a•m h: ;thy grantee and said
company spi; to be formed ':shall % eaid the are, aryl :egch of them is,
heats' me p bindingu�0 mind ko 1ie g ohservad and er rmed bythe
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suacessaprv'and assigns lesaidd grantee and said company.
SPICTI:ON 16. This ordinance shall take effect upon approval.
Passed by the City Council of Salt Lake City,Utah, September 24th,
1906, and referred to the Mayor for his approva
ecor er.
Approved thistL day of Septemher,1906.
,
Mayor.
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