HomeMy WebLinkAbout127 of 1912 - Franchise, W. W. Armstrong, et al. ROLL CALL
.ake City, Utah,._....___._Aum..._28,.. .....19L...2.
VOTING Yea No I move that Bill No. 7.08 be filedi and Bill No. 127 as a
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may' substitute be passed.
Keyser
Lawrence
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Lawrence i .-- - f
i �^may
Morris _.._.._.. ._.......
Mr.Chairman _._.
Passed by the Board of Commissioners of
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Salt Lake City, Aug. 28, 1912.
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Mayo 21ilRec4de/
ROLL CALL
make City, Utah,._ Aug. 2F!, 191
2
VOTING Yes No I move that the franchise be amended by inserting the
Keyser following provision:
td
Korns " i That the Grantees, their heirs and assigns, shall
Lawrence ----- - pay into the City Treasury of Salt Lake City, the sum
Morns , of Fifty ($"50.00) Dollars per year for each car used
Mr.Chairman .
on their land within the city; that on or before the
RESULT
5th day of January of each year after beginning opera-
tion said grantees, their heirs and assigns, shall
furnish the Auditor of Salt Lake City a verified state-
ment of the number of cars used by it within said Salt
Lake City during the year preceding, and on or before
the 5th day of each year pay into the City Treasury the
said sum of Fifty ($50) Dollars for each said car.
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ROLL CALL Salt Lake City, Utah, �/.�J'191 A
VOTING Yes No
I move that thUordinance be amended by
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Keyser adding the following
Korns. . . . . . . . —
a
Lawrence
Morris
Mr.Chairman
Result
AMENDMENT.
"Salt Lake City reserves the right, during the life of this franchise, upon three
years notice, to the grantee, its successors or assigns, to terminate this franchise by
paying the said grantee, its successors or assigns, the value of the improvements
made in,compliance with this franchise, at the time said termination becomes effect-
ive. The Price so to be paid to be arrived at by arbitration, to which arbitration the
said grantee, its successors and assigns, hereby agrees; the arbitrators to be selected
as follows: One by Salt Lake City, and one by the grantee, its successors or assigns,
and in the event that those two are unable to agree upon a valuation, then they shall
select a third arbitrator or referee, and the award made by them shall be binding
upon Salt Lake City and upon said grantee, its successors and assigns." _
_r�� �ROLLL CALL
dz `-- `` (if Salt Lake City, Utah, 791..__.
VOTING Tea No I move that 5,...Q,.-E� U"°1 - a
Keyser r
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}Corns V
Lawrence . . . . . __...I yJ!
Morrisp'").-"-e*Zr , ` �_
Mr.Chairman . . ......_.
RESULT -
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Section 4. It is understood and agreed that at any
time after twenty-five years from the acceptance of this franchise
by the grantees herein, the city shall have the right tc purchase
the grantees property within Salt Lake City, including all tuild-
in s, grounds, machinery, tracks, rolling stock and other physical
property required for the operation of the railway within said o
city; oxeopt cars used for operation out side of the city. The
price to be based on the actual value of the physical property at
the time of the agreement for or arbitration hereinafter mentioned,
is entered into, said price to he agreed upon by three disinterest-
ed appraisers, one of %hem shall be appointed by the grantees and
tho other by Salt Lake City, and the then governor of the State of
Utah, shall appoint the third, and in the event that the appraisers
' so appointed are unable to agree upon the purchase price, then
the said city shall have the right to condemn said property in the
manner provided by law for the condemnation of private property
for public use, provided, that in the event the said city shall
elect to purchase said property, or in the event that the said
city shall acquire the said property by condemnation, the value
of the franchise Or rights granted hereunder shall not be consider-
ed or taken into account in fixing sold purchase price. And
provided further; that if the said city acquires said property un-
der any of the provisions of this ordinanoe, all rights and privil-
eges hereby granted shall cease and terminate. and provided
further, that in the event the said city elects to buy said proper-
ty and the said grantee herein declines or refuses to name or
appoint an appraiser as ih this section provided, then in that \
event, any judge of the District Court of the Third Judicial Dis-
trict, in and for 3alt Lake County, Utah, upon application of the
Commissioners of Salt Lake City; shall name such appraiser for
such grantee and the acts of said appraiser shall be as binding
upon saia grantees as if ad or appointed by them. Provided
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further, that if the city purchases the property aforesaid or
shall obtain st ;e by condemnation as in this section provided,
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then the grantees herein shall have the right to run ears coning
from inturban linos over the tracks so acquired by the city and
to use the otter pror,orty squired by said city at reasonable
rates. Provided. tutther� ovisions of this section shall apply
to the successors and the assigns of the r antees maned herein.
AN O RD I Nl NCE.
An ordinance granting to W. W. Armstrong, W. R. Wallace, A. J.
Evans, D. R. Beebe, J. B. Keeler, J. S. McBeth and Geo. C. Whitmore,
Trustees, a franchise and right of way for the construction and
operation of an electric railroad upon and over certain streets of
the City of Salt Lake.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. A franchise and right of way is hereby granted and
given to W. W. Armstrong, W. R. Wallace, A. J. Evans, D. R. Beebe,
J. B. Keeler, J. S. McBeth and Geo. C. Whitmore, Trustees, their
grantees and assigns, to lay, construct and operate a single or
double track standard guage railroad, to be operated by electrically
transmitted power, for the transportation of passengers, freight,
express and mail matter, which line of road is shown in yellow lines
upon a blue print hereto annexed and made a part hereof, together
with such switches, wyes, turnouts, side-tracks and crossover tracks
as are shown to the Board of Commissioners to be necessary to reach
freight and passenger terminals of said road; 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 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 West Street to the north side of
North Temple Street.
2.
SECTION 2. A franchise is hereby given and granted to the
grantees herein named to operate their electric cars over and on
the following lines of railroad and tracks, owned and operated by
the Utah Light and Railway Company, upon the payment to the said
last named company of a just and equitable proportion of the cost
of the construction, maintenance and operation of the portion of
the tracks of the said Utah Light and Railway Company so used:
Commencing on North Temple street and First West street; thence
east on said North Temple street to West Temple street; thence
south on said West Temple street to Fourth South street; thence
west on Fourth South street to the center of First West street.
SECTION 3. This franchise is granted subject to the follow-
ing conditions, viz:
(a) No freight of any kind, nor freight cars, shall be
hauled or permitted north of Third South street, nor east of the
wrest property line of West Temple street, nor west of the east pro-
perty 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.; nor shall any coal, lime, rock, timber or live stock,
except poultry, be placed on any siding or turn out for the purpose
of unloading same north of Ninth South street.
(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 en-
close all loaded matter.
lc) No passenger, freight, express or mail cars shall be per-
mitted to stand on any track or switch on any street within the city
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3.
longer than five minutes, nor shall any freight, express, mail
or passenger cars be loaded or unloaded on any street within the
city, except that passenger cars may stop at any point to take on
or discharge through passengers, and shall stop for that purpose
at any point designated by the Board of Commissioners.
(d) Span construction shall be used for carrying all wires,
and no poles for carrying telephone, telegraph, trolley, power,
transmission 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 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 assigns, 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
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 assigns,
shall, at their own expense, gravel and maintain in good condition
said street at the established grade between tracks and twenty feet
4.
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 an 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 outer rail, with the same material as that used in
the street paving, and shall maintain the same in good condition and
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, put in and maintain crossings
where the line of said railroad intersects streets of Salt Lake
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 requirement of said Board, at once, upon the
construction of said road, put in and maintain said crossings; and
shall, 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
of water, and shall repair and keep the same in good condition, to
the satisfaction of the Supervisor of Streets of said city.
(g) Said 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 impediment to
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 of the same within the limits of said city,
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, street railways and tramways
in said city, and the operation of freight or express cars shall
not be permitted to interfere with passenger traffic.
(h) Said grantees, their successors and assigns, shall at all
times maintain and keep the said track or tracks and roadbed and
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
and convenience of its passengers, and provide all its 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 all its cars in such manner as to inter-
fere as little as possible with the public use of said streets; and
shall operate said railway upon the said streets of said city, and
shall run and operate its passenger cars in said city at such
intervals of time as will properly accommodate the public. This
franchise being granted for the purpose of interurban traffic, the
said grantee shall not be required or permitted to transport
passengers between points situated within the present boundaries
of Salt Lake City.
6.
(i) The grantees herein,their successors and assigns, shall,
during the life of this franchise, by means of careful bonding or
other approved and established means, provide against electrolysis
of gas, water or other pipes laid underneath the streets, avenues,
alleys or other rights of way within Salt Lake City over or in
which their tracks and conduits are laid, and in case any such
pipes are damaged or destroyed by the failure of the said grantees,
their successors or assigns, to comply with this section of this
ordinance, the said grantees, their successors or assigns, shall
be liable for such damage and destruction, and shall pay to Salt
Lake City, or the person or persons damaged, the amount of such
damage.
(j) Whenever the City Commissioners shall find it necessary
or desirable to grant any other interurban street railway company
a franchise over the streets covered by this grant, to secure to
such other company a connection with any important center or ter-
minus, the grantees herein, their successors and assigns, shall
allow operating and running arrangements over the tracks of said
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grantees, their successors or assigns, to such other company upon
such other company making equitable payment for constructing, main-
taining and operating the portion of said grantees' tracks so used.
(k) 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 said
grantees, their successors and assigns, or their agents or employees,
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and said grantees, for themselves and their successors and assigns,
agree to save the grantor harmless from and against any and all
liability, loss, cost, expense, or damage of any kind or nature
arising out of the construction or operation of said railroad,
whether by the default, misconduct or negligence of said grantees,
their successors and assigns, or the agents or employees of either
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7.
or otherwise, or which may accrue by reason of any accident or
injury to persons or property during such construction or operation ,
and to indemnify and repay said city for any such loss, expense or
damage of any kind which may be sustained by said city; and to defend
at their own expense, upon due notice given of any suit in law or
in equity brought against said city for damages, or loss on account
of any default, accident or injury aforesaid, and in the event of
any recovery being had therefor against said city, they will satisfy
the judgment, which shall be final and conclusive evidence of the
liability of the grantees, their successors or assigns to the city.
(1) This franchise or the rights or powers herein granted,
shall not be assigned bythe grantees, their successors or assigns,
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to any person, firm, company, or corporation without the consent
of the Board of Commissioners of Salt Lake City being first had
thereto.
SECTION 4. Salt Lake City reserves the right to regulate and
control the speed of all cars operated by the grantees, their suc-
cessors 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 people,
or to prevent the grantor or its authorized agents, officers 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, sewering, 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 5. If the grant of this franchise be not accepted
in writing by the grantees within sixty days after this ordinance
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becomes effective, or if the construction of said railroad in Salt
Lake City be not commenced within ninety days after this franchise
is accepted, or if the work of construction of said road be not
prosecuted with diligence, or if the construction of said road be
not completed within Salt Lake City within two years and to Provo,
Utah, within three years after this ordinance becomes effective,
or if the grantees herein, their successors or assigns, shall fail
to exercise the right herein granted to use the 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 the conditions, provisions,
agreements or obligations of this grant, or to perform any of the
conditions or obligations imposed upon them, then this franchise
shall be null and void.
SECTION 6. This franchise is granted for the period expiring
on the first day of January, A. D. 1962.
SECTION 7. This ordinance shall take effect upon its first
publication.
TAAACam '
Passed by the Board of Commissioners of
Salt e i9y, Utah, August 28, 1912.
ayor Ci y -ecor.er.
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