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HomeMy WebLinkAbout150 of 1913 - Salt Lake Terminal Co..Franchise in First West etc. VOTING ...,at.Lake City, Utah, %-&..R..-^ ....... , Keyser ••I moue that the ordinance be passed. Korns Lawience . • • . . RICCiak.V)1111 Morris --1 „, dThir-C-'7 Mr.Chairman . . Aer • , Rei.ult A , • -4,--A p()I...L CALL i s Key sei VOTING 1 YES I N, ' ' Lake City Dec., Utah, Ve Korns i" I move that the ordinance be'caw& laid over one reek:- - Lawience . . . • . *L Monis Otk.,e jowL.4-4,...3 V1AA kVA-AM.-6 Mr.Chaii man -_ Rebult /50 te . 4 /5O An ordinance granting to the Salt Lake Terminal Company a franchise and right-of-way for the construction of a standard gauge railroad upon and over certain streets of Salt Lake City. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. A franchise and right-of-way is hereby grant- ed and given to the Salt Lake 'Terminal Company, a corporation of the State of Utah, its successors or assigns, hereinafter called grantee, to lay, construct and operate a single or double track standard gauge railroad to be operated by electric, gas or other power except steam, for the transport&tion of passengers, freight, express and mail matter, together with all such svritches, wyes, turn-outs, side tracks and cross over tracks as may be hereafter permitted and granted by the Board of Commissioners of Salt Lake City, Utah; and to erect and maintain all poles carrying telephone. telegraph, trolley power or transmission wires necessary to the operation of said 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 to be as follows, towit; Commencing at a point on the north side of North Temple Street at the intersection of North Temple Street and First Nest Street; thence south along and on said First Jest Street to Sixth South Street; also commencing at a point on the west side of west Temple Street at the intersection of lest Temple and Pierpont Street; thence west on Pierpont Street to First Jest Street; thence on a curve both to the north and south to the tracks in said First '.lest Street, together with between North Temple and Sixth South the right to cross all streets #art:esas4texaerthecetsbittosig streets. SECTION 2. In the granting of the right to use First Nest Street for the business aforesaid, beginning at the intersection of First West Street and North Temple Street, and running thence south8 the intersection of Sixth South Street and First Nest Street, it as!% !4T 150, distinctly understood that the Board. of Commissioners of this city have heretofore and on August 28, 1912, granted a franchise to VI. W. Armstrong, et al, to operate a single or double track railway over said street and between said points; and that the Board of Commission- ers of this city have heretofore on liay 10, 1913, granted a franchise the to1Salt Lake & Ogden Railway Company, its successors and assigns, to operate a single or double track railway over and on said First Lest Street from a point beginning• three hundred thirty (330) feet north of the north line of South Temple Street, and running thence south to a point three hundred thirty (330) feet south of the south line of Third South Street; and it is also distinctly understood that it is not the intention of said Board of Commissioners by this ordinance to grant to the grantee herein named, the right to construct and main- tain a single or double railway track over said street in addition to the right heretofore granted to said W. V/. Armstrong, et al, and to the Salt Lake & Ogden Railway Company, but that the grantee herein and the said VT. VT. Armstrong, et al, and the said Salt Lake & Ogden Rail- way Company, or their assigns, shall construct and maintain said track and tracks on said street and between said points jointly; end in case the grantee herein cannot arrange for such joint construction and maintenance then there is hereby granted to the grantee herein the right to operate its cars over and on the line or lines of railroad tracks owned by the said W. lT. Armstrong, et al, or their assigns or the Salt Lake & Ogden Railway Company and its assigns on said First West Street between Borth Temple Street and Sixth South Street, upon the payment to said v1. VT. Armstrong, et al, or their assigns, and the Salt Lake & Ogden Railway Company and its assigns a just and equitable proportion of the cost of the construction, maintenance and operation of the portion of the track or tracks on that part of First West Street aforesaid so used. SECTION 3. This franchise is granted subject to the follow- ing conditions, towit: -2- /< (a) Steam shall not be used as a motive power in the oper- ation of said railroad, -axcept in construction thereof and in the movement of obstructions and disabled cars thereon and for the clear- ance of said railroad from any obstructions whatever, whenever electric or other motive power shall be unequal to the occasion. (b) No coal shall be hauled or delivered to either wholesale or retail coal yards between Sixth South and North Temple Street; nor shall freight or freight cars of any kind be hauled or permitted along or upon Pierpont Street; nor shall any freight, mail or express cars be placed on any street siding, switch or turn-out in any street in- cluded in this franshise, for the purpose of storing or unloading the same. (c) Span construction shall be used for carrying all wires and no poles for carrying telephone, telegraph, trolley power or transmission wires, or for any other purpose, shall be placed in the traveled portion of any of the streets herein named. All poles to be used by the grantee, its successors or assigns, shall be of such size, material and shape as may be directed by the Board of Commissioners. It is understood that Salt Lake City shall have the right to use any or all of the poles erected by said grantee, its successors or aassigns, for use in connection with.the operation of its said red lroad, as long as said use shall not interfere with the use of said poles by the grantee, its successors or assigns. (d) 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 bo so constructed and arranged as to entirely inclose all loaded matter. (e) No passenger, freight, express or mail cars shall be per- mitted to stand on any track, turn-out, cross-over 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 a street within the city, except that passenger cars may stop at ant -3- , i to take on or discharge through passengers, and shall stop for that purpose at any point designated by the Board of Commissioners. (f) 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 afterward changed by order of the city atuthorities, said grantee, its successors and assigns, shall at its own expense, dhange the said tracks to conform thereto. Whenever said tracks are laid upon the unpaved portion of any street, the grantee, its successors and assigns, shall, at its own expense, gravel and maintain in good condition said street at the established grade between tracks and twenty (20) 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 an unpaved street upon which said railway is con- structed shall be paved, the grantee, its successors and assigns, shall pave, at its own expense, between theaails and tracks, and for a space of two (2) feet outside of the outer rail, with the same mater- • ial 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 grantee, its successors or assigns shall, in the construction of said tracks or roadbed, remove or disturb in any way any pavement, crossing, waterway, curb, gutter,or other im- provement, it shall repair or replace the same, and place it in as good condition as before such disturbance or removal, and to the satis- faction of the street supervisor. (g) Said grantee, its 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, with ) out requirement of said Board, at once, upon the construction of saic/lll -4— road, put in and maintain said crossings; and shall, at its own expense, construct and maintain, under the supervision and to the satisfaction of the city engineer, sufficient conduits for the con- veyance of water in all water ditches crossed by the t racks of said railroad, so as to admit of the free passage of water, and shall re- pair and keep the same in good condition, to the satisfaction of the supervisor of streets of said city. (h) Said tracks shall be laid in the center of said streets, 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 grantee, its successors and assigns, shall comply with the directions of the Board of Commis- sioners of said city in the construction of said railroad, and in the o peration of the same within the limits of the city, and shall, in the construction and operation of said railroad, at all times, conform to such ordinances and regulations as have been or may hereafter be adopted by said board of commissioners in relation to operating rail- roads, street railways and tramways in said city, and the operation of freight or express dare shall not be permitted to interfere with passenger traffic. (i) Said grantee, its 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 ecuip said railway with all modern appliances, cars and ecuipment such as is used and an- p loved on first-class street or interurban railroad systems generally, and keep said road so equipped for the comfort and convenience of ittl passengers, and provide all its cars with proper fenders, brakes and other appliances necessary t the safety and protection of its passen- gers, employes and persons -using said streets; and shall operate all its cars in such manner as to interfere 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 car, in said city at such intervals of time as will properly accommodate -5- L / public. This franchise being granted for the purpose of interurban traffic, the said grantee shall not be required or permitted to trans- port passengers bet.reen points situated within the present boundaries of Salt Lake City. (j) The grantee herein, its successors and assigns, shall, during the life of this franchise, by means of careful bonding or other approved sand 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 grantee, its successors or assigns, to comply with this section of this ordinance, the said grnatee, its 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. (k) Vhenever the Board of 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 grantee herein, its successors and assigns, shall allow operating and running arrangements over the tracks of said grantee, its successors or assigns, to such other company upon such other company's making equitable payment for constructing, maintaining and operating the portion of said grantee's tracks so used; provided, such operation and use shall not interfere with or impair the operation of this grantee over its tracks on Pierpont Street. (1) 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 railroad, or by reason of the default, misconduct or negligence of said grantee, its successors and assigns, or its agents or employes; and said grantee, for itself and its successors and assigns, agrees to save the grant harmless from and against any and all liability, loss, cost ea- en e//yy`; " g y. A '. -6- damage of any kind or nature arising out of the construction or operation of said railroad, rthether by default, misconduct or neg- ligence of said grantee, its successors and assigns, or the agents or employes of either or otherwise, or which may accrue by reason of any accident or injury to persons or property during such con- struction 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 its own expense; upon due notice given of any suit in law or in ecuity 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, t hey will sat i sfy the judgment, whic h shall be final and c one lusive evidence of the liability of the grantee, its successors or assigns to the city. Cm) This franchise or the rights or powers herein granted, shall not be assigned by the grantee, its successors or assigns, 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. The right hereby conferred shall expire on the 1st day of January, 1962. SECTION 5. Salt Lake City reserves the right to regulate and control the speed of all cars operated by the grantee, its successors 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 con- tractors or persons or corporations to whom franchises may have been or may hereafter be granted, f rom cros sing said railroad track, or from paving, severing, laying gas or water mains or pipes in said streets over which such track shall run, or from altering,repairirg pr in any manner improving said streets. .yy; rip -7- , �99;k/ SECTION 6. If the grant of this franchise be not accepted in writing by the grantee within sixty days after this ordinance becomes effective, or if the construction of said railroad in said Salt Lake City be not commenced within one year after this franchise is accepted, or if the work of construction and operation of said rail- road be not prosecuted with diligence and fully completed within two years from the date this ordinance becomes effective, or if said grantee, its successors or 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 7. The term "grantee" as used herein shall, in addition to its ordinary and generally accepted meaning, be con- strued to intend the successors and assigns of the SALT LAKE TER 2NAL COMPANY. SECTION B. 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