HomeMy WebLinkAbout18 of 1944 - Approving transfer to Salt Lake City Lines of rights and franchises heretofore granted to Utah Light •
Nay Salt Lake City, Utah,
Affleck l c_.(c n?C
I move that the ordinance be passed.
Matheson . . . t'
Romney
;L.
Tedesco
�.
Mr. Chairman . . \ /'
AN ORII1/ANCE
Result
ORDINANCE APPROVING, HA'TIFTIUG AND CONFIRMING THE
TRANSFER TO SALT LAKE CITY LINES, ITS SUCCESSORS
AND ASSIGNS, OF CERTAIN RIGHTS, PRIVILEGES AND
FRANOHISES HERETOFORE GRANTED TO, NEED, POSSESSED
AND EXENCisED BY U'TAH LI si_T AND TRACTION COMPANY
BE IT ORDAINED by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. WHEREAS, UTAH LIGHT AND -INACTION COMMMPANY is pos-
sessed of certain rights, privileges and franchises granted by Salt
Lake City, by which it, among other things, is authorized to and does
operate lines of electric street railway over and upon the following
streets of Salt Lake City:
(1) The double track line of electric street
railway as at present constructed, extending from a
point near the intersection of Ninth South Street and
Thirteenth East Street, thence along Thirteenth East
Street to First South street; thence along First South
• Street to Main Street; thence along Main Street to
Fifth South Street; thence along Fifth south Street to
Seventh East Street; thence extending to and terminating
at the car barns, together with turnback on Third South
Street west of Main Street, and the stub track east of
1_8 Thirteenth East Street on Fifth South Street.
(2) The single track line of electric street rail-
way as at present constructed extending from a point at
the south property line of Utah Light and Traction
Companyts North Salt Lake material yards, thence along
Fifth North Street to Third West Street where said line
connects with the tracks of the Bamberger Railroad Company;
also the double track line extending from a connection with
the tracks of the Bomberger Railroad Company at a point
near the intersection of Learned Avenue and Third West
street, thence along Third hest street to First South Street;
thence along First South Street to Quest Temple Street;
thence along VIest Temple Street to Fifth South Street;
thence along Fifth South street to where said line connects
with the line described in the immediately preceding para-
graph; together with stub tracks on Vest Temple Street just
north of First South Street and south of Fifth South. Street,
and double track on First South Street between Main Street
and West Temple Street.
l8
S+ T1 \ d ur.iYdiAS, UTAll '1'YAu1.JtV CCMTATII is oos-
secsed of certain rights, privileges and franchises granted by Salt
Lake City by which it, among, other things, is authorized to operate
electric trolley coaches over and upon the following streets of salt
Lake City:
Main Street - second Borth Street to seventh South street
bfate Street - First south. Street to seventh south street
b'ourth Last Street - Seventh south Street to Sedondo Avenue
Ninth Fast Street - 'third South street to rudson Avenue
West 'Temple Street - Fourth south Street to hoenty-±First south at.
Nest 'Temple Street - secona South street to north Temple Street
secona. 'hest Street - North 'Temple street to eighth North street
Nest Street - North 'Temple street to Second earth street
'Second North Street - Slain Street to state ,5treet
.!Month 'Temple Street - main street to Diinthr. Pest Street-- 1
Second South Street - State Street to +pest Temple Street
Third South Street - main street to Ninth Last Street
Fourth south street - ilain street to V7est Temple Street
tii South Street - West '.iemele Street to Ninth East Street
Seventh South street - Sa.in Street to Fourth east Street
SL'C'IGN 3. WilmefAS, T TA- LIGi T AN;J 10 J NOSPANY and sAL'i'
LAlt Cl'1'Y LJJUrS have petitioned the Soars of Gommissi.oners of salt La=ze
City, Utah, for consent to anu aneroval of the transfer of such
rights, privileges and franchises from JtEei LICHT lti 'T.Et.O'IJOL 10tPAi'ii
to sAl.,'1' Las Lasi CITY LII'fe; and
it is fitting and prooer that the transfer of such
rights, privileges and franchises be approved and confirmed ucon the
ter.ns and conditions hereinafter specified,
111' Is, tEller.OitS, OitlltlNndll that such transfer be and the same
is hereby approved and confirmed and there is hereby vested in s LI
LATE CITY LIIES, its successors and assigns, the right and privilege,
until July 1, 1933 to operate upon and over the streets of Salt Lake
City the linos of electric street railway iereinbefore described and
the electric trolley coach lines hereinbefore described; anu over anu
upon such other and additional streets as the doara of Commissioners
of Salt Lake City, by resolution, may permit.
The consent and approval hereby riven and the rights herein
confirmed are given, confirmed and accented upon the following terms
and conditions wp.icb supersede the terms and conditions specified 9.n
the several franchises transferred, to-wit: yy y�
- N - 1 8
1. 1QothinF in this grant shall be so construed as to prevent
Salt Lake City or its authorized agents from paving, sewerin:;, laying
as or water mains or pipe, altering, repairing or in any manner im-
proving any of the streets mentioned herein; but all such improvements
shall be made with as little injury as practicable to the operations
of said street railway and electric trolley coach lines.
2. In the operation of said street railway and trolj.ey coach
linos the ,grantee and its successors and assigns shall at all times
conform to the applicable ordinances, rules and regulations in force
for the time being in Salt Lake City.
3. Salt Lake City shall in no wise be Liable or responsible
for any damage that may occur in the operation of said street railway
or trolley coach lines by reason of the default or misconduct of said
grantee and its successors and assigns or their employees, and the
acceptance of this grant shall be aeemed en agreement on the part of
said grantee for itself and its successors and assigns to save Lhe
City harmless from and against all liability, loss, costs, expense
or damage of any nature arising out of any such default or miscon-
oust or which may accrue by reason of any accident or injury which
may occur in or by reason of the operation of said street railway
or trolley coach lines and to indemnify anu repay Daft Lake City for
arp loss, costs, expense or damage of any kind it may sustain by
reason of any such default, mnisconduct, accident or injury; and if
any judgment or damages for any such default, misconduct, accident or
injury shall be recovered against Salt Lake City, the recovery thereof
and the judgment therefor shall be final as between said Salt Lake City
and. said grantee and its successors and assigns and conclusive es to
the liability of the latter to the former.
4. During such time as grantee, SAL! LAru Cite LIRAS, its
successors and assigns, shall continue to operate electric street
railway lines as herein nroviaed and until such time as electric
railway service over and upon. such. lines shall cease and terminate,
said grantee, its successors and assigns, will maintain the space
inside the tracks and two feet outside of the same, including all
18
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space between double tracks, with the same material and in the same
manner as the rest of the street is paved.
5. boon the termination of the rights hereby vested in
SALT LAKE CITY bland to operate and maintain lines of street railway
or upon. abandonment of such electric railway service the said SALT
Leas Cl.'1'Y LINES, its successors or assigns, will either remove said
rails and thereafter repair the streets or cover said rails as di-
rected by- the Loard of t:ity Commissioners of halt Lake City. Time
obligation of SALT LA-`d, CI'i'Y L1i o, its successors or assigns, with
respect to the maintenance, removal or covering of tracks small be
limited to the tracks referred to and described 1.11. section 1 hereof.
6. during such time as Stii,C' laic C 'i'Y LieS, its successors
or assigns, shall continue to operate electric trolley coaches as
herein provided and. until such time as such service over and upon
such lines shall cease and terminate, said onil' Lana CITY LIOnS will
maintain all facilities used and employed in the operation of such
electric trolley coaches in a reasonably safe and proper manner.
Upon the termination of the rights hereby vested in eaLI LAKa
CITY LINTS to operate and maintain electric trolley coach service or
upon the abandonment of such electric trolley coach service, nAL`i'
Ll,nd CITY LINES will, as directed by the coard of City Commissioners
of Salt Lake City, remove ail overhead structures and facilities used
exclusively in the operation of such electric trolley coach service.
The obligation of SAL LALL CITY LIi`1dS, its successors and assigns,
with respect to the maintenance and removal of facilities used and
employed in the operation of electric trolley coach service shall be
limited to electric trolley coach lines referred to and described in.
Section z hereof.
7. In consideration for the right to operate a comprehensive
transportation system upon and over the streets of Salt Lake City
including electric cars, electric trolley coaches ana motor buses,
SALT LO,hn C1:'1'r L1tL+S, its successors and assigns, shall pay into the
City 'Treasury annually a license tax in. a sum equal to one-half of
one per cent of gross passenger revenues derived from operations within
- d - 18
III I
the City of electric street cars, trolley coaches and motor buses.
The amount so payable shall in no event be less than 0,000.00 nor
more than 415,000.00; provided, however, that in the event operations
hereunder by beLt LAcia CI'f. LILLS shall continue for less than any
full year then for such year the tax herein provided shall be pro-
rated and the minimum and maximum tax provided shall be such propor-
tion thereof as the period of operations shall bear to a full year.
0. Free t'ran_portation. All policemen and firemen of the
City, while in uniform and in the actual discharge of their duties,
shall be allowed to ride in and on the street cars and electric trolley
coachos of grantee within the boundaries of the City without paying
fare therefor and with all the rights of other passengers.
9. Adoption of this ordinance shall neither enlarge nor re-
strict any obligations assumed by UT AA LIG-LT AtJ; CPC Q COICOAICI
with respect to the streets of salt Lake City (other than those re-
ferred to in Section 1 hereof) upon which said company has heretofore
constructed, maintained or operated lines of electric street railway.
10. Assignment or 'transfer. Grantee shall not assign, lease
or otherwise alienate this franchise without the express consent of
the City.
11. This ordinance shall be deposited in the office of the
City itecorder of Salt Lake City and be published once in a newspaper
published within the limits of Salt Lake City, and shall not go into
effect until after the 20th day following its publication or until
after the both day following its final passage, whichever of said days
is most remote from the final passage of this ordinance. Thereafter
this ordinance shall become effective at 3:00 A.::. upon the day follow-
ing written acceptance hereof by bait Lake City Lines and upon written
notice filed concurrently with such acceptance, that transfer of
transportation properties from UTAH LiGht Iwo TLAC'l'iOit COLe'A'I to
SALT LAAA CITI LINAS has been effected. Such written acceptance and
notice of transfer must be filed with the City Recorder within six
months from the final passage hereof.
18
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L I
��PPa�assed by the Board of Commissioners of Salt Lake City,
the l.�,0tay of April, 1944.
May
Attest:
City Recorder
Bill No. IA
Published the 27tkx'klay of April,41944.
18 18
18
I I
18
0 PAD; :---i—
i101/11100140",AK
eff_tt,
ented to the UM of Commissioners
AND PASS£0
• APR 2 6 1944
114tica, /844
any REL.-ono
First tablicadoe ht
-goy
0,74/14.,
4211Y flQfiQ
"teop
Proof of Inbltratinn
lotted etates of America 1
STATE OF UTAH as.
COUNTY OF SALT LAKE
M.CillNNC
being first duly sworn, deposes and says, that he is the Principal Clerk
of the SALT LAKE TELEGRAM,a newspaper,published in Salt Lake City,
Salt Lake County, State of Utah.
That the Notice AN ORDINANCE:BILL #18
of which a copy is hereto attached,was first published in said newspaper
in its issue dated the 27
TH
day of
APRIL 19 44
and was published in each daily issue of said newspaper, on
APRIL..27.th for
thereafter, the full period of 1 TIMF.
the last publication thereof
being in the issue dated the 27`1H day of
APRIL 44
, A. D. 19
18
Subscribed and sworn to before me this 28th day of
APRIL
44
,A.D. 19
Notary Public
My commission expires Nov.25,1945
Advertising fee$
18
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AN ORDINANCE None specified 1n the several f anc ,<' Jr •utlee, shall be Clewed to
ORDINANCE ROVING, RATIFY- transferred,to-wit: ,i.on the street ears and elee-
INO AND COR o' CO THE TRANS- - 1 Nothing m this orbnt - Ilea of grantee within
PER TO LT'.N� ..'OITTYy LINES,ITS construed as to prevent Salt the City without
SVOCESSO "IONS,OF CER- or its authorized agents froy •d with all the
TAIN 1trG": -RIVILEGES AND sewering,laying gm or Fat
FRANO opFORE GRANTED nlpe,altering,renal/hie or In
TO, H0 ,SED AND EKER- er improving any of thest -.w„�.-*'' 't. a shalt
Honed herein; but all such
zany call.
dlgEl)+ 268T AND TRAC-. Jip AND
'18E, Jury
uryte'6hpr be made with m Tetpect t0
'BE,. 'y' the,Boud of of said street trailvv yt end else �,. it- (Other
Co eke City,Utah: ley eegeh lines, 'A-1,..: en 1
S .s:EAS,, U T A H' 2, re the operation of sal ,, OD o
hlis
LIB} N COMPANY is railway and trolley coach ll ijy7"`; Ir'
r
po ,rights,_privileges grantee and Its euccessors and as: i4'
ai loghother things, shall at all times conform to the , to
Ta a ose�011 ate•things. pllcable ordinances, rules and regSa ii ' '
Mons in force for the time being In Salt all ,in. x
ate 2 over o,up', Lake City.
fib'� ,. Salt t t5'; 3. Salt Lake City shell 1n nowise be Dress $,q88pp lS
k If v,A eo- liable'9r respomlWe for any'damaBgge in the cTlydeer o'
t at:D " t c°°• liable occur in tat oporatlon of 0Nd Salt Lake "),' s` ed one
s 1fY 1 vi. i e,p fit near atre00 railway er trolley mach lines by Ili a ne,,, i "'t n'iii
°4 f e 1, �0 Street reason of the default or misconanlet Of. limit.of, 1- e
Q{�iee, thence said grantee and its anc'maore and m qp
gt.Stte t-to Fleet signs or their employees,and the So following it. 7r. ' ails
i';A. . ee Sl ng Flrat aliens Of this grant shell bee emed the 30t1ijji1��11,��QQpppO 14 passage
± •y Street;thence go agreement Oh the part Df bald whlChe '1 Oe fer0Ot
vAgos F11fth South assign for Its li end City
harmless
and The th 1 r eO1 beep OD
Beet Street;thence aeefgas to seta the Clty IIerWeas from Thereof q13 deQotyr.
' terminatingg at the end against MI,liability,lose costs,ex- ffectl s at:IA.. It the de
6 !• with turhbark.on Pence or demege of any D0 101 arlsinH
if '. '1 .t Feet of Main ont which any ay a true b reason
e eel cof any nott Lake n �'41 �1 hewrltte•
i Y Ub.track east of or n may accrue w is Le y of any ttocooe • �'`i shah eo
�°'._ trodt on Fifth. accident r 0 injury which may occur in tint a t�, tit ahen0rte
jor et.reason or the operation of said tee orooert i ,1 �: 6HT AN
-street railway or trolley coach uses and TRACTION C. A,= ALT LAB=
(g ;lick line of lac- to indemnify and repay Salt Lake City,CITY LINES bee been'Off0Ccd Sue
rtrio Hg.�A at pees nt con- for any toss,costa,espeuee w damage rtten accept a e and not/ of trans
t:g ed ^F. •11 from a point-at .4 any kind it may sustain 13 reason of far must be filed-with the City Re
-he south pprep line of Utah Light any such default,misconduct,accident colder within elo months from thefin:
.and Traction •parry's;North, Salt.or Injury;and If any judgment or dam- passage hereof.
Lake materiel ...rd., tdenee mong ages for any ouch default,misoonduet. Passed by the Board of Cominleslon
Ruth North Street to Third West' accident or injury shall be recovered era of Salt Lake City,the 75th day o
' ..Street where sold line connects with against'Salt Lake City, the recovery April, 1g49.
the tracks of the Bomberger$ok line thereof and the judgment therefor EARL 3.GLADE
Company;also the double track line- hall be final as between said Salt Lake - Mayor,
extending from a connection with pity and said,grantee and its success= Attest:IRMA P.BITN$R,
the tracks of the Eamberger Railroad and assigns and conclusive art to the (SEAL) Cite Recorder.
'Company at a point near the Inter- liability of the latter to the former. Bill No.18, -
_OWN.n of Learned:Avenue and Third 9, During such time as grantee, Published'the 2gth day of April,1044.
__OWN..
Street,thence along Third Weet SALT LAKE CITY LINES,its 0 operate
-
alongo,Moat South Street;thence and assigns,shall continue-o operate ---
efong.Fleet South Street to Weet electric street rallies),!Into as herein
Temple Street; thence along Watt provided and until such time as elec-
Temple Street to Fifth South Street; trio railway service over and upon each
tth6,ence.along Fifth South Street tO line shall came and terminate,said
'where sold line connects with the grantee,its aucceseera and assigns,will
IDDtrrOOeflnl grlPaardairephi togettherlwith andntwo f ettacoutside etofl the etdearns Vim-
just norrtthkof First South Streettand withmthel same mateenalda aeitn the.
south oI Fifth South Street, and lime manner as the rest of the street
double track on Fleet Bluth Street ie.paved.
between Main Street end West Tam- 5, UDOD the'termination of the
pie Street. rights hereby vested In SALT LAKE
SECTION 2. WHEREAS, V TAM CITY LINES to operate and maintain
LIGHT AND TRACTION COMPANY is lines of street railway or upon aban-
poseeweed of certain right., privileges donment of such electric railway eerv-
end franchisee granted by Salt Lake ice the said SALT LAKE CITY LINES,
City by which It,among other things, its aucee0eore or°seism.,will either re.
Is authorized to operate electric trolley move mid rails and thereafter repair
coaches over and upon the following the streets or cover said rails'as di-
streets of Salt Lake City: rooted by the Board of City Commie-
Main Street—Second North Street to sioners of Salt Lake City. The oblige-
Seventh South Street. lion of SALT LAKE CITY LINES, Its
State Street—First South Street o successors or Resign.. with respect to
Seventh South Street, the maintenance,removal or covering
Fourth Nast'Street—Seventh South of tracks shell be limited to the.tracks
Street to Redondo Avenue. referred to and deeorlhed in Beotlon 1
Ninth East Street—Third South Street hereof.
to Hudson Avenue. 8. During eveli,time lie SALT LAKE
West-Temple Street—Fourth South CITY LINES,tie successors or assigns,
Street to Twenty-fleet South Street. ' shall continue to operate electric trol-
Woot Temple Street—Second South ley coaches es herein provided and un-
Street to North Temple Street. tit such time as such service over and
Second West Street—North Temple upon such lines shell cease'and ter-
Street to Eighth North Street. mimeo,said SALT LAKE CITY LINES
Ninth West Street—North Temple will Maintain all facilities used and
Street to Second North Street. employed In the operationof. such
80Cei[d North Street—Main Street to electric trolley ooaohoe'm a reasonably
State Street. safe and proper manner.
North Temple Street—Main Street to Upon the termination of the rights
Pinta West Street. - hereby vested.in SALT LAKE CITY
Second South Street--State Street to LH=to operate and maintain e100t11O
West Temple Street. trolley coach service or upon the abam-
Third South Street—Main Street to donment of such electric trolley coach:
Ninth EastStreet. service,SALT LAKE CITY LINES will,
Fourth South Street-Main.Street to as directed by the Board of City Com-
West Temple Street. miselonere.of Salt rake City, remove
Fifth South Street—West Temple all overhead etructuree and facilities'
Street to Ninth East.Street. used ekclusively in the operation of
Seventh South Street—Main Street to such electric trolley coach eervl1e. The
Fourth East Street obligation of SALT LAKE CITY LINES
SECTION 9. WHEREAS,' U T A H.its euceessora and assigns,with respect
LIGHT AND TRACTION COMPANY to the maintenance'and removal of
and SALT LAKE CITY LINES have pe- facilities used and einployed In the
tltiorled the Beard ofCotrimiseloners of operation'of electric trolley coach sere-
Balt Lake City, Utah, for consent te'Joe shall be limited yo electric trolley-
and approval of the.transfer of such coach lines referred to and described In
rtgate, privdegee and franchises from.Section 2 hereof.
TITAN LIGHT AND TRACTION COM- p7e, In consideration for,the right to
F'dNY�to SALT LAKE CITY LINES; ,gpetem upon land'over r the strreetec of
anWh EREAS, It le'fitting d propeion
r Salt Lake City including-Searle-raw,
that the transfer of such rights,prim- electron trolley coaches and meter'
confirmed ripend n the termee be s andsd and ondl- eu5celsore and asiden5,,citall'LT LAKE CITY pays Into,
Mons hereinafter specified. the City Treasury annually a license
IT IS,THEREFORE,ORDAINED that tax In a sum equal to one-half of one I
•uch transfer be and the ease 1s hereby per cent of gross passenger revenues
gbproved and 00nflrmed and th0rq4�]�e'-derived from optratl5ne Flthin the City
hereby vested Ip SALT LAKE CITY of etecWir street g4oBre, moue.oo0Chta
LINES,its rivcicsee e, nod aeelgns.the, and motor huaee, The amount han`
to,o and privilege,until July 1.legs able ehaU in,no event b 1
o'operate upon sod over the streets ti d0A0a nor more than iktiVe0.51b tre-
at salt'Cobb Clty the litres 01 electric tided,however.that 1n thkbyAnt Spann
rellway heteenllefore deeoribed LIE hereunder ilopn SALT LAKE CITY'.
R4,d Sloe Milano trolley c0�,ch lines, LINES shall'en,force for lees than the any
ern afore deearlbed; and aver,and-feel year then ouch peer-'the tong
i5 e1ro11.other and additlopai vtreete;herein prodded Wail he p$d'*t
Wd o2 solpni n, to
s pe gat the mlnlmum and atatattro taxem•.
Ratty Fjy resolution, W t., Vlded ehaU ba-AuOh..popDC0104 theme.
4n a tr.1 Per76d of^o1 ,".°-ns shaft Scar'
ed Op ,Eit d� 8a Fr.. Trans ertgt_ip),, AlF OHee=.
M... ,.Qna Ash d fir�amVA M Lha_:Ot1g w e ln.
NM AU de ROMA tl ty Unifo ha abd`H ills dtee e