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HomeMy WebLinkAbout31 of 1912 - Franchise, Salt Lake and Los Angeles R.R. Company. ROLL CALL �^ 6-7 Salt Lake City, Utah, �'VX-Ret,-- J _I911. VOTING' Yes No I move that XTl. Keyser .. Korns I r Lawrence Morris - Mr.Chairman �h� f` RnsoLT - - 7 • 31 AN ORDINANCE . An ordinance granting to the Salt Lake and Los Angeles Ra.ilwa Company, a. corporation, and its successors and assigns, a franchis= and right of way to construct, maintain and operate an electric railroad upon and over certain streets of the City of Salt Lake, and upon and over certain lines of railroad track upon certain streets of said city, now owned and operated by the Utah Light and Railway Company. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. A franchise and right of way is hereby granted an. given to the Salt Lake and Los Angeles Railway Company, a corpora- tion, and to its successors and assigns, to lay, construct and operate a double track standard gauge railroad to be operated by gasoline motor or electrically transmitted power, for the tra.nspor.- tation of passengers, express and mail matter, together with all necessary and convenient switches, wyes, turn-outs, side-tracks an. cross-over tracks, and to erect and maintain and operate all neces sary poles carrying telephone, telegraph, trolley and 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 as follows, to-wit: Commencing on South Temple Street at the western boundary of Salt Lake City, and running thence east on South Temple Street t2, a point at the intersection thereof with Tenth West Street; thence in a northeasterly direction through the west half of Block 56, Plat "C", Salt Lake City Survey, to the center of North Temple Street; thence east on North Temple Street to connect with the tracks of the Utah Light and Railway Company at or near the inter- section of North Temple and Ninth West Streets. SECTION 2. A franchise is hereby given and granted to the .D -g- Salt Lake and Los Angeles Railway Company, a corporation, to oper- ate its electric or gasoline motor cars over and on the following lines now operated and mairtained by the Utah Light and Railway Company, upon the payment to said last named company of a just and equitable proportion of the cost of the constructing, maintaining aid operating the portion of the tracks of the said Utah Light and Railway Company so used: Commencing at or near the intersection of North Temple and Ninth West Streets, and thence running east on North Temple Street V to Turd West Street; thence south on Third West Street to South Temple Street; thence east on South Temple Street to West Temple Street; thence south on West Temple Street to First South Street; thence west on First South Street to Third West Street; thence nord. on Third West Street to North Temple Street; thence west on North Temple Street to Ninth-West Street, to connect with the tracks aforesaid of the Salt Lake and Los Angeles Railway Company which are to be constructed from South Temple Street to North Temple Street as hereinbefore provided. SECTION 3. That all of the railway tracks constructed under this franchise by the grantee, shall be laid upon and conform to the established gradesof the several streets, ways and blocks upon which they run; and if any of such grades are afterwards changed b, the city, the said grantee shall, at its own expense, change and maintain its tracks to conform to the same; it shall keep and main- tain its road ballasted with gravel to within one and one-half inches of the top of the rail; and whenever any of the streets occu pied or used by the said grantee for its said railway shell be paved, the said grantee shall pave with the same material, alike in quality, quantity and proportion with that used in paving the streets, the space between its tracks and the rails thereof and for a space of two feet outside of its rails, and shall renew or repair / the said paving, from time to time, as may be necessary; all ties -3- laid upon a concrete base in its tracks shall be of such propor- tions as may be directed by the City Engineer, end the said grantee shall keep the same in repair. The said grantee shall at all times maintain and keep its said tracks and road-bed, oars and other equipment in the highest possible state of efficiency, subject to the approval of the municipal authorities. SECTION 4. Said grantee shall lay and maintain its said tracks, and operate the said railroad so as to cause no unnecessary obstruction or impediment to the common and ordinary use of the streets upon which it is laid and operated, and at all times in the construction and operation of the said railway within the limits of the city, it shall and will conform to all ordinances, rules and regulations which have heretofore been, or may hereafter be enacted Or adopted in relation to the operation of railroads, street rail- ways and tram-ways in said pity. SECTION 5. The said grantee shall, at its own expense, con- struct and maintain under the supervision and to the satisfaction of the City Engineer, sufficient conduits for the conveyance of the water of all water ditches crossed by its tracks, so as to admit of the free passage of the water, and shall repair and keep the same in good condition. SECTION 6. Said grantee may employ for its motive power gaso- line motors, or electrically transmitted power in the usual way, by mess of wire and span construction. In the span construction all poles shall be of the size, shape and material prescribed by the Board of Commissioners, and shall be placed at places as directed by the City Engineer. Salt Lake City shall have the right to use any or all of the poles which may be erected by the grantee for the purposes aforesaid, for the purpose of placing. thereon such wires and for such purposes as may be necessary; provided, that such use by the city shall not interfere materially with the use of said. poles by the grantee. _4- SECTION 7. The said grantee in accepting this franchise, agrees that it will equip its said railway with all modern appli- ances, cars and equipments, such as are used and employed on first class street or interurban railroad systems generally, and that it will keep its said road so equipped for the convenience and comfort of its passengers, and th ;t it will provide its cars and gasoline motors (if any) with proper fenders, brakes and other appliances necessary for the safety and protection of its passengers and em- ployees; and that it will operate its cars in such a manner as to interfere as little as possible with the public use of the streets; that it will not operate upon its said railway upon the streets of the city any train containing more than two cars, or one motor car '. ������� bra and a trailer attached thereto, no car to be more than Y.`.?in" "=;- , 4}'`•' Alei ' in length; and that it will run and operate its said cars upon its said railway at such intervals of time as will properly accom- modate the public; that it will collect no fare for the carriage of any person between any points within the limits of Salt Lase City, and that it will not at any point on the tracks of the Utah Light and Railway Company over which the grantee may acquire trrckage facilities pursuant to this ordinance, or at any point on its own lines within the city limits, take up or receive any person other than its own officers, agents or employees, or any express or mail matter for carriage and delivery to any point on the tracks of the Utah Light and Railway Company, without having first made an agree- ment therefor with the Utah Light and Railway Company; and that it will in no case collect any fare for one continuous trip between points within the city limits, to exceed five cents. The said grantee further agrees that Salt Lake City shall never be liable or responsible for any accident, injury or damage to person or prop- erty that may occur by reason of the construction or operation of its said railroad, or by reason of the default, misconduct or neg- ligence of the said grantee, its successors or assigns, or its or -5- their gents or employeesi And in this behalf the said grantee, for itself and its successors or assigns, agrees to save the city 1 has/Sloss fiom and against any and all liability, loss, cost, expen:e or,damage of any kind or nature, arising because of the construe- "' ,tion or operation of its said railway, whether by the default, mis cynduct or negligence of the said grantee, its successors or assig s, its or their agents or employees, or otherwise, or which may aocru: by reason of any accident or injury to person or property during such construction or operation: and to indemnify and re-pay the city for any such loss, expense or damage of any kind, which may b: sustained by the city; and to defend at its u.vn expense, upon due notice given, any suit at law or in equity brought against the oit. for damages, or loss on account of any default, ac -.ident or injury as aforesaid, and in the event of any recovery being had therefor against the city, it will pay and satisfy the judgment, which sha be final and conclusive evidence as to the liability of the grantee to the city. SECTION 8. In consideration of this franchise and the privi- leges granted thereby, the Salt Lake and Los Angeles Railway Com- pany, for itself, its successors or assigns, agrees that it will forthwith upon the perfection of its arrangements for traffic facilities with the Utah Light and Railway Company, and before .eginning to operate its cars over the tracks of said company, pave North Temple Street from the western approach of the viaduct now in place on said street over the tracks of the Oregon Short Line Rail- way Company, to the west side of said Ninth West Street, including the entire intersection of Ninth West and North Temple Streets, ex- cepting the space between and outside the tracks of the Utah Light and Railway Company required by its franchise to be by it paved; and to curb and gutter the said street on both sides for the dis-- tsnce aforesaid, all with the material, in quality, quantity and .roportions as prescribed by the City Engineer, and apsrovod by the -6- Board of Commissioners, and in accordance with the ordinances, rules and regulations of the city at the time existing. SECTION 9. In further consideration of this franchise, the said grantee agrees to pay into the city treasury twenty-five dol- lars per annum as a license fee for the privilege of operating each and every oar used on its railroad. Provided; that nothing herein contained shall be held to excuse or release the said. grantee from its obligations to pay other assessments or taxes lawfully aasesse• against its property. SECTION 10. Salt Luke City reserves the right to reF_:alate an control the speed of all cars operated by the grantee, its successors or assigns, under this franchise within the city. Nothing in this grant contained shall be construed in any wise to affect the ever- else of the police power of the city for the safety and health of f its agents , contractors, or others to whom franchises are or may be granted, co the people, or to impair the rights and obligations of-the city,094 • do all necessary paving, laying of gas, water, sewer or other mains or pipes, altering, repairing or improving any of the streets herei, mentioned, without in any wise being lieble to sat ,,-.;r.,ntec, its successors or assigns in damages therefor. SECTION 11. By the acceptance of this franchise, the grantee herein agrees that any interurban street railway having permission to operate its trains or cars on any of the streets occupied by the tracks of the grantee, or having permission to operate its ears upo. the tracks of the grantee, may use said tracks jointly with the grantee upon making payment to said grantee of a fair proportion of the cost of constructias, maintenance and operation of the portion of said grantee's tracks so used. SECTION 12. If the grant of this franchise be not accepted in writing by said grantee within thirty days after this ordinance be- comes effective, or the construction of said railway be not cc menc d within six months after this ordinance becomes effective, or if saia railwr:y be not completed and in operation within two years after -7- this ordinance becomes effective, or if the grantee, its successor.. or assigns, shall fail or refuse to comply with any of the conditioi of this grant, or to perform any of the obligations herein imposed upon it or them, then this franchise shall become null and void; provided, however, that should necessary litigation cause delay in the commencement or completion of said railway, then such time sha-1', be deducted from the above periods. SECTION 13. This franchise is granted for the period..expirin;; on the first day of January, A. D. 1959. SECTION 14. This ordinance shall take effect upon ita y. publication. 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