336 of 1900 - Ordinance 336 of 1900 – Franchise to Salt Lake Valley R. R. Co. to construct and operate street ra i
Pill No.
AN ORDINANCE GRANTING TO THE SALT LAKE VALLEY RAIL^'AY COMPANY, ITS
SUCCESSORS AND Aa:'IG7S, A RIGHT TO CO':3TRUCT, MAINTAIN, U:7E AND OPERATE
A STREET RAILWAY WI CERTAIN STREETS, AVENUES AND PUBLIC PLACES IN SALT
LAKE CITY, UTAH.
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Sec. 1.- BA it ordained by the Mayor and the City Council of Salt
Lake City, Utah, that consent, permission anti authority are hereby given,
granted and duly vested in the Salt Lake Valley Railway Company, a cor-
poration, organized and existing under the Lawn of Utah, and to its 5140-
cer:actr't; .ici,l aa.:aigno, to construct, maintain and operate a siti1,4 or
double tract: a:.rent railway; said tracks to he laid with "T" ;rails of a
weight not less than Seventy round:, to the linear yard, laid to a guage
of 'a tr 'Pt'c:t s'.i ;?^.t. anti One-half Inches in, along and t-hroug,h the streets,
roads, public lands and highways, hereinafter designated, and upon the
fol.Ioa1rig terms and conditions:
Sec. The route of said railway shall he as follo'we: Commencing
at the intersection ection of Third "Pear. .street and North Temple street; running
thence north on center of said Third Vest Street 13192 feet; thence north
29 degrees, BO' West, 370 feet over open space to south side of Warm
Springs property; thence north on a line to he laid out by the City en-
gineer, of Salt Lake City, North of Warm Spring's property; thence north
37 degrees, 40' west through old gravel pit, and to the east side of the
County Rend 940 feet; thence north 24 degrees, 40' west along the east
side of county road 1430 fe;:t; thence north 43 degrees, 45' west, cross-
ing County Road and running. on the west side of travelled road and of
sewer and parallel with same 3922 rest; thence north 3 degrees, 58' west,
crossing County Road and running on the east side of said road and paral-
lel with same 2798 feet; thence north 40 degrees, 15' east, running over
sewer and through Hot Springs Idill 100'feet east of Springs; thence north
28 degrees,, 30' east along side of County Road; thence north 6 degrees,
30' east along ae t side of said runty Road 1290 feet to City limits,
or hounding- between Salt Lake and Davis Ao, pties.
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Sea. 3.- Said track or tracks shall be laid along the *enter of the
streets, unless otherwise directed by the City Council and in a manner to
be approved by the City Council, and laid to conform to the established
grade of said streets; and if said grade is afterwards *hanged by order
of the City Council, said grantee, its successors and assigns, shall, at
its own expense, change the track or tracks to conform to same; and shall
at all times keep the road ballasted with gravel to within One and one-
half inches of the top of the rails. If at any place any of said streets
or avenues upon which a right of way is hereby granted shall not be at
grade, the part to be occupied by said track or tracks and for a warn-
slant distance on either side to make the street passable, must be
brought to grade by and at the sole expense of said grantee, its succes-
sors an(' assigns. whenever any of the streets along which said right of
way is granted shall be paved, then said grantee, its successors and as-
signd, shall pave between the rails and between the tracks and for a
distance of six inches beyond the and of the ties, with such material as
the City Council may direct, and shall in all respects conform to the re-
quirements of Section 266 of the Revised Statutes of Utah, of 1898.
Sec. 4.- Said grantee, its successors and assigns, shall have the
right to employ as a means of traction, an overhead trolley wire system
of electricity with all necessary wires and poles, what is known as the
under-ground else trio trolley system, or the use of compressed or liquid
sir; but the use of any other means of traction than those mentioned
herein, is forbidden by the terms of this franchise.
Soo. 6.- Said grantee, its successors and assigns, shall repair 00
much of all streets, cross-walks, gutters and water courses, as may be
disturbed during the construction or maintenance and operation of said
railway, and shall at all times, keep in good repair, the apace between
the rails and between the tracks, and extending two feet on e::rh side and
not less than six inohes beyond the end of the ties. It shall also lay
and maintain, at its own expense, at all water courses crossed by its
tracks, good and sufficient water boxes so as to admit of the free pas-
sage of water.
Sec. 6.- Said grantee, its sitasasors and assigns, shall put in and
maintain such crossings, where the line of said railway intersects street
of Salt Lake City, as shall from time to time he required by the City
Council, and shall without requirement, from said City Council, at once,
upon the construction of said road, put in and maintain suitable crossing
at such intersections.
Sec. 7.- Said tracks shall be laid and the road operated so as to
cause no unnecessary impediment to the common and ordinary use of the
streets upon which it is laid, and in the construction and operation of
said railway, said grantee, its successors and assigns, shall at all
times, conform to such ordinances, rules and regulations as have been or
hereafter may be adopted by the City Council of Salt Lake CS ty, in re-
lation to the construction and operation of electric street railways
within the City.
Sac. a.- Said grantee, its successors and assigns, shall have the
right to do a general passenger business, provided, however, that said
oorporation, its successors and assigns, shall run no freight trains, or
freight cars upon said road, excepting only for the purpose of hauling
'material for the building or repair of its road or the repair of MS
streets herein required; the intention being to prohibit said grantee,
its successors or assi ns, from don a general railway business, except
in the carrying of passengers.
Sec. 9.- Nothing in this grant shall be construed so as to pre-
vent the paving, sewering, laying gas or water pipes, altering, repair-
ing or in any manner improving any of the streets herein mentioned, or
any other streets of said pity, but all such improvements shall be made
with as little injury as practicable to said railway and the operating
thereof.
Sec. lOsS The rate of fare to he charged by said grantee, its suc-
cessors and assigns, shall he not to exceed five cents for the carriage
of a single passenger, within the limits of Salt Lake Cits.
Sec. 11.- The rights and franchises herein granted, shall become
binding upon the written acceptance of the Salt rake Valley Railway Co.
filed with the City Recorder of Salt Lake City, within sixty days next,
after the passage of this ordinance.
Sec. 12.- The grantee hereb '*at1 place vestibule cars upon said
railway with all necessary and modern improvements for the convenience
and comfort of passengers, which shall he run thereon each and every day,
both ways, at least every thirty minutes, within the City limits, between
the hours of Six A.M. and Eleven P'ifty P.M., or as much oftener as the
public convenience may require, and under such regulations as the City
Council may from time td time, }•
prescri e.
Sec. 13.- The grantee herein, ite successors and assigns, shall pay
into the treasury of Salt 7eake City, 1 % of ttaw•r
gross receipts, +MWr
ee Said tax shall be-
come payable yearly from the time said road shall be put in operation.
Sec. 14,- If thin franceiee be not accepted in writing, by the
grantee within sixty days after the granting of the same, or ii' the gran-
tee shell not in good faith, commence ten eonetruetion of .:.aid
within ninety days after the erantinr of this: franchi:e, or, if the
grantee shall not continuously prosecute the construction of the same and
finally comeleeo and have the e ee in operati on within one year after
ate .
the acceptance of thin franchien, with all, i.to provieione herein embodied
shall become absolutely null and void witneet any exception nn the :.cart
of the City Council.
:'sc. 13.- That Salt Lake City shall in no y he liable or respon-
eibbe for any damage that may occur in the construction or operation of
said railway, by reason of the default or misconduct of the said grantee
and its successors and assigns or their emplo ees, and the acceptance of
this grant shall he deemed an agreement on the part of the said grantee,
for itself and its successors and assigns, to sate the said City harmlese
from and :a;;ainst all liability, loss, caste, expense or damage of any
nature, arising out of any such default or misconduct, or which may ac-
crue by reason of any aocideit or in,1ury, which may occur in or by reason
of the construction 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 such default, misconduct, accident or in-
jury; and if any judgment for damage for any such defaultip misconduct,
accident or injury shall he rcovered against the said City, the recovery
thereof and the judgment thereof, therefore shall he final as between the
• said City and the said »6 �ahkt.i,ts successors and assigns, and con-
clusive as to the liability of the latter to the former.
Sec. 16.- This franchise is granted for the term of twenty-five
years from the date of the passage of this ordinance, and is accepted by
said grantee upon Lhe express conditions that if the said grantee, its
successors and assigns shall fail in the performanoe of any of the con-
ditions imposed herein for thirty dues after notice to perform the same
pursuant to resolution of the City Coincil, that the City Council may by
a two majority vote, declare the privileges herein granted, forfeited,
and proceed to take possession of the road end to control the same as if
this franchise had sever been granted.
It is further expressly understood and agreed, by and between the
said Municipality and the said Salt Lake Valley R . Co. and this fran-
chise is granted upon the express conditions which shall, by the aocept-
ance of said franchise by said railroad company, be deemed to be as-
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sented to by it, that the said `eunicipa.lity shall, at its option, have gio
• right and privilege, at any time it may elect so to do, to take the said
road or that part of the same constructed under the terms of this fren-
chise , together with its cars, equipment, machinery and other appliances
Connected therewith upon pajment, to said company its successors, or as-
signs, of the actual value of the same at the time of its election to
exercise said option and th t in estimating the value thereof, no allow-
, anoe shall he made for the franchise hereby granted.
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