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HomeMy WebLinkAbout337 of 1900 - Ordinance 337 of 1900 – Franchise to Salt Lake Valley R. R. Co. to construct and operate street ra AN ORDINANCE GRANTING TO THE SALT LAKE VALLEY RAILWAY COMPANY', ITS SUC-i CESSORS AND ASSIGNS A RIGHT TO CONSTRUCT, MAINTATN USE AND OPERATE A STREET RAILWAY ON CERTAIN STREETS; AVENUES AND PUBLIC PLACES IN SALT LAKE CITY'; UTAH. Sec. Sec.l. Be it ordained by the Mayor and Cit Council of Salt Lake City, Utah,-that-co -' :d authority -are hereby granted and duly vested in the Salt Lake Valley Railway Company, a cry porafiion organized and existing under the laws of Utah and to its suc- cesso rs and assigns, to construct, maintain and operate a single or double track street railway, and that no turnouts or switches be laid. without special permission from the City Council, said tracks to be laid with T rails of a weight of not less that 70 pou.nds to the linear ,, � , laid to a gauge of four feet eight and one half inches in, along 1 and through the streets, roads, p clic lands and highways hereinafter ! ' designated and upon the following terms and conditions. E ' Scw 2. The route of said railway shall._he as follows: - j Commencing at the intersection of 1st West and 3rd South Street, running 1 thence North on center of said First West Street 8192 feet, thence North 29 degrees 50 minutes West 370 feet over open space to the South side of Warm Springs property; thence North on a line to be laid out by T the City Engineer of Salt Lake City through the Warm Springs property and North of that point to the Northern boundary of the city, with the understanding that the road is to be kept on the East side of the County Road. Should the present lesees of the Warn Springs property-_Yt Lv their rights then the land belonging to the city which is by this franchise granted to the said railway company is granted upon.the fol- lowing terms, viz: That before the said railway company shall enter upon or proceed to use said right of way over the city land there shall be named by the city one citizen, by the said railroad company one citi- zens, who as soon as appointed shall proceed to appraise the value of the land to be used for such ri„ht of way. If the two citizens so appointed cannot agree as to the value of said land, they shall select a third citizen and when the three appraisers so selected shall ofr a have majority thereof 4agreed upon the value of said land tkl the valuation so fixed shall be paid into 337 the City Treasury by the said-` railway company. manner to be approved by the City Council and made to conform to the established grade of said streets and said railroad company shall. be !wired to ,ravel for ten feet on each side of the tracks, the work to be done under the direction of the Supervisor of Streets of Salt Lake City, and if said.grade is afterwards changed by order of the City Council, said grantee its successors cr aresi;;ns shall at its own expense change the track or tracks to conform to same: And shall at ail times keep the road ballasted with gravel to within one and one hall inches of the top of the rail. If at any place any of said streets or avenues upon which a right of way is hereby granted shall not be at grew the part to be occupied by said track or tracks and for a sufficient dis— tance on either side to make the street passable must be brought to grade by and at tie sole expense of said grantee, its successors and assigns. Whenever any of the streets along which said right of way is granted shall be paved, then said grantee, its successors aid assigns shall pave between the rails and between the tracks and for a distance of six inches beyond the end of the ties with such material as the City Council may direct, and shall in all, respects conform to the requirements of Section 266 of the Revised Statutes of Utah of 1368. r 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 ele.;trieity, with all necessary wires and poles, what is known as the underground electric trolley system, or the use of coin- -creased or ligrid air; but the use of any other means of tract] on than those mentioned herein is forbidden by tee terms of this franchise. Sec. 5. Said grantee, its succoirsors and. assigns, shall re- ai pair so much of all streets, cross walks, gutters and water courses opera— #"�._ as may be disturbed during the construction or maintenance and of tion of said railway, and shall at all times keep in good repair the :pace between the rails and between the tracks and extending ten feet on each side and not less than six inches 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 passage of water. Sec.6. Said grantee its ac cessors or assigns sha]_1 put in and maintain such crossings where the line of said railway intersects streets of Salt Lake City as shall fror time to tithe be required by,the City Council and shall without req .irement from said City Coun.cil.;at } I upon the construction of said road put in and maintain suitable cross- ings at such intersections. SIC. 7. Said tracks sr_a:ll be laid and the road operated so as to cause no unnecessary tmped anent to the co, mo;_ 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, riles and re,gulatrons as have been or hereafter may be adopted by the City Council of Salt Lake City in relation to the construction and operation of electric street railways within said city. Sec. 8. Said grantee its successors and assigns, shall have the right to do a general passenger business and I. connection therewith shall have the right to do an inter--urban express business for hire on said railway, and shall be allowed to load and unload such light. .nter--urban express matter onlyx at such places as shall be per- mitted by the City Council of Salt Lake City, provided however that said corporation its successors and assigns shalt. run no freight trains or freight cars upon said road excepting only for the pia-pose of hauling material for the building or repair of its road or the repair of the streets herein re;aired and its privilege of doing an interurban express 1 business is limited to carrying the same in a closed express car in con- nection with its regular traffic or in a closed compartment in connec- tion with the passenger car; the intention being to prohibit said gran- tee its successors or assigns from doing a general railway business ex- cept in the carrying of passengers and light express matter in its con' cars in the manner hereinbefore provided. Sec. 9. Nothing in this grant shall be construed so as to prevent the paving, severing, laying gas or water pipes, altering repair- in, or in any manner improving any of the streets herein mentioned, yy or any other streets of said city; but all such improvements shall he made with as little injury as practicable to said railway and the oiler- s ting thereof. Sec.10. The rate of fare to be cha;ge by said grantee, its successors ax or assins, shall be not to exceed five cents for the carriage of a single passenger within the limits of Salt Lake City. Sec.11. The rights and franchises herein granted shall be- come binding; upon the written acceptance of the, Salt Lake Valley Rail- way Company filed with the City Recorder of Salt Lake city within sixty clays next after the passage of this ordinance. Sec.12. The grantee herein shall ,,lace vestibule cars upon said railway with all necessary and modern improvements for the con- s ve;,.ience and comfort of passengers, which shall- be run thereon each and every day, both ways, at least every thirty minutes within the city limits between the hours of 7 a.m. and 7 p.m. and every hour from seven p.m. to 11 p.m. or as much oftener as the public convenience tray require, and under such regulations as the City Council may fort time to tine prescribe. See.13. The grantee heroin its successors and assigns shall pay into the Treasury of Salt 1Xeke City a license ig tax of not less than >25 per annurm for each and every motor car operated upon said rail- way by, it. Said tax shall become payable after said road shall be in operation. Sec:.14. If this franchise, be not accepted in writing by the grantee within sixty days after the granting of the same or R if the grantee shall not in good faith commence tie construction of said railway within ninety days after the granting of this franchise;, or if the grantee shall not continuot,sly prosecute the construction of the same and finally complete and have the same in operation within one year after the a.iceptafrce of this franchise, then, upon the happening of either or any of such events, this ordinance and franchise with all its provisions herein embodied shall become absolutely null and void without any action on the part of the City Council. Sec.15. That Salt Lake city shall in no way be lab]. r dama-e that may occur in the coast�atiAnAof said responsible for any .� railway by reason of the default or misconduct of the said grantee and its successors and assigns or their employes; and the acceptance of this grant shall be deemed an agreement on the part of said grantee, for itself and its successors and assigns, to save the said city harmless from and against all liability, loss, costs, expense or damage of any nature arising out of any default or misconduct, or which mat accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said railway; and to indemnif; and. re- pay said city for any loss, costs, expense or damage of any kind it may sustain by reason of any Sc.u _ default, misconduct, accident or injury; and if any judgment for damages for any such default, nisconduet, acci- dent or injury shall. be recovered against the said city, the recovery thereof and thejudgment therefor* shall be final as between the said ,> city and the said grantee and its successors and assigns and conclusive as to the liability of the latter to tie former. • • Sec. 16. This franchise is granted subject to the lea se i hold interest of the present lesees of the Warm Springs proper y and subject also to prior rights if aid exist in favor of any person or corporation in any portion of the right of way herein granted* Sec. 17. The grantee herein its successors and assigns shall i hold the city harmless from a`-y liability on account of damages to any ,p private property within the city of Snit Laie by reason. of the granting of this franchise. Sec. 1ir This franchise is fMther granted and, is accepted by said grantee upon the express conditions that if the said- grantee its successors and assigns shall_ fail in the performance of any o the conditions imposed herein or if the grantee herein its successors or assigns shall violate any -se ' 01( provisionkhere.in contained then- and upon the happenir:, of the failure to perform an,; condition herein said grantee of any provision imposed, or upon_ the violation of give notice to herein expressed, the City Council of Salt Lake City ma;, the grantee its successor;; or assigns to perform such condition or to desist from violation of such provision and if the grantee or its suc- �r after such notice is given cessors or assigns shall fail for sixty day ist from the violation of such provision after such or shall fail to de.' major-notice is given then and in txa.t event the City Council mayby • ity vote declare all privileges herein granted. forfeited and proceed -to . r — take possession of the road bed and to control the same as if this fran- chise had never been granted. Sec This ft inchi c is ranted for the term of fifty years from the date of the passage of this ordinance, subject however to tk all the conditions and limitations herein eynressed. Passed by the City Council of Salt Lake Ci. Utah, May 4th, 1900, and referred to the Mayor for his approval( City Reco e 900. , ..-31:3S- 4‘45j° leaseLjt,1 S.C., I, R. C. Naylor, City Recorder of Salt Lake City, State of Utah do hereby certify that the above and foregoing is a full, true and corn rect copy of an ordinance entitled "An ordinance grantingcto the Salt Lake':Valley_Rai1way-Coihpany; its successors and assigns, a right to construct, maintain, use and operate a street railway on certain streets avenues and public places in Salt Lake. City, Utah. Passed by the City Council OfpSalt..,7iake City, Utah, May 4, 1900; vetoed by the Mayor May 9th, 1900; again passed by the City Council of Salt Lake City May 16,1900, by more than two thirds majority. In witness whereof, I have hereunto set my hand and affixed the corporate seal of Salt Lake City, this lath d of y 1900. ` City order. Vetoed by the Mayor and p ed by more than two thirds majority May 16, 1900. ! ;'‘___C/1 j- Ctd _ President of the City Council. • • • . ,_,.�u' • . S '