34 of 1909 - Ordinance 34 of 1909 – Franchise, Salt Lake & Los Angeles R.R. Co., construct and operate steam or k
AN ORDINANCE .
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An ordinance granting permission to the Salt Lake and Los Angelo
Railway Company, a corporation, to construct and operate a steam or
electric railroad through certain streets of Salt Lake City.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That the Salt Lake and Los Angeles Railway Company,
a Corporation, its suooeasora and assigns, have the authority and co -
sent of the City Counoil, and the permission is hereby granted it fo
the construction, maintenance and operation of a single track steam,
electric or other motive power standard gauge road for the transpor-
tation of passengers, freight, express and mail matter upon and over
the roads and streets in Salt Lake City hereinafter mentioned, to-
gether with all necessary and convenient switches, wyes for turnouts
side tracks and cross-over tracks as shown upon a blue print presents
with the application for the franchise, which blue print is hereby
made a part of this franohise; and the erection of a line of poles,
or two lines of poles when neoessary, upon such part of the streets
of this city mentioned in this grant as shall be indicated and desig-
nated by the City Engineer, carrying telephone, telegraph, trolley
rand transmission wires neoessary to operate said road.
The streets to be affected by this grant are as follows:
Commenoing at a point in Fourth West Street on the north line of
Second South Street and running thence north along said Fourth West
Street to South Temple Street, thence west on South Temple Street to
the city limits.
SECTION B. All tracks laid by said grantee, its successors or
assigns, shall be in the center of the said streets unless otherwise
direoted by the City Council.
SECTION 3. That all of said railway tracks shall be laid sxdxs
upon and conform to the established grade of the several streets upon
lwhioh they run, and if said grade is afterwards changed by order of
lithe City Council, said grantee, its successors or assigns, shall, .at
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Mite own expense, change the traok to conform to the same, and shall
]keep the road ballasted with gravel to within one and one-half inohes
of the top of the rails; Provided, that whenever any of the streets
Halong which the said railway is built shall be paved, then said gran
Itee, its successors or assigns, shall pave between the rails, and foii
a space of two feet outside of each rail, with t he same material as
I that used in the street pavement.
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1 SECTION 4. Said grantee, its suocessors or assigns, shall put
in and maintain such crossings where the line of said railroad inter-
soots streets of Salt Lake City, as shall be from time to time re-
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quired by the City Council, and shall, without requirement from said
City Council, at once upon construction of its said road put in and
( maintain said crossings.
SECTION 6. That said track shall be laid and the toad operated
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so as to cause no unnecessary impediment to the common and ordinary
fuse of said streets upon which it is laid. And said grantee shall
comply with the directions of said City Council in the construction
of the line and the operation of the same within the limits of said
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city.
8ECTION 6. That said grantee, its successors or assigns, shall
gravel and maintain in good condition, at the established grade, the
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streets along which the traok runs for a dietanoe 671,,#*. y^feet art
4'I ° t side of the outer rail$, subject to the approval of the Super-
visor of Streets.
1 SECTION 7. Salt Lake City reserves the right to regulate and
) control the speed of all trains, engines and cars operated by the
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]grantee, its successors or assigns, within the City.
11 SECTION 8. Good and sufficient boxes to convey water shall be
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, made and maintained in good condition at the expense of said grantee
at all the water ditches Crossing the said railway, so as to admit ofl
, the free passage of water.
SECTION 9. Nothingin this O grant shall be so construed as tb',^'''I
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prevent Salt Lake City or its authorized agents, offioers or contract-
Iors from paving, cowering, laying gas or water mains or pipes, alters
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ing, repairing or in any manner improving said Fourth West and South •
! Temple Streets; but such improvements shall be made with as little
injury as practicable to said track and the operation thereof. •
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SECTION 10. Said City of Salt Lake shall in no way be liable or
• responsible for any socident or damage that may occur on said road by
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reason of the construction or operation thereof, or by reason of the
default, misconduct or negligence of said railway company or its em-
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ployees. And the said grantee, its successors or assigns, covenants
land agrees to save the City harmless from and against any liability, .
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Floss, cost or expense or damage of any nature arising out of the de- !
Ifault, misoonduot or negligent)* of said railway company, or which may
accrue by reason of any accident or injury which may occur in or by
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reason of the construction or operation of said railway, and indemnify
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land repay said city for any loss, post or expense or damage of any •
• kind which may be sustained by reason of such default, misconduct,
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• 1accident or danger; and if any judgment for damages for any loss, de-
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II fault, misoonduot, aooident or injury shall be recovered against said
City, the recovery thereof and the judgment thereof, shall be final
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as between said City and said grantee, its successors or assigns, and
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conclusive as to the liability of the latter to the former. .
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SECTION 11. In consideration of the granting and accepting of
this franchise, all former franchises heretofore granted to the Salt
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Lake and Los Angeles Railway Company, a corporation, are hereby
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annulled l
And in further consideration of the granting of this
franchise, the grantee herein its successors or assigns, agrees that
during the life of this franchise, if called upon by the grantor, it
will remove the garbage from Salt Lake City to such point or points as
shall be designated by the grantor, along the line of said grantee; and
will furnish cars sufficient to remove such garbage, and the grantor
agrees that it will load said garbage on the said cars and remove the a
from the said cars, and will paysame
ass! said grantee, its successors or
Ens for such service the actual cost thereof, and if the parties hereto
cannot agree upon said actual cost, then said. actual cost sh,,.11 be
ascertained by the grantee and the grantor each selecting an arbitrator,
and if said arbitrators cannot agree then said arbitrators shall select a
third arbitrator, and the decision of and; two of sod arbitrators shall
be binding upon both the grantee, its successors or assigns and upon the
grantor, and the award so made ;hall exist and be in force for two years
thereafter.
In case the grantee herein, its successors or assigs
shall refuse to name an arbitrator upon the requestg 'refuse to abide b;,- the award aforesaid, then,at the option ofuthe grantor,
this franchise may terminate and be declared at an end, and in case this
franchise is do declared terminated, all right successors or assigns, of the grantee, its
i , under this franchise, shall coac.e and terminate.
SECTION 12. That if this grant, with the conditions herein con-
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-,tained, be not accepted in writing by said grantee within thirty days
after the passage of this ordinance, then the said franchise shall
become null and void.
SECTION 13. The right hereby conferred shall expire on the ls,
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day of January, A. D. 1959.
BSCITIOII 14. This ordinance shall take effect upon approval.
'-'-:.'",Tugise.d')i the C4ty C_punoi1 of Salt T,trhe City,Ut .LA-ta, h,
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< 19q`�9, '�:nfl -r feyred to the L yor'fer his al)-rov-. . r `
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r 'i. , • i, lteeort erg:,
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il,4:roved this ( ct if "Tril, 1909. .
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