364 of 1900 - Ordinance 364 of 1900 – Franchise to Salt Lake City R. R. Co. to construct and operate double-trac HILL No. for
A RESOLUTION GRANTING A FRANCHT;'F TO TIT1 SALT LAKE CITY RAILROAD COMPANY.
Re it ordained by the City Council of Balt Lake City, Utah;
Pection 1. That the Salt Lake tit; Railroad Company, its successors
and assigns, have the authority and consent of the Cite Council, and the
permission is hereby granted it, to construct and operate a double-track
street railroad, together with all necessareturnouts and switches for
the aceorrodation of said street railroad to be operated by compressed air
or electric ^otive power, upon ehe following etree,.e of this city, namely:
From the ::enter of the intersection of Third Itreets+' and II Street to
the center of the intersection of Routh Temple and U Street, thence south-
eriy and southward along Thirteenth East Street to Fifth South Street.
Upon the following conditions, namely; such track or tracks to be
laid and maintained on such grades as are now or may hereafter be estab-
lished by the cite council.
In consideration of this franchise, the grantee, its eucceseors and
assigns aforesaid, are hereby required to pays and keep in good repair.,
with the same material and in the same manner as the rest of the street
is or may be paved, the space inside of the track and two feet outside of
the same, including all space between double tracks where the same may be
constructed; and also to use no steam power, unless the same be stationary
on any part of the road for propelling cars, unless permitted by the city
council.
And the grantee aforesaid, its successors and assigns, shall place
cars upon said railroad with all the necessary modern improvements for the
convenience, comfort and safety of passengers, which shall be run upon
every part thereof daily at least once each way every fifteen minutes for
a period of twelve hours each day, or as much oftener as public convene
ienoe may require; and shall further during such time as the First South
Street cars shall be run upon Thirteenth East Street between First and
Second South `'treets, give the same service upon said portion of Thirteeeith
East street as shall be given upon first South Street: (Provided,ril t
364 `(
said grantee aforesaid shall not be required to run cars any oftener than
once a day both ways on Thirteenth East Street between south Temple and
First south F reetsj at a rate of ?peed not exceeding twelve miles per
hour, and under such regulations as the city council may from tide to time
prescribe; provided, that the c rantee aforesaid shall comply with the
directions of the cite council in than construction of said railroad and
its switches and turnouts and in any matter eonnect.ed with the same, and
that the track or tracks shall be ccnstrected in the canter of the street,
unless otherwise directed by the City Council and in such manner as shall
he approved by th,: street eepervisor, the track to he laid andeoperated so
as to cause no WINEMONIDef impediment to the common and ordinary use of
ouch streets for all purposes, and that the vatercoursee of said street
shall be kept free and unobstructed said tracks to he laid upon a good
foundation, even with the surface of the roadway, and whenever the streets
shall be paved, suitable rails shall he used on such streets, and that
good and permanent crossings shall be made and maintained in good condi-
tion by the grantee aforesaid at the intersections of streets and else-
where whenever the same shall he necessary, at t e discretion of the oity
council, and under they supervision and to the cceptance of the street
supervisor. The price of a single passage shall not exceed five cents,
and no charge shall be made in excess thereof.
The said Grantee shall pay into the city treasury, annually, a li-
cense tax of twenty-five dollars per car for the average number of motor
cars operated upon the line, but otherwise said company shall not be
liable to any per capita tax or other license upon the rights herein
granted.
section 2. This franchise is granted for a term of forty-five years
from the date of the passage of this resolution, and accepted on the fol-
lowing conditions, namely; That if for any reason the said grants., its
successors or assigns, fails and refuses to conform to any of the provi-
sions of this franchise,
then said franchise may, upon notice, be revoked
by a resolution of the City Council passe by an affirmative vote of a
majority of all the members thereof; and upon the passage of suuh resolu-
tion as aforesaid, said franchise shall at once become null and void; and
the city shall thereupon have the absolute right to enter the streets of
said city and take possession and remove therefrom all poles, wires,
tracks and other appurtenances therewith connected, belonging to said
grantee, and at its expense.
And the said grantee hereby waives and relinquishes any and all claim
or claims for damages against said city and any of its officers, agents,
servants or employees for or on account of suet: entry or removal.
Section 3. That nothing it this grant shall be so construed as to
prevent Salt Take City, or its authorized agents, from pat ins, sewering,
laying gas or water pipes, altering, repairing or in any manner improving
any of the streets herein mentioned, or any other streets of said city,
but all ,such i-provements shall be made with as little injury as practi-
cable to said railway and the operation thereof.
:Section 4. That in the construction and operation of said railway,
the said grantee, its successors and assigns, shall at all times conform
to such ordinances, rules and resulatiors as have been or may hereafter
Salt in relation to operating
be adopted by the city coencil of alt Take r•ity,
railroads, street railways, or tramways in said city, and for each vio-
lation thereof the; shall ee liable to a fine in any sum not exceeding
one hundred dollars.
Section 5. That salt Lake, "i`y .hall in no way he responsible for
any accident or damage that nay occur in the construction or operation of
said railway by reason of the default o,tisconduct of the grantee, or its
successors or assigns, or their employees: and the acceptance of this
grant shall be deemed an agreement on the part of said grantee, for itself
and its successors an assigns, to save said city harmless from and
against all liability, loss, cost, expense or damage of any nature arising
out of any such default or misconduct, or which may 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 indemnify and pay said city for any
loss, costs, expenses or damage of any kind it may sustain by reason of
any such defau)t, misconduct, accident or injury, that shall be recovered
against said city, and the recovery thereof and the judgment therefor
shall be final as between said city and said grantee and its successors
and assigns, and conclusive as to the .liabiii y of the lather to the
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he r. ants 4ha11 lie e f r, 11 a 'i p4 e ivz to
r ropety .,hetherrof itrreir ol p iv£e: .P/ ie ir10 den r=ie tion
,and operat In te it ibadr oeslcae eft y its MID ndt+c sli-
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�gence r de,au , nd aer icu l n�tlx�yvn • {{ elector u y ant
Qs/ the 's id cmmpam hall'a a ime$ h7 re S eA%tn use �tuy rea ce fi".,,
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'a appr ed method as are in tic 'soft operation i, citle , ,
appro tely ane size as Salt 1, a ('i y, and as shall aty���eeeyyyy time be
rogues ed try the city council or board of blic works, for the p ,teation
of the public and its property against injury caused by the use of
electricity as motive power.
Sec. 6. If this grant, with the terms and conditions herein con-
tained, be not accepted in writing by said grantee within thirty days
after the passage of this resolution, or if the work be not commmenced
e
within thirty days, and the road in operation on said Thirteenth East
Street from First South street to the south side of Second South Street
within sixty days from the granting of said franchise; and 9f all o1 the
road be not completed and in operation within two years after raid accep-
tance, then this grant, as to such portion or portions of the streets upon
which the road shall not be completed, shall become null and void.
Passed by the City Council of Salt Lake City, Utah, Oc,tobe,
2nd' 1900
and referred to the Mayor for his approval.
R.C.?Iaylor, City cor. 'der'
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By .�.
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Approved this L day of October, 1900.
e ...-Ja3-1 Mayor.
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