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HomeMy WebLinkAbout37 of 1907 - Ordinance 37 of 1907 – Franchise, Utah Light & Railroad Company, operated by electric or other pow • Nya` )1/ , AN ORDINANCE . • An ordinance granting a franchise to the Utah Light and Railway Company. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That the Utah Light and Railway Company, its succes-' sors and assigns, have the authority and consent of the City Council, and permission is hereby granted it to construct, operate and main- tain by electric or other power, excepting steam, a single or double track street railroad, together with all the necessary switches and turnouts for the accommodation of said road, on the following streets of said city, namely: On Fifth North Street from Second West to Fourth West Street, • thence north on said street and the continuation thereof north of • Ninth North Street, to the County Road, thence northwesterly along the west side of se>id County Road a distance of nineteen hundred • (1900) feet, more or less, upon the following conditions, namely: Such tracks are to be laid on such grades as are now, 'or may hereafter be established by the City Council. In consideration of this franchise the grantee, its successors and. assigns are hereby re- quired to pave 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 the tracks and two feet outside of the same, including .aat spaces between double tracks where the same may be constructed. .And the grantee, its successors and assigns shall place cars upon said railroad with all the necessary modern improvements for the con- venience and comfort of passengers, which shall be run thereon at least twice each •say each and every hour, or as often:. an the Oity Council may require, for a period of not less than A'LxtAen • hours each day, at a speed not exceeding twelve miles per hour, and under such regulations as the City Council may from time to time prescribe; provided that the grantee shall comply with the directions of the City Council in the construction of said railroad and its switohas -2- and turnouts, and in any other matter connected with the regulation of the same, and that the track or tracks shall be constructed in the center of the street unless otherwise directed by the City Coun- cil, and in such manner as shall be approved by the Street Supervisor,, the track to be laid and the road operated so as to cause no unneces- sary impediment to the common and ordinary use of said street for all. purposes, and that the water sonrses of said streets be left free and. unobstructed; said tracks to be laid upon a good foundation even with the surface of the roadway, and whenever the streets shall be paved, suitable rails shall be used on such streets, and that good and per- manent crossings shell be made and maintained in good condition by the grantee, at the intersections of streets and elsewhere, whenever the same shall be necessary, et the discretion of the City Council and under the direction and to the acceptance of the Street Super- visor. The pries of a single passage shall not exceed five cents. ,004 Vnrirsfl SECTION S. That nothing in this grant shall be so construed as tads t, 1r_ )Eo prevent Salt Lake City, or its authorized agents from paving, sewering, laying gas or water mains or pipes, altering, repairing or in any manner improving any of the streets mentioned herein; but all such improvements shall be made with as little injury as practicable to said railway and the operating thereof. SECTION 3. That in the construction and operation of said rail- way, the said grantee and its successors and assigns shall at all times conform to such ordinances, rules and regulations as have been or may hereafter be adopted by the City Council of said city in re- lation to operating railroads, street railways or tramways in said city, and for each violation thereof they shall be liable to a fine in any sum not exceeding one hundred dollars. SECTION 4. That Salt Lake City shall in no way be liable or responsible for any accident or damage that may occur in the constxuc:- tion or operation of said railway by reason of the default or mi's ,' II -3- conduct of the grantee, or its successors or assigns, or their em- ployees; and the acceptance of this grant shall he deemed an agree- ment on the part of said grantee, for itself and its successors or assigns, to save said city harmless from and against all liability, loss, costs, 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, expense or damage of any kind it may sustain by reason of any such default, misconduct, accident or injury that shall be recovered against said city, the recovery thereof and the judgment, therefor shall be final as between the said city and the said grantee and its successors and assigns, and conclusive as the liability of the latter to the former. The grantee shall be liable for all accidents to people or injury i to property whether of the city or private parties in the construction and operation of its said railroad, occasioned by its misconduct, neg- ligence or default, and particularly in the use of electricity there- on, and the said company shall at all tines be required to use such reasonable and approved methods as are then in successful use by cities of approximately the same size as Salt Lake City, and as shall at any time be requested by the City Council or the Board of Public Works for the protection of the public and its property against in- jury caused by the use of electricity as motive power; and if deemed necessary by the said City Council or Board of Public Works the said company shall have, make and maintain a complete metallic circuit of such approved kind as shall be used and adopted and proven by exper- ience to be proper and reasonable. SECTIOi 5. The rights and franchise hereby granted are for the term of fifty years from and after the first day of July, 1905, SECTION 6. The said grantee shall within thirty days Prom the . -4- approval of this ordinance file its acceptance in writing, thereof, with the City Recorder of said city. SECTION 7. This ordinance shall take effect upon approval. paH9ed by the City Connell of Salt Lake fitty•Tltah, May 27, ,1907, and referred to the Meror for hate a. rov 1. _ / Recorder. Approvod this y dad n May, 1907 • /] P9aJA2's • J P` en fed to,the City Council. ae MAY 2 71901 • _ J CIiY REC0111ER• • F st Pi blication in • N.t>wr..;�yfr(1f Y..'�F'r+?•^ 1M.�.r• MAY 2 1907 Us. Os MORETON, cnsr