44 of 1912 - Franchise, A.J. Evans, et al, interurban. ROLL CALI, ,
�.: 'S Z Lake City, Utah, April 'a, -'1 =
VOTING °Yee :',.No , I move that rP� by Mr.
Keyser be adopted.
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Lawrence' .}: 1 y,. ,,,, �.
Morrie �c '- ,.. k `,_
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Mr.'-Charr;nan S, ,fy.Y.. - --
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ROLL CALL
Salt Lake City, Utah,__. Apria. 11tl._ _ _/91 2
VOTINC. V'e9 No I move that ordinance To. 44 be passed as amended
Keyser ✓1 `
Lawrence _.,1...V.
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Morrie _.....:1
Mr.Chairman Y!
RESULT - -
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-V Salt Lake City, Utah,...W. .-, lK ...I9/.1.-
VOTING Yes i No I move that /'> �,, .._.. ,.- ,.,r-'"t. €r
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Keysey '.1„
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Korns 1
Lawrence p.,.� i'�. � ,' �`�....=:'"S_:' .,t
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Morris .�._� 4..__.. +I F
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Pass d by the Board ofl Commissioner of Salt ake ity,
8 Utah,April I, 12. -,i
Mayor I. y ec er
;ROLL CALL > 1
Sadz,Lake City, Utah,_._.April.... 11..__...1...._.191
VOTING Yes °
I move that ',:yT if— Mr.kitertrit'1e4
be adopted.
Keyser- ...:...r -
Korns
Lawrence ... ..
Morris . ,
ThKottrri .,a
Mr.Chairman . . r....... - _... -
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Passed by the Board of Commissioners o-f Salt Lake C%ty,
,
Utah,4 1 11th, 19 I
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n.OLL CALL J
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Salt Lake City, Utah, U �
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VOTING Yes No I move that the ordinance be amended by adding the
Keyser . ✓� following at the end of Section 1, "also east on
Korns .� South Temple Btreet to West Temple; thence south on
Lawrence . West Temple to 4th South Street; thence west on
ii
Morris . , . . . I .._
4th South Street to 1st West Street".
Mr.Chairman . . i
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RESULT -
Commissioner of Streets bmovements
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Passed y the Board of Commissioners of Salt Lake City,IItah,
April 8th, T J.// /' 4
Mayor i ecorder
AN ORDINANCE .
An ordinance granting to A. J. Evans, 8. L. Chipman, W. L.
Hayes. J. B. Keeler, D. R. Beebe, W. H. Brereton, Arthur N. Taylor,
J. D. Dixon, H. T. Reynolds, John Jones, James 8. MoBeth, J. S.
Page, Jr., George A. Hone and George Oi Whitmore, a franohlse and
right of way fer the sesotrustion and operation of an eleotric
railroad men and over Pirst West Street of the City of Salt Lake,
S 'IOS 1. A franchise and right of way is hereby granted
and gives, to A. J. Wvans, S. L. Chipman, W. L. Hayes, J. B. Beeler,
D. R. Beebe, W. H. 'Tertian, Arthur N. Taylor, J. D. Dixon, H. T.
Reynaldo, Jebo Jones, James S. thleth, J. S. Page, Jr., George A.
Hens, and George O: Whitmore. their grantees and assigns, to lay,
eenabe*t and operate a single er double track standard gauge rail-
road, to be Operated by oleetrioally transmitted power, for the
transportation of poossmoonn, frreight, express and mail matter,
which line of read is Ohnsa in Vallee lines upon a blue print
hereto anneaed and made a part hereof, together with such switches,
wyes, turnouts, side9traeka and Bross-over tracks as may hereafter
be authorised by the Board of Commissioners of Salt Lake City, and• .
to erect and maintain all necessary poles carrying telephone, tele-
graph, trolley, power and transmission wires, necessary to the
operation of such road; all, however, under and in accordance with
the **millions and limitations hereinafter in this ordinanoe spool-
fist. the Miner tneludsd in and to be affected by this grant is 1
as famo**. te+erit:
Weameneing at the south boundary line of Salt Lake City at or
near where said south boundary line is intersected with Pirst West
Street; *kenos north along First West Street to
„y ,k Moonlit Towle SEsestX
ACTION S. This tranohise is granted subject to the following
oonditions, vis.:
(a) No coal or freight of any kind, or coal or freight oars
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shall be hauled or permitted north of Fifth South Street.
(b) All express and mail matter transported within the city
limits of this city shall be carried in ears of the same general
outer design and finish as the passenger oars operated in said city,
and the same shall be so oonstraoted and arranged as to entirely
enclose all loaded matter.
(a) No passenger. freight, express or mail oars shall be per-
mitted to stand on any track or switch on any street within the city
longer than five minutes, nor shall any freight, express, mail or
passenger oars be loaded or unloaded on any street within the city,
except that passenger ears may stop at any point to take on or dis-
charge passengers.
(d) That span construction shall be used for carrying wires,
and no poles for carrying telephone, telegraph, trolley, power,
tranemise&an wires, or for any other purpose. shall be placed in the
traveled part of any street of said city. That all poles to be nela
by the grantees, their snoeessars or assigns, shall be of suoh size,
material end shape, and be placed at places indioated by the City
Engineer. It is distinotlyunderstood that Salt Lake City shall have
the right to use any or all of the poles erected by said grantees,
their successors and assigns, for the purpose of placing thereon
such wires, and for such other purposes as it may desire, the same
not to interfere with the use of said poles by the grantees, their
suoeessers and assigns. rn t
t..“-- ~�(e) That all railroad tra ksAsall be laid upon a concrete base
of sash proportion, and upon ties of such material as may be directed
by the City Engineer, and so as to oonform to the established grad®
of the street upon which they are to be laid, and if the grade of
the street is afterwards changed by order of the city authorities,
said grantees, their successors and assigns, shall, at their own
expense, change the said tracks to conform thereto. That whenever
said tracks are laid upon the unpaved portion of any street, the
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grantees, their successors and assigns, shall, at their own expense,
gravel and maintain in good condition said street at the established
grade between tracks and twenty five feet on each side of the outer
rails, to the approval of the Supervisor of Streets of said city,
said gravel to be placed and maintained flash with the top of the
rails. That whenever any part of an unpaved street upon which said
railway is contrasted shall be paved, the grantees, their successors
and assigns, shall pave, at their own expense, between the rails and
tracks, and for a space of two feet outside of the outer rail, with
the same material as that used in the street paving, and shall main-
tain the same in good (rendition, and to the satisfaction of the
Supervisor of Streets of said city. That in case said grantees, their
successors or assigns shall, in the construction of said tracks or
roadbed, remove or disturb in any way any pavement, crossing, water-
way or other improvement, they shall repair or replace the same, and
place it in as geed condition as before such disturbance or removal,
and to the satisfaction of the Street Supervisor.
If) That said grantees, their successors and assigns shall, on
the unpaved portions of said street, put in and maintain crossings
where the line of said railreae sects streets of Salt Lake City,
of snob width and leeaiionse shall from time to time be required by
the Beard of Commissioners of said pity, and shall, without require-
ment of said Board, at once, upon the construction of said road, put
in and maintain said crossings. And shall, at their own expense, con-
struct and maintain under the Supervision and to the satisfaction of
the City Engineer, sufficient conduits for the conveyance of water
in all water ditches crossed by the tracks of said railroad, so as to
admit of the free passage of water, and shall repair and keep the
same in good condition, to the satisfaction of the Supervisor of
Streets of said city.
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(g) That said tracks shall be laid in the center of said street,
unless-etheseeee ordered by the Board of Commissioners of said city,
and the road operas[ so as to eases so unnecessary impediment to the
*camas and ordinary see of said street. fhat'eaid-grantees, their
saeeeeeeere and assigns, squall .ea*y,y with the directions of the Beard
of Connissiemere of said eity in the constriction of said railroad,
and is the operation of the same within the limits of said city, and
shell in the aunstruetion and operation of said railroad, at all times
conform to moil ordinances, rules and regulations as have been or may
hereafter be adopted by said Board of Commissioners in relation to
operating railroads, street railways and tramways in said oity.
(h) That said grantees, their suooessore and assigns, shall at
all times maintain and keep the said track or tracks and roadbed and
the approaches thereto, in good condition, and shall equip said rail-
way with ,all modern epplianeee, ear* and equipment suoh as is used
and employed on first-elass street or interurban railroad systems
generally, and keep said road so equipped for the comfort and eon-
venienee of its passenger*, and provide its oars with proper fenders,
brake* and other applianees necessary to the safety and protection of
its passengers, employee* and pereens using said street, and shall
operate its ears in en4h ssaner as to interfere as little as possible
with the publie see of said street, and shall operate said railway
upon the said street of said city in trains containing plot more thin
>14161, M►Wh easy e3+s9, rya Ma ej.Z $e 4t0 said oars at. Oath intervals
(i) Whenever the City Commissioners shall find it necessary or desirable
to grant any other interurban street railway company a franchise over the
street covered by this grant, to secure to such other company a connection
with any important center or terminus, the grantees:herein, their suooeasote
and assigns shall allow operating and running arrangements over the tracks
of said grantee their sudoessors or assigns, to such other company upon
such other company making equitable payment for constructing, maintaining
and operating the portion of said grantees' tracks so used.
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(4) That the grantmen herein shall not in any way be liable or
respes ib r for any sooident or damage to pews or property that may
ocour by reason of the conetracti:ea or operation of said railroad, or
by reason of the default, misconduct or negligence of said grantees,
their suoeesaore and assigns, or their agents or employees, and said
grantees, for themselves and their sueeeasors and assigns, agree to
save the grantor harmless from and against any and all liability,
loss, oost, expense or damage of any kind or nature, arising because
of the oonstraetion or operation of said railroad, whether by the
default, misconduct or negligence of said grantees, their successors
and assigns, or the agents or employees of either or otherwise, or
which may aeorme by reason of any accident or injury to persons or
properly during such oonstruetion or operation, and to indemnify and
repay said city for any such loss, expense or damage of any kind
which may be sustained by said city; end to defend, at their own ex-
penee, upon due notice given of any suit in law or in equity brought
against said pity for damages, or loss en account of any default,
accident or injury aforesaid, and in the event of any recovery bete g
had therefor against said city, they will satisfy the judgment whioh
shall be Mead final and conclusive evidence of the liability of the
grantees, their suoeessora or assigns to the city.
(k) That no part of the right of way herein granted shall at
any time be used as entrance or egress to or from Salt Lake City for
or by any transcontinental or inter-state railroad; nor shall this
franchise or the rights or powers herein granted, be assigned by the
grantees, their successors or assigns, to any person, firm, company,
or corporation without the consent of the Board of Commissioners of
Salt Lake City being first had thereto.
(1) That in granting this franchise the Board of Commissioners
of the grantor rely upon the statements and representations of/ _1
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grantees, that the railroad mentioned herein will extend from the
south side of North Temple Street in Salt Lake City to Payson, Utah
County, Utah, and that but for each statements and representations
this freashise would not be granted, The grantees herein, for them-
selvee and for their snoesseore and assigns, agree that said railroad
from North Temple Street in Salt Lake City to Payson, Utah County,
Utah, shall always be owned, operated and managed as one continuous
road.
(m) That the grantees, their sueoeseors and assigns, shall pay
into the treasury of the grantor on or before the , ) it day of
January in *soh year, for the year preceding, as franchise tax, of the
gross income and revenue from all sources of said railroad from North
Temple Street in Salt Lake City to Payson, Utah.County, Utah, the
following sums of money, tech Per the first five years of the life
of this franchise, oneahalf of ono per Dent; for the next twenty years
one per Bent; and for the last twenty.-five years, one and one-half
per east. That said first payiaent shall be made January 2.15 1 , 1913
That each payment shall be a000mpanied with a statement of said gross
income and revenue, verified as to its truth and correotnesa by the
Auditor or Treasurer of said railroad, or if there shall be no auditor
or treasirer, then by the person who has charge of the financial
affairs of said railroad; that said verification shall state that the'
person making the same is aequainted with the matters, facts and
figures set out in snob statement, and that they are true of his own
il
knowledge, and truly state the amount of the gross income and revenue
from all souroes, of said railroad, during the year such statement is
represented to cover. That the bookd of said grantees, their suooes-1;
sore and assigns, shall be open to the inspection and examination ofs
the City Auditor of the grantor at any time after the receipt of such 1
statement, for the purpose of ascertaining the amount of said gross
income and revenue of said railroad.
Nothing in this section or in this grant contained s ,
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be construed to carouse or release the grantees herein, or their suo-
oessore or assigns from their obligation to pay other assessments or
taxes lawfully assessed against their ears or other property.
SM'#IQN S. Salt Lake City reserves the right to regulate and
control the speed of all oars operated by the grantees, their sucoes-
sore and assigns, within the pity. Nothing in this grant contained
shall be construed to in any wise sffeot the exercise of the polioe
power of the pity for the safety and health of the people, or to pre-
vent the grantor or its authorised agents, officers or oontraotors,
or persona or corporations to whom frapohises may have been or may
hereafter be granted, from crossing said railroad track, or from
paving, severing, laying gas or water mains or pipes in said First
West Street, or from altering, repairing or in any manner improving
said street, without in any wise being liable to said grantees or
their suooessore or assigns in damages therefor.
=TION 4. If the grant of this franchise be not accepted in
writing by the grantees within sixty days after this ordinanoe becomes
effective; or the construction of said railroad in Salt Lake City be
not commenced within six months after this ordinance becomes effective,
or if the work of eonstrueting said road be not prosecuted with dili-
gence, or if the oonstruotion of said road be not completed within
Salt Lake City within one year after this ordinance becomes effective,
or if said road is not oompleted from North Temple Street in Salt Lake
City to Payson, Utah County, Utah, within two years after this ordi-
nance becomes effective, or if said grantees, their suooessors and
assigns, shall fail or refuse to comply with any of the conditions of
this grant, or to perform any of the conditions imposed upon them,
then this franchise shall be null and void.
V YHA,
2 move that Section b of this ordinance granting the franchise
be amended to read as follows:
This franchise is granted for the period of twenty-five years
from and after the date that the same becomes effective; and that
Salt Lake City reserves the right, upon three years notioe to the
grantee, its successors and assigns, to terminate this: franchise,
by paying the said grantee, its successors and assigns, the value
of the improvements made in oomplianee with this franchise, at the
time said termination becomes effective. The pride so to be paid
to be arrived at by arbitration, to which arbitration the said
grantee, its successors and assigns, hereby agrees; the arbitrators
to be selected as follows: One by Salt Lake City, and one by the
grantee, its successors or assigns, and in the event that those
two are .unable to agree upon a valuation, then they shall select
a third arbitrator or referee, and the award made by them shall be
II binding upon Salt Lake City and upon said grantee, ssors
and assigns.
I L��ZtTy
44
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(i) hhenever the City Commissioners shall find it necessary or
desirable to grant any other inter urban street railway company
a franchise over the st-eet covered by this g.rant,to secure to such
other company a connection with any important center or terminus,
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gra
ntees rantees 'r�erei.n,their 6 ear and assigns shall allow o�kc,I4 ,41
running arrangements over the trac s of said r•rrntees, their
successors or a.sifns,to such other coma ye upon sue' then comppny
making equitable payment for construgting,aaintaia.gng. and operating
the portion of said grantees traco used.
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EMOTION 5. This frit.nehiee is *ranted for the period expiring on
the first day ef January, A. D., 1962.
IMOTION 6. This ordiaaruses 49411 take effect upon its first
publioartils.
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