45 of 1918 - Franchise to Salt Lake and Utah Railroad Company at 9th South and 1st West is
ROLL CALL
VOTING _ AYE NAY
Salt Lake City,Utah, Tune....3., :'91
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Crabbe V
I move that the ordinance be passed.
Greenle
Nesn /
1 V
Scheid / ---
I
Mr. Chairman
Result AN ORDINANCE
An ordinance granting to the Salt Lake & Utah Railroad
Company a franchise and right of way for the construction and
operation of an electric railroad upon and over certain streets
in Salt Lake City.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. A franchise and right of way is hereby granted
and given to the Salt Lake & Utah Railroad Company, a corporation
organized and existing under and by virtue of the laws of Maine,
and qualified to do business in the State of Utah, its successors
and assigns, to lay, construct, maintain and operate a single
track standard gauge railroad to be operated by electrically
transmitted power, for the transportation of freight, express
and mail matter, and to erect and maintain all necessary poles
carrying telephone, telegraph, trolley, power and transmission
wires necessary to the operation of such railroad, in, upon and
along Ninth South Street substantially as follows:
Beginning at a point in the center of the Salt Lake
and Utah Railroad Company's track, as now located and con-
structed on First West Street, 207.86 feet south of the
monument line on Ninth South Street; thence northeasterly
along a curve to the right having a radius of 200 feet
314.15 feet, to a point 7.86 feet south of the monument line
on Ninth South Street; thence easterly ant parallel with and
7.86 feet south of the monument line on Ninth South Street
963.05 feet; thence along a curve to the right with a
radius of 200 feet 162.46 feet to a point on the south
property line of Ninth South Street.
Beginning at a point in the center of the above
described track 11.98 feet west of the West Temple Street
monument line, thence southeasterly along a curve to the
right having a radius of 200 feet 162.36 feet to a point
on the south property line of Ninth South Street.
Beginning at a point in the center of track first
above described 2.01 feet west of the West Temple Street
monument line running thence northeasterly along a curve
to the left having a radius of 200 feet a distance of
174.57 feet to the north property line of Ninth South
Street.
Beginning at a point in the center of track first
above described 367.50 feet east of the West Temple Street
monument line, running thence northeasterly along a curve
to the left having a radius of 200 feet a distance of
174.05 feet to the north property line of Ninth South
Street.
SECTION 2. This franchise is granted subject to the
following conditions, namely:
(a) No more than three freight cars (except during con-
struction of road) shall be hauled in any one train upon said
tracks except between the hours of 10 P. Is. and 6 A. ii. , nor
shall any freight or express car be placed upon said. tracks for
the purpose of loading or unloading the same, on or within the
street.
(b) All express and mail matter transported shall be
outer
carried in cars of the same general Azigelc design and finish as
the Company' "'
121222.YMIZZ rears rergoirylrivii, and shall be so constructed and
arranged as to entirely enclose all loaded matter.
(c) No car or equipment shall be permitted to stand or
switch on any track within the street longer than five minutes.
(d) Span construction shall be used for carrying all wires,
and no poles for carrying telephone, telegraph, trolley, bower or
transmission wires, or for any other purpose, shall be placed
tin the traveled part of said street. All poles to be used shall
be of such size, material and shape, and be placed at such
distinctly
places as may be directed by the City Engineer. It is allatzLIWtraly
understood that Salt Lake City shall have the right to use any
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or all of the poles erected under this franchise for the purpose
of placing thereon such s^+ires, or for such other purposes as it
may require, the same not to interfere with the use of said poles
by grantee.
sidewalks
(e) All railroad tracks upon or crossing paved streets or „
shall be laid upon a concrete base of such proportion, and upon
ties of such material as may be directed by the City Engineer,
and so as to conform to the established grade of the street upon
which they are laid, and if the grade of the street is afterward
changed by order of the city authorities, said grantee shall, at
its own expense, change said tracks to conform thereto. When-
ever said tracks are laid upon the unpaved portion of the street,
said grantee shall, at its own expense, gravel and maintain in
good condition said street at the established grade between the
tracks and twenty feet on each side of the outer rails, said
gravel to be placed and maintained flush with the top of the
rails, and said work done and the street maintained subject to the
approval of the Supervisor of Streets. Whenever any part of an
unpaved street upon which said tracks are laid shall be paved,
the grantee shall pave at its own expense , between the rails
and tracks and for a space of two feet outside of the outer rail
or other mr.teriel, to the approval of the City Engineer,
with the same material as that used in the street paved,„and shall
maintain the same in good condition and to the satisfaction of
the supervisor of Streets. In case said grantee in the con-
struction of said tracks or road-bed removes or disturbs in any
sidewalk,
way any pavement, crossing,AWaterway or other improvement, it
shall repair or replace the same and place it in as good condi-
tion as before such disturbance or removal, all to the satisfac-
tion of the Supervisor of Streets.
(f) Said grantee shall on unpaved portions of said street
put in and maintain crossings where the line of said railroad
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intersects streets, of such width, location and material as shall
from time to time be required by the Board of Commissioners of
grantor, and shall without further requirement, by said Board,
at once upon the construction of said tracks, put in and maintain
such crossings, and shall at its own expense, construct 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 said tracks, 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.
(g) Said railroad shall be operated so as to cause no
unnecessary impediment to the common and ordinary use of the
streets. Said grantee in the construction and operation of said
road, shall at all times conform to the directions of the Board
of Commissioners, and to such ordinances, rules and regulations
as have been or may hereafter be adopted by the Board of
Commissioners.
(h) Said grantee shall at all times maintain and keep its
tracks and roadbed and approaches thereto in good condition,
and shall use in the operation of said railroad modern appliances,
cars and equipment such as are used and employed on first class
street or interurban railroad systems, and shall provide all
cars with proper A%mtsra, brakes and other appliances necessary
to the safety and protection of its employees, Imszmimpum and all
persons using the public streets.
(i) The grantee shall by means of careful bonding or other
approved and established means, provide against electrolysis of
gas, water or other pipes laid under the surface of the street
over or in which said tracks and conduits are laid, and in case
any such pipes are damaged or destroyed because of failure of
grantee to comply with this requirement, said grantee shall be
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liable for such damage and destruction, and shall pay to Salt
Lake City or any person damaged the amount of such damage.
(j) Whenever the Board of Commissioners shall find it
necessary or desirable to grant any other =emit railway company
a franchise over the street covered by this grant to secure to
such company a connection with any center or terminal, the
grantee shall allow operating and running arrangements over its
tracks by such other company upon such other company making
equitable payment for said privilege.
(k) This franchise or the rights and powers herein granted
shall not be assigned without consent of the Board of Commissioners.
(1) Salt Lake City reserves the right to regulate and
control the speed of all cars operated over tiot said tracks.
SECTION 3. Nothing in this grant shall be construed to
prevent Salt Lake City or its authorized agents, contractors, per-
son or corporation to whom a franchise may have been or may
hereafter be granted, from crossing said railroad track,or from
paving, sewering, laying gas or water mains or pipes, altering,
repairing or in any manner improving said streets, but all such
work and improvements shall be made with as little injury as
practicable to said. tracks and the operation and. use thereof.
SECTION 4. Said grantee, its successors and assigns, shall,
and by the acceptance of the privileges and franchise herein,
and in consideration of the same, does bind itself, its successors
and assigns, upon the acceptance of this franchise to save Salt
Lake City harmless from all suits, claims, demands and damages
whatsoever, whether in law or in equity, which shall be asserted,
found or rendered in any manner whatsoever against said city for
injury or damage to abutting property or otherwise, by reason of
the granting of this franchise, and by reason of the construction
of its tracks or the operation of said railroad, and that said
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grantee, its successors and assigns will pay the amount of any
judgment, determination or adjudication which in any suit or pro-
ceeding may be or shall be found against said city; and said
grantee, its successors and assigns shall appear in and defend
all actions brought against said city for any injury or damage
by reason of the construction, operation or maintenance.of said
tracks upon notice of any such suits.
SECTION 5. This franchise is granted for the period expiring
on the let day of�' .i4 provided, however, that if for
a period of nine consecutive months during the life of this
franchise said track or any part thereof is not used for the
purpose for which this franchise is granted, or if there is a
substantial abandonment of the use of said track or any part
thereof, this franchise shall be voidable at the option of the
Board of Commissioners, and if so ordered by the Board of
Commissioners, said track shall within thirty days after notice,
be by said grantee removed from the street, and the street
restored to a condition uniform with the balance of said street
with respect to grade, materials and construction, to the satis-
faction of the Supervisor of Streets. In the event of failure
of said grantee to remove said track and to restore said street
upon said notice, and within thirty days thereafter, the work
may be done by Salt Lake City at the expense of said grantee.
SECTION 6. If the grant of this franchise be not accepted
in writing by the grantee within sixty days after this ordinance
becomes effective, or if the construction of said railroad be
not commenced within six months after this franchise is accepted,
or if the work of construction of said railroad track be not
prosecuted with diligence, or if the construction of said rail-
road track be not completed within one year after this franchise
is accepted, or if said grantee shall fail or refuse to comply
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with any of the conditions, provisions, agreements or obligations
of this grant, or to perform any of the conditions or obligations
imposed upon it, then this franchise shall be null and void.
SECTION 7. The term "grantee" as used herein, shall be
construed to include the Salt Lake & Utah Railroad Company, its
successors and assigns.
SECTION S. This ordinance shall take effect thirty-one days
;after its passage.
Passed by the Board of Commissioners of Salt Lake City,
'Utah, June 6th , 1918.
Mayor .
City Recorder.
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