HomeMy WebLinkAbout56 of 1919 - Franchise to Bamberger Electric Railroad Company over tracks of Utah Light and Traction Company in 4 ROLL CALL „_,,.,00 o=,=.E. .•
VOTING AYE NAY
Salt Lake City,Utah, Oat.ober..2., .191_Os.
ite
Crabbe - I move that the ordinance be passed.
Green
Neslen
Scheid
Mr. Chairman
AN ORDINANCE
Result _
An ordinance granting to the Bamberger Eleotrio
Railroad Company a franchise and right of way far the main-
t elanoe and operation of a standard gauge railroad over and
upon certain tracks of the Utah Light & Traction Company
and for the construction, operation and maintenance of
certain switches, wyes and turnouts over and upon certain
streets of Salt Lake City, Utah.
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 Bamberger Electric Company, a cor-
poration of the State of Utah, its successors and assigns,
to operate by electricity, gas or other power except steam
for the transportation of passengers, freight,express and
mail matter over the tracks of the Utah Light & Traction
Company on 4th West Street from a point where said 4th West
Street is intersected by the tracks of said grantee, which
said point is approximately twelve hundred feet north of
9th North Street, and running thanes south on 4th West
Street to Bth North Street in Salt Lake City, Utah.
Also to construct, maintain and operate a standard
gauge railroad track connecting the Utah Light & Traction
Company with the interchange track of the Bamberger Electrio
Railroad Company as follows, to-wit:
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Beginning at a point lAWA6feet north of
the north line of 9th North Street and running thence
on a SOv curve to the left, to a point on the west
line on 4th West Street, 16 feet from the center line
of the west main line of said grantee.
Also a spur track commencing at a point on the railr ad
track above provided for, immediately south of Seventh North S eet,
and running thence parallel with said track north on said Four h
West Street to the south side of Eighth North Street, the cent r
line of said spur track to be located seven and one half (7k)
feet west of the West line of Block 155, Plat "A", Salt Lake C ty
Survey
Also a. spur track commencing at a -;oint on the railroad
track above provided for, a.oproxima.te].y 54' north of the north line
of ninth north street, and running thence on a. 14° 30t curve right
78 feet to the west line of block 9, of Lake View Subdivision.
Also a. spur track commencing at a point on the railroad
track above provided for, approximately 1000 feet north of the
north line of :;inth T?orth street, and running thence on a �0° 50!
curve left 100 feet, thence south 10° 50, east 26.7 feet, thence on
a 10° 501 curve to the right 61.5 feet to the north line of Lot 1,
Black 10 of Lake View Cubdivision.
Also the right to erect and maintain all poles o= •g
telegraph, telephone, trolley, power and transmission wires
necessary to the operation of said Railroad.
All, however, under and in accordance with the condi
tions and limitations hereinafter in this ordinance specified.
The center line of said tracks covered by this grant
being more particularly shown in black upon the attached print
which is hereby made a part of this Ordinance. The yellow lines
on said print represent the present existing trackage of the U ah
Light & Traction Company.
That said grantee and Utah Light & Traction Company
if found to be necessary, move the said track of the Utah Ligh,
8o Traction Company in Fourth West Street, between Fifth North
Street and 1200 feet north of Ninth North Street, not to excee.
2 feet and 6 inches east of its present location.
SECTION 2. In the granting of the right to use Fourth
West Street for the purpose aforesaid, beginning at the inter-
section of the private right of way of the Bomberger Electric
Railroad Company and Fourth West Street, and running thence so th
to the intersection of Fifth North and Fourth West Street, it a
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distinctly understood that the City of Salt Lake has heretofore,
on the 27th day of May, 1907, granted a franchise to the Utah L ht
& Railway Company, (the predecessor in interest of the Utah Lig
& Traction Company, the present holder of acid franchise) grant
ing to the said Grantee therein named the right to maintain and
operate on paid Fourth West Street a single or double track atr et
railroad over said street, and between said points; and, it is so
distinctly understood that it is not the intention of the Board of
Commissioners of Salt Lake City, by this Ordinance to grant to
the Grantee herein named the right to construct and maintain an
additional track over said streets where any tracks have sires.
been oonptraeted by the said Utah Light & Railway Company, or is
successor in interest, the Utah Light & Traction Company, under
the grant hereinbefore mentioned to the said Utah Light & Rail. „.
Company, but that the Grantee herein and the said Utah Light &
Traction Company and the said Utah Light & Railway Company or t.eir
successors or assigns, may maintain said track and tracks on as d
Street where said street is being used by both Grantees, betwee=
the points covered by the Grant herein, Jointly; and in case the
Grantee herein cannot arrange for suoh joint maintenance and op a-
tien, then there is hereby granted to the Grantee herein the r _.t
to operate its oars over and on the lines of railroad tracks
by said 'Ptah Light & Traction Company, its successors and assi . ,
in said Fourth West Street, between the intersection of said
Bamberger Electric Railroad Company's right of way with said Po rth
West Street and Fifth North Street, upon the payment to the ssi.
Utah Light & Traction Company, its successors or assigns, of a
just and equitable proportion of the wets of maintenance and
operation of the portion of the track or tracks to be Jointly
used on that part of Fourth West Street, aforesaid.
SECTION 3. ]wring the term of this franchise the gr tee
shall be subject to the following conditions;
(a) The said tracks shall be laid upon and conform t
the grade of said streets, and if the said grade is afterward
changed by ordinance of the Board of City Commissioners, the to
shall, at its own expense, change the elevation of the tracks
as to conform to the same.
(b) Whenever said streets where said tracks are con-
structed shall be paved, re-surfaced or repaired, then said
grantee, its successors or assigns, shall pave, re-surface, or
repair between the rails and for a space of two feet outside of
each rail with the same kind of material used on the said stree a,
or with such other material as may be approved by the Board of
Commissioners, and all ties shall be laid upon a concrete base .f
such thioknoss as shall be directed by the City Engineer.
(0) The said tracks shall be laid and the road opera ed
so as to cause no unnecessary impediment to the common and ord
erg use of said streets upon which they are laid..
(d) Salt Lake City reserves the right to regulate a,:
control the speed of ell trains and oars operated by the Grant..,
its successors and assigns upon the said. tracks.
(e) If in constructing said tracks said grantee shal
remove or in any manner interfere with the pavement, sidewalks,
curbs or gutters on said streets it shall replace such pavement
with the same or such other material as shall be ordered by the
Board. of Commissioners and shall replace such sidewalks and sue,
curbs and gutter to the satisfaction of the Supervieor of Stree a.
(f) Said Grantee shall put in and maintain such pros-ings
over said tracks as shall from time to time be required by the
Board of Commissioners.
(g) Good and sufficient conduits to convey water sh= 1
be laid end maintained in good condition at the expense of said
grantee in all water ditches crossed by said tracks so as to ad.
mit of free passage of water.
(h) This franchise on the rights and powers herein
granted shall not be assigned without the consent of the Board
of Commissioners. •
SECTION 4. Nothing in this grant shall be so constru d
as to prevent Salt Lake City or its authorised agents, contract . ,
or persons or corporation to whom a franchise may have been or y
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hereafter be granted, from paving, sewering, laying gas or wate
mains, pipes or oonduits, altering, repairing or in any manner
proving said streets.
SECTION 5. Said grantee herein, its successors and
assigns, shall, by the acceptance of the privileges and franohi es
herein granted, and in consideration of the same, does bind its lf,
its successors and assigns, upon its acceptance of this franohi e,
to save said city harmless from all suits, claims, demands and
judgments whatsoever, whether in law or equity, which shall be
asserted, found or rendered in any manner whatsoever, against aid
city for injurry or damage to abutting property, personal injuries
or otherwise, by reason of the granting of this franchise, or bi,
reason of the construction or operation of said tracks, and thai.
• the grantee herein its successors sad assigns, will pay the amount
of any judgment, determination or adjudioation which in any suit
of proceeding may be or shall be found against said Salt Lake
City; provided, however, that said grantee, its successors and
assigns, shall have had notice Of any such suits, and an oppor-
tunity to appear and defend the same, and said grantee, its
successors and•assigns, shall appear in and defend all action
!, brought against Salt Lake City for any injury or damage by reason
of the construction, operation or maintenance of said track.
! SECTION 5. This franchise is granted to aspire on t
first day of July, 1955. Provided, however, that if for a pert d
of nine consecutive months, during the life of this franohise, • aid
tracks are not used for the purposes for which this franchise i
granted, or if there is a substantial abandonment of the use of
said tracks for said purpose, said franchise shall be voidable
at the option of the Board of Commissioners; and if so ordered
the Board..of Commissioners, said tracks shall within thirty
thereafter be removed and the streets restored to a condition
uniform with the balance of said streets with respect to grade, ;
materials end construction, and to the satisfaction of the Sup -
visor of Streets. In the event of failure of said railroad oo any
to remove said tracks and restore said streets upon such notice •
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and within said thirty days, the said work may be done by Salt
Lake City, at the expense of said railroad company.
SECTION 7. Unless this grant and all the terms and
conditions thereof shall be accepted in writing by the grantee
herein within thirty days after the taking effect of this
ordinance, and unless such tracks be constructed within one
year from the date of mach passage, then this ordinance shall
be null and void.
SECTION 8. This ordinance shall take effect thirty
one days after its passage. .///
Passed by the Board of Commissioners of Salt Lake Cit ,
Utah, on the 9th day of October , 19 19 .
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