6 of 1901 - Ordinance 6 of 1901 – Franchise, Salt Lake City R. R. Co. to construct and operate electric railro mod.
Granting a Franchise to the Salt Lake City
Railroad Company.
SECTION I. Be it Ordained by the City Con no't of Salt Lake City: That the Salt
m Lake City Railroad Company,its successors or assigns,have the authority and consent of the City
Council,and the permission is hereby granted it,to construct and operate by electric or corn-
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pressed air motive power,a double track street railroad, together with all the necessary switches
and turn-outs for the accommodation of said street railroad, upon the following streets
of this City,namely:
l=arom the center of the intersection of Seventh Last Street and Ninth South Street south
on Seventh Last Street to the south boundary of the City.
Upon the following conditions,namely:
II, Such track or tracks to be laid and maintained on such grades as are now or may here-
r. after be established by the City Council.
In consideration of this franchise,the grantee, its successors or assigns aforesaid, are
1'' hereby required to pave and keep in good repair with the same material and in the same manner
1 as the rest of the street is or may be paved or improved the space inside the tracks and two feet
outside of the same, including all spaces between double tracks where the same may be
1 i. 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
shall place cars upon said railroad with all the necessary modern improvements for the con- i
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venrenee and comfort of passengers,which shall be run thereon each and every hour,both ways,
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for the same period of time as cars are run in other parts of the Cit (provided, that the grantee
'''y' shall not be required to rut oftener than once in fifteen minutes,)and at a rate of speed not
exceeding twelve miles per honr,and under such regulations as the City Council may from time
to time prescribe; Provided,that the grantee aforesaid shall comply with the directions of the
'y , City Council in the construction of said railroad and its switches and turn-outs, and in any
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other matter connected with the regulation of the same,and that th traek<Lacks sgha�ll be
i' i,� constructed so that the wet rail of the proposed line shall be within feet of the curb T`me of
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the west side of the street,along the east side of Liberty Park,excepting where the canal main-
V taitred by the City renders such construction impracticable, unless otherwise directed by the
City Council,and in such manner as shall be approved by the Street Supervisor,the track to be
0 laid and the road operated so as to cause no impediment to the common and ordinary use of said
street for all purposes,and in such manner that the water courses of said streets be kept free and
unobstructed; said tracks to be laid upon a good foundation,even with the surface of the road-
way,and whenever the streets shall be paved suitable rails shall be used on such streets,and
that good and permanent crossings shall be made and maintained in good condition by the
grantee aforesaid,at the intersections of streets and elsewhere whenever and wherever the same
7 shall be necessary,at the discretion of the City Council,and under the direction and to the
acceptance 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 license tax of twenty-five
dollars per car for the average number of cars operated upon this line; but otherwise said
company shall not be liable to any per capita tax or other license upon the rights herein granted.
SxcTron 2. That this franchise is granted for a term of forty-five years from the date of
1'1. the passage of this resolution,and accepted on the following conditions, namely: That if for
\ any reason the said grantee,its successors or assigns,fails or refuses to conform to any of the
1 d provisions of this franchise,then said franchise may be, upon notice,revoked by a resolution of
the City Council passed by an affirmative vote of a majority of all the members thereof; and
�• ' upon the passage of such resolution as aforesaid,said franchise shall at mice become null and
void; and the City shall thereupon have the absolute right to enter the streets of said City and
'I. take possession and remove therefrom, all poles, wires, tracks and other appliances therewith
connected,belonging to said grantee,and at its expense.
And tire 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 employes for or on account
of such entry or removal.
SnC1noN 3. That nothing in this grant shall be so construed as to prevent Salt Lake
City,or its authorized agents,from paving,sewering,laying gas or water mains or pipes, alter-
ing,repairing,or in any manner improving any of the streets mentioned herein, or any other
streets of said city,but all such improvements shall be made with as little injury as practicable
to said railway and the operating thereof.
SECTION 4. That in the construction and operation of said railway 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 relation to operating
railroads,street railways or tramways in said City,and for each violation thereof they shall he
liable to a fine in ally sum not exceeding one hundred dollars.
That whenever the City Council shall find it necessary or desirable to grant to any other
street railroad company a franchise over ally of the streets herein granted, to secure to such
.7. other company a connection with some important center or terminus, the grantee herein shall
allow running arrangements over grantee's tracks to such other company upon such other
\0 company making equitable payment for constructing, maintaining and operating the portion
of said grantee's tracks so used.
SECTION 5. That Salt Lake City shall in no way be liable or responsible for any
°o accident or damage that may occur in the construction or operation of said railway by reason of
}tl the default or misconduct of the grantee,or its successors or assigns,or their employes; and the
acceptance of this grant shall be deemed all agreement on the part of said grantee,for itself and
Io 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
C accrue by reason of any accident or injury which may occur ill 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 laud it may sustain by reason of ally such default, misconduct, accident or
11 injury that shall be recovered against said City,the recovery thereof and the judgment therefor
v:fir shall be final as between the said City and the said grantee,and its successors and assigns, and
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conclusive as rite liability,of the latter to the former.
The grantee shall be liable for all accidents to people or injury to property, whether of
the city or private parties in the construction and operation of its said railroad,occasioned by its
misconduct, negligence or default,and particularly in the use of electricity thereon,and the said
r'" 1 company shall at all times be required to use such reasonable and approved methods as are then
ry � ill successful use by cities of approximately the same size as Salt Lake City,and as shall at any
tune be requested by the City Council or the Board of Public Works, for the protection of the
5 public and its property against any injury caused by the use of electricity as motive power; and •
'3 1 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 experience to be proper and reasonable.
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Sitc'r1oN 6. If this grant, with the terms and conditions herein contained, be not
accepted in writing by said grantee within thirty days after the passage of this resolution,or if
the work be not commenced within thirty days,and the road in operation within ninety days
after said acceptance,then this grant,as to such portion or portions of the streets upon which
the road shall not be in operation,shall heroine null and void. The acceptance of this franchise
shall be construed as an agreement to give a half hour service for at least six hours each day
upon all lines operated under franchises heretofore granted by Salt Lake City.
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