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63 of 1907 - Ordinance 63 of 1907 – Amending and confirming an ordinance entitled “An ordinance ratifying & c 3e it or.:ained by the City Council of 3 1t City, Utah: ThFt°an ordin•,nee ratifyin • and oorfir:-:ing the transfer of fran- chises to Ut€h Ir,iht anr. J:a.il>rn:,y Corpsany, a Corporation, extending the life of said franchises, and e.'-endin.g the same including the franchises to Utah Tower Company, approved August 4, 1905; be, and the same ee hereby amended as hereinafter set out, and as amended, confirmed. I1 63 AN ORDINANCE AMENDING AND CONFIRMING AN ORDINANCE OF SALT LASE CITY ENTITLED: "AN ORDINANCE RATIFYING AND CONFIRMING THE TRANSFER OF FRANCHISES TO UTAH LIGHT AND RAILWAY COMPANY, A CORPORATION, EXTEND- ING THE LIFE OF SAID FRANCHISES, AND AMENDING THE SAME, INCLUDING THE FRANCHISE TO UTAH POE COMPANY", APPROVED AUGUST 4th, 1906. SECTION I. THAT Section 2 of the above named ordinance be, and the same is hereby amended to read as follows: Section 2. The life, validity and terms of each and . every one of the said franchises, including the above named ordinance. approved August 4th, 1905, as the same is hereinafter amended, be, and the same are hereby extended for the period of fifty years from July first, 1906, that is to say, until July first, 1955; also that the franchise granted by said city to Utah 14".Fewer Company, dated and effective December 28th, 1896 (the oapital k of said company being now owned by Utah Light and Railway s�, ,'dEany) is hereby extended the same length of time, that is to j "r y July, 1955. Said extensions are unt11 the first da of iltsubject to all rights of forfeiture by the City contained ` , !n each of said franchises. SECTION II, That Seotion 3 of the said ordinance is hereby amended to read as follows: Section 3. That the time fixed by Section 2 and 3 of an ordinance entitled "An Ordinance amending and re..enacting certain resolutions granting franchises to the predecessors of the Utah Light and Power Company", dated and effectove December 31st, 1903. 63 providing for the plaoing of transmission wires underground, within the district therein mentioned, and the time fixed therein, for each and every other act therein required, except as herein limited, is hereby extended two years from the time therein named, provided that the said company, its successors and assigns, shall plaoe its transmission wires underground for a distance of not less than sixteen blocks in said distriot during the year 1907, and shall complete the placing of said wires underground in said district, on or before December 31st, 1908, and the said Utah Light and Railway Company is hereby authorised, subject to the approval of 'the City Council of said City, to locate in the streets of said district, the places in which the said wires shall be laid, and the right to excavate and build the necessary underground conduits and ways for such transmission wires, is hereby granted and con. firmed. SECTION III. And be it further ordained that Section 7 of said ordinance be, and the same is, hereby amended so as to read as follows: Seotion 7. In consideration of the premises, Salt Lake City agrees and ordains that it will not, by ordinance or resolution, make any rules or regulations in regard to the price of lighting different from prices therefor herein named, nor shall said Utah Light and Railway Company be obliged to furnish light for any one for less prices than herein lamed; provided, however, that if there shall hereafter be any new inventions or improvements that will materially reduce the cost of producing or distributing either gas or electric energy for lighting or heating purposes, or provided further, if there shall hereafter be any conditions which shall materially enhance the cost of producing or distributing either gas or electrical energy for lighting or heating pirposes, then and in either event there shall be a reasonable readjustment by the City Council and the Mayor on the one part, and the Utah Light and Railway Company, or its assigns, on the other part, of the rates herein fixed. In the event of disagreement between them, either in reppeot to the fact whether the said conditions authorizing a readjustment of said rates have arisen as above provided, or as to the amount of reduction thereof, or both, then the same shall be determined and ascertained by two competent and disinterested each appraisers, the City and said Company,seleoting one, and the two so chosen shall select a oompetent and disinterested umpire; and the appraisers shall then determine whether the said conditions exist, and what reduction or advance of said rates should be made, and upon failure to agree, they shall submit their differences to the umpire, and the decision in writing of any two shall de.. termine the said question. Each party shall bear equally the expense of the appraisal.. In the event said grantee, its suooeasors and assigns, shall upon demand of the City Council, refuse or neglect to proceed to arbitration for a readjustment of rates as herein provided, or fail to carry into effect the rates when readjusted as herein provided, then the City Council reserves the right to alter, amend and change this and said extended franchises, or any or alloof them in respect to rates or charges for the services referred to in this section. Salt Lake City hereby further agrees that the provisions in said street railroad franchises authorizing other railroad companies to run their oars over the tracks of said Utah Light and Railway Company, shall apply only to interuban roads, provided no other company shall be permitted to use more than eight blocks of the traoks of the Utah Light & Railway Company. "Interuban" as herein used, shall be construed to mean towns, resorts and other places situated more then five miles outside of the limits of Salt Lake City.. SECTION IV. And be it further ordained that Section 8 of said ordinance be, and the same is. hereby amended so as to read as follows: Section 8. The right of way is hereby granted to the said Utah Light and Railway Company, its successors and assigns, to construct, maintain and operate, by electric or other power excepting steam, a single or double track street railroad,*ogether with all the necessary connections, switches, turnouts and cross» over tracks, for the a000modation of said road. upon the following streets of said city, and as herein specified. namely: FIRST: On Second West Street from Eight South Street to Ninth South Street. SECOND: On Sixth Avenue from L Street, thence east to th► western boundary of the City Cemetery. Third: One additional track on West Temple Street, beginning at the end of the seoond track a few feet north of the north boundary of Market Street, and extending to Ninth South Street, and a single track upon said street from Ninth South Street to the southern boundary of said pity. FOURTH: A single or double track on Fifth South Street from Second West Street to Third West Street to a connection with the Oregon Short Line Railroad, and also on said Fifth South Street fro; Fifth Bast Street to Seveneth East Street, with switches or turnouts entering into and upon Block Twenty-five (26) Plat "B" Salt Lake City Survey, from Fifth South Street and Seventh East Street substantially as shown upon the blue print marked. "I3shibit A" and hereto attached. FIFTH: A single or double track street railroad on Eighth West Street from North Temple Street southerly to First South Street and from Second South Street southerly to the southern boundary of said city, the same to be constructed and in operation within two years after the acceptance od this franchise. SIXTH: On Thirteenth East Street one additional track from First South Street to Third South Street, and a single or double track street railroad from said Third South Street to the southern boundary of said oity. SEMISINH On Eleventh East Street, a single or double track street railroad from Fifth South Street, south on Eleventh East Street to Tenth South Street, and one additional track from Tenth South Street to the southern boundary of said city. EIGHTH: On Third South Street one additional traok from Rio Grande Street easterly to a point between Second and Third West Streets, and also a single or double track street railroad from Seventh East Street to Ninth East Street, thence south on Ninth East Street from Third South Street to Fourth South Street; also one additional track on said Ninth East Street from Tenth South Street to the southern boundary of the city. NINTH: On Fourth South Street one additional track on all portions of said street between Third West and Seventh East Streets where only one track now exists. TENTH: On Seventh East Street one additional line of railway from a point near the eastern entrance to Liberty Park, to the southern boundary of said city. ELEVENTH: On Third East Street a single or double track from Seventh South Street to Ninth South Street. TWELFTH: On First East Street one additional track from Ninth South Street to the southern boundary of said pity. THIRTEENTH; On Ninth South Street between Main or East Temple Street and Thirteenth East Street, one additional traok on all portions thereof where only one track now exists, and on the remaining portion of said street a single or double track. FOURTEENTH; On South Temple Street ohe additional street railroad track from Twelfth East Street to Thirteenth East Street; also, a single or double track from Thirteenth East Street to West Street, on the west border of the Fort Douglas Military Reservation, a single track thence north^on said West Street to Second Avenue. FIFTEENTHI On B Street a single or double traok railway from First Avenue to Third Avenue, and also from Sixth Avenue to Ninth Avenue, thence east on Ninth Avenue to the City Cemetery. SIXTEENTH; On First North Street, a single or double track railroad from First West Street to Second West Street, thence north on Second West Street to Second North Street. SEVENTEENTH: On Third West Street a single or double track from the intersection with Second South Street north to First South Street, also single or double track from the interseojrion of 12th West and 4th North Streets •west to the Jordan River. EIGHTEENTH; On Fifth West Street one additional track beginning at Second South Street, thence north to First South Street, thence west on First South Street to Eighth West Street. NINETEENTH; On Second South Street between Eighth West Street and the Jordan River one additional track and a single track from the Jordan River on said Second South Street to the western boundary of said city, the same to be construoted and in operation within two years after the acceptance of this franchise. TWENTIETH; On Seventh South Street one additional track from Seoond West Street west to the Jordan River. TWENTY-FIRST: A single or double *rack on Rio Grande Street. The tracks upon the streets hereinbefore named shall be of the present width between rails. Said tracks to be laid to conform to the grade of the street established at the time they were laid, and in case of a change of the grade of the street thereafter, the tracks thereon shall be brought to conform thereto, and in case any of the streets hereinbefore named shall be paved, then the grantee, its successors or assigns shall 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 spade inside the tracks and two feet outside of the same, including all spaces between double tracks where the same may be oonstruoted. And the grantee, its successors and assigns, shall plane oars upon said railroad,%with all the necessary modern improvements for the convenience and comfort of passengers, which shall be run thereon as often as the public travel thereon may reasonably require, or as the City Council may direct, and at a speed not exceeding tweleve miles per hour, and under such regulations as the City Council may from time to time prescribe; and the grantee shall comply with the directions of the City Council in the constructions of said railroad and its switches and turnouts, and in any other matter connected with the regulations of the same, and that the track or tracks shall be constructed in the center of the street unless otherwise directed by the City Council, and in such manner as shall be approved by the City Engineer, said tracks to be laid and the none operated so as to cause no unnecessary impediment to the common and ordinary use of said street for all purposes, and that the water courses of said streets shall 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 where the streets are not paved, good and permanent crossings shall be made and maintained in good condition by the grantee, at the intersections of streets and elsewhere, whenever the same shall be necessary, at the discretion of the City Council and under the direction and to the acceptance of the Street Supervisor. Said crossings shall be of a suitable width for the convenient passage of teams. wagons and other vehicles, and also in line with the sidewalks for pedestrians. Such crossings shall be constructed of stone blocks, ballast or lumber of suitable thickness, or of combinations thereof, as may be required by the City Council, and to the acceptance of said Street Supervisor. The r, price of a single passage shall not exceed five Dents, which s shall be subject to all transfers and commutation privileges as may exist on the balance of the Company's system. SECTION V. 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, 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 VI. That Salt Lake City shall in no way be liable or responsible for any accident or damage that may occur in the construction or operation of said railway by reason of the default or misconduct of the grantee, or its successors or assigns, or their employees; and the acceptance of this grant shall be deemed an agreement on the part of said grantee, for itself and its successors or assigns, to save said city harmless from and against all liability, loss, oasts, expense, or damage of any nature arising out of any such default or mis.. conduct, 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 toss, 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 oity, the recovery thereof and the judgment theretor shall be final as between the said city and the said grantee, and its successors and assigns, and - conclusiTr as to the liability of the latter to the former. y, PROVIDED, the said grantee shall have been given timely notice of the institution of all suits and an opportunity afforded it to make or assist in making defense in suoh actions. 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 company shall at all times 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 proteotion of the public and its property against injury caused by the use of electri- city as motive power; and if deemed necessary by the said City Counoil or Board of Public Works, the said company shall have, make and maintain a complete metallic oirouit of suoh approved kind as shall be used and adopted and proven by ex,erienoe to be proper and reasonable. SECTION VII. The rights and franchises hereby granted are for the term of fifty years from and afternthe first day of July, 1906, and are granted subject to the following conditions. (1) That the said grantee, its successors and assigns, shall construct, complete and have in operation at least one railway track, with necessary switches, upon all of the portions of the streets of said city, covered by this franchise, within the period of four years from the acceptance hereof, except as herein otherwise provided, and in the event of the failure of said grantee to have completed and in operation at least one track on all the portions of said streets within the times aforesaid, then as to all portions of streets not so occupied at the expiration of the periods of time herein prescribed, this franchise and all the provisions hereof shall be null and void: (2) That it the grantee, its successors and assigns shall fail to perform all the stipulations and conditions of this franchise, the City Council, after sixty days notice, and on failure on the part of the said company to provide a remedy or make satisfactory arrangements therefor, may by two..thirds vote declare the privileges herein granted forfeited and proceed to take possession of the roadbed and control the same as if this franchise had not been passed. SECTION VIII. It is further ordained and said Utah Light & Railway Company hereby agrees that commencing with the year 1908, during the life if said franchises. it will sprinkle or flush as the council may direct, free to Salt Lake City, all of the paved parts of the Ssllowing streets, viz: South Temple Stret from the Oregon Short Line Depot eastward to West Street; First South Street from O.S.L. Depot to Thirteenth East and Seoond South Street from the Oregon Short Line Tracks eastward as fas as the traoks are now laid; Wain Street from South Temple south to Fourth South Street; West Temple Street from South Temple Street south to Second South Street; State Street from South Temple Street south to Second South Street; said amount of street flushing or sprinkling being upon the basis of the present population of 100,000 people for Salt Lake City, and the Railroad Company agrees to sprinkle or flush 20 more of the paved streets of Salt Lake City over which its lines may run and to be designated by the City Council for every 26,000 increase in population of said Salt Lake City. the sprinkling or flushing to be done at such times as the Street Supervisor may direct, provided no street shall be required to be sprinkled or flushed oftener than onee adey. The City binds itself to furnish to the Railroad Company at suoh places within said sprinkling district as may be convenient, special $ydrazts,for the purposes of filling the tanks to be used for s .1 ling or flushing and;;all water for sprinkling or flushing t.,6Y'be furnished by Salt take'c ity.; ' 04IO1 U. ' the sai „;.grantee shall, within thirty days from the ' approval/of%*his:ordina, a fi},e its aoceptanoe in writing thereof, with tie `City Repor4ez of said el*. In the event of its failure to eooeppt, the seam,':t1en nothing herein shall beoonatrued to be a ratifica*C(n or ;oonfji+ma tion:of said ordinance passed August: S, 1906, and aaprO?ed by.%the ]�ayor, August 4, 1906. , , 4 SECTIM. This ordinance:shall take effect upon approval. 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