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72 of 1907 - Ordinance 72 of 1907 – Amending and confirming an ordinance entitled “An ordinance ratifying & c AN ORDINANCE RENDING AND CONFIRMING AN ORDINANCE OF SALT LAKE CITY ENTITLED: "AN ORDINANCE RATIFYING AND CONFIRMING THE TRANS- FER OF FRANCHISES TO UTAH LIGHT AND RAILWAY COMPANY, A CORPORATION, EXTENDING THE LIFE OF SAID FRANCHISES, AND _ENDING THE SAME, INCLUDING THE FRANCHISE TO UTAH POWER COMPANY", APPROVED AUGUST 4th, 1905. BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH: That "An Ordinance ratifying and confirming. tl transfer of fran- chises to the Utah Light and Railway Company, a corporation, ex- tending the life of said franchises and amending the same, includ- ing the franchises to the Utah Power Company, approved August 4th, 1905", be and the same is hereby amended as hereinafter set out and as amended, confirmed. 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, 1906, as the same is hereinafter amended, be, and the same are hereby extended for the period of fifty years from July 1st, 1906, that is to say, until July 1st, 1966; also that the franchise granted by said city to Utah Power Company, dated and effective December 28th, 1898, (the capital stock of said company being now owned by Utah Light and Railway Company) is hereby extended the same length of time, that is to say, until the first day of July, 1966. SECTION II. That Section 3 of the said ordinance is hereby amended to read as follows: -2- Section 3. That the time fixed by Sections 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 effective December 31st, 1903, providing for the placing 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 lim- ited, is hereby extended two years from the time therein named, provided that the said company, its successors and assigns, shall place its transmission wires underground for a distance of not less than sixteen blocks in said district 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 authorized, subject to tho 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 con- duits and ways for such transmission wires, is hereby granted and confirmed. SECTION III. Ahd be it further ordained that Section 7 of said Ordinance be, and the same is, hereby amended so as to read as follows, Section 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 named; provided, however, that if there shall hereafter be any new inventions or improvements that -S- 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 distrib- uting either gas or electrical energy for lighting or heating purposes, 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 respect to the fact whether the said conditions authorizing a readjustment of said rates have arisen as above provided, or as toti the amount of reduction thereof, or both, then the same shall be determined and ascertained by two competent and disinterested appraisers, the City and said Company each selecting one, and the two so chosen shall select a competent and disinterested umpire; and the appraisers shall then determine whether the said condi- tions exist, and what reduction or advance of said. rates should be made, and upon failure to agree, they shall submit their differ- ences to the umpire, and the decision in writing of any two shall determine the said question. Each party shall bear equally the expense of the appraisal. In the event said grantee, its suc- cessors and assigns, shall upon demand of the City Council, re- fuse 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 fran- chises, or any or all of them, in respect to rates or charges for the services referred to in this section. qAl t. 7,alr�(+1 t hargby furthar f rafaa t,hnt the rralzi ai n„R Sy the acceptance of this franchise the grantee consents that any interurban street railway having permission to construct and operate its track upon any of the streets occupied by tracks of the grantee may use said tracks jointly with the grantee upon making equitable payment for constructing, mainta3,ning and operating the portion of said grantee's tracks so used. This provision authoriz- ing other railway companies to run their cars over the tracks of the grantee shall apply only to such interurban roads as are not cm- ' petitors within the City with the ,grantee. "Interurban" as herein used shall be construed to mean railroad running between Salt Lake City and towns, resorts and other places situated more than ten miles (. outside of the limits of Salt Luke City. { `f0 -4- panias to run their oars ovor tho tracks of said Utah- m fi` lYs Om a� shall apply ��' p R • resorts and other places situated more ilos outoido of tho limits of Calms. SECTION IV. o- And be it further Ordained that Section 8 of said or- dinance be, and the same is, hereby amended so as to read as follows: Section 8. The right of way is hi;reby granted to the said Utah Light and Railway Company, its successors and assigns, to construct, maintain and operate, by electric or other power except- ing steam, a single or double track street railroad, together with all the necessary connections, switches, turnouts and cross-over tracks, for the accomodation of said road, upon the following streets of said city, and as herein specified, namely: FIRST: On Second West Street from Eighth South Street to Ninth South Street. SE.;OND: On Sixth Avenue from L Street thence east to the western boundary of the City Cemetery. THIRD: One additional track on West Temple Street, be- ginning at the end of the second 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 city. 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 from Fifth East Street to Seventh East Street, with switelsep -5- 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 "Exhibit 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 of this fx•an- chise. SIXTH: On Thirteenth East Street one additional track from First South Street to Third South Street, and a single or do uble track street railroad from said Third South Street to the ,southern boundary of said city. JI ` SEVENTH: On 2nd South Street, a single or doable trac",;-, street railroad from 10th East Street to llth East Street, thence south on llth East Street to 10th South Street; and one additional track on llth Nast street from 10th South Street to the southern boundary of said00 City. that the Company shall bring the street to an est<�h7.i.�,he PROVIDED, rl a� Streets at �, grade on llth i?<�.st street between 'rd South and 4th South „ track on said street, said grading to be done under the time of laying ^; En:ineer. the ., o_r the supervision 9 ins alit EIGHTH: On Third South Street one additional track from Rio Grande Street Baste:-ly 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, • • • • • • • _8- 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 city, THIRTEENTH: On Ninth South Street between Main or East Temple Street and Thirteenth East Street, one additional track 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 one additional street railroad track from Twelfth East Street to Thirteenth East Street; also, a single ogilluilis track from Thirteenth East Street to West Street, on the west border of the Fort Douglas Military Reservation, thence north on said West Street to Second Avenue. • FIFTEENTH: On B Street a single or double track rail- way 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 Str::et a single or double track from the intersection with Second South Street north to First South Street. 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 • ry_ western boundary of said city, the same to be constructed and in operation within two years after the acceptance of this franchise. Yt�ENTI ,TH: On Seventh South Street one additional track from. RtrlaRt: wo.t t.n t.hc .TnnARn n1.+n++ • The said grantee also agrees to grade a roadway fifteen feet wade outside of the rails on both sides of the track on all streets where it extends new tracks for street car purposes, • • • • TWENTY-FIRST: A single or double track on Rio Grande street. L — 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 space inside the tracks and two feet outside of the same, including all spaces be- tween double tracks where the same may be constructed. And the grantee, its successors and assigns, shall place cars upon said railroad, with all the necessary modern improvements for the con- venience 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 twelve 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 construction of said railroad and its switches and turnouts, and in any other matter connected with the regulations of the same, and that the truck 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 road operated so as to cause no unnecessary impediment to . I -8- 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 intersec- tions of streets and elsewhere, whenever the same shall be nec- essary, at the discretion of the City Council and under the direc- tion and to the acceptance of the Street Supervisor. Said cross- ings shall be of a suitable width for the convenient passage of teams, wagons and other vehicles, and also in line with the side- walks for pedestrians. Such crossings shall be constructed of stone blocks, ballast or lumber of suitable thickness, or of com- f binatlons thereof, as may be required by the City Council, and to { the acceptance of said Street Supervisor. The price of a single passage shall not exceed five cents, which 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 respon- I, sible for any accident or damage that may occur in the construc- tion or operation of said railway by reason of the default or -8- 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 intersec- tions of streets and elsewhere, whenever the same shall be nec- essary, at the discretion of the City Council and under the direc- tion and to the acceptance of the Street Supervisor. Said cross- ings shall be of a suitable width for the convenient passage of teams, wagons and other vehicles, and also in line with the side- walks for pedestrians. Such crossings shall be constructed of stone blocks, ballast or lumber of suitable thickness, or of com- binations thereof, as may be required by the City Council, and to the acceptance of said Street Supervisor. The price of a single passage shall not exceed five cents, which 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 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, :end for each violation thereof they shall be liable to a fine in any sure not exceeding One Hundred (A100.00) Dollars. Provided, that nothing in this provision shall be construed to prevent the City Council from forfeiting this franchise for any violation thereof as provided in this franchise. -9- miscon uc t of the e, or its successors or assigns, or their employes,^and the acceptance of this grant shall be deemed an agreement on the part of said grantee, for itself and itr success- ors 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 accrue by reason of any accident or injury which may occur in or by reason of the construction or of said railway, and to indemnify and pay said city for any loss, 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. city, the recovery thereof and the judgment therefor shall be final as be- tween the said city and the said grantee, and its successors and assigns, and conclusive as to the liability of the latter to the former. 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 such 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 protection of the public and its property against injury caused by the use of electricity as motive power; and if deemed necesnary by the said City Council of Board of Public Works, the said company shall • -10- have, make and maintain a complete metallic circuit of such ap- proved, kind as shall be used one adopted and proven by experience to be proper and reasonable. SECTION VII. The rights and franchises hereby grunted are for the term of fifty years from and after the first day of July, 190b, and Ere 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 rail- way 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 andlall the pro- visions hereof shall be null and void. (2) That if 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 fail- ure 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 poss- j ession of the roadbed and control the same as .if this franchise had not been passed. SECTION IX. The said grantee shall, within thirty days from the ap- proval of this ordinance, file its acceptance in writing thereof, with the City Recorder of said city; otherwise the same shall be null and void. a f • SECTION VIII. That Subdivision 2 of Section 5 of said ordinance be, and. the same is amended to read as follows: Said Utah light Railway Company further agrees that during the • life of said franchise It will furnish the said city for municipal street , lighting purposes through contracts of not less then three pear periods arc lights which will give an average illumination of not less than the present standard455 watt inclosed arc lamps, all night service, at a price not to exceed °15.00 per month. I ovi-ded that any contract for street lighting purposes -,hall contain the following provision or pro- vinions: The arc electric lamp or lamps, together with globes, reflectors, and not less than one hundred netalie electrodes or carbons, of uniform quality proposed to be used for street lilfightingi.purty pnses seex subject to the --i�proval d to and reflectors,P „ors shall beor lamps, globes, refl .c , The lam or the esy anddecarbons engineer. d vat, ved b-' the city engineer I carbons, no submitted to and _ 0 lamps, electrodeshd lam„ or 1 , tom. dLr the standard�•ineer shall become or the city electricalb , t en f the standard electrodes or • the standard globes, the standard reflectors, rd lump or lamps, -lobes, reflectors, standard _ the standard carbons. The s electrodes or carbons shall be retained hn the City. All lamps, globes, reflectors, electrodes or carbons used shall conform to the standard of t ose retained by the City. —' • • • • • %;C'iI0h1 . 311 ordinances, franchises and .r.es0l11-1;ions passed by the City Council of this City, or parts of the same, in conflict with the provisions of this ordinance, are hereby repealed, annulled and. rescinded to the extent of such conflict. SECTION XI This ordinance shall take effect upon approval and acceptance. "Passed by the City Ootancil of Lv.'�c City, "tta.]i 7)onr;�ber 2nd, 1907, encl. referred to the _:nyor for his :urova1. 2 ( r C't^ corcler. :11:1roved this day,; o:° DeceM':r r, { • eya, -411cit , pd 719 the Si cor NT 2 je.r.17g/.1,47 ah-4,/Dicy ,teiTr, - Car First PublicAn in . .......6110$11. ft)07 J. B. MORETON, OIt ROCartier. ed 0 the GitAte:,e,y /— • DEC 2 Icj07 ' -• 6-"