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81 of 1905 - Ordinance 81 of 1905 – Franchise to Salt Lake and Ogden Railroad Company to construct and operate • H • AN ORDINANCE GRANTING PERMISSION TO THE SALT LAKE & OGDEN RA.t WAY CO^PAITY,A CO:2OI:aION,TO CONGT'.,11CT AND OPERATE A STAM AND EL CT;IC RAILROAD THROUGH SkLT LAHY CITY. BE IT ORDAINED BY 'THA: CITY COUNCIL OF SALT LAKE CITY;Utah:- Section 1. That the Salt Lake & Ogden Railway Company, a oorporation,its successors and assigns,have the authority and consent of the City Counoil,and the permission is hereby grantei it for the construction,maintainanoe and operation of a single or i double traok,steam,eleotrio or'other`motioe power,standard guage, railroad,as hereinafter speoified,together with all necessary and convenient switohes,wyes for turn-outs,side-traoks,and cross-over tracks,and the erection of a line of poles,or two lines of poles, when necessary,carryinr; telephone,telegraph,trolley and tra.nsmieiiat wires,for the transportation of paseengers,freir:;ht,express and mail matter,upon the following roads And streets of Balt Lake City, to-wit: A single,or double track,conarenoirg at a point in Third West Btreet,three hundred and thirty (330)feet South of the: South line of North Temple Street, and running thence North along said Third West Street to Ninth North Street. Also a single,or double, track beginning at the South boundary line of Oak Street of Fol- • som'e Addition at a point opposite an alley between Lote One (1) and Thirty-eight (3a) of Block Seventeen (17) of said Addition; thence Northerly across said Oak Street and along Lie alley way last aforesaid,and across Chestnut Street,and along the alley-way running through Block Sixteen (16) of said Addition to Cleveland Aver:uc;thenoe Northerly along Cleveland Avenue,and the County Road Thirteen hundred and twenty (1320) feet to a point on the Westerly boundary line of said County Road. Also a single or double track beginning at a point on Third West Street,Thre hundred and thirty the • feet (330) south of South line of North Temple Street,and running thence South along Tliird West St`reet,to South Temple Street,and running thence Bast on South Temple Street,to West Temple Street, and thence running South on West Temple Street to Market Street, a and thence running East on Market Stree to East Temple Street,and thence running North on East Temple Street,to Third South Street, 81 and thence running West on Third South Street to West Temple Street Also over such portions of said Third `fleet Street as are now occupied by the epurs,side-traeks,wyes,turn-outs and switches heretofore constructed by the Great Salt Lake & Hot( Springs Railway Company,or the Salt Lake & 0gden Railway Company,and now used and maintained by the said Salt Lake & 06den liailway Company, on the following oonditione,to-wit: Section 2. Stem may be used as a motive power upon said Railway at any point Northerly of the intersection of Third West and South Temple Streets,but shall not be used South. or East of said point in the operation of said Railway except in the oonstruo- tion thereof,or for the mov _ent of obstructed an diieablId oars j,i thereon,or for the olearan of said railway fr !Y�abtmu.ction paused from eokage or Goo dent,whenever ele(4'r o pr fottnei motive power sha a inadequate and unequal to the ooca ioni,oEel frei• t shall not be arried Sout'hor East of said intersection of South Temple and Third West Streets) Section 3. All track shall he laid so as to conform with the grades of the streets at the time,and shall be altered so as to • conform to such grade as the City Council may from time to time establish. Section 4, Said grantee and its successors or assigns shall keep in good repair the spaces between the raile,and at least two feet on the outside of each rail,so as not to interfere with the street for public use,and,if required,shall pave such space and side portions with the same material as the street is composed of and in one Of double tracks,speoe between the tracks. Seotion Cars shall be xun eve the whole of said line t "" �-c^ -e f, ra), l ~ i �,A h 6Gau �.,,.. o er t /a ' , n-►'� or lines • ,wzless prevented [u by floods or nows,er any other unav ida e accident. Fare for transportation shall not exceed five cents o r one continuous ride peer the system yrith�the lim of r1 Lake City. Section 8. The City reserves the right t regulate and - control the speed thereof. Scotia. 7s The right hereby conferred shall expire on the let.day ofi=-fir,- ,in the year one thousand nine hundred and fifty-five. -- Seetion 8;That en paved streets suoh rails shall be used la may be lesignated by the City Council. Section 9: Good and sufficient boxes to convey water shal be made and maintained in good condition at the expense of said grantee at all the water ditohes crossing the said Railway so as to admit of the free passage of water. Section 10. Said City of Salt Lake shall in no way be liable or responsible for any accident or damage that may occur On , said read by reason of the default or misconduct of said liailway Company or its employees. And the said grantee,its suoce4sors or assigns,covenant and agree to save the City harmless from4iar against any liability,lossocoet or expense or damage of any nature arising out of the default or'misconduct of said Railway Company, f or which may accrue by reason of any accident or injury which may occur in or by reason of the conotruction or operation of said Railway,and to indemnify 4repay said City for an,y loesoost or expense,or damage of any kind which may be sustained by reason, of any such default,misoonduot,aocident or danger;and if any judgmen for damagee,for any loes,lefault,misconduot,acoident or injury shall be recovered against said Ckty,the recovery thereof and the judgment therefor,shall be final as between said City and said , . , grantee,its successors or assigns,and conclusive as to the liabil-i i I ity of the latter to the former. Section 11. That whenever the City Counoil shall find it necessary or desirable to E;rant any other railroad company a franchise over any of the streets herein granted,the crantee here shall allow running arrangements over granteeltracks to su:h other companymaking equitable pay4,ent for contruotinz„naintain 4( , and operating the portion of said grantee's tracks so used. ‘ 1 Section 12, In oonsideration of the iranting and accepting this franchise,all former franoes heretoore granted to the pre- deoeseor in interest of this grantee,to-wit,The Great Salt Lake & liot Springs Railway are hereby annulled. Section 13: That if this grant,with the- conditions herei# contalhed,he not aceepted in writing by said grantee,vvithin thirty days after the passage of this ordinance then the said fran0h100 shall become null and void 29-ga, „,"„kze,,64,_ .A1.. A •-t-f_.,--,-1,-,-- ,RA,. . v1-04444w,,,,,,c4 j parses& 'by the City -OoAsoll of Salt bake City. D*.m ggrommmsr w dth, 19011, an referred to the Mayor for hie applrN►al. 410( sity As oramr. jAp *vet this ;7 Lay of September 1,0S. �-� - r.. ?' cn fcc n_ Lae/ r