81 of 1912 - Franchise, A. J. Evans, et al. AN ORDINANCE.
An ordinance granting to W. W. Armstrong, W. R. Wallace, A. J.
Evans, D. R. Beebe, J. B. Keeler, J. S. WcBeth and Geo. C. Whitmore,
Trustees, a franchise and right of way for the construction and operation
of an electric railroad upon and over First West Street of the city of
Salt Lake.
Section 1. A franchise and right of way is hereby granted
and given to W. W. Armstrong, W. R. Wallace, A. J. Evans, D. R. Beebe,
J. B. Keeler, J. S. McBeth and Geo. C. Whitmore, Trustees, their grantees
and assigns, to lay, construct and operate a single or double track standard
gauge railroad, to be operated by electrically transmitted power, for
the transportation of passengers, freight, express and mail matter, which
line of road is shown in yellow lines upon a blue print hereto annexed
and made a part hereof, together with such switches, wyes, turnouts,
side-tracks and crossover tracks as may be necessary to reach freight
and passenger terminals, and to erect and maintain all necessary poles
carrying telephone, telegraph, trolley, power and transmission wires,
necessary to the operation of such road; all, however, under and in
accordance with the conditions and limitations hereinafter in this
ordinance specified. The street included in and to be affected by this
grant is as follows, to-wit:
Commencing at the south boundary line of Salt Lake City at or
near where said south boundary line is intersected with First West street;
thence north along First West street to North Temple street; also east on
South Temple street to West Temple street; thence south on Test Temple
street to Fourth South street; thence west on Fourth South street to First
West street.
Section 2. This franchise is granted subject to the following
conditions, viz:
(a) No coal or freight of any kind, or coal or
freight cars shall be hauled or permitted north of Third South street.
(b) All express and mail matter transported within
the city limits of this city shall be carried in cars of the same genevfoi
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outer design and finish as the passenger cars operated in said city and
the same shall be so constructed and arranged as to entirely inclose
all loaded matter.
(c) No passenger, freight, express or mail cars
shall be permitted to stand on any track or switch on any street within
the city longer than five minutes, nor shall any freight, express, mail
or passenger cars be loaded or unloaded on any street within the city,
except that passenger cars may stop at any point to take on or discharge
passengers.
(d) That span construction shall be used for carrying
wires, and no poles for carrying telephone, telegraph, trolley, power,
transmission wires, or for any other purpose, shall be placed in the
traveled part of any street of said city. That all poles to be used by
the grantees, their successors or assigns, shall be of suxh size, material
and shape, and be placed at places indicated by the city engineer. It is
distinctly understood that Salt Lake City shall have the right to use any
or all of the poles erected by said grantees, their successors and assigns,
for the purpose of placing thereon such wires, and for such other pur-
poses as it may desire, the same not to interfere with the use of said
poles by the grantees, their successors and assigns.
(e) That all railroad tracks upon paved streets shall
be laid upon a concrete base of such proportion, and upon ties of such
material as may be directed by the city engineer, and so as to conform to
the established grade of the street upon which they are to be laid, and
if the grade of the street is afterwards changed by order of the city
authorities, said grantees, their successors and assigns shall, at their
own expense, change the said tracks to conform thereto. That whenever
said tracks are laid upon the unpaved portion of any street the grantees,
their successors and assigns shall, at their own expense, gravel and
maintain in good condition said street at the established grade between
tracks and ten feet on each side ofnthe outer rails, to the approval of
the supervisor of streets of said city, said gravel to be placed and
maintained flush with the top of the rails. That whenever any part of -_..
unpaved street upon which said railway is constructed shall be paved . ��
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grantees, their successors and assigns shall pave, at their own expense,
between the rails and tracks, and for a space of two feet outside of the
outer rail, with the same material ae that used in the street paving, and
shall maintain the same in good condition and to the satisfaction of the
supervisor of streets of said city. That in case said grantees, their
successors or assigns shall, in the construction of said tracks or roadbed,
r_omove or disturb in any way any pavement, crossing, waterway or other
improvement, they shall repair or replace the same, and place it in as
good condition as before such disturbance or removal, and to the
satisfaction of the street supervisor.
(f) That said grantees, their successors and assigns
shall, on the unpaved portions of said street, put in and maintain cross-
ings where the line of said railroad intersedts streets of Salt Lake City
of such width and location and material as shall from time to time be
required by the board of commissioners of said city, and shall, without
requirement of said board, at once, upon the construction of said road,
put in and maintain said crossings; and shall, at their own expense,
construct and maintain under the supervision and to the satisfaction of
the city engineer sufficient conduits for the conveyance of water in all
water ditches crossed by the tracks of said railroad, so as to admit of
the :'free passage of water, and shall repair and keep the same in good
condition, to the satisfaction of the supervisor of streets of said city.
(g) That said tracks shall be laid in the center of
said street, unless otherwise ordered by the board of commissioners of
said city, and the road operated so as to cause no unnecessary impediment
to the common and ordinary use of said street. That said grantees, their
successors and assigns, shall comply with the directions of the hoard of
commissioners of said city in the construction of said railroad, and in the
operation of the same within the limits of said city, and shall in the
construction and operation of said railroad, at all tildes, conform to such
ordinances, rules and regulations as have been or may hereafter be adopted
by said board of commissioners in relation to operating railroads, stree
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railways and tramways in said city.
(h) That said grantees, their successors and assigns,
shall at all times maintain and keop the said track or tracks and roadbed
and the approaches thereto, in good condition, and shall equip said rail
way with all modern appliances, cars and equipment such as is used and
employed on first class street or interurban railroad systems generally,
and keep said road so equipped for the comfort and convenience of its
passengers, and provide its cars with proper fenders, brakes and other
appliances, necessary to the safety and protection of its passengers,
employees and persons using said street, and shall operate its cars in
such manner as to interfere as little as possible with the public use
of said street, and shall operate said railway upon the said street of
said city, and shall run and operate its said cars at such intervals of
time as will properly accommodate the public' This franchise being
granted for the purpose of interurban traffic, the said grantee shall not
be required or permitted to transport passengers between points
situated within Salt Lake City.
(i) Whenever the city commissioners shall find it
necessary or desirable to grant any other interurban street railway
company a franchise over the street covered by this grant, to secure to
such other company a connection with any important center or terminus,
the grantees herein, their successors and assigns shall allow operating
and running arrangements over the tracks of said grantees, their
successors or assigns, to such other company upon wuch other company mak-
ing equitable payment for constructing, maintaining and operating the
portion of said grantees' tracks so used.
(j) That the grantor herein shall not in any way be
liable or responsible for any accident or damage to person or property
that may occur by reason of the construction or operation of said railroad,
or by reason of the default, misconduct or negligence of said grantees,
their successors and assigmi, or their agents or employees, and said
grantees, for themselves and their successors and assigns, agree to sa'--
the grantor harmless from and against any and all liability, loss, c,1
expense, or damage of any kind or nature, arising because of the const -
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tion or operation of said railroad, whether by the default, misconduct or
negligence of said grantees, their successors and assigns, or the agents
or employees of either or otherwise, or which may accrue by reason of any
accident or injury to persons or property during such construction or
operation and to indemnify and repay said city for any such loss, expense
or damage of any kind which may be sustained by said city; and to defend,
at their own expense, upon due notide given of any suit in law or in equity
brought against said city for damages, or loss on account of any default,
accident or injury aforesaid and in the event of,any recovery being had
therefor against said city, they will satisfy the judgment, which shall We
final and conclusive evidence of the liability of the grantees, their
successors or assigns to the city.
(k) This franchise or the rights or powers herein
granted shall not be assigned by the grantees, `their successors or assigns,
to any.person, firm, company, or corporation without the consent of the
board of commissioners of Salt bake City being first had thereto.
Section 3. Salt Lake City reserves the right to regulate and
control the speed of all cars operated by the grantees, their successors
and assigns, within the city Nothing in this grant contained shall be
construed to in any wise affect the exercise of the police power of the
city for the safety and health of the people, or to prevent the grantor
or its authorized agents, officers or constrctors or persons or corpora-
tions to whom frsabhises may have been or may hereafter be granted,
from creasing said railroad track, or from paving, sewering, laying gas
or water mains or pipes in said First west street, or from altering, re-
pairing or in any manner improving said street-
Section 4. If the grant of this franchise be not accepted in
writing by the grantees within sixty days after this ordinance becomes
effective; or the construction of said railroad in Salt Lake City be not
is accepted
commenced within ninety days after this ordinance tummtsxxtTismaxis, or if
the work of construction said road be not prosecuted with diligence, or if
the construotion of said road be not completed within Salt Lake City
within two years and to Provo, Utah, within three years after this
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ordinance becomes effective, or if said grantees, their successors and
assigns, shall fail or refuse to comply with any of the conditions of this
grant, or to perform any of the conditions imposed upon them, then this
franchise shall be null and void.
Section 5. This franchise is granted for the period expiring
on,t e.f rs day of January, A. D. 1962.
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