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84 of 1907 - Ordinance 84 of 1907 – Franchise, Emigration Canyon Railroad Company, along and across certain str A N ORDI .adN, pear ting a franchise to the Pmis:r."tion ,;Enon railroad t;omparly and ecross certain streets of hit T he r)ity. section :I. -- 70 it resolved hy the 1;ounsel of dolt Take ,;ity; pleat the 7mligration U,r,non pcilroad. /;01,5-11Lriy, its successors and 221.p;ns, have the airthori.ty and consent the ,;:ity i;ounsel and the permission is hereby 'ran ted it, to constrict and operate underground klExfitH electric orci Pie motve power, a staple track ir te railroad for the rpose of or nlprinp passenperz, froia;ht, express, 1-% 'dell, or any of them, with all accessory switches and turnouts, across and alon-. the -roll owina" streets ,,cross the east end of e5th Post:, Pe-merth pot,bh, CilItti a point not more than 20 feet west, fiom Po' th.and a eirss rt1 su th, on a lire nr.nrinu, north. froslAthe ,4944- end o stove cc T:Cd, onto ce Pros- and Gun lock Pe-Pen besn, 1st Is-'??, P11 01 1 ov 1" r7o, L1-1 ro-r, 1 0a,t erre tsuminps to to middle of Thirteen bd , thence alon, -Le middle ef1d lrtclnth 75e. to vif t7' POL,b7); erce rt autk to a poin b opposite Tot hree lock Prrver tcci Ciat urt 717,1;-e. dity Purvey, thence , . by proper curvature into and upon se id Lot b'hree.* 7-•-rovided that the rightb.., of 7,ray heresy r,,runted shall not be deemed to authorize the prantee to constnict a track on any streets on which there is already a docile track reilroed, or on ';rhich any other company no-,7 has a rirlht to construct such ros.d. Irnd provided further that such track or tracks shall Le laid on ,v:rch -:rades as <MEI', hi:reelter be estalilishcd 1,y the jity i;ouusel. _ In consider,tion whereof, the -Tan lee, its sucaessors re herdl-T required to keep in -,.00d repairA he same mr tonal and in the -17.nrnr the rest 57 bhe aybreots is or ,:ray or,:ved, a space inside of the track -and a f...!,-pa cc tare f cob each side of the same, includin, spacsa hetween dank],c tr• era vf. ere ho bame 11E,2( he cons brscted, and also to use no steam -2,0,-.-er unless t:110 tipery, on any pa rt of the road for Tropert71 co.no 84 A N OMIT APTF Granting a franchise to the ^min;rrtior. ,anon ,ilrerd t;omuany alone; and across certain streets of eel t T,ake t4ty. eection 1.-- e it resolved by the 1.aty ,;ounsel of ea.lt take ,;ity; That the ,-,nif.,ration ;-poi hoilroa.d ,;onoany, its successors and a se,lens, have the authority -,nd consent of the ,,i_.y ,,'ouneel and the permission is hereby -ranted it, to construct end oper:,to underground kintick, electric or^ce.tie motive power, asirs*le track inter-urban railroad for the poruose of ccrryin; , .ssen ens, frcir,;it, har ,-;c, express, c. hail, or any of them, with all necessary switches- a.nd turnouts, across and al on- the foil or-;in,' streets; to-wit: Across the east end of ei-° th Ton-b, 1eventh south, ninth a point not more than 20 feet west :from ,o• and ecorss y;i.th eautk, on ,a line runniru- north fro-Athe a • earl o" said,screet ove , ^red onto T,o-. . '_'Tree cad -_`our 'lock '"ever!.teen, 71a t § � „ � tf �. �',t'. ^.oath nor i --;te;nr i:o Tirinv.s to )( According to e, map or diagram hereto annexed and made a part of this ordinance, upon which is shown in _:_zed Indt the location of the right f way hereby granted. • other coripan; nor- --- - And provided further that such tra.c, or tracks shall ,e laid on such 'rades a.s shall hereof ter be established hy the ,;ity i;oui-sel. n In consideration whereof, the >ra.n tee, itssuccessors and as- signs are hereby recu.ired to keep in 'cood renair•"t,.he same mr terial end in the same rra.r:ner a.,, the rest or the streets is or nay be paved, a space inside of the track and a space two f get each side of the same, including a.11 aces between double ore cks -,;,ere th.e Same be cons'trn.c;,ei-, and also to li.ce no stc,a7,1 no rer unless t7oe SFUC ,)e !Lr tiopery, on any pe rt of the road for ropell.ir.-- cars 84 etion 2.--ro cars ea.c..-L14—e# sid streets at greater speed than twelve miles per hour and lirder such regulLtions as the ,;ity ,;ounsel nay from time to till() ',prescribe, 7nd r,rovided that no freight cars shall te run over ma if streets or tracts other thal. electric cars, of 7 vmight not to er,Tceed 'C.-Arty tons -Then loaded, ax 1 the sEid granLec, its succes- bore and assicns, shall comoly nith the direction of the ,..:iby );ouosel it the construction eZ sairl railroad , ad in nay e:.'--c -;; tter coenceod with tl.e rec;u1 F.tik)11S of do 4,- e, ,),d t'n.c tr7 el" er trF.CICE S1 q.11 1)(2. cone tre c- ted in the center or blle stneeLs -inlets ot':ei-T,ifc 0.4,ren!ed 1,-7- the ,;ity city engineer and , ounsel rnd in such (1=ener as shill -,,e apprcT,o6 ey theptreet so.,er- visor, the tr7c1; to he Trie, Fnd de ro-d on,erated so as to ca'upe co ionnecessrr imoediert to tc ee on -nd erdirery ure or said ,,.treets for all eurp00e2; 7nd L',71-. Lice v., ben conr.:e2 or ,:,-id Ltre,q.s is left free and unobstr,,cd, said drool; to ic I-id upon a -ood roundation, e. 7.r. w th the snrrEce or the road '.ed; an(1 good :lid Den/anent crossings shall 0 made by the grantee rfo-e-rid at the in":e,-,2ecAon of streets and rig -1.1 If, in the construction or repair of the road-bed of the grantee in this franchise, the street outside thereof shall be in any manner inter- fered with, the said grantee shall restore the same to the satisfaction :-, and approval of the Supervisor of Streets. .' .../ ' -resolution, the ,;ity oun7:el, 7 'ter siP"ty dcys „ti:-.c., on fail ore on the part of said i:omPeny to -arc -ide a remedy or o'ce satisfa,ctory arrnnne- , -nents thereror, cry- Ly P tho-thirds vote, declare the privileges herein granted forfeited, and nroceed to take porseEsion of the rordhed 7nd control the 27.- e, as if this resolution had not 1GY, prssed_ That not—hine: in this grant shall be so construed as to prevent or contractor [hilt Lake ,]ity o it 7sthorized gentmACrom nn-ving, 2owering, laying conduits, ,. .... , F'._ ,, , gas or water TAns*oa pi,)eb, ,Iteime:, ,e',=nr , or in any manner im- proving any of tine streets mentioned herein, or any other streets city, but all such imorovelents shall be node with as little injo. E0 /Y possible to sc.. .d railway and the operating thereof. 2 !,(-:c ti on 2„--ro ears ea-r-b-p.74,—tk# said streets at greater speed than twelve miles per hour and under such regulu.ticns es the 11ity ,.Jounsel nay from time to tine -prescribe, and provided tha t no f re ight cars shall be run over so id streets or trades other than electric CU'.I'S 2 or not to exceed 'tdiirty tons ,Tiken I coded, and the said gran 1:e e, i ts succes- sors and assigns, cd.'-tall comt_ay 'y.'-ith the direction of die t..,A.t-..,k7 i;o-ur,sel ir, the construction of said rail road v..nd in any o t.'ger mat ter comic cod with 4,:7,g3 re,-.,,,,.31a.ti on s of Lhe, c 7 ,c, and the -',.ra oh o r tra ch.c shall ;)e. construe- t ed. in '',-;.-te: center of the s,tree Le unless ot7-.ervrise 0.,:t re cte d 177 1:7-3e Pity city engineer and Opun el ruT in F5u.c7, .7.. rr liner as shall be .ano ro-7;',,,d i:y thexstree t super- visor, the trF,.t.7:3: to be 1 a id argi the road oncra ted so as to cause 1.,0 unnece ss.17- 3:i):.-)0(1i:,er,',-, to tme co,,,:on trd o-Mina re re of sa id. s tree tk-: - for all :ourpoL.E.c.E..; and tm,.,-.-t. the w: ter courses of wit streets Le left free and unobstructed, said t ra 017 to Pe, laid upon a: good.f oun dation, c--,,gni w Pi the surface of the cordhed; and good and perAttnen t crossings shall . ' • . ,', made by the grantee aforesaid a t the in to- cationc of street:3 and •:-,.. t.: i0 1.sevd3 ere t:Therever Pe sane f-ahl :,e necessary, :A the discretion , nd. to lithe a c cep e :-." ''dg•- :„tree t sure rvi s o r.A.._ 'tie 5,A.t g'iy.1.1.-..,tany siltal any into Pie ,;i tz,,- 'F!reasury a t the, en te of 141-t--..austgustddlyg twol:ty-f i ye ( Ti dollars ..:e r onnuv, roe ea,ch t,ro.-I. every err I Us e dtti ts lie e c. 21.441,6,61// e,Act-coel Zez-sZ..--€:-.V /a•-td al-40174/ .a!,e c tier 3.--This franchise is granted for the period of rift: (do) years from. the date of the :3as sage of this ordirtar cc and is ac- .... , . . ce•_o ted on •the f oll owing conditions, viz: l'Ir,.t if the gra 1--ce,-,.., its, suc- k.1., jfcessors and as si r '',s sd-all fail to perform all the s firma ti on s of this il ..,re solu ti on, the Pity t!oun sel, t-f ter sixty days no tioe, on .railure on the part of said )!onpany to provide a remedy or malt:e satisfactory arrange- ,:r..•: nen ts therefor, nay ,;:.,7 a two-thirds vote, declare the :privileges herein granted forfeited, and proceed to tohe possession rir the roarthed. and control the st:me no if this resolution had not teen passed. That not—hing in this grant chili. Pe so construed as to orevent • or contractor Pelt T.,ake :,:ity a, itg authorised 3r..ge-ft Lb :from paving, sewering, laying cep; s or 'rater . ainfir4(111 e, 7-t pipes, al tering, repairing, or in any rianno r in- , proving any of tire streets nentioned herein, or any other streets cf1,--rz.id Air city, hut all such improvercents shall be 3yEa.de with ,.7'..S lit tie injurY.k0 ' possible to sa.:!.d railway and the operating -Thereof /. ( 1 gection 44 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 buve been or may hereafter be adopted by the gity Jouncil of said city, in re- lation to operating railroads, street railways or tramways in. said city. geetion 5. That It Take )itp shall in no way be liable or responsible for any accident or d-reahe that may occur in the const- ruction or operation of said railway by reason of the default or mis- conduct of the said grantee and its successors and assigns or of r • employees, end the acceptance of this grant shall be deemed an agree- ment on the part of the said grantee, for itself and its successors and assigns to save the said city harmless from and against all lia- bility, 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 operation of said railway, and to indemnify and repay said city for any loss, costs, expense or damage of any kind it .,may ststain by reason of any such default, misconduct, accident or injury; end if any judg- ment for damages for any such default, misconduct, accident or injury shall to recovered against the said city, the recovery thereof and the judgment therefor shall be final as between the city and the said grantee and its successors and assigns, end conclusive as to the lia- x°xX The said grantee also agrees to grade a roadway fifteen.. feet wide • outside of the rails on both sides of the track on-all streets where it extends new tracks for street car purposes. thirty (30) days after ti1e a,.ss,ge pc tins- cartrcrar ut .1..E not commenced. within sixty (60) days after said acceptance, or if work be not completed on at least five miles of said road within nine months after said acceptance, then this grant and_ franchise shall income n)t11 • and void, Section 44 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 me have been or may hereafter be adopted by the ,;ity ';ouncil of said city, in re- lation to operating railroads, street railways or tramways i.n said city. Section 5. That gait Take d;ity shall in no way he liable or responsible for any accident or damage that may occur in the const- ruction or operation of said railway by reason of the default or mis- conduct of the said grantee and its successors and assigns or their employees, and thhe acceptance of this grant shall he deemed an agree- ment on the part of the said grantee, for itself and its successors and assigns to save the said city harmless from and against all lia- bility, 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 operation of said railway, and to indemnify and repay said city for any lose, costs, expense or damage of any kind it may sustain by reason of any such, default, misconduct, accident or injury; and if any judg- ment for damages for any such default, misconduct, accident or injury shall "Le recovered against the said city, the recovery thereof and the judgment therefor shs,il he final as between the city and the said grantee and its successors and assigns, and conclusive as to the lia- bility of the latter to the forrser; provided, said grantee has had due notice of the pendency of the suit in which such judgment is re- q -t : covered and has been given an opportunity to defend the same. XXX section 6. That if this grant with the terms and conditions herein contained, be not accepted in writing fly said grantee within thirty (30) days after the passage of this resolution, or if 'fork be not commenced. within sixty (30) days after said acceptance, or if work be not completed on at least five miles of said -road withdr, nine months after said acceptance, then this grant and franchise shall become nta71 and void. jr) V Tti; • SECTION 7. This ordinance shall take effect upon approval. Passed by';the City Council of Salt lakeh syCi Y, Utah, Feb ar 1908, and referred to $. ��. .or Approved this e' day of Febxnxary, �1908 City Recorder . Mayor6 .. EHIR1cl-IS r } 22 2 1 Z4 ' SUB I j i __ L___ _ . i ST ELS , I W .. 1- . d sub IA 19 Q EA T? PF-.cF M` 1? W .t W MT. OLI VET `"� f 15 16 CEMETERY (j. COUSI.A`, vLnce 1 a1,,, ilk. fG1-u,7` 1, 1 ' PCl-jIN-ON'. T S 1'L.VAN I , .t- 2 I ! - z . PgFZK . 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