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89 of 1902 - Ordinance 89 of 1902 – Franchise, Salt Lake and Suburban Railway Company. osteemirataail !Jl� c ct GRANTING A FRANCHISE TO IHE SALT LAKE AND SUBURBAN RAILWAY COMPANY. -o- Franchise to Salt Lake and. Suburban Railway Company for Twenty Yearn, Ueee-4....ezete Be t Resolved by the City Council of Salt Lake City c,(% That the Salt Lake and Suburban Railway Company, its successors and assigns have the authority and consent of the city council, and the permission is hereby granted it, to construct and operate by eleotrio,or compressed air motive power a, double track street railroad, together with a. l the necessary switches and turnouts for the accommodation of _x yafiLeze) ,o said road, n the following streets of said oity,namely: ` From the intersection of First South and Second East Streets, thence south on Second East Street to Ninth South street, thence east on Ninth South street to Third East Street, thence south on Third East street to city limits. On the following cdnditions,viz: Such track or tracks to be laid on such grades as are now or may hereafter be established by the city council. In consideration of this franchise the grantee, its successors and. assigns afcreSaid, are hereby required/,to keep in good repair with the same material, and in the manner as the rest of the street is, or may be,, paved, lthe space inside the tracks, and a space two feetAeach side of the sass including all spaces between double tracks „here the same may be,constructed; and also to use no steam power unlass the same be stationery, on any part of the road for propel- �Q.��R -.f xeey ing oars, unless^permitted by the city council. And the grantee afore- said shall place cars upon said railroad with all necessary modern im- w,c-ee.-ae-Les q provementa for the convenience and comfort of passengers which^ zatl be run thereon each and every day, both ways, as often as emthe public eon-, GL...-.vim V' (mil',.114.an X 1 I venienoe may require and at la rate of speed not exceeding twelve miles per hour, and under such regulations as the city council may from time -2- to time prescribe; provide4 that the grantee aforesaid shall comply with the directions of the pity council in the construction of the said railroad, and its switches and turnouts, and in any other matter connected. with the regulation of the same, and that the track or tracks shall be constructed in the center of the streets, unless otherwise directed. by the city council, and in such a manner as shall be approved cz by the street supervisorAlthe traot(to be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said. streets for all purposes, and that the water courses of said streets be left free and Unobstructed ; said track to be said upon a good foundation even with the surface of the roadway, and whenever streets shall be paved flat rails shall be used on such streets; and that good and permanent crossings shall be made by the grantee afore- said at the intersection of streets and elsewhere, wherever the same shall be necessary, at the discretion of the city council, and under a c y_t. ., the direction and lo the d:eptanee of the street supervisor The lie-�h price of a single passag9 hall not exceed five cents, and no charge shall be made in excess th$reof. Express rates shall be equitable and uniform. Opg**,xx#i. Said company shall pay into the pity treasury one per ,, cent. of its gross earninge each and every year, but otherwis company shall not be liable to any per capita tax whatever�{� / _ Section 2. That this franchise is granted for the term of twenty years froji the date of the passage of this resolution, and accented on the following conditions, viz: That if the grantee, its Lh awn.,k v IY1— successors and assigns, shall fail to ^all the stipulations -- -� hV of this resolutions the city council after sixty days' notice, and on failure on the part of said company to provide a remedy or make satis- factory arrangements therefor, may, by a taw two-thirds vote declare the privileges herein granted forfeited, and proceed to take possession of the road bed and control the same as if this resolution had not been passed. r'v, -3- Section 3., That nething in this grant shall be so con- strued as to prevent Salt Lake City, or its authorized agents, from paving, severing, laying gals or water mains or pipes, altering, repair- ing or in any manner improving any of the streets mentioned herein, or any other streets of said city, but all such improvements shall be made with as little injury As neactiCable to said railway and the operating thereof. ! Section 4. That in the construction and operation of said railway, the said # rey and its successors and assigns, shall at all times conform to ouch Ordinances, rules and regulations as have been or may hereafter be adopted by the city council uncil of said city in r, relation to operatingArailshoads, street railways or tramways in said city, and for each violation thereof they shall be liable to a fine wa, u-,. ._ ni-g ,,_ _ _ That whenever the city council shall find itlnecessary or desirable to grant to any other street r&ilroad. company a i;`ranohise over any of the streets4tierein, grftntet, to secure to suchlother company a connection with any im- portant center or terminus, the grantee herein shall allow running arrangements/over grantee's$ tracks/to such other company upon such other company making equitable payment for constructing, maintaining and. operating the portion of said grantee's tracks so used. Section 5. That Salt Lake City shall in no way be liable or responsible for any accident or damage that may occur in the con- struction or operation of Said railway by reason of the default dtt r o misconductAof the grantee 3ssd its successors *me assigns or their employee, and the aeceptanbe of this grant shall be deemed an agree- ' i(a ment on the part of said grantee, for itself and tst successors and assigns, to save the said city harmless from and against/tall liability, loss, costs, expense or damage of any $*ture arising out of any such rry default) 67 misconduct or Which may accrue by reason of any accident or injury which may occur in or by reason of the construction or • j,J -4- operation of said railway, and to indemnify and repay 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; and if any judgment for damages for any such default, misconduct, accident or injury :shall be recovered against said city, the recovery thereof and the judgment therefor shall be final as between the safe city and the said grantee and its successors and assigns, and conclusive as to the liability of the latter to the former; provided said grantee has had notioe of the pendency Of the suit in which said judgment is re- Jeer,-ei covered, and • ' been given an opportunity to defend the same. Section 6. That if this grant, with the terms and conditions therein contained, be not adcepted in writing by said grantee within sixty days after the pas sage of this resolution, or if work be not commenced within ninety day and the road completed and in operation within one year after said acceptance, then this grant shall become null and void„ n ..�JeC.�..�' .r ..,,, „d/ i„' ., �r— . y,-c--G.'s 't—k..`r�?-r—.,,,::„ � � --e`te . � =F r xstoots,, ,err M1 � . V � W ,� '�e'''' ..r'','r � 1_,_ '' i gyp ✓,(x ry _ I / r f hc'ore nFI I /, ,II, ,. pie,: Atli! (cF,%, Cr re"i 6'Y1r, 4i1 the nryor -1,:.r it-' r,ppr v/.I.. Approve,' 'Lh f Zriny of G rli it .t, I r,b . / I 'I yar; _i 89 Presented to the City Council, ` A U G 11/1902 O, .,,Tv RECO!?[IER.