The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-10-02

through SdA0 Cit S1au not eACSeQ
eight miles per hour, and no train or
car shall be run on said railway without
locomotive engine attached thereto.
SeVenth.-Good and sufficient boxes
to convey the water shall be laid and
maintained in good condition at the ex-
pense of said railway company, at all
water bitches crossed by said railway,
so as to admit OF a free passage OF the
water.
Eighth.-If engines, trains or cars are
run at night, a red light shall be kept
in Il conspicuous place thereon and
white light shall be placed on the front
of such engine, car or train.
Ninth.-Ihat said railway company
shall place on said railway dummy pas
senger cars, with all necessary modern
improvements for the convenience and
comfort of passengers, which shall be
run thereon each and every day, both
ways, as often as the public convenience
may require, and under such regulations
as the City Council may from time
10 time prescribe.
Tenth-That said railway company
shall, whenever the City Council OF
said city may require it, after June 1st.
1897, pay to said city per capita tax of
i've mills Tor each ana every passenger
I1IIlGu
railway, or in lieu thereof, at the option
OF said City Council, said railway COM
pany agrees to haul, free OF charge, over
and on said railway, each way each and
every day, SUNDAYS excepted, from and
to such points on said railway, as said
city, by its officers, agents, or employees
may designate and require, not exceed
ing 200 tons of gravel per day; said city
to furnish not less than ten cars for
each train, and to load and unload the
same, also TO furnish the necessary
switches to connect with said railway
and TO have the right TO make con-
nection with said railway at any and
every point said city may de-
sire for the aforesaid purpose. The
payment by said railway company of
five mills for each and every passenger
carried on said dummy cars shall not
be demanded from said railway com
pany, its successors or assigns, as
herein provided, during the period said
city shall receive gravel as aforesaid,
and it shall be at the option of said city
to elect whether it shall demand and
receive from said railway company, the
five mills for each and every passenger
carried or the transportation of the
gravel In the quantities and according
to the terms herein specified; and
nothing herein shall be construed to
prevent said city from exercising said
option at pleasure, provided, however,
that said city shall not exercise its right
to demand and receive the FIVE mills for
each and every passenger carried on
said dummy cars, or the transportation
of the gravel according TO the terms
herein specified, for less period than
three months, and said city shall, from
time TO time, notify in writing said rail
way company, its successors and as
signs, OF the times or periods during
which it will demand or require the
payment OF the five mills for each
and every passenger carried on said
dummy cars or the tranSpOrta-
ton of the gravel as herein
before specified; and the return Of
the number OF passengers carried
on said dummy cars. shall De made, IN
der oath, by the president and secretary
of said railway company TO the Mayor
OF said city, within thirty days after the
expiration of the term OF three months
for which said railway company has
been notified it viii be required 10 pay
into the city treasury the five mills
for each and every passenger car
ried on said dummy cars, and payment
OF the amount due said city from said
railway company shall be made within
FIVE days after making the returns herein
specified.
EIeventh-Said city shall in no way be
liable or responsible for any accident or
damage that may occur on said railway
by reason OF the default or misconduct
Of said railway company or its employ
ees, and the said railway company COW
or1o r. NJ tn q OF
harmless from and against any liability,
loss, cost, expense or damage OF any ma
ture arising out of any default or miscon-
duct Of said railway company, 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 10 indemnify and repay
said city for any loss, costs, expense or
damage OF any kind 1t may sustain by
reason of any such default. misconduct,
accident or injury, and if any Judgment
for damages for any such default, mis-
conduct, accident or injury shall be re-
covered against said city, the recovery
thereof and the Judgment therefor shall
be final as between the said city and said
company, and conclusive as to the habii-
ity of the latter TO the former.
Twelfth The construction OF said
railway to commence within ninety
days after the signing of this agreement,
and said railway shall be completed
within nine months from said date
Thirteenth-The said railway conf
pany, its successors or assigns, hereby
binds itself tocomply with all the stipu-
lations hereof. That if the said grantee,
its successors and assigns, shall fail 10
keep and perform all the stipulations
of this agreement, the City Council,
after sixty days notice, and on failure
of the company 10 provide remedy, or
make satisfactory arfangeme :. 8 therefor
may, by two-thirds vote, declare this
agreement null and void, and proceed
to take possession of the road-bed and
control the same as if this agreement
had not been made.
In witness whereof, the Mayor of Salt
Lake City has hereunto set his hand and
caused the seal of said city TO be here
unto affixed. by order of the City Coun-
Gil Of said city, and the President of SAID
1.-The Salt Lake and Fort Douglas Rail
way Company has hereuntO set his
hand and caused the corporate seal OF
said company to be hereto affixed by
order of the Board of Directors of said
company. Done in duplicate the day
and year IN this agreement first above
written; attested by the Recorder Of
said city and by the Secretary of said
31I h. p @ursber resog,-eI. That rho