The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-06

Tenth-That the provisions of the
| tenth article of Resolution granting
franchise to, and authorizing the
Mayor and Recorder of Salt Lake CITY
TO sign contract with the Salt Lake &
Fort Douglas Railway Company
adopted September 23d, 1884, shall also
be applicable to this franchise and con-
sidered as part hereof; Provided. that
the amount of gravel required to be
hauled over this road shall not exceed
| fifty tons per day, or in the aggregate
seventeen thousand tons per annum,
and the gravel mentioned therein to be
hauled by said railway company for
said city, Or part thereof, shall. when
directed by the proper officers or agents
OF said city, be transported by said rail-
way company over and along the whole
or any part of said railway company's
line on said Fourth West Street, free of
charge to said city, and delivered at
such point, on the line of said road, as
It's officers or agents may direct.
Eleventh-Said city shall in no way
be liable or responsible for any accident
or damage that may occur on said rail
way by reason of the default or miscon-
duct of said railway company or its en-
ployees, and the said railway company
for Itself, its successors and assigns Gov
enants and agrees to save the said city
harmless from and against any liabii-
ity, loss, cost, expense or damage OF any
nature arising out of any default or mis-
conduct of said railway company, or
which may accrue by reason of any &C
cident or injury which may occur in or
by reason of the construction or opera
ton of said railway, and to 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, &C
cident or injury, and if any judg-
ment for damages for any such de-
fault, misconduct, accident or injury
shall be recovered against said city, the
recovery thereof and the judgment
therefor shall be final as between the
said city and said company, and conclu-
slve as to the liability of the latter to the
former.
Twelfth-The construction of said
railway to commence within sixty days
after the signing of this agreement, and
said railway shall be completed within
ninety days from said date.
Thirteenth-The said railway COM
pany. its successors and assigns,
ACAOpy JULIUS 1LSc1l W COuply WIFI 8ll
the stipulations hereof. That if the
said grantee, its successors and assigns,
shall fail to keep and perform all the
stipulations of this agreement, the City
Council, after sixty days notice, and
on failure of the company to provide
remedy, or make satisfactory arrange.
ments therefor, may declare this agree.
ment null and void, and proceed to take
possession of the road-bed and remove
or control the same, as if this agree
ment had not been made.
Fourteenth-That in the construction
and operation of said railway, the said
party of the second part and its success
sors and assigns shall at all times con-
form to all ordinances, rules and regu-
lations that have been or may hereafter
be adopted by the City Council of said
city In relation to operating railroads. |
and to all other ordinances, rules and |
regulations applicable thereto. And |
the right of the City Council of said
city to alter and amend the conditions |
and provisions of this franchise, when
ever in its judgment the public good |
may require such changes or amend |
ments, is hereby expressly reserved.
In witness whereof, the Mayor of |
Salt Lake City has hereunto set his
hand and caused the seal of said city to }