The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-11-03

carry passengers and freight for hire, and
for this purpose has applied TO SAID city
for right of way over and along its streets
and highways and for the privilege OF lay
ing tracks and running cars thereon, ana
the said city has granted said application
for period of twenty years 20 said rail-
way company on the terms and conditions
following, to-Wit:
First-ln consideration of the covenants
and agreements made by the said railway
company, and hereinafter contained, said
C ty has granted, given and extended, and
by these presents does grant, give and eX-
tend unto the said railway company
right of way and transit, and right to
build, own maintain and operate two or
three rallied steam railway with power to
move cars thereon from point connecting
with the tracks of the Salt Lake Il Fort
Douglas Railway company, at the inter
section OI North Temple street and Fourth
West street, north along said Fourth West
street, on the west side of the Oregon
| Short Line and Utah & Northern railway
to Fifth North street, thence in north
westerly direction to Ninth North street,
at point Immediately west of the right OF
way of said Oregon Short Line and Utah
| a Northern railway, across the interven-
| ing streets of said city, and thence west on
said Ninth North street to the west bank
| OF the Jordan river,
IN consluerauou whereof, the said rail
way company has agreed for itself, its sue
cessors and assigns, and by these presents
does agree for itself, it's successors and
assigns:
| Flrst-That all tracks laid by this com
pany on streets occupied by the Oregon
Short Line 81 Utah and Northern railway
shall be laid at proper distance from and
parallel with the tracks OF said last named
railway; and on Ninth North street said
track shall run in the center Of the street,
but the said Utah Western railway com
pany shall have right to make necessary
curves to connect with said Oregon Short
Line & Utah and Northern railway and
with the Rio Grande Western railway, but
no tracks shall be laid upon any sidewalk,
except where it necessarily crosses the
san e.
Second-That said railway company's
tracks shall be laid upon and conform to
the established grade of the street upon
which they run, and if such grade is after
wards changed by order of the city council
said railway company shall, at its own ex-
pense change its track to conform to the
same and shall keep the road ballasted
with gravel to within 213 inches of the top
OF the rolls.
Inlru-Ihat the said railway company
shall gravel and maintain in good condi-
ton, at the established grade, the streets
along which its track runs, for distance
of thirty 500 feet on each side of said rail
way track, where there is no other railway
on said street, and thirty (30) feet on the
outer side of the track where there is
another railway on the street, subject to
the approval of the supervisor of streets
said improvements to be made within one
wear after the date Of this agreement
Fourth-That said track shall, without
cost to said city, be kept and maintained
in good condition and repair along its en-
, tire length, and the whole space between
the rails and two feet on each side thereof
shall be kept paved or ballasted Of the
same material as the street traversed, and
made to conform to the established grade
thereof Said railway company shall put
in and maintain, to the acceptance of the
supervisor of streets, stone or plank cross
ings between the rails and one foot on the
outside of the rails, for the entire width OF
each and every street crossed by it, anG
the top surface of said stone or planks
shall be on a level with the top of the rails
Fifth-That the said track shall be laiC
and the road operated so as to cause no un
necessary impediment to the common ant
Ordinary use of the streets on which it j:
laid. And the said railway company shall
comply with the direction of the city in tn,
construction OF its line, and in the opera
ton OF the same within the limits of salt
CITY, when it does not interfere with tn
points of special agreement as herein Sc
fol- tn.
Sixth-Tha rate of speed at which trains
engines or cars shall be run through SAT-
CITY shall not exceed twelve miles per hour
and no train or car shall be run on salt
railway without a locomotive engine at
b tached thereto.
e Seventh-Good and sufficient conduits t
convey the water shall be laid and main
,. tanned in good condition at the expense OIL
said railway company at all water dltche
crossed by said railway company, so as T.
admit of a free passage of the water.
q Ejghth-If engines, trains or cars ar
run at night, red light shall be kept in
conspicuous place thereon and standar
head light shall be placed on the front o.
J. such engine, car or train.
= Ninth-That said railway company shal
place on said railway passenger cars wit
all necessary modern improvements for tn
convenience and comfort of passengers
which shall be run thereon, each and ever
It day. both WAYS, as often as the public con
yenience may require, and under sue
reasonable regulations as the city counc
:. NAV from time to time prescribe.
y Tenth-Said city shall in no way be liabl
or responsible for any accident or dalnag
that NAV occur on said railway by reaso
q of the default or misconduct of said raj
,s Way company or its employees, and the sal
- railway company for itself, its successor
o and assigns covenants and agrees to say
the said city harmless from and against an
liability, loss, cost, expense or damage
any nature arising out 'of any default
misconduct of said railway company, o
y which NAV accrue by reason OF any ace
u dent or injury which may occur IN or b
reason of the construction or operation {
; said sailway, and to indemnify and repa
the said city for any loss, costs. expens
or damage Of any kind it may sustain b
reason of any such default. miscondue
accident, or injury, and if any Judgment ft
damages for any such default, misconduc
accident or injury, shall be recovere
AGAINST the said city, the recovery theret
and the Judgment therefor shall be final {
between the said city and said compan.
and conclusive as to the liability OF the la
ter to the former.
Eieventh-The construction OF said RAJ
wav to commence within ninety Ola!
after the signing Of this agreement and
comnleted within six months from sa
date. .
rwelfth-The said railway company, l
successors and assigns, hereby binds ltse
to comply with all the stipulations hereo
That if the said grantee, its successors al
assigns. shall fail to keep and perform {
the calculations of this agreement, the CT
eonncil. after sixty days notice, and
70 failure of the company to provide a reme
n or make satisfactory arrangements thel
rs for. NAV declare this agreement null a
% TaEa nOaGpSglOn OF 4