The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-21
TEE sAL

the motion of plaintiff, that an Injunction
issue in this cause, ana the offer OF the
said defendant to show cause why the same
should not be issued upon the demurrers OF
the defendants to the complaints on Tile
herein. and the court having heard the
whole matter as presented by the respec-
tive parties took the same under advise
ment; and now on this 18th day of Septem
Der, 1890, the court, having heard all and
singular the premises, and being fully ad-
vlsed, renders its Judgment that the appli-
cation for injunction is denied and the res
training order is dissolved and thereupon
plaintiff dismissed his complaint without
prejudice, by consent of the respective
parties.
done in open court this 10th day of Sep
TENDER, 1902
The members of the council then finding
no obstructions before them, In accordance
with the decision of Judge Miner, unani-
mously adopted the following ordinance:
AN ORDINANCE.
Granting permission to II. H Henderson, A. S.
Garretson and Joseph Brinker, TO construct
an electric railway over the streets OF Ogden
City.
Be IL ordained by the City Council of Ogden
City, Utah:
That there is granted to T. II. Henderson. A.
). Garretson and Joseph Brinaer their success
sors ana assigns, permission TO construct, main
tain and operate a single or double-track cleo
trio street railway, with necessary switches, as
the city may designate, upon all the streets Of
Ogden City. upon the following terms and con-
dltionS:
Work shall be commenced in good faith
within ninety days herefrom and continuously
prosecuted with reasonable diligence, and at
least ten miles of line shall be operated in good
faith portions all Of said streets, on or be-
fore January Isl, 1882. The construction shall
be workmaalike and solid, and the operating
shall be trst-claSs.
2-All tracks shall be lai 50 as to conform
with the grades of the streets at the time, and
Shall be aneted so as To conform to such
I'll lngeS OF erase a the city council may flom
time 10 time MAKE, and at tie lime made.
3-They shall keep IN cool repair the space
be " cen he rails, and at lie ist one foot on the
outs de or each rail, 50 as 10. to interfere with
the streets for publlu and II r CURED, Shall
pave such space a-d si1 portions with III :
same material as ihAt Of hit h the rect is
composed Ii shall also be required TO grade
between its own dtub!e tracks
Cars shall he run oNet The whole of such
line, CT lines, as oiten as patlic necessity may
require and as often as nee day over the
whole length OF each line (un:ess prevented by
HOODS or snow or any otnUr unagold1b acct
den 50.
5-The fare Of transportation Shall not exceed
cents for continuous ride o:er the sy.tem
6-The CITY reserves the right TO regulate and
control The spe ed thereof.
THE right hereby conferred shall expire on
Septepbsr l, 1875. and be terminated on that
e.
herein set out
S-The poles shall be placed under existing
regulations, and at such places as the city coun
Gil shall designate
ga duplicate power of ample capacity shall
be in condition for use, on or before April l.,
1892
l0-Said grantees shall construct culverts in
such manner and at such points upon its lines,
as the city council shall from time to time re-
Quire and designate
1.-THE said city council hereby reserves the
right to pass any ordinances with reference to
the operation OF said street railway which the
of the passengers upon such railway may re-
quire; reservlng, also, police and legislative
powers and functions with respect to the streets
and avenues as may be used and occupied by
said railway
12-The grantees shall not be entitled to any
rights or privileges under this ordinance unless
a good and sufficient bond in the sum of So, Coz
De executed on their behalf to Ogden city, con-
ditioned for the commencement of work here
| under in good faith within ninety days from the
passage hereof. Such bond shall be delivered
before work shall be commenced.
13-In accepting the rights hereby conferred,
the grantees, their assigns and successors,
agree that any of their tracks on Washington
avenue from Twenty-slxth street north to Ogden
river; Twenty-fourth and Twenty-fifth streets
west of Adams avanue TO Wall avenue, and on
| Wall avenue, may be used for transportation
purposes and passage of cars of other street
railway companies, at any time, upon proper
/
terms.
l4-Flat rails only shall be used on paved
streets.
15-Said h H. Henderson, A. S. Garretsor
and Joseph Brinker shall, within thirty days
from the date OF the passage hereof accept the
same in writing. and said acceptance shall
within the time aforesaid, be filed by them with
the city recorder.
In an interview with Mr.. Henderson yes
terday, he stated to HERALD reporter that
work would begin in earnest inside OF
thirty DAYS.
An immense power dam will be built al
! the mouth of the Ogden canon, powe,
house will be erected and supplied with the
latest dynamos and other appliances which
will furnish the necessary power to run the
cars. Tracks will be laid in all parts of the
city where they will not conflict with the
Ogden City railway, and line vii! run
| from the city to the hot springs.
The new road will be tirst-class in every
particular