The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-27
RESOLUTION : GRANTING Il A
lchise TO the Salt Lake City Railroad

D ana consent OF the city council, ana the
permission Is hereby granted IL, to con-
struct and operate by electric or COM
pressed air motive power. a ooubie-track
street railroad. together with all the ne
cessary switches and turn-outs for the
/ accommodation of said street railroad
upon the following streets OF this city,
| namely:
From the center of the intersection of
! Third street and ~ street TO the cen
| ter of the intersection of South Temple
1 street and u street, thence southerlv
and southwark along Thirteenth East
street TO the south boundary of the CITY
limits of Salt Lake City: also COM
mencing at the intersection of Ninth
South street and Seventh East street
south along Seventh East street to south
/ boundary of the city.
| Upon the following conditions, namely
| 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 afOre-
SAID, are hereby required to pave and
I Keep in good repair, with the same ma
teriai ana in the same manner as the
rest OF the street is or may be paved.
the space inside the tracks and two feet
i between double tracks where the same
| may be constructed: and also to use no
steam power unless the same be sta
uonary, on any part of the road for pro-
| pelling cars, unless permitted by the city
| council.
And the grantee aforesaid. its success
said railroad with all the necessary mod
ern improvements for the convenience
and comfort of passengers. which shall
pc run upon every part thereof EXCEPT
ing the portion between South Temple
and First South streets each and every
hour. both ways, or as often as the city
council may require. for a period of four
teen hours each day; Provided, That said
company shall run a car each way every
fifteen minutes between First South and
Fourth streets on Thirteenth East, but it
shall not be required to run any oftener
than fifteen minutes each way between
Third street and South Temple on u
street and between First South and Fifth
/ South streets on Thirteenth East street.
1t u rate or speed not exceeding twelve
miles per hour, and under such regula-
tons as the city council may from time
to time prescribe; provided that the
grantee aforesaid shall comply with the
directions of the city council in the con-
struction of said railroad and its switches
and turn-outS 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 street
unless otherwise directed by the city
council and in such manner as shall be
approved by the street supervisor the
track to be laid and the road operated
so as to cause no impeachment to the com
mon and ordinary use of said street for
all purposes, and that the water courses
OF said streets be left free and unobstruct-
ed; said tracks to be laid upon a good
foundation, even with the surface of the
roadway, and whenever the streets shall
be paved. suitable rails shall be used on
such streets. and that good and Derma-
nent crossings shall be made and main
tanned in good condition by the grantee
aforesaid, at the intersections of streets
and elsewhere whenever the same shall
be necessary, at the discretion of the
city council, and under the direction and
TO the acceptance of the street super
visor. The price of a single passage. shall
not exceed five cents. and no charge shall
be made in excess thereof.
The said grantee shall pay into the
city treasury. annually, a license tax of
thirty-five dollars per car for the aver
age number of cars operated upon this
line. but otherwise said company shall
not be liable to any per capita tax or
other license.
Sec. 2 That this franchise is granted
for term of forty-five years from the
date of the passage of this resolution
and accepted on the following conditions
namely; That for any reason the said
grantee. its successors or assigns. fails
or refuses to conform to any of the Dro-
visions of this franchise. then said fran
chise may be revoked by a resolution OF
the city council passed by an affirmative
vote of a majority of all the members
thereof; and upon the passage of such
resolution as aforesaid said franchise
shall at once become null and void and
the city shall thereupon have the alb
Solute right to enter the streets of said
city and take possession and remove
therefrom. all poles. wires. tracks and
other appliances Herewith connected,
belonging to said grantee. and at its ex-
pense.
And the said grantee hereby valves and
relinquishes any and all claim or claims
for damages against said city and any
of its officers, agents, servants or en-
ployees for or on account of such entry
or removal.
Sec. s. That nothing in this grant shall
be so construed as TO prevent Salt Lake
City. or its authorized agents. from paw
ing, sewering, laying gas or water mains
or pipes. altering, repairing 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
practicable TO said railway and the OPP
Grating thereof.
Sec. 4. That in the construction and OPP
Grafton of said railway the said grantee.
and its successors and assigns, shall at
all times conform to such ordinances,
rules and regulations as have been, or
may hereafter be adopted by the city
council of said city. in relation to oDer-
ating railroads. street railways or tram
ways in said city. and for each violation
thereof they shall be liable TO a fine in
any sum not exceeding one hundred dol
lars.
That whenever the city council shall
find 1t necessary or desirable to grant to
any other street railroad company q
franchise over any of the streets herein
to secure to such other company a
connection with some important center
or terminus. the grantee herein shall al
tracks to such other company upon such
other company making equitable payment
for constructing, maintaining and operat-
ing the portion of said grantees tracks
so used.
Sec. 5. That Salt Lake City shall in no
way be liable or responsible for any acct
dent or damage that may occur in the
construction or operation of said railway
by reason of the default or misconduct of
the grantee, or its successors or assigns,
or their employees; and the acceptance of
h inf hall
on the part of said grantee, for itself and
its successors or assigns, to save said city
harmless from and against all liability,
loss, costs, expense or damage of any
nature arising out of any such default or
or which may accrue by rea-
son of any accident or injury which may
occur in or by reason of the construction |
or operation of said railway. and to in
demnify and pay said city for any loss |
costs, expense or damage of any kind
II may sustain by reason of any such
default, misconduct. accident or injury
that shall be recovered against said CITY, |
the recovery thereof and the Judgment
therefor shall be final as between the said |
city and the said grantee, and its sue
cessors and assigns. and conclusive as the
liability of the latter to the former.
The grantee shall be liable for all acct |
dents to people or injury to property |
whether of the city or private parties in |
the construction and operation of its said |
occasioned by its misconduct. |
negligence or default, and particularly in |
the use of electricity thereon, and the |
said company shall at all times be re-
quired to use such reasonable and ap-
proved methods as are then in successful i
use by cities of approximately the same |
size as Salt Lake City, and as shall at any |
time be requested by the city council or |
ten of the public and its property against |
injury caused by the use of electricity as /
motive power; and if deemed necessary by |
the said city council or board of public /
shall have