The Spanish Fork press. [volume] (Spanish Fork, Utah) 1902-current, 1910-10-06


the construction and operation Of a railroad,
including poles aid wires. through and upon
the streets OF spanish FORK City, Utah.
BE IL ordained by the City Council OF spanish
Fork City:
Section THAT a. J. Evans. s. L. Chip
man, w L. Hayes, J y kecler. d. X Boebe
W. II. Brewerton, Arthur N. Taylor, J u. Dix
on, II; T. Reynolds, John Jones, James S
McBeth J y. Page. Jr. Geo. A. Hone and
assigns have th5 authority and consenr OF
Spanish Fork City, and franchise and right
of-way Is hereby granted them 70 construct,
operate and maintain single or double track
railroad, with all the necessary switches yves
turn-outs, side tracks and other accessories
for the transportation OF passengers. freight
express and mail car, and to erect and m ain
tun o lire OF poles or two lines OF poles when
necessary, aud maintain thereon telephone,
telegraph, trolley, power and other electrical
transmission wires for the accommodation OF
said railroad as q continuous line through said
CITY, upon such streets and parts OF streets as
may be selected by said grantees, or their
successors OF assigns within twelve months
after the passage OF this ordinance, which
said selection shall be made In writing and
nled with The city recorder Provided that
nothing In this grant shall In any manner be
construed as granting franchise to said
grantees their su cessors or assigns, to in any
manner use or DISPOSE OF electric power for
any purpose within the corporate limits OF
Spanish Fork city, Utah except for the con-
structiOn, general operation and general main
thlnpnce OF said railroad.
Provided further that nothing herein con.
tanned snail be construed as granting To said
grantees, their successors or assigns any depot
privileges In or upon any OF the streets. alleys
or public highways OF said Spanish Fork Guy
and provided further that no freight, express
or mail cars operated by the grantees herein,
their successors or assigns be loaded or un-
loaded on any OF the streets, alleys, or public
highways OF said spanish Fork City except ny
the permission Of the City Council or its
authorized Agents.
In consideration OF this grant and franch Sc
the said gran oes. their successors and assigns
hereby agree to use n rails in the construction
~ ffli 10 .nn-
structed or operated upon paved streets are
hereby required to keep In good repair and
pave with brick or stone, or other good mater
ial to DO mutually agreed upon the space inside
the track or tracks aud "a space Two feet widu
on each side OF the same. Including all spaces
between double tracks where the same are
constructed. steam shall not be used as "A
motive power la the operation OF said railroad
except In the construction thereof, and for
thereon, ana for the clearance OF said rallroad
from any obstruction whatever. whenever
electric or other motive power shall be inadc-
Vu,te anu unequal to the Occnsion.
And the grantees. their SUCCESSORS and as
signs shall operate cars upon said railroad
with all necessary and modern improvements
Tor the convenience, comfort ana safety OF
passengers, which cars shall be run thereon
each and every day both ways aud ut n seine
que rate or not exceeding twelve miles per
nour thn The settled potion OF said city.
Provided that the track or TRACKS ,hall be cUn-
strueted IN upprlximat ly lie ,eiter of The
street. unless oLnerwise ordered by the Iy
Council. ana IN such "a fnanner as sh AL be a -
proved by the city Council the Or lex or trau
10 be laid and the road optr.t, d so MS to
cause no unnecessary impeachment To the COM
mon ana ordinary use OF said streets for ali
purposes. ana that the water course OF said
streets shall be left free and unrestricted.
Good and sufficient boxes shall DO laid AMI
maintained In good condition by grantees their
SUCCESSORS and assigns, In all the water dit hes
crossed by said track or tracks " TO al.
nit OF the free How OF said water, said tracks
shnll be laid aud maintained even with the
surface OF the street upon wnicn they are laid,
aud good permanent crossings shall be made
ahu maintained by the grantees, their success
essors aud assigns, NJ the Intersections of
streets. ana elsewhere wherever necessary. AT
the discretion and under tie direction and TO
the ucce ptaace OF the City Council.
Section. The priceof sing o fare one way: for
each passenger shall not exceed Ave tents
wiIhin ms area b)uneOel Wy the city hmi OF
spanish Fork Cityas NOW or Us may herea:te
te est I'D ished.
Section .. That this franchise be- and the
same is hereby granie | tor tho Ger of out
hundred years from and after the date OF the
passage, approval and iirst puo.ic alton OF this
ordinance
be so construed NJ To prevent ~pinish Fork
tity. or It's authorized agents from paving,
seweriug laying gas or w.lter mains pipes
altering or repairing or IN any manner improy-
ing any OF the streets ussd Ia pur>u lncc OF lis
fran hise, hut all such i'm ,roveinonts ,ht -
made with lille INJURY as practicable 10 ,aid
railroad or the operation tlule y, All IA,
after reason no % a0sfie n)t ey SO li.ix Ii ~
days TO said Rr.lnteasi. th:r susaese,,sa q -
said city during The Prosecution OF tn " rk
NJ said lm pr0vtment
Section o. That In The oonsliu c,ol amid
operation Of said railroad, the sala ~ .utees
their successors or assigns shall ~ all tunes
conform to such reason Abe ordinances rule,
and regulations rs may bs iopt.d by The ity
Council OF said city IN re,ati Into c1ISGrd ring
and operating railrDsds. ~
SEXTON . THAT Spanish FORK city shall ia
no way be liable or rcspon dolo los AN, a,ci-
dent or dam Ase that may o.cur ia to- eou
serueAtoa or OPERATION OF Hnkd tAIlru "a Nv
reason q ths defaa OF n,sscsau., OF said
grantees, their successprs OF assign OF tuair
emp oyeesi ana the accepLiuce Of This grant
shall he dc ined an isreamenl "a the part of
said grantees, their Su ,crs sJra and JSsig.iS 10
hold Said ci,y harmless from aud against any
ana all liability, loss. COSTS, expense, or dam
age for any canse arising Ont OF any such
default or misconduct or which may a i,e By
reason Of an accident or injury which may
occur. IN or by reason OF the construslIpu or
operation uf said railroad and 10 indrin, ify
and repay said city for any loss cost. expense
or damage OF any sind IL N ~ ~ stain b RI " II
ui any such default. misconduct, accid ,nt or
iulury. aud II any judgement for dam &c tor
any suih default misconduct accident, o. III
jury shall lie recov, red against said city, the
recovery thereof snail be final as between said
city and the spid grantees. their successors or
assigns and conclusive as TO the liability OF tho
latter Ia the former, proxided however, that
The said grantees. their successors and assigns
shall have had notice in wr! tiny OF The pend,n "
of surh action In time TO appear and answer
the same, aud an opportunity afforded them by
said city To Join In the defence thereof
Section !. That II This grant with The terms
and conditions herein contained b. not
accepted in writing by said grantees within
thirty days after the notice oi the passage OF
This ordinance, or II the preliminary survey of
said iairuad br not commenced within six
months amer the passage of this ordinance. or
II the construction Of ut least one track of said
railroad be not completed through the city
within three Years after the acceptance Of III :
ordinance. then this grant and franchise shall
become null and void; provided, however, that
said grant shall not be forfeited for the causes
above set forth, or for any reason whatever. II
the said grantees. their SUCCESSORS and assigns
without their fault. shall have prevented hin
drrcd or delayed in tie performance of Snld
conditions. or any OF them Oy the act OF tiod
ar the ope alton OF law, strikes or other causes
beyond their control
Passed hy the titv Council OF Spanish Fork
City, Utah. this Both day OF August 1910
w. \ JONES. Mayor Of spnniShFork City, Utah
JAMES NIELSEN. City Recorder
OF Spanish Fork city, Utah.
state OF Utah, County OF Utah Spansh Fork
City.-sS.
/. James Nielsen, city Recorder In and for
spanish Fork civ, Utah County State OF Utah
do hereby certify that The above and forcgo-
lux lisa full true and correct copy OF an Ord-
nance entitled. An ordnance granting per
mission TO a. j Evans. ) /. Chapman, W l.
Hayes j. Is kee'er, ID x B"cOe. W II
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