Show A resolution granting to utah light and railway company a 1 corporation its successors and assigns a franchise and right of way over certain streets ani I 1 highways 1 9 h in n bountiful u n ti eity city isa abai furtah D davis a v C county state t e 0 of f utah be it resolved by the mayor and city council of bountiful city county of davis state of utah as follows 0 sec 1 that the utah light and railway company a corporation its successors and as signz be and they are hereby granted a franchise to construct maintain and operate a single or double track street railway together with all the switches sile side tracks turnouts crossovers poles polea electric wire circuits and all the appliances necessary to be placed on the streets or highways 0 hereinafter designated provided that at no place on said streets or highways shall therece there be more than two tracks and such tracks shall be laid on such grades as are now or may hereafter be established by bountiful city see sec 2 the grant herein made is over the following streets or highways to wit be beginning a inning at the present south boundary of bountiful city and on the westerly side of highway no 2 which point is 80 rods north and 40 rods west more or leas jess from the southeast corner of section 30 township 2 north of ran range ge I 1 east salt lake meridian thence northeasterly along the west side of highway no 2 two thousand three hundred 2300 feet more or less to fourth east street thence north along the west side of fourth east street two thousand seven hundred 2700 feet more or less to the south side of first south street thence west along the south side of first south street two th thousand aal 1 I two hundred and fifty 2250 feet more or less to the east side of main alain street thence north along the east side of main street one thousand nine hundred 1900 feet more or less to the south side of fourth north street thence east cast along I 1 the e south ai side e of bf fourth north street four hundred eighty feet more or less holthe east side of north main street or highway no 1 thence north along 0 the east side of north main street three thousand six hundred feet more or less to the north limits of bountiful city the said railway tracks upon said streets shall be located as may be designated and determined by the city council prior to the beginning of the construction of said track sec 3 the said grant is hereby made on conditions that the said grantee its successors and assigns shall be begin in construction of its said track along alom said highway within 6 months from the passage of this resolution and at least one of the said tracks on sail street or highway t with the necessary switches and turnouts for convenient operation of same shall be completed on or before the 31 day of december 1913 the said tracks shall be provi provided Jed with what is known as span or cross construction requiring 0 a line of poles near the curb on each sido side of said street or highway or poles and bracket construction whichever may prove to be most satis factory the said grantee gran tec its successors successor and assigns shall keep and maintain in goo 0 good ld repair the space inside of its tracks and for a width of two feet on each side of the out sije side of same good and p permanent e ings shall be made and maintained by the said grantee at the intersection of its tracks with roads or highway and elsewhere along said tracks as the city council may from time to t time inie direct said grantee its successors or assigns shall also construct aal maintain over all water cours courses ses crossed by its track sliest substantial ancial flumes blumes boxes cu lverts or bridgi s of similar material as used by city and subject to the approval of the said city coune council 11 ana such water courses shall be kept free and unobstructed where the same pass underneath the said tracks assaid said granteer grant eee ece its successors and assigns ins i ns shall also comply with the directions of the sail city council in the construction and operation of the said railroad to the intent that tha such tsuch construction and operation shall not cause any unnecessary impediment to the common and ordinary use aae of said street or highway 0 for all other purposes and provided that sail grantee shall grade the road on the outside of its tracks subject to the approval of the city council wherever said track traverses the center of highway no 1 see 4 nothing in this grant shall be so construed as to prevent bountiful city or its authorized agents from grading se laying gas or water mains or pi pipes pes altering 0 repairing or in in any manner using 0 or improving 0 the street or highway mentioned herein but all such improvements shall be made with as little injury as to sail said street railroad and in the operation thereof see sec 5 it is further agreed that bountiful city shall in no way be liable or responsible for any accident or damage which may occur in the construction construe lion or operation of said railroad and the acceptance of this grant shall be deemed an agreement 0 on n the part of said grantee its successors and assigns to save the said bountiful city harmless from and discharged ot of all liability loss costs coats expense or damage of any nature arising out of any fault or misconduct of said grantee its successors tor r assigns or its employees empo or which may accrue by reason of any accad accident ent or injuries which may occur loss costs expense or damages of any kind it may sustain by reason of any misconduct ac accident e ident or injury an and I 1 if any judgment for any damage for any such fault misconduct accident ir injury shall be recovered against against t said bountiful city the recovery and an ju judgment agmen thereof ereo shall hall be final as between said eity city and the said grantee its successors and assigns sign s and conclusive as to the liability of the latter to the former provided pro viled that said grantee its successors and assigns have had notice in whitin writing of the of the suit in which sa said id judgment shall be recovered and has had a reasonable opportunity 44 y to defend or participate in defending 11 ll t the same see sec 6 the cars upon said railroad may be operated by electricity compressed air or other motive power or a combination ef 09 them other than steam 14 sec 7 fares for passengers charged by said grantee its successors and assigns may equal but shall hall not exceed the following amount between slain main street salt lake city and the north limits of bountiful city one way fare 20 cents with regular transfer privileges in salt lake jake city and with regular commutation rates as provided in sait sail lake city franchise one way fare to be reduced to 15 cents after the year 1922 providing that said regular commutation ani and transfer rates shall still obtain during the life of this franchise the fare within the present limits of bountiful city shall not exceed five cents the said grantee t its successors and assigns shall furnish passenger service upon said tracks in each at such times as will reasonably accommodate the travel thereon it being understood that at least ten round trips each day shall be made beleen salt lake city and bountiful and between first south street and fifth north street on main street or no 1 the speed of 0 f said carss cars shall liall not exceed twelve 12 miles per grantee shall be sib jec to lucli se sell further rules and regulations ln th operation of its cars as the city NINE coumeri cogbil W from froin time to timo time proscribe prescribe that au all ears cars shall stop upon signal for the taking on oa of passengers at each intersection alone said grant or right of way and such other places as the public convenience may require the said grantee its and assigns are also hereby granted the right privilege to each day upon the said line in cars suitable light freight suck as eggs poultry frai is vece tege tables milk and other like articles ft see S ee 8 the grantee its ita successors and assigns are hereby required and do agree to pay into the city treasury annually on or before december lat each year the sum of ten 1000 dollars each for the average number of passenger cars and five dollars each for the average number of freight cars operated upon its system within the city of bounri ful under this franchise such amount to be determined by the actual average number of motor ears eam so operated from january 1st ast to august of each year which shall be accepted as the average number of cars so used for the year the first payment to be lade tor for the year 1914 and annually thereafter during the term ot of this franchise provided that no payment ent shall be on aars palm i r us used i A excle exclusively si vely in inthe th e construction an arid d repairs of ef the granlees grantees gran tees or exclusively for haulin ap material for to U n tifilo V ty I 1 I 1 ali see 9 the rights and franchise 1 hereby granted are for the term ot ok fifty years from july 1905 ta july 1st ast 1955 and are accepted upon the conditions namely that if the said gra grantee e its successors and assigns shall fail to perform all of the stipulations of this ordinance the city council after 60 days written notice ani on failure on the part of said 1 grantee to c comply 0 amply with the terms cipf f this franchise may by a majority vote of the city council declare the privileges herein granted grante d forfeited and proceed to taked possession of the roadbed and control of the same as if this ordinance and franchise hai not been passed see sec 10 the rights and franchise hereby granted must be accepted by said grantee within 90 days from the passage of this resolution and work must be commenced within the time hereinbefore men tinned and at least a single track with the necessary passing tracks must be completed and in operation on the highways 0 herein named by the thirty first day of december 1913 otherwise this grant shall be forfeited by said grantee its successors and assigns as to all portions ofis of the said highway upon which w aich it has not constructed at least one track see sec 11 this ordinance is to take effect upon the acceptance thereof by the grantee within the time herein provided passed and approved this day of nov 1912 1 chas R mabey seal mayar jos kynaston recorder state of utah t Ss county of davis 1 1 I joseph kynaston recorder of bountiful city certify that the above and foregoing is a full true and correct copy of the franchise granted to utah light and railway compary company by city council of said bountiful city and approved by tile the mayor of said city on the 27 ih day of november to vember A D 1912 in witness whereof I 1 have hereunto sol set my hand and affixed the corporate c seal of said s a a city this ath day of january A D 1913 jos kynaston city recorder of B bountiful city seil |