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Show " XiiEsoLtrrioN' " 1RANTIMU A FIJANCillSK TO THE I Halt Lake city Kallroa I company. Section I. He it resolved by the city council nf Salt Lake City: That the Hail Lake City Kullroad Company. Com-pany. ' Us successors and assluus. have the authority and consent of the city council, and the pcnuisslon Is hereby granted it. tocon-struel tocon-struel Hud opeiali by electric or cable motive lower. a Hiiu'io or double track street rall-roal, rall-roal, together with all the necessary switches for the accommodation of said road, on the followlui; streets 01 said city, namely; First C-ouiuieuclufc at Hie intersection of , First S.uith stiwt and Klkhth West street, thetice south alonii F.tirhth West street to the intersection of Me, on. I n.mlh street. riecond -Commencing at the intersection of Fuurth Fast street uu.t Ninth South street, thet.ee south upon so much of Fourth Kat street as has In en dedicated to piA. lie use for a street, to 1 he south boundary of Tenth South or K. .per street 'u the following conditions, viz. r Such track or tracks to be laid on surh grades as are now or may hereafter be established estab-lished by the clly council. In consideration of this franchise, ttte grantee, t successors and a.l-iis aforesaid, are hereby required lo keep in oo.l repair ith the same maietlal and In the same manner as the rer-t of the street Is or may he paed. the spa. e Inside the track-., and a space two reet each side of the same. Ini bid Inn all spaces lietMeen double tra ks where I he same may be constructed, and also to use 110 steam Hwer unless the same bestatlonary, on any part of the road for propelliiiK cars, unless permitted by the city council. And tae Kiautee aloreeaid sliall place cars upon said railroad with all necessary modern Iiiiroe-tueiit Iiiiroe-tueiit lor the .-onveultMice'and comfort of pas-seuKera, pas-seuKera, which shall berunlheieon each and eei y day Is.th ways, as olieti as the public romcnieuce u.ay reimtre, atul at. a rate of i!eed n.it cucecdlm; tele miles rt hour, an. 1 iiiuler sii.li r. 'filiation as the city council mar from titno to time prescribe: Provided that the xrantee aforesaid shall comply with the direction of the city council in the construction con-struction of the said railroad, and in any other matter connected with the regulation of the same, and that the track or tracks shall lie constructed In the center of the streets, unless otherwise directed by theclty council, au.l In such a manner a shall be approved by the street supervisor, the track to be laid and the road onei ated so as to cause no unnecessary impediment to the common 11ml ordinary use of said streets for all purposes, and that t tie watercourse of said streets be left fiee and unobstructed, sai.l track to be laid upon a g.s..l foundation, even with the surface ot the roadway, ami w henever streets shall be paved fiat rails shall le used on such streets and nood and permanent crossincs shall be made by the grantee aforesaid at. the intersection of streets and elsewhere wherever tho same shall be necessary, nt the discretion of the city council and under the direction and to tho acceptance ac-ceptance of t he street, supervisor. The price of a aluitle passage shall not exceed live rents and nncharue shall he made In excess thereof; said company shall pay Into the city treasury a per capita tax of 1 '4 mills for each mid every fare collected. Sec. 9. That the franchise Is granted for the term of twenty yaars from the dale of the passage or this resolution, and accepted on the following conditions, viz.: That If the grantee, its successors and assigns, as-signs, shall fail to perform all the stipulations ot tills resolution, the city council, after sixty days notice, ami on failure on the part of salil company to provide a remedy or make satisfactory satis-factory arrangements therefor, may, by a two-thirds two-thirds vole, declare trie privileges herein granted forfeited, and proceed to take possession posses-sion of 11 road 1ml. and control the same as If this resolution bad not been passed. Sec. .1 Tnat nothing in this grant shall be so construed as t4 prevent salt Lake Cit vor Its authorized auenls from paving, sewering, layintrgaaor water mains or pipes, altering. i. i'a..n.K ,., in any iimiuirr iiupioviuK " ". the streets mentioned herein or any other streets of said city. but. ail such Improvements Improve-ments shall be made with as little Injury as practicable to said railway and operating 1 hereof. Sec. 4. That In the construction and opera Hon of sal.l railway, the said grantee, and Its successors and assigns, shall at all times non-form non-form to such ordinances, rules and regula-lous regula-lous as have been or may hereafter be adopted by the city council of said city In relation to operating railroads, street railways or tramways tram-ways In sab I city, and for each violation thereof they shall tie liable to a tine In any sum not exceeding one hundred dollars. That wheuever the city council shall find it necessary or desirable to grant to any oilier street railroad company a franchise over any of the streets herolu granted, to secure to such ot her company a connei Hon with any Important Impor-tant center or terminus, tbe grantee herein shall allow ntnning arrangements over grantee a tracks to such other company, upon such other company making equitable payment pay-ment for constructing, maintaining and operating op-erating the portion ot said grantee s tracks so Used, Sec. 5. That Rait Lake City shall in no way be liable or responsible for any accident or damage that may occur In the construction or operation of said railway by reason of the default de-fault or misconduct of the grantee and Its successors suc-cessors and assigns or their employes, and the acceptance of this grant shail be deanied an agreement on the part of said grantee, lor Itscit and Its successors and assigns, to save the said city harmless from and against all liability, loss, costs, expense or damage of any nature arising out of any such default or misconduct, mis-conduct, or which may accrue by reason of any accident or Injury which may occur in or by reas..u of the construction or operation of said railway, and to Indemnify and repay said city for any loss, costs, expense or damage of any kind it may gtistaiu by reason of any such default, misconduct, accident or iujurv; and if any judgment for damages for any such default, misconduct, accident or injury shall 1 e recovered against said city, the recovery thereof and the judgment taerefor shall le tltial us between the said city and the said grantee and its successors and assigns, and conclusive as to tho liability of the laiterto tbe former. Sec. 8. That if this grant with the terms and conditions therein contained, be not accepted ac-cepted m writing by said grantee within thirty (3o) days aftr the passage of this resolution, or if work be not commenced within sixty piui days and the road completed and in oeratlon within two years after sai.l acceptance then this grant shall become null and void. Passed and approved May bth, lHvl. Attest: Cko. M. Soott, Mayor. 8kal. I J. F. Jack, Olty recorder. Umikd Btates ii? Amkkica, I TtKUiToKV or Utah, J-bs. Salt Lakk Citt. ( I J. F. Jack, Kecorder of Salt Lake City, do hereby certiry that, the foregoing is a full, true and correct copy of "A resolution granting grant-ing a franchise to tne Salt Lake City liailroad company" passed by the city council of Hall LaktK n y May 6th, 1891, as appears ot record in my oiilce. In testimony whereof I have hereunto set my hand and attlxed the corporate seal of Salt Lake city this 6th day of May. A. ).. Ift.l. seal. J. F. Jack, City list-order. |