Tooele Transcript Bulletin | 1909-01-15 | Page 1 | An Ordinance by Tooele City, Utah, Granting to Tooele Valley Railway Company, Its Successors and Assigns, a Right of Way in the Streets and Highways of Tooele City, Tooele County, Utah

AN ORDINANCE BY TOOELE CITY UTAH GRANTING CHANCING TO YAL VAL lt Y RAILWAY COMPANY ITS sue BUG CESS AND WAY IN THE STREETS sni KEry AND HIGH WAYS ov ciry TOOELE COUNTY UTAH I 1 no do it ordained ordalie by the city council ol of tofele tooele city utah section 1 that a franchise and right of w way are hereby granted to the of VALLEY A L abare HY RAI RAILWAY VAY COMPANY lie its and assigns to construct maintain and operate a anglo or double track electric rail railway way along and over all the a street t reeta and highways in booe tolela lo 10 city utah which are six rods rodi or over in width and aid a single track electric railway hallwa along and over all of said streets awl and hig highways hAYE which are less that than six rods cod lit III width v edth section 2 A franchise and right of 0 way wa are re hereby granted to the tooele valley y hallway halfway company its successors aucLea sors and assigns assign i to construct switch tracks from fi omits its plain tracks to auy any freight and passenger station that it may inny establish and construct in tooele thoele city and the said grantee antee its nd assigns shall grantee tr have ave the right to blon ato AsAr its alriS fix city to take on arid and discharge passengers and freight h at its ita said depot all ac t lan 3 during the terni term of this franchise the s bald all grantee I 1 U 04 sue e of sor and assigns bo be subject to t the he fos following conditions condl tlona t to obit alt a ahat said railway tracks track shall bo be laid upon and conform con torm as aa near as may be to the established grade of the several I 1 streets upon which they may be laid and it if said grade is attire afterwards arila changed by the city council of 0 sald ald city said grantee its successors or assigns shall at its own ex expense ense change chang go the lie track to conform to ohp alie same said eald grantee at its ita own expense shall keep such tracks properly bal ballested ballasted lasted and travelled gravelled grael gravel led to within two inches filches of the top 0 of the ratio rails provided that whenever any of the atre streets e its along which bald rall railway ivay is built shall bo e paved then said aid grantee Brant ce its ita successors and as aar signs ahall at its ita own expense pave between tave the ralls rails and keep expense in good repair and tor for a spare space of two feet fe outside of each rail and the space a p ace between double tracks track with W ith tile lie samo same material a as s that used 1 in n the street pavements niente b the tracks shall bo be laid and the road operated so as an to cause the least possible Vos sible obstruction and inconvenience to public c tile the said grantee tta its successor and assigns behall jay ay and maintain but focient boxes or pipes to convey nil all of the water ter across streets wl where ere such railway track crosses tho the eaino d the grantee its successors and assigns is hereby authorized and empowered powered to charge and collect for a single slin tare are to ail points 1 eints within the I 1 limits of tooele city not to exceed five cents centa e if the gran grantee tee occupies any part ot tile alie turnpike ol of any highway it shall at ita expense leave the turnpike of tho the same width and t condition on ditton as formerly t f where single tracks only are aroused used by grantee such turnouts turn outa may be ba con aa F alba Teas re bualle s ono mai ra railway pro tha that tsuch such turnouts turu outa a shall it not be located so BO as u to un necess aki fly interfere with the rights righta of the public or of individuals divi duals fg plank or other suitable material shall be put between and outside of 0 f the th rolls rails of said railway at all ail private and field crossings tile the plank to come to the top of rails b where double tracks are arc laid bl tb they 0 78 shall 1 bp be equidistant equi distant as near a as amny may be irom from the center of the street and t the middle of a stogie single track shall be laid as near as may be in the center of the street section 4 the said grantee its sue c essers or assigns shall commence work upon said tracks within one year from tile passage of 0 this ordinance and shall entirely complete said eald tracks within two years from the passage hereof and on failure thereof all rights granted heror under shall be forfeited it I 1 ex expressly p I 1 understood that this franchise eh ahall I 1 I 1 null and void and ot of no effect as aa to a all 11 streets and highways la in said bald city on oil or over which a railway has baa not been constructed ted and in reg regular ular operation within two years from the date hereof and a failure for one year to regularly operate said railway over any street or hi highway where a track i Is s constructed shall render tins tilts franchise as to the part ot of the street over which operation so ceases subjects to at the option of tile the city Oo council bounell unell 8 5 the rights und franchise hereby granted are tor for tile the term ot of fifty ordinance years fron from and after the passage 1 of this 9 section 0 that thoele tooele city shall in n no way ay iy bo be liable or isible for any accident 0 or damage that may occur in the construction or operation of said railway by reason ot of tile he default or misconduct in ct of said grantee or its it or assigns or their employee emp loyes and the acceptance oi ot tills grant shall be deemed an agre agreement emed t on the part of said grantee for itself and its successors Bucce and assigns to lo save the city hanu ban leaa from and against all Il abill ly ty losa loss costs expense and damage of any nature batul e arising out of any such default defau akyi fau t or misconduct or which maT may accrue by reason of any accident or injury which in aty occur in or by reason ot of the construe if tion on or operation ope allon tion of sald said railway and to indemnity indemnify and ami repay said bald city for auy any loss costs expenses or dai danin nago fre of 0 a any kind it atinay inay sustain by leabon redis of antl nth degal default misconduct or injury and it any judgement jud gement or damage arother or other relief for any such misconduct or injury shall be recovered against sald ald city the recovery cry thereof and the juda judgment iju be filial dual as to tho the suid ila d city arid tile the said bald grantee and its sue euc and asel s anil and conclusive as to the liability ot of ti tha 4 latter to the for former ller provided ald aid graf grantee itee lias tie had time timely E notice nt n the ot bf the suit in which the he said jud judgement gement la Is recovered and has been given an opportunity to defend the same sections Section 7 the grantee herein Is hereby b given the right to operate its ita railway through through said city with steam power tor for a period not exceeding two years from and after tile tho passage of 0 tills ordinance section 8 if this thin grant and franchise frand hise are not accepted on or OP beffie bedox a sixty days davs from the passage of this ordinance then it ahall become null aurl arld void section 0 9 tilts ordinance shall take effect from and atter alter it ut passage passed by tile the city council of toselo city utah itah the ath day of december MO adopted nd passed d 1018 ALVIN A WALTER WAL mayor of lovele alty utah