Show AN ORDINANCE granting a franchise to th the ogden north western railroad company a corporation and to its successors and assigns for conducting and operating v a railroad section 1 de be it ordained ord alneil by the doard ot of county commissioners of box do elder county state of utah that the 0 ogden den northwestern railroad company its successors and assigns live have the authority and consent of the doard board of 0 county commissioners and aci mission is hereby granted them to construct and operate a railroad together with all the necessary sift switches clies sidetracks side tracks and spurs for the transportation of passengers fleight express all and mail matter over and along alone tile the public road and highway of 0 box elder county outside the incorporated limits of towns and cities thereof the said railroad to be a continuous line running along the public highway between a point near hot springs at the south part of box elder county and brigham Bri gnam city utah the said company shall further have the right to elect a line of poles when neeLs necessary sary to support telegraph trolly and transmission wires along said highway provided however that said railroad shall construct sidetracks side tracks and switches away from the public highway when necessary for the loading of sugar beets fruit and other products or material that would tend to obstruct the iree free passage of sald said highway highba hIgh va section 2 no pole line shall be erected or appurtenances constructed construct Oll or other work performed under tills this franchise along any road or highway ot of the county until the board or of county commissioners shall first have indicated the location or of such pole una lin road or other and the licensee ce ce shall be required to erect strong and durable poles and furnish suitable ane and durable material tor for the use to which they are arc to le applied section 3 electricity used as the motive power in ili the operation of said railroad except in the construction thereof and tor for the movement of obstructed and disabled cars thereon and tor for the cle clearance arane of said railroad front from any obstruction whatever when electricity or other motive power eliell ahall be inadequate or unequal to tho the occasion provided however that stearn steam power may bs be used on said railroad for a of twenty five years for the hauling of freight gravel and road material hereinafter provided proM ded between the hours of 10 1 p I 1 m n and 6 G a in the said grantee its successors and assigns aforesaid shall operate cars upon tile the said railroad with all necessary and modern improvements prove ments for the convenience comfort and safety safely of pis passengers which said cars shall bo be run thereon each and every day both ways and that a reasonable rate ot of speed shall lie be maintained in fit operating said railroad section 4 the track shall bo be constructed ted in the center or at the side of said highway as directed by the courtly county commissioners and in such a manner as shall be approved by the county commissioners the track to lie be laid and the load operated so so Is as to cause no unnecessary impediment to the common or ordinary use of the highway for all purposes and the water courses of said highway shall be left free and unobstructed good and sufficient boxes shall be laid and maintained in good condition by said grantee its successors or assigns aforesaid in all the water ditches crossed by the said trad track so as to admit of the free flow of said track shall be laid and maintained on grade established by the county commissioners and permanent crossings shall be made and maintained by the grantee its successors or assigns at the intersection of streets and elsewhere wherever the same shall be necessary at the dis creiton and under the direction and to tile the acceptance of tho the board of county commissioners section 5 for and in consideration ot of the granting of tills this franchise the ogden northwestern railroad company its successors and assigns lessees lessels or signs assigns as shall for a period ot of twenty five years after the passage of tills this ordinance haul rock dirt kravel vel and any and all material or machinery to be used for the repairing and improving of tho the county roads within the limits of dox box elder county at the rate of thirty cents per ton toil for any distance ilkhan Ilk tan 1 e not exceeding five miles and of an additional rate of three cents per ton for each additional mile such material or machinery shall bo be so transported from any ogden northwestern railroad to any other point on the said railroad within ali the limits of said box elide county provided however that sald said ogden northwestern railroad Kail road company its successors lessees lessels or assigns shall furnish the ties ind and rails and lay ay the track the county to do 10 the grading for not to exceed a distance of forty rods from its main line to any gravel tied bed belonging to or rented by said county whenever not net loss less than one thousand tons of gravel are to be moved under the provisions pio visions of this section section G that nothing in ili tilts tills grant shall bo be so construed is as to prevent box elder county or its authorized agents bioni laying gas or water mains or pipes altering repairing or in any manner improving the highway used in ili pursuance of this franchise but all such improvements shall lie be made with as little injury as to said railroad or the operation ther thereof eor and only after reasonable notice not exceeding thirty lays days to said grantee and an all opportunity afforded them to lay a temporary track upon other parts ot of said street during the prosecution of the work of said improvement allt section 7 that in the construction and it operating of said railroad sal the sala grantee its successors and assigns aforesaid shall at all times conform to such reasonable ordinances rules and regulations as may be adopted by the board of oe county commissioners in relation to constructing ting and maintaining said railroad section S that dox box elder county shall in no way be liable or responsible sible for any accident or damage that may occur in the construction or op ol crating of said railroad by reason of the defaults default negligence or masco misconduct n of said grantee its successors or assigns aforesaid or their employees and the acceptance of this grant shall be vlee mei nn an agreement on en the part of said grantee grante e tor for itself and aad its successors successor sand and assigns to save said box elder county harmless from and anc against any and all liability ability loss cost expense or damage from any cause arising out of any such default or misconduct or that may accrue by reason of oc any accident or injury which may occur in or by reason of the construction or oppe rating of said railroad and to indemnity indemnify and repay said county for any loss cost or expense or damage of an any lind kind it nay sustain by reason of any such default delan lt misconduct accident or injury and it if any judgment for damages tor for any such default misconduct accident or injury shall be Te recovered COVered against said county tile the recovery thereof shall be final as between said county and said grantee its successors and d assigns aforesaid and conclusive as to the liability ot of the latter to the former provided however that hat the said grantee its successors or assigns shall have had hac notice in in nolting of the of ol 01 such action la in time to appear answer and defend the same section 9 that it if tills this grant with the terms and conditions therein contained be not accepted in writing by said grantee within ninety lays days after notice of the passage of this this ordinance or if the work of constructing said load be not commenced within twelve months after notice of the passage of this ordinance or if the construction of tile the tract or of said road be not completed and in operation over said highway within two years between hot springs and Dr ighani city after the acceptance of this ordinance then this grant and franchise shall become will null and void provided giov however that said grant and franc franchise 1 0 s shall not be forfeited tor for the causes above set get fortl or for any reason whatever it if the said grantee its successors cias sors aud and assigns assign aforesaid without their fault shall have been prevents hindered or delayed in the performance of such conditions condition or any of them by the act of god or lie he operation of law strike or other causes beyond biond their con liol section 10 that this franchise be and the same is hereby granted for the term of fifty 50 lears ears from the late dale of alf the passage of tills this ordinance di nance section 11 the rights and leges herein granted are not exclusive and nothing herein contained shall be construed to prohibit and prevent the use ot of said highway with proper authority either for purposes i similar to that for which its use is hereby greated create or for any other purpose passed by the doard board of 0 county commissioners of do box elder county state or of utah tills this ith clay of february A D 1007 s A W VALENTINE SI B HART D E ADAMS attest N J VALENTINE clerk cleric by lorenzo W anderson andersen SEAL deputy clerks state of 0 utah county of oe dom cox elder 1 ss 1 I N J valentine county clerk cleric of box elder county utah do hereby certify the above and foregoing to be a full true and correct cory copy of an ordinance granting it a franchise to tho the ogden northwestern railroad company a corporation and to its successors and assigns fo for r c conducting 0 ll 11 and operating a ra railroad ll 11 ro a d upon tile the highways of dom elder county and that tile the said ordinance was duly passed by the board of county commissioners of 0 said county it at their regular session held monday february ath A D 1007 1907 and that at the passage of said ordinance commissioner Commissio ncr A 11 W valentine voted aye commissioner M ii B hart eted doted aye and commissioner D E adams voted aye as the same appears on file and of record in my office witness my hand and seal of oc dox box elder county this ath lay day of february A D 1907 N J VALENTINE SEAL county clerk cleric ogo ibs |