Show ail AIT ORDINANCE granting a franchise to the ogden north western railroad company a corporate organized and existing under WS lee laws of the state of utah and to its successors and assigns 0 for constructing and operating a railroad Kail road section 1 de be it ordained by the city council ot of brbgham city that the ogden northwestern railroad company its successors and assigns have the authority and consent ot of the city council and permission Is hereby granted them to construct and operate a single or double track railroad together with all ali the necessary switches and the erection ot of a line 0 of f poles or two lines of 0 poles when necessary canning telephone tele graph trolley and transmission wires for the transportation of passengers freight express and mail matter and the accommodation of said raili railroad oad as a continuous line through said city upon such streets and parts of st reels alleys avenues or highways as may inay be selected by said grantees granlees gran tees or their successors or assigns aforesaid during the existence of this franchise in consideration of this grant and franchise the said grantee its successors or assigns aforesaid hereby agree that where said road is constructed ted or operated upon paved streets they will keep same in good repair and pave with brick or stone or other material to be mutually agreed upon the space inside the track or tracks and a space two feet wide on OIL 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 in the operation of said railroad except in the construction there of and lor for the movement of obstructed and disabled cars thereon and for the clearance of said railroad from any obstruction whatever whenever or ct oti r motlya power be inadequate and unequal to the th occasion and the said grantee gra atee its successors or assigns aforesaid shall operate cars upon said railroad with all necessary and modern improvements for the conveniences comfort and safety of passengers which said cars shall be run thereon each and every day both ways and at a schedule rate of not exceeding twelve e miles per pee hour within the settled portion of the city provided that the track or tracks iracks shall ie constructed in the center of the street unless otherwise directed by the city council and in such a manner as shall be approved by the city council the track or tracks track sto to be laid and the road operated so as to cause no unnecessary impediment to the common or ordinary use of said streets for all purposes and the water colitses courses of said streets shall be left free and unobstructed ted good arid and sufficient boxes shall be laivand laid and maintained at grade as condition by said grantee its successors or assigns aforesaid in ili all the water ditches crossed by the said track tra ck or tracks so ns as to admit of the free flow of said water said tracks shall laid and maintained at grade as established by the city and permanent crossings shall be made and maintained by the grantee its successors or assigns aforesaid atthe at alie intersection of streets and elsewhere wherever the same shall be necessary at the and under the direction and to the acceptance of the city council section 2 the price of a single fare one way shall not exceed fine fie cents within the area bounded by the city limits as now established section 3 that this franchise be and the same is hereby granted for the term of fifty 50 years from tile the date of the passage of this ordinance section 4 that nothing in this grant shall be so construed as is to prevent brigham city or its authorized agents from paving se laying gas or water mains or pipes al repairing or in any manner improving any of the streets used in ili pursuance of 0 this franchise but all such improvements shall tie be made with as litle injury as practicable to said railroad or corporation thereof aud and only after reasonable notice not exceeding thirty days to sald said grantee its successors or assigns and an opportunity afforded them by said city to lay a temporary track or tracks upon other oilier parts of said street during the prosecution of tile the work 0 of f said improvements section 5 that in the construe continued from page five AN ORDINANCE continued from first page tion lion and oile operation ration of said ralli raili railroad oad tile the said grantee its successors essers or assigns aforesaid shall at all times conform to such reasonable ordinances rules and regulations as may bo be adopted by the city council of said city in relation to constructing aud in operating railroads section G that Dri brigham ghini city shall in no way be liable or ie for any accident or damage that may occur in the construction or operation of said railroad by beason of the default negligence or misconduct of said grantee its successors or assigns aforesaid or their employees and the acceptance of this grant shall be deemed an agreement on the pait of said grantee itself its successors and assigns to save said city harmless from and against any and all liability loss costs expense or damage from froin any cause arising out of any such default or misconduct or which may accrue by reason of any accident acci jent or injury which may occur in or by reason of the construction or operation of said railroad and to indemnify and lepay said city for any loss costs expense or damage of any I 1 K kind ind it may sustain by beason of any such default misconduct accident or injury and it if any judgment for damage for any such default misconduct let accident or injury shall be recovered against said city the recovery thereof shall be final as between said city arid and the said grantee its successors or assigns aforesaid and conclusive as tp to the liability of the latter to the former provided how ever that the said grantee its successors or assigns shall have had n notice 0 in writing of the of 0 f such action in ill time to appear answer and defend the same section 7 that it if this grant with the terms arid and conditions herein contained be not accepted in writing by said grantee within sixty lays days after notice of the passage of this ordinance or it the preliminary survey of said railroad be not commenced within six months after notice of the passage of this ordinance or if the wort work of constructing said road be not commenced within twelve mon konttis after notice of the passage of this ordinance or if the construction of at least one track of said road be not completed and in operation through the city within two years abtey the acceptance of this ordinance then t this his grant and franchise shall become null and bold however that said grant and frane franchise ali s e shall not be forfeited for the causes above set forth or for any reason whatever granlee grantee its successors sors or assigns aforesaid without their their fault shall hall r have been prevented prevent Td trod hindered or acla delayed ed in the performance of such conditions or any of ahlm by the act of god or the operation of law strikes or other causes beyond their control section S nothing herein granted shall hall in any way interfere with the franchise granted B D Bl mahler ahler august 31 1 1 1904 and the grantee shall not construct a road upon main blain street until the forfeiture or espira tion of said shather franchise section 9 that the voltage on the transmission lines of said grantee shall not exceed volts passed by the he city council of brigham ila city utah this alth lay day ot of december A D 1900 approves 0 mayor attest THOMAS mcmaster fedj city recorder I 1 thomas mc master mastor city Heco rOer in wind and brigham city state stale of utah hereby certify that the above and a nd d foregoing is a full true and cor correct I 1 act copy of an ordinance entitled an all ordinance granting a franchise Franchi sp to the ogden northwestern railroad company a corporation organized and existing under the laws of the state of utah and its successors and assigns for constructing and operating a railroad passed by the city cily council or brigham city utah onabe alth lay clay of december 1906 and approved by the mayor on the lelh flay of december in witness whereof I 1 have hereunto set roy my hand and attached my official seal this day pt january 1907 THOMAS mcmaster SEAL city decol recorder der |