Show AN ORDINANCE granting Gran a franchise to the ogden north western railroad Eail road company a corporation and to its successors and assigns for conducting and operating a railroad Eail road section 1 be it ordained ordal ned by the board of county commissioners of dox cox elder county state of 0 utah that the ogden S northwestern th western railroad company its successors and ami assigns have the authority and consent of the board of county commissioners and permission is hereby granted them to construct and operate a railroad together with all the necessary switches sidetracks side tracks and spurs for the transportation ot of passengers freight express and mail matter over and along the public road and highway of box elder county outside the incorporated limits of towns and cities thereof the said railroad to lo be a continuous tile line running along the public highway between a point near hot springs at the south part of box ulder elder county and brigham city utah the said company shall further have the right to erect a line of poles when necessary to support telegraph trolly and transmission wires along said highway pro provided tided however that said railroad shall construct sidetracks side tracks anti and switches away from the public highway when necessary s forthe for tor the loading ot of sugar beets fruit and other product predicts or material that would tend to obstruct the tree free passage of said highway section 2 no pole line shall be erected or appurtenances construct cil ell or other work pei formed under this franchise along any road or highway of oc the county until the board 0 of county commissioners shall first have indicated the location or of such dole 1 iole lins line road or other work ard and aba licensee shall be required to erect strong stron and durable poles and furnish suitable and durable material for the use to which they ire are to be applied it section 3 0 used is tile the motive power in the operation ot of said railroad except in the construction thereof anti and for the movement or of obstructed and disabled cars thereon and for the clearance clear alice of kaid railroad raili oad from any obstruction whatever when electricity or other motive power hall be tie inadequate or unequal to the occasion provided Provid cil however that steam power may be used on said railroad tor for a period of twenty five years for the hauling ot of freight gravel and road material hereinafter provided between the hours or of 10 p ra and 6 a in the said grantee its successors c or and assigns aforesaid shall operate cars upon the said railroad with all necessary and modern improvements prove ments for the convenience comfort and safety of passengers bilitch said cars shall bo be run rua thereon each anca every day both ways and that hat a reasonable rate of speed shall be maintained in operating said ralli raili oad load section 4 the track shall bo be constructed ted in the center or at the side of cf said highway as directed by the county commissioners and in such fuch a manner as shall be approved by tile the county commissioners the track to be laid and the road operated so as to caile no unnecessary impediment 0 to o abe common or ordinary use of the highway for all purposes and the water waler courses of baid at highway shall bo be left free and unobstructed good arid and sufficient boxes shall be laid and maintained in good condition b W said grantee its successors or assigns aforesaid in all the water ditches crossed by the said track so as ag to admit or of the free how flow of said water sald 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 disc relton and under the direction and to tile the ff 4 itaw It tW at all acceptance DOL bo ui coun county 3 commissioners section 5 for and in consideration of the granting of 0 this fran eLlse tire the ogden elern railroad company its successors and assigns lessees lessels or assigns shall for a period of twenty five years after the passage 0 f till this ordinance haul rock dirt gravel arid and any and an all material or inachin machinery cry to bo be used for tire the repairing and improving of ali the county roads within the limits of box elder county at the arate rate of thirty cents per ton for any distance not exceeding five miles and of an additional rate of three cents per ton toil for each additional mile such material or machinery shall lie so PO transported trans poi led from any ady og ogden jen northwestern railroad to any other point on oil the said railroad within the limits of said dox box elder W county provided however that said ogden northwestern railroad company its successors lessees lessels or assigns shall furnish the ties lies and rails and lay tile lie track the county to do the grading abing ading for not to exceed a distance of forty rods from its main line to any gravel bed belonging to or rented by said county whenever not less than one thousand tons of gravel are arc to be moved under the provisions of this section section G that nothing in till this grant shall be so construed con d as to prevent box elder county or its authorized agents from laying gas or water mains or pipes altering repairing pairing le or in any manner improving the high way v ay used in pursuance of 0 this franchise but all such improvements shall be made with as little injury is as practicable to said railroad or the operation thereof and only after reasonable notice not exceeding thirty days to said grandeo and an opportunity afforded them to lay a temporary trad track upon other parts of said street during duding the prosecution of the work ot of said improvement section 7 that in the construe tion and operating of 0 said railroad the said 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 ot of county commissioners in relation to constructing ting and maintaining said railroad section S that box elder county shall in no way be liable or responsible tor for any accident or damage that may occur in the construction or operating or of said railroad by reason of the default negligence or misconduct lue L ot of said grantee its successors or assigns aforesaid or their employees and tile the acceptance of this grant shall io be deemed decried na pant on 02 tile the part of said grantee for itself and its successors arid and assigns to save said dox box elder county harmless from and against any and all liability loss cost expense or damage front from any cause arising out of any such default or misconduct induct or that may accrue by reason or of any accident or injury which may occur in or by reason of the construction or oppe rating of said rall railroad road arid and to indemnity indemnify anil repay said county comity tor for any loss cost or expense or damage of any kind it may sustain by reason leabon of any such default ms misconduct conduct accident or injury and if any judgment for damages tor for any such default misconduct accident or injury shall bo be recovered against said county the recovery thereof shall be final as between said county and in said grantee its successors and assigns aforesaid and conclusive as to the liability of the latter to the former provided however that the said grantee its successors or assigns shall have had I 1 notice in writing of the of such action in time lime to appear answer and defend the same section 9 that it if this grant with the terms and conditions therein contained be not accepted in writing by said grantee within ninety days after notice of the passage of this ordinance or if the work of constructing said road be not commenced within twelve months after notice of the passage of this ordinance or it if the construction of tho the tract of said road ire be I 1 not completed arid and in operation over said highway within althin two years between hot springs and brigham city after the acceptance of this ordinance then this grant and franchise shall become null and vold void provided however that said grant and franch franchise tse shall not be forfeited for the he causes above set forth or for any reason whatever it the said grantee its successors and assigns aforesaid without their fault shall have been prevents hindered or delayed in the performance of such conditions or any of them by the act of 0 god or ho he operation of law strike or other causes beyond their control section 10 that this franchise tie be and the same is hereby granted tor for the term of fifty 50 years from the date of the passage of this ordinance di nance section 11 the rights and privileges herein granted are not exclusive and nothing herein contained shall be construed to prohibit and prevent the use of said highway with proper authority either tor for purposes similar to that for which w rich its use Is hereby greated or for any other purpose pose passed by the doard board of county commissioners oc 1 box elder county state stale of utah this ath lay of february A D 1907 A V VALENTINE M B D HART ART D 13 ADAMS attest N J VALENTINE clerk dy by lorenzo IV anderson 1 SEAL deluty clerks Cerin cate state of utah county of dox box elder I 1 ss I 1 N J valentine county clerk of box bos elder county utah do hereby certify tile above and foregoing to be a full true and correct copy of an ali ordinance granting 4 franchise to the ogden cr northwestern railroad company a corporation and to its successors and assigns for conducting and operating a L railroad Rail load upon the highways of box elder county and that the said ordinance was duly passed by tile the board ot of county coil commissioners miss loners or of said county at their regular session held monday february ath A D 1907 and that at the passage of said ordinance commissioner A W valentine voted aye commissioner au M B hart voted aye and commissioner D E adams voted aye as the same appears on lie arid and of record in my office witness my land hand and seal of box elder county this ath lay day of february A D 1907 N J VALENTINE SEAL county clerk |