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Show THE PROPOSED ELECTRIC RAILWAY I A Full Text of the Franchise which the Commissioners are willing to grant Mr, D. R, Roberts. i L Much has been said about the pro- btajL posed electric railway, and many In- ? qulrlcs have been made for Informa-tlov Informa-tlov concerning the same, but heretofore hereto-fore Mr. I). R. llobcrts, the promoter, has refused to give any definite, specific spe-cific information concerning the matter. mat-ter. At this time he refuses to give for publication any definite Information Informa-tion as to who is backing him in the affair, but from other sources it is learned that there Is positively no doubt of the financial ability and earnestness of the men interested. However, Mr. Roberts lias furnished us with u copy of a resolution recently adopted by the County Commissioners "in which he Is granted u franchise, but with such conditions as he says make It prohibitive. Mr. Roberts objects to Section 1, first and third clauses; Section 3; Section 7 and Section Sec-tion 10. We reproduce the resolution In full an3 touch on Mr. Roberts' objections ob-jections elsewhere. Re it resolved by the Roard of County Coun-ty Commissioners of Cache County, Utah. Section 1. That a franchise for the I period of fifty (50) years and the same I is hereby granted to David R. Roberts I his heirs, executors, administrators, I successors and assigns (hereinafter I called the grantee) to construct, maln- I . tain, and operate a siugle track elec tric rail way, together with all switches, turn-outs, side-tracks, poles, wires, and, other appliances necessary for the proper and expeditious construction con-struction and operation of said railway rail-way for the purpose of carrying passengers, pas-sengers, freight, and nil commodities for hire, over and upon all public hlghwajs now existing in said Cache County that urn six (0) rods wide or more than said width, upon the following fol-lowing conditions, to-vvlt: 1. That the said grantee shall within six (fi) months from the date of the granting of this franchise determine deter-mine the definite location of said railway rail-way upon said highways by the filing of a map designating the line or lines of said railway which said map shall be subject to the approval of the Roard of County Commissioners and shall be approved by them before the same shall be effective and filed In the office of the County Clerk of said Cache County;and upon such approval of said map the right of the said grantee shall be limited to the Hue or lines designated by said map and all other public highways in said Cache county not designated on said map as selected by the said grantee for the exercise of this franchise shall bo freed from the operation of the same. 2. That said grantee shall begin actual work of construction of said electilc railway upon said highways within fifteen (15) months from the date of this resolution; and If said map be not Hied after having been appiovcd by said Hoard within the said period of six (i) months from the date heieof or If the work of construction construc-tion on said railway be not commenced com-menced within fifteen (15) months of the date hereof as aforesaid, then In cither of tho said events the said Roard of County Commissioners may declare this franchise forfeited. 3. That at least ten (10) miles of the said railway shall be completed and in operation within ono (1) year after the commencement of tho construction con-struction thereof and that all of the lines of railway designated on said map to be filed' shall be completed and in operation within three (3) years after tho commencement of construction construc-tion vtoik on said railway. And that the said grantee shall fall to complete and put in operation at least ten (10) miles of said railway within the one (1) year as above specified speci-fied or If he shall fall to complete all of the lines of said railway as designated design-ated on said map within the three (3) years above specified then In either of the said events the said Roard of County Commissioners may declare this franchise forfeited. 4. That not more then one (1) switch or turnout hi addition to the main line of said railway shall be allowed at any one place and every switch or turnout shall be located as close to the main Hue as may bo with safety. 5. The said railway shall be located cither In the center of said highways or upon the side thereof, or in the center In one or more places and upon the side In the other places, as the said Roard of Commlssloneis after the tiling of said map may determine and by resolution designate. (!. That all wires for the transmission transmis-sion of power for said railway shall be placed as high above the grade of said railway as practicable. Section 2. That said grantee shall run at least two trains each way every day upon every part of said railway. Section 3. That the said grantee shall permit the said Cache County to use any and all of the lines of said railway for the purpose of running gravel trains propelled by steam locomotive loco-motive or motor, but not more than ten (10) miles of said railway shall be thus used by Cache County for gravel trains at any one time, and tho running run-ning of gravel trains on said railway by Cache County as aforesaid shall be done so as to occasion as little Inconvenience Incon-venience as practicable to the running of the passenger and freight trains of the said grantee. "Section I. The said gtantce has the right to use steam power for the construction of said railway and moving mov-ing obstructions when electric power may prove Inadequate. Section 5. That the said railway shall be laid out and constructed subject sub-ject to the approval of the Hoard of County Commissioners of the said Cache County; and the said grantee Is hereby required to keep In good lc-pulr lc-pulr the space inside the rails of said railway together with the spa:e on both sides of the rails of said railway and extending one (1) foot beyond the end of the tics. The said railway shall be made of even grade with the said highways so far as practical and good and permanent public and private pri-vate road crossings shall be made and kept In good repair by the said grantee. And the said grantee shall also make and keep in good repair all necessary and proper flumes, water-boxes, pipes and water conduits for the passage of water across said railway for irrigation irriga-tion and other purposes. ' Section 0. That the speed of trains on said railway Is hereby limited to foity (40) miles per hour, and said Cache County hereby lcscrvcs the right to further limit the speed of trains on said railway to twenty-live twenty-live (25) miles per hour on any or all parts of the railway and at any or all times that the Hoard of County Commissioners Com-missioners of said county In Its judgment judg-ment may deem pioper. Section 7. The said grantee in consideration con-sideration of this franchise shall at all imes while this franchise remains in force and trains arc run upon said railway rail-way furnish free transportation by some convenient method of pass or ccrtlflcato to and, for the following County Officers. The Sheriff of said Cache county and each and all of his deputies regularly regu-larly emploicdas such for son Ice In all parts of the said county. Each of the County Commissioners of said county. The County Assessor of said county and each of his deputies depu-ties regularly employed for service pertaining per-taining to all of said county and hereby here-by excluding deputies employed merely mere-ly to assess a particular precinct or district. The County Attorney and ono (1) deputy. Section 8. Cache county reserves the right to grade, survey, lay water mains or pipes, alter repair or otherwise other-wise Improve any of said highways, but such work shall be done with the least practicable injury to the said railway or poles. Section f). That Cache county shall In no wise be liable or responsible for any loss, cost, expense or damage arising aris-ing from any negligence, default or misconduct of the grantee In the exercises ex-ercises of the privileges herein granted; and said grantee shall at all times Indemnify In-demnify and save harmless the said Cache county from any loss, expense, cost or damage arising out of the negligence, neg-ligence, default or misconduct of said grantee In tho construction or operation opera-tion of said railway; and anv Judgment Judg-ment lecovereil against said county by reason of any such negligence, default, or misconduct of the said grantee shall be conclusive its to the liability of the grantee to said county; provided, provid-ed, however, that said grantee shall have been duly notified of the pendency pend-ency of the suit In which such Judgment Judg-ment Is recovered and have been given opportunity to defend the same. Section 10. That for every neglect, default or disregard of the agreement H herein contained to be kept and per- jfl formed by the said grantco and for every failure of tho said grantee, to observe and perform the conditions in 1 this resolution set forth to be obscrv- ll cd and performed by him ho shall for- H felt and pay to said Cache county the H sum of one hundred ($100) dollars in H addition to any and all lost or damago ' SH sustained by said county by reason of IH such neglect, default or misconduct on H the part of said grantee. And said H Cache county hereby reserves the IH right In the event of any default after H notice on th part of said grantee to jH perform any of the conditions or re- jf qulrcments in this franchise set forth H on his part to be kept or performed, to jsl do or cause to be done such labor and 1 to make or cause to be made such Im- -jH provemcuts or other thing required as jH in this resolution herein set forth at H the expense of said grantee; and the H said grantee shall pay for any and all jH such service or things done by said H Cache county on account of such de- jH fault or neglect of the grantee. H Section 11. That an unqualified ac- H ceptance of this franchise with all of iH Its conditions and provisions shall be ' jH filed with the County Clerk or said H Cache county by said grantee within H sixty (CO) days after tho date of this tlH icsolution; and if the grantee fail to jH flic such acceptance within said period tH 'or sixty (00) days then the Roard of iH County Commissioners of said county fH may declare this franchise forfeited. lH |
