106 of 1916 - Franchise to Denver and Rio Grande Railroad Company spur track in 8th South between 4th and 5th West VOTING AYE NAY — Salt Lake City, Utah, SAP 13 1916 19l__
Green---- -------v '_
I move that the ordinance be passed.
Scheid
Shearman •olfe
{
Wails
Mr.Chairman
Result
/06
-:1W ORDINANC:'r,: -
AWN OPOINANn GLINTING TO ZED; Denver & Rio Grande Beil--
roat Company, its successors and assigns, the right to construct,
operate and maintain, a standard gauge spur railroad track in
Lighth South Stroet, between Fourth and Fifth West Street, in Salt
Lake City, Utah.
Be it ordained by the Board of Commissioners of Salt
Lake City, Utah:
Section 1. A franchise and right of way is hereby given
and granted to the Denver & Rio Grande Railroad. Company, and to
its successors and assigns, to construct, operate and maintain a
single spur standard gauge railroad track in Eighth South Street,
between Fourth and Fifth West Streets, in salt Lake City, Utah,
the center line of said spur track being more particularly de-
scribed as follows, to-wit:
Beginning at a point in the center of the
present track of the Denver & Rio Grande Railroad
Company on 8th South Street, about 230 feet West
of the monument line of Fourth West Street; thence
turning out southerly and continuing on a 30 deg.
curve a total distance of about 210 feet south-
westerly to a point on the South side line of Eighth
South Street about 20 feet West of the Northeast
corner of Lot 5, Block 9, Plat "A", Salt Lake City
Survey.
Said spur track being more particularly shown in yellow
on the attached print, which is hereby mule a part of this or-
dinance.
Section 2. During the term of this franchise the grantee
shall be subject to the following conditions:
(a) That said spur track shall be laid upon and conform
to the grade of said street, and if the said grade is afterward
changed by ordinance of the Board of City Commissioners, the
A
grantee shall, at its own expense, change the elevation of the
track so as to conform to the same.
(b) Whenever said street where said spur track is con-
structed shall be re paved, re-surfaced or repaired, then said
A /c<,
grantee, its successors and. assigns, shallAre-pave, re-surface or
repair between the rails and for a space of two feet outside of
each rail, with the same kind of material used on the said. street,
or with such other material as may be ,,proved. by the Board. of
Commissioners, and all ties shall be kid. upon a concrete base of
such thickness as shall be directed by the City 7,n ineer.
(e) The said spur track shall be laid and. the road.
Toerwted so as to cause no unnecessary impediment to the cormon
and ordinary use of said street upon which it is laid.
(d.) Salt Lake City reserves the right to regulate and
control the speed of all trains, engines and cars operated by
the grantee , its successors and assigns, upon the said track.
Neither engines nor cars shall be permitted to stand- on said. sour
track on said Eighth South Street.
(e) That if in putting in s-,i_d spur track said. grantee
shall remove or in any manner interfere with the pavement, side-
walk, ourbo or gutters on said street, it shall reul ,ce such pave-
;rent with the same or such other material as shall be ordered by
the Board of Commissioners, and shall replace such sidewalks and
such curbs to the satisfaction of the Supervisor of Streets, and.
shall so construct gutters that they will allow free passage of
water, and to the satisfaction of the Supervisor of Streets.
Section 3. Nothing in this grant shall be so construed.
as to prevent Salt Lake City or its authorized agents, contrac-
tors, or person or corporation to whom a franchise nay have been
or may hereafter be granted, from paving, severing, laying gas or
water mains, pipes or conduits, altering, repairing, or in any
manner improving said street.
Section 4. Said grantee herein, its successors and •
assigns, shall, and by the accentance of the privileges and
franchisee herein granted, and. in coiwid.ortion of the sac , does
bind itself, its successors and assigns, u-i,on its acceptance of
this franchise, to save coil_ city harmless from all suits, claims,
demands and. judgments whatsoever, nether in law or in equity,
which shall, be asserted, found or rendered in any canner whatso-
ever, against said. city for injury or damage to shutting 7)ro-9orty
or otherwise, by reason of the granting of this franchise, or by
reason of the construction or operation of said. our track; and
that the grantee herein, its successors and. assigns, will :nay the
amount of any judgment, determination or adjudications, vhich, in
any suit or -roceedings, may be or shall be found against said. Salt
Lake City; provided, however, that said. grantee, its successors
and assigns, shall have had notice of any such suits, and. on cyppor-
tunity to appear and defend, the same; and. said grantee, its
successors and assigns, shall appear in and defend all actions
brought against Salt Lake City for My injury or damage by reason
of the construction, operation or iceintcnence of said spur track.
Section 5. This franchise is granted upon the express
condition that the same shall continue during teS pleasure of the
Euard of Commissioners of Salt Lake City, and the grantee herein, for
itself and its successors and assigns, by the acceptance of this
franchise agrees that upon thirty days written notice given by direc-
tion of said Board of Commissioners so to do, said spur track will be
removed. and, the street where the sane is constructed restored to the
condition it was in prior to the construction of said track and to the
satisfaction of the Supervisor of Streets a Irrigation of said halt
Lake City, and that upon failure to comply with such order this
franchise shall be null and void.
shall be null and void.
Section. C. Unless this grant and all the terms end con-
aitions thereof shall be accepted in writing by the Enntee herein
vithin thirty days fro n the --)assace of this ordinance, pnd unles7,
such track be constructed within one year from the date of such
passage, then this ordinance shall be null and void.
Section 7, This orainance sha A tape ell** upon its firot
publicFtior. t!1 t
Pr.S2ed by the Board of Commisioners of Salt Llce. City,
Utah, September , 1916.
Mayce..rn
City Yk,corfter.
Bill No. iCS-1\o
Published. September ,
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