HomeMy WebLinkAbout108 of 1908 - Ordinance 108 of 1908 – Franchise, D&R.G.R.R. Co., 5th West & 7th West & 7th South (spur track), B /1
AN ORDINANCE .
AD ordinance granting to the Denver & Rio Grande Railway Com-
pany, and to its successors and assigns, on the petition of George
Burbidge Coal Company, a franchise and right of way to construct
and operate a single spar railroad track on Fifth West and Seventh
South Streets, in Salt Lake City, Utah.
Be it ordained by the City Council of Salt Lake City, Utah:
SRCTION 1. A franchie .and right of way is hereby given and
granted to the Denver and Rio Grande Railway 'Company and to its sue-
ceseors and assigns, to lay, construct and operate a single spur
r
standard gauge railroad track upon the street hereinafter described,
to-wit:
Commencing at a point in Lot 2, Block 27, Plat "A", on Fifth
West Street between Sixth South and Seventh South Streets, running
thence southwest on the 16th degree curve to a point on Fifth West
Street 375 feet from place of beginning and connecting with the main
line of the Denver P Rio Grande Railway Company at that point west
of Lot 5, Block 10, Slat "A", according to a plat or map filed with
and made a part of the petition for this franchise, and a part of
this franchise.
SECTION 2. During the term of t- is franchise, the grantee shall
be subject to the following conditions, viz.:
That the said spur track shall be laid upon. and conform to the
established grade of said street, and if said grade is afterwards
changed by ordinance of the City Council, the grantee shall, at its
own expense, change the elevation of the track so as to conform to
the same.
Whenever said street where such track is constructed shall be
paved, then said grantee, its successors and assigns, shall pave
between the eeils and for a apace of two feet outside of each rail,
with the same aterial as that used in the street pavement.
Said gran ,ee shall put in and maintain such crossings over said
spur track a, 'hall from time to time be required by the City
Council.
The said spur track ehell be laid, and the road operated s vs
to cause no unnecessary impediment to the common and ordinary
-2-
said street upon which it is laid.
Good and sufficient boxes to convey water shall be laid and
maintained in good condition at the expense of said grantee, in all
the water ditches crossed by said spur track, so as to admit of free
passage of water.
SECTION 3. Nothing in this grant shall be construed as to pre-
vent Salt Lake City or its authorized agents or contractors from
paving, severing, laying gas or watermains or pipes, altering, re-
pairing, or in any manner improving' said street, but all such im-
provements shall be made with as little injury as practicable to
said spur track and the operation thereof.
SECTION 4. The said grantee herein, its successors and assigns,
shall, and by the acceptance of the privileges and franchises herein
granted, and in consi-deration of the same, does bind itself, its
successors and assigns, upon its acceptance of this fre.nchise, to
save said City harmless from all suits, claims, demands and judg-
in
manta whatsoever, whether in law orAequity, which shall be asserted,
found or rendered in any manner whatsoever, against said City for
injury or damage to abutting property or otherwise, by reason of the
granting of this franchise or by reason of the operation of said spur
track; and that the grantee herein, its successors and ensigns, will
pay the amount of any judgment, determination or adjudication which,
be
in any suit or porceedings, mayor shall be found against Salt Lake
City; provided, however, that said grantee, its successors and
assigns, shall have had notice of any such suits, and an opportunity
to appear and defend toe sae; and said grantee, its successors and
assigns, shall appear in and defend all actions brought against Salt
Lake City for any injury or damage by reason of the construction,
operation or maintenance of said spur track.
SECTION 5. The franchise is granted for a period of fifty (50)
hears from and after the approval of this ordinance.
1
-3- .
SECTION 6. Unless this grant and all the terins and conditions,
thereof shall be accepted in writing by the grantee herein within
'thirty (30) days from the approval of this ordinance, and unless said
track be constructed within one pear from the date of such approval,
then this ordinance shall be null and void.
-.9 .94.2(4 7. This `ordi,pance, shall take effect upon approval. '
•
i , .::( 4 `p ,,mayy
Pe4sed by hd City .p cil(of 3 "1t? Lake C1.41,glSalk
`' y''elle let, 1908 rani f'e. 51, to e Mayor for 1 o lV
s
%j /,,c y Recor r.
Appr.Oved thio - da7 of September, ly08.
/?'
'a;or.
W
A, o
1 BUr6idge n �/
2 J , `y�� -
s /gyp
cry^�„ ,� p, 9 1
64.a
7 f, Jouf' Sf
i',-,/-Roi/VYrry
,
-shver'tmoot - .
.I
N
4,cc tn
64Cd-M E T % 8
1.
9.
•
y1
R
N
III J '
y\�
P LA'iT A. `k.
'4••
I'a
f
_ 14.
�f
,
•
•
^ 2035' ' _
P t-f-ic/r Phe%n
06•E'd/885
q. 4� A 3. 2 I
tre.14 /,'=/a0. - Aug.2/f.--off.
',,.•
-., . 1 i 1 :', ,, r, ,- ::?,'). ; , ' i ,: : , : -•,. ,::,, '' •:: '-'••",, ,'., . i'.,..';':
I. He) ' —,i 1 , i • ,E,: (1,1, l, r,) z-: :H ".'') i'",', t( ,,' ''. ' '.' (
• H- " ii,)'' ., ' ;?I , ' ! ",r.": "' —Ti. .,'"',1 : i,'""(.0
1,i,,,,, ' I 1! - I ,•' ' '-, 1. " '0 lifi' . ',
L. : \ • : Z\ Z
W i' !). •""....,:::: I, 1......„4.
N, ,....,
,...,
:1''1471: Crn." ') ' 1 ' ... ' • i N) i 1 . .:')'-'to yl k,
a tri 1 - Ori1/4"• i Zr, '• c-)
- 7, ' \ ,lat N '' , .•,-
.
'...' ''''','''- ‘• -:..'s\'•.--,' •
.. ,,
1,
\ 1
. 1