120 of 1903 - Ordinance 120 of 1903 – Franchise, Rio Grande Western Railway Company, right-of-way in certain str •
SILL IiU;fl;ER -V 0 FOR AN ORDINANCE
Confirming and granting to The Rio Grande Western Railway
Company a right of way in certain streets in Salt Lake City,
Utah, to construct railroad. tracks, a passenger depot and to
vacate certain streets.
BE IT ORDAIIIND by the City Council of Salt Lake City,
Utah:
SECTION 1. That the franchise heretofore granted to the
Salt Lake & Fort Douglass Railway Company and its micceosors
and assigns to construct and operate a line of railroad in
Fourth 'West Street from Eighth South Street to Fifth North
__ L lr
Street and thence northwesterly across streets of the city to
Ninth North Street, with side and switch tracks and connections,
and to which franchise and right of way The Rio Grande Western
Railway Company has become the assignee and. successor in interest
of the grantee, is hereby confirmed and granted to the last
named company, its successors and assigns, but under and subject
to the limitation that the main track of said company in said
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street from the south side of North Temple Street to the north
;side of Fifth North Street, shall be laid and maintained on the
westerly side of the track of the Oregon Short Line Railroad
Company, as now located in said street; and the further right
of way is hereby granted to said company, its successors and
,assigns, to lay, maintain and operate, on the west side of the.
right of way above confirmed and granted, with side and switch
!.tracks, cross—ovens and connections, an additional standard
gauge main track on Fourth !'lest Street from Eighth South Street
to fifth North Street, and thence northwesterly across streets
of the city to Ninth North Street, and from the last named point :
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(2)
a main standard gauge double track line across streets of the
city northwesterly to a connection with its main line as now •
located, at or near Lincoln Avenue, in Superior Addition to
Salt La>e City, the intent hereof being to grant to said company
a right of Way to lay, maintain and operate, with necessary
side and switch tracks, cross-overs and connections, a main
standard gauge double railway line on Fourth Pest Street, from
Eighth South to Fifth North Street and thence northwesterly
across streets of the city to a connection with its main line
as now located, at or near Lincoln Avenue in Superior Addition
to Salt Lake City; and a further right of way is granted to
said company, its successors and assigns, to lay, maintain and j
operate, between Fourth and Fifth ;forth Streets, on Fourth 'Test
Street, a cross-over track to connect with the tracks of the i
Oregon Short Line Railroad Company.
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P'ROVIDID: That the Rio Grande Western Railway Somoany shall arbitrate all
fliamar_3,es caused on said Fourth West Street by reason of la,yinT c.uch doable track.
ny peraon so damaged-may select one competent and diaint•ere tad arbi'ara;or,
such railway company ahall make a like selection, and they two shall select a
third; and the majority award shall be final; the proceadioa shall be accordin:
to the statutes of Otah on arbitration and award.
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double railroad track on Fourth West Street, from a point in
said street north of Eighth South Street and running thence
south on Fourth West Street to the south side of Tenth South
Street, with the right to diverge southwesterly from said street
and toward a connection with its main line as now located, at
any point between Eighth and Tenth South Streets, and to cross
' any streets in the city on the line of said divergence and to
the line of said.. connection. •
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SECTION 3. A franchise and right of tray is also hereby
granted to The Rio Grande "Western Railway Company, its successors ]
and ensigns, to construct in and across Third South Street,
between Fourth West and a line north and south across Third
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South Street, 330 feet east of the east side of Fourth nest
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(a)
Street in said city, a passenger depot, with approaches and
accessories required, and to maintain and use said buildings
and their approaches and accomiroclations, as a passenger depot
• building; and also to construct, maintain said operate in said
city a railroad in said part of Third South Street and on the '
wont half of Blocks 47 and 62, Plat "Au, Spit Lake City Survey,
and on the east side of Fourth Test Street between points 410
foot north of the north line of Second South Street and 410
feet south of the south side of Fourth South Street, with as
many main, side, switch and connecting tracks as may be
required for ingress and egress of trains to and from said
Passenger depot and for the convenient use and accommodation
thereof, including the right to lay, maintain and use such
side, switch and connecting tracks as may be necessary, across
Second South and Fourth South Streets, near their connection
with Fourth "lest Street; provided, that at no time shall the
grantee herein at.low any railway coaches or other rolling stock
to remain standing on said Second South Street or Fourth South
y_. ! Street.
Such railway company shall build and maintain en eieectad coot ,+e.y or .
bridir. to sccosmo;i-tr+ loot par n_. _ esir n.. l n'_ l ! ... South
bete,nsn some convenient point in ibu_In Sot cone nion
n int ' ...,.r;nn Third aryl Tourth _ n c oc_ -, thro _h or
u tin oro,. or: ,' .,:,.: station or ;u:.n reli -.r o. -asi, ;,-1 cc.c the
u.3:: i.n Gon;.. .,.,ica i:cr.:iith.
Si 0TiOC 4. Taac •cite easterly half Of Fourth West Street
between the south side of Second. South and the north side of
Fourth South Streets, including the sidewalk, and also Third
.South Street, including the sidewalks, between Third and Fourth
West Streets for a distance of 20 rods east of the nest boundary
of Blocks 47 and 62, Plat "Af, Salt Lake City Survey, be and
:the same are hereby vacated as public streets and closed to
'public use and travel, and the exclusive right to occupy and
:use the sane for railroad and depot purposes is hereby granted
to the The Rio Grande Western Railway Company, its successors
and assigns; provided, however, that streets not less than 66
feet in width be Made and provided by the grantee over the lands
belonging to it and lying easterly of and adjoining the said
(4)
depot buildings, and extending from Third South Street southerly
to Fourth South Street and northerly from Third South Street to
Second South Street, the same to be dedicated to the public use
and to be maintained by the city as public streets during the
Period of this franchise and so long as the said passenger
depot shall be maintained :.rui operated.
PSCV1 D: `1w Oon!,.01Pal iei.tw,.y z Po,r So.,n7, ,y, in :1�-, r
,a o
[r ac16.,=,, on tn., narti(in o'r.' 'P'biri Sou''A Sereei ,o 31. , is hby
p0..-77 [tar said non
sough, ih Cm:, t,c be V ha r., lannbil
;il': t r..•nnnh1.-.. now enjoyed by spool) ,T.3G rni1wr.y _coachDo P9ij
South Street,.
SECTION 5. Pu ins; the term of this franchise the said
grantee shall be subject 'to the following conditions, viz,:
First — That said railway tracks shall be laid upon and
conform to the established grade of the several streets upon
which they may be laid. and if said grade is afterward changed
by order of the City Council, the grantee shall at its own
expense, change the tracks so as to conform to the same, and
shall between Ninth South and Fifth North Streets keep the
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rood ballasted with gravel to within two inches of the top of
the rails, provided that whenever any of the streets along
which the railway tracks are built shall be paved, then said
grantee, its successors and assigns, shall pave between the
rails for a space of two feet outside of each rail, with the
same material as that used in the street novc.lent;
v7.sioil.`; 'reeve contained in reference to ballasting and paving
shall not be neeiaed to include tae portions of str,et,,
are herein vacated as public streets.
Second — That said br•antoe shall gravel and ..Laintain in
good condition at the established grade, the streets exclusive
of the sidewalks along, Ihioh the tracks run, sobj,not to ':he
approval of the Supervisor of Streets.
Third — Said „rantee shall ;eit in and maintain such
crossings where the line of railway tracks intersect the streets
a1 said city a., a.ha23. iron tizie to tine be required by the City
"Free.
Council.
Fourth — The tracs shall lee laid and h0 road operated
so as to cause no unnecessary impediment to the cornrton and
c i
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(5)
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ordinary use of said streets uDon which they are laid, except 1
. , as hereinefore provided.
_1. ..,
Fifth- 1110- said grantee, its S113.3sf?.er',', and resides, shali ie:y en
maintain sufficient boxes or oioes to convey all the sets roduirei to floe
alond the said streets crossed by said. railway tracks, the sae to f::: of such
dimensions as sill permit the free passae of all eater ordinarily flowing • -
in or alor. such stvt-,:,,, inoludini all =% ra:-..i,;5_,, crossed as well es those not
cross:3d, and where sail boxes or pipes are laid along the lines 0e straets
now existing, cut which may be hereafter closed under the terms ce this
franchise. the said drantee, its. successors and as'i..ins :shall, during tha
lira ofthis franchise, maintain and ecec sail boxes or close is ran , :,,y,..e,
tha.-2;11 or under those portions of such streets closa under the e se ol
this franchise ass shell ts,:i us,o.d and cx.v.luoied by the ,ranbae., its SLI3(2. C2
or assigns. 7. i,
3ixth- 24). said grantee, its s033essorE or alsigns, hereby waive the
ribb and privilege to ever orotest a,4int the scarlet of such two new strsIts
to be openel'notb and :c‹.)uh a. aforaid.
SECTIOII G. That the east half of Sixth ;`lest Street
between the south side of Sixth South Street and the north side
of ,Ninth South Street, including sidewalks, and also the west
half of Fifth West Street between the south side of Second South
i
Street and the north side of Ninth South Street, including side— 1
walks, (excluding in both cases east and rest street intersec—
fi
tions now legally open,) be and the sane.are hereby vacated as
public streets and closed to public use and travel and the ex-
1 elusive right to occupy and use the same for railroad and. depot
purposes is hereby granted to The Rio Grande iestern Railway
Company, its successors
and assigns.
Section 7. : he despot or passenger station herein referred to, and -which the ?rant.=: herein is proposing to construct shall erret when completed
not less than two hundred thousand dollars.
Section 9. The said grantee, its successors ai.aligns. shall, within
sixty days from the approval of this ordinance, accept in writing, filed with
tn'J City Recorder, this franchise an rants and privileges herein given,
together with the conditions upon it binding, and shall within one year from the
date of such acceptance commence the actual construction work on its yards,
depot, shops and buildings, and complete the same -:rithin five (5) years ;
PdOVIDiD: that a: failure to accept this fcwnchis: , or ?. failure to com:Doncm
+ork,and complete the same as herein provided and within the tine limits,
so:_ci.fied, shall work a forfeiture of all rights of the grantee hsrc,unfer.
Section 9. phe rights and franchise hereby confirmed and treated are for
the term of one hundred years from and after the passage of this ordinne .
Section 10 If this grant be not accented on or 'before the _D — day
of December, 1903, the same shall be void and of no effect.
Section 11. This ordinance shall_ta.k_ effect from and after its p.assase.
Passed by the City Council of Salt Cake City, ,Utah, 0 ober 5th, 1903,
and referred to the Mayor for his a.00roval.
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ADO-. '6)6J thie day of October, 12(r.
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