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20 of 1922 - Franchise to Denver and Rio Grande Railroad Company spur track 4th West, 7th and 8th South • AN ORDINANCE. • An ordinance granting to The Denver and Rio Grande Western Railroad. Company, its successors and assigns, a free- . chine_and right-of-way to construct, operate an&mai�}tain a . standard gauge .spur railroad track aver and across Fourth West Street- between Seventh and Eighth South Streets, 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 granted to The Denver and..Rio Grande Western.Railroad Company and to its successors and assigns,. to lay, construct, operate and maintain a standard gauge.,spur railroad track across Fourth West Street between Seventh and Eighth South Streets, in Salt Lake City, Utah, the center line Of said epur track being more particularly described as follows: Beginning at a point on the center line of the present operated main.track of The Denver and Rio-Grande Western Rail- road in Fourth.West. Street between Seventh and Eighth South.. • Streets, said point being five .feet West and 70.5 feet South from the monument..at the intersection of the monument lines of said Fourth West Street and. said Seventh South.Street;' thence turning: out'Weaterly on a curve 62 feet to.point.of No.. 7 fro angle S deg. 10 min. - thence continuing Southwesterly on a_3b • deg.. curve to_the..righ t 122 feet, a total distance of 184 fest to the West side line of said Fourth West Street. et a point 240.3 . feet South..from. the monument line of.Seventh_.South Street . whence said track Will continue Westerly about 416 feet through Lots Eightfold Seven to .a point in Lot Six,. Block Ten, Plat "A", Salt Lake. City Survey, all as. shown on attached blue print. The,por tlon of.said traek.in said Fourth West Street. being indicated by a a01i4.yeUow 'line and th'e_ portion of said track in said'.hots. Eight and. Seven being indica,ted.by a broken. yellow line. 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 con- form to the grade of said street and if..the said grade is after- ward changed by ordinance of. the Board of City_.Commisaioners_the grantee shall,. atita own expense', hange th.e elevation of the . track so sate conform to the same. (b) Whenever said street wh said spur track is constructed shall. be paved,-resurfaced or repaired the grantee, its. successors and assigns, shall pave,-resurface or repair be- tween.:the rails .and.for a space of.two,•fe.et outside of each rail with..the. same_.material. as that. used..in the..street. pavement or with such other material- as may. be. approved by the Board of Coax missioners, , and all ties shall be laid upon a concrete base of. such.thickz ess. a - the. city engineer shall direct. track (c) The said spur shall be laid and the road operated • so as to cause no_ unnecessary impd;timent..to.the. coannon and ordinary use.of the street'upon. ioh.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. 20 (e) That if, in putting in said spur track, said grantee shall remove or in any manner interfere with the side- walks, curbs or gutters on said street, it shall replace such sidewalks and such curbs and gutters 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. (f) Said grantee shall put in and maintain such crossings over said spur track as shall from time to time be required by the Board of City Commissioners and cars and en- gines shall not be permitted to stand on the track across Fourth West Street. (g) Good and sufficient conduits to convey water shall be laid and maintained in good condition at the expense of said grantee in all 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 to prevent Salt Lake City or its authorized agents, contractors or anyone to whom a franchise may have been or may hereafter be granted, from paving, sewering, laying gas or water mains, pipes or conduits, altering, repairing or in any manner improv- ing said street, but such improvements shall be made with as little injury as practicable to said spur track and its opera- tion. Section 4. Said grantee, its successors and assigns, shall and by the acceptance of this franchise and in considera- tion of the same does bind itself and its successors and assigns, upon the acceptance of this franchise, to save Salt Lake City harmless from all suits, claims, demands and judgments whatso- ever, whether in law or in equity, which may be asserted, found or rendered in any manner whatsoever against said City for injury or damage to abutting property or for injury to person or pro- perty by reason of the granting of this franchise or by reason of the construction, maintenance or operation of said spur track, and the grantee herein, its successors and assigns, will pay the amount of any judgment, determination or adjudication which in any suit or proceeding may or shall be found against said Salt Lake City: provided, however, that said grantee, its successors and assigns, shall have notice of any such suits and an oppor- 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 any injury or damage by rea- son of the construction, maintenance or operation of said spur track. Section 5. This franchise is granted for a period of twenty-five years from and after the passage of this ordinance: provided, however, that if for a period of nine consecutive months during the life of this franchise said spur track is not used for the purposes for which this franchise is granted, or if there is a substantial abandonment of the use of said spur track, said • �,(/ i/`J{ franchise shall be voidable at the option of the Board of Commissioners; and if so ordered by the Board of Commissioners, said spur track shall, within thirty days thereafter, be remov- ed and the street restored to a condition uniform with the bal- ance of said street with respect to grade, materials and con- struction and to the sati agt ion of the•szpervisor of streets. ,1 con- ,. - aew nt o f failure o said Ra. •at(3mpany A' • remove said track restore said st upon : fi h ice : , ithhn thirty 0 < .dhh *aidawock may be by v-y City'the xtent ` 'b ..6 grant ,a its st�,=ce �re••or IT-i a Sec 6. 17 I i s - ��.• d`�y`ll ' to ann.- �1co , orn thbr f sha ) �jCc t`:.f 3�3g e d r-herpitt,withint2F rt r h= � ec t 1 t\� Sriar�c nd unl such t ns 193w iri in y �Hsu fectiv te; t- e s di' ea b 1 aaa. d 7 0 � , :, Sep^iq-, `, opinion R tR.e Board , • dt necessa ohe- q , health a$ safety of a .. abi(t 6 ▪ b f t Lake •CiN that -Oats dinanee becolme effective- mmed&at ly. ', t• ) ( ,-, •r J-9 -. 1 Seo i® 8. This ordinance shall take aeffect upon'its y pti ' ?at ion w �/ ��. �—�y ,>_., :., , Passed by the Board of Commissioners of Salt Lake City, Utah, .H,)'! , 1922. • i y eeorc ear: 1 V nz / 7 6C /n7a� 4 4 o ac 0� S sa� yes *F 1 y7/ ti , " . 7 . .09.9 ker �• 1 1 ._,:„,,,)ti A ti V j `w y i, i -Us is I Wt h, sr (Ni - I i Y II �» 1 M r I I i — —1`- —' — - I �p — 1— _i,, 1 —— r l fII I ` 4ay sr-'° uort{ddyS g 1 CN m o,6jpr b,/d Li/y�o AJ ad d�9,{ 'snr , 3 ► w I OO 9 3., 1 Cr) ---- --- — ~I I a n 0 9/ • 0 ': aI \ 511-1 .,._ o C I __ -- J1 y. or�z v a>/YJO O/ 'I y a 1 ralo>s e ' \ I I (n 0 o]rn�.0 8 1�'/ �1' 3 I _ �i/ i : q 1 1- JO 1ti / N I F i\ W / I - 1 E ., ;f 1 - h f9 Y ,ocr. _ - fE .kO*2. Aw ", �M 1. • ?, ' `ice/ I C -2S`b . u r I I �, ' S 1 s aifif qil fr 1 (�� n p�//�_.d o /; v •,vv /am•__ /r B9 II: I 0 x U r i 1 W o N I� NI 3- I ' (� I a� o f ,OW `i// - a/b.2S 4 I Q.ti P N -7J-JbI7 7f/S 4 k % I I 0 F Pe II of .ca AD pays-H o'nM-- F u I 1 aIIu1 f YPaY S ua6hoI �-V. a II -I � (ICI M 1 0 M. I rdinanct ''‘C.1-1 "• 11`. :It=:• • 1'Y-seated in the'lord c,f rs as,d TIOPTIle=ke-a/ - . . -1922 orry RELIIMPICH Presented to tho Board of Corritnissionors and rofolnal--tet„..-6- ts- . • ':71 I 4 1022 Pros. s Dad retorto‘ta t mAR 1.:.1922 OIT mm0130101 Propontatt to the Board of Commitione's AND PASSED • MAR 1 61992