23 of 1909 - Ordinance 23 of 1909 – Franchise, D. & R. G. R. R. Co., spur track in 6th West and 1st South Stree AN ORDINANCE
GRANTING TO TEE DENVER AND RIO GRANDE RAILROAD COMPANY,
AND TO ITS SUCCESSORS AND AS ,IGNS, ON TEE PETITION OF
THE RIO GRANDE LUMBER COMPANY, A FRANCHISE AND RIGHT OF
WAY TO CONSTRUCT AND OPERATE A SPUR RAILROAD TRACK IN
SIXTH WEST AND FIRST SOUTH STREETS, IN SALT LAKE CITY,
UTAH.
BE IT ORDAINED BY TEE CITY COUNCIL OF SALT LAKE CITY, UTAH:
Section 1. A franchise and right of way is hereby given and granted
to The Denver and Rio Grande Railroad Company, and to its successors and
assigns, to lay, construct and operate a spur standard gauge railroad
track upon the streets hereinafter described, to—wit:
Commencing at a point in Lot 7, Block 48, Plat "C," Salt Lake City
Survey, near Fifth Vest Street between First and Second South Streets,
in Salt Lake City, Salt Lake County, Utah, and running thence in a general
northwesterly direction on a 17 degree 20 minute curve through said Block
48 and into and partially across Sixth West Street, to a point on Sixth
West Street about 140 feet north of the center of the intersection of
First South and Sixth West Streets, to connect, with the grantee's main
line of railroad at said last named point, said spur being about 980
foot in length, and being delineated by a yellow curved line on the blue
print map hereunto annexed and made a part hereof.
Section 2. During the term of this franchise, the grantee shall be
subject to the following conditions, viz.:
(a) That 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.
(b) Whenever said street where such track is constructed shall be
paved, then said grants, its successors and assigns, shall pave between
the rails and for a space of two feet outside of each rail, with the s-
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material as that used in the street pavement.
(c) Said grantee shall put in ane maintain such crossings over
said spur track as shall from time to time he required by the City Council.
(d) The said spur track. shall be laid, and the road operated, so
as to cause no unnecessary imeediment to the common and ordinary use of
said street upon which it is laid.
(e) Good and sufficient boxes to convey water shall he 1F, ,1 and main-
tained 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 so as to prevent
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Salt Lake City or tsAaut..horized agents from paving, severing, laying gas
or water mains or pipes, altering, repairing, or in any manner improving
said street, but all such improvements 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 consideration of the same does bind itself, its successors and assigns,
upon its acceptance of this franchise, to save said City harmless from all
suits, claims, demands and judgments whatsoever, whether in law or in
equity, 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 as-
signs, will pay the amount of any judgment, determination or adjudication
which, in any suit or proceedings may or 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 the same; and said grantee, its successors and assigns, shall appear
in and defend all action; brought against Salt Lake City for any injury or
damage by reason of the construction, operation or maintenance of said
spur track.
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Section Ci. This franchise is granted for a period of fifty years
from and after the approval of this ordinance.
Section 6. Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the grantee herein within thirty
days from the approval of this ordinance, and unless said tracks be
constructed within one year from the date o:r wicb approval, then this
ordinance shall be null and void.
Section 7. This ordinance shall take effect upon approval.
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Pas:.ed by the City Council of Salt Laku C_ty,Utah, March 1st, 1909,
end referred to the Yayor for his approval.
- ty Recorder
Daputtiy
Approved thin v),-- rites of Burch, 1909.
M you pro tern.
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Publication in
CAP,5-1909
J, B. MORETON,
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