26 of 1923 - Franchise to Denver And Rio Grande Railroad Company spur track at 5th West and 5th South Streets ROLL
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VOTING AYE NAY Salt Lake City,Utah, -I" 5 ,192
Barnes
I move that the ordinance be passed.
Burton
Green
Stewart
Mr. Chairman
Result
"ALL
AN ORDINANCE GRANTING TO THE DENVFR AND RIO GRANDE WESTERN
RAILROAD COMPANY ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT,
OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD TRACK OVER AND ACROSS..
ITITH SOUTH STREET 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 granted to
The Denver and Rio Grande Western Railroad Company, its successors
and assigns, to construct, operate and maintain a standard gauge
railroad track over and across Fifth South Street and Fifth West
Street in Salt Lake City, Utah, the center line of said track being
more particularly described as follows:
Beginning at a point on the center line of the present operated
spur track of said Railroad Company, said point being 51 feet
south and 33 feet east from the monument at the intersection of
Fifth South and Fifth West Streets; thence turning out northerly
on a curve 61 feet to point of#7 frog (angle 8 Deg. 10 Min.);
thence continuing north 28 Deg. 40 Min. east 8 feet;thence:on a
30 Deg. curve to the left 57 feet being a total distance of 126
feet to the north side line of Fifth South Street at a point 85
feet east from the monument line of Fifth West Street,whence •
said track will continue northerly about 254 feet through Lot 2
to a point in Lot 3 Block 45, Plat "A", Salt Lake City Survey,
Salt Lake County, Utah.
The location of the center line of said track is more particularly
shown in yellow upon the attached print, which is hereby made a part
of this ordinance.
Section 2. During the term of this franchise the grantee shall
be subject to the following conditions:
(a) That said track shall be laid over and across said streets
so as to not interfere with vehicle traffic over same, and that the
approaches to said track shall be properly graded with such material
as may be approved by the Board of Commissioners.
(b) Whenever said streets where said track is constructed shall
be paved, re-surfaced or repaired, then said grantee, its successors
and assigns, shall pave, re-surface or repair between the rails and for
a space of 2 feet outside of each rail with the same kind of material
used on the said streets, or with such other material as may be ap-
proved by the Board of Commissioners, and all ties. shall be laid upon
a conorete base of such thickness as shall be directed by the City
Engineer.
(c) The said track shall be laid and the road operated so as to
cause no unnecessary impediment to the common and ordinary use of such
streets upon which it is laid.
(d) Salt Lake City reserves the right to regulate and control the
speed of all traine, engines and cars operated by the grantee, its
successors and assigns, upon the said track.
(e) That if in putting in said track said grantee shall remove or
in any manner interfere with the pavement, sidewalks, curbs,or gutters
on said streets it shall replace such pavement with the same or such
other material as shall be ordered by the Board of Commissioners and
shall rtpla.ce such sidewalks and such curbs and gutters to the satis-
faction of the Supervisor of Streets, and shall so core tkct 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 track as' shall from time to time be required by the Board of
Commissioners.
(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 track, so as to admit of free passage of
water.
Section 3. Nothing in this grant shall be so construed as to
prevent Salt Lake City or its authorized agents, contractors, or per-
son or corporation to whom a franchise may have been or may hereafter
is,granted, from paving, sewering, laying gas or water maina,pipes or'
s, altering, repairing or in any manner improving said streets.
Section 4. d
, •, Said grams heon, its successors and assigns,shall
t?' the acceptance of t priv;3ile es and franchises herein granted,
+ali& consideration of the.�.seone s bind itself, its successors and
Aims, upon its acceptanc4 f W;franchise, to save said City harm-
le, 4rom all suits, claim "` en►ajn sy",and judgments whatsoever,whether
or in equity, which h�t3;l ;bsserted,found or rendered in any
n i whatsoever, against a, 4_ct `for injury or damage to abutting
. ty, personal injuriee'o i A se, by reason of the granting of
�, h s ran chile, or by reaso xd ;,- ons ruction or operation of said
° and that the granteetddre n dts successors and aseigns,will
e amount of any judgm nt, termination or adjudication, which,
flp suit or proceedings, msy or shall be found against said Salt
ity, provided, however, that said grantee, its successors and
ae s, shall have had notice of any such suits, and an opportunity
' a.P ear and defend the same, and said grantee, its successors and
signs 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 track.
Section 5. This franchise is granted for the period of twenty-
five years from and after the passage of this ordinance,provided, hoar
ever, that if for a• period of nine consecutive months during the life
of this franchise, said track is not used,or if there is a substantial
abandonment of the use of said track for said purposes, said franchise
shall be voidable at the option of the Board of Commissioners; and if
so ordered by the Board of Commissioners, said track shall within
thirty days thereafter, be removed and the streets restored to a
condition uniform with the balance of said streets with respect to
grade, materials and construction, and to the satisfaction of the
Supervisor of Streets. In the event of failure of said railroad
company to remove said track and restore said streets upon such
notice, and within said thirty days, the said work maybe done by
Salt Lake City at the expense of said railroad company.
Section 6. Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the grantee herein within thir-
ty days after the taking effect of this ordinance, and unless such
track be constructed within one year from the date of such passage,
then this ordinance shall be null and void.
Seotic•n 7. In the opinion of the Board of Commissio: s, it is
necessary 'o. rh, peace, health s... :safety of the inhabitan, of Salt
Lake City GLrit this ordinance becc._;. , effective immediately.
Section 8. This ordinance shall take effect u pon it� publication.
Passed by the Board of Commissioners of Salt Lake City,Utah,the
25th day June ______ �9�3.
CTTY ltF ORDER. ���
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