29 of 1920 - Denver and Rio Grande Railroad Company for spur track in 5th West between 2nd South and 3rd South ROLL CALL, •, _
VOTING ;AYE j NAY j
Salt Lake City,Utah, , 192
Burton
i-711
Crabbe I move that the ordinance be passed.
Green
Neslen
-7?
Mr. Chairman
Result
ROLL CALL
VOTING' AYE NAY
Salt Lake City,Utah, March 16, ,
Burton ,`}
Crabbe I move that the ordinance be passed.
Green
Neslen
Mr. Chairman /
?:0 Result AN ORDINANCE
An ordinance granting to the Denver & Rio Grande
Railroad Company, its successors and assigns, the right to
construct, maintain and operate a single spur railroad track
on Fifth West Street, between Second and Third South Streets
in Salt Lake City, Utah.
Be it ordained by the Board of Commissioners of
Salt Lake City, Utah:
SECTION I. A franchise and right of way is hereby
granted to the Denver & Rio Grande Railroad Company, its
successors and assigns, to lay, construct, maintain and
operate a standard gauge spur railroad track on Fifth West
Street between Second and Third South Streets in Salt Lake
City, Utah, on a route the center line of said spur track
being more particularly described as follows:
Beginning at a point on the center line of
the grantee's present track between Second and Third
South Streets on what was formerly the west half of
Fifth West Street 7 feet west from the monument line
of Fifth West Street and 387.8 feet south from the
monument line of Sec a'id South Street; thence extend-
ing northeasterly on a 30° curve to the right inter-
secting the center line of Fifth West Street 327.E
feet south of the monument line of Second South Street;
thence continuing northeasterly on said 30° curve to
the right 116.5 feet intersecting the east side line
of Fifth West Street at a point 234.E feet south from
the monument line of Second South Street, whence said
track will continue northeasterly about 180 feet onto
Lot 5, Block 63, Plat "A" of Salt Lake City Survey,
all as shown on attached blue print, the portion on
Fifth West Street being indicated by a solid yellow line.
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SECTION II. 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 conform
to the established grade of the street and if the said grade is
afterwards changed by ordinance of the Board of Commissioners
the grantee shall, at itw own expense, change the elevation of
the track to conform thereto.
(b) Whenever the street where the said spur track is con-
istructed shall be paved, repaved, resurfaced or repaired, the
, grantee, its successors and assigns, shall pave, repave, resur-
face or repair between the rails and for a space of 2 feet out-
side of each rail with the same kind of material used in the
street pavement or with such other material as may be approved
by the Board of Commissioners, and all ties shall be laid upon
a concrete base of such thickness as shall be directed by the
City Engineer.
(c) The said spur track shall be laid and the road operate.
so as to cause no unnecessary impediment to the common and
ordinary use of said street upon which it is laid, and oars and
engines shall not be permitted to stand on the said track in
Fifth West Street.
(d) Salt Daka City reserves the right to regulate and con
trol the speed of all trains, engines and cars operated by the
grantee, its successors and assigns, upon the said track.
(e) That if in putting in said spur track said grantee
shall remove or in any manner interfere with sidewalks, curbs
or gutters on said street it shall replace such sidewalks, curb.
and gutters to the satisfaction of the Supervisor of Streets an.
Irrigation, and shall so construct gutters that they will allow
free passage of water.
(f) Said grantee shall put in and maintain such crossings
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over the agar 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 the free passage of water.
(h) The grantee shall gravel and maintain in good conditio, ,
at the established grade, the street over which ,said spur track
!runs, to within one and one-half inches of the top of the rails
and between said rails and on each side of the outer rails for a
distanoe of 26 feet, subject to the approval of the Supervisor
of Streets & Irrigation.
SECTION III. Nothing in this grant shall be construed
Ito prevent Salt Lake City or its authorized agents, contractors,
Ior person or corporation to whom a franchise may have been or
may hereafter be granted from paving, sewering, laying gas or
water mains, pipes or conduits, or altering, repairing or in any
manner improving said street.
II SECTION IV, Said grantee, its successors and assigns,
shall, and by the acceptance of this franchise and in considera-
tion of the alma, does bind itself and its successors and assign:
upon the acceptance of this franchise to save Salt Lake City
harmless from all quits, claims, demands and judgments whatsoeve ,
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
property 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 adjudica-
i
tion, which, in any suit or proceeding, may or shall be found
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gainst said Salt Lake City, provided, however, that said grante4,
its successors and assigns shall have notice of any such suits
nd an opportunity to appear and defend the same, and said
ante®, its successors and assigns, shall appear in and defend
11 actions brought against Salt Lake City for any injury or
amage by reason of the construction, maintenance or operation
of said spur track.
SECTION V. This franchise is granted for a period of
wenty-five years from and after the effective date of this
- rdinance, provided, however, that if for a period of nine eon-
eeutive months during the life of this franchise said spur trap
s not ubed for the purposes for which this franchise is granted
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or if there is a substantial abandonment of the use of said spur
track said 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 removed a
the street restored to a condition uniform with the balance of
aid street with respect to grade, materials and construction
d to the satisfaction of the Supervisor of Streets & Irrigatiorj.
In the event-of failure of said railroad company to remove said
track and restore said street upon such notice, and within thirt
days, the said week may be done by Salt Labs City at the expense
of said grantee, its successors or assigns.
SECTION VI. Unless this grant and all the terms and !�
conditions thereof shall be accepted in writing by the grantee
crein within thirty days after the taking effect of this ordin-
ance, and unless such track be constructed within one year from
such effective date then this ordinance shall be null and void.
SECTION VII. This ordinance shall take effect thirty-
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one days after its passage. ��
i Passed by the Board of Commissioners .Salt Lake Ci
IIItah d y of rah, A. D. 1 0.�
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