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3 of 1924 - Granting a franchise to the Denver and Rio Grande Railroad Company for seven tracks across west 6th VOTING AYE NAY Salt Lake City,Utal.LAN 2' kJ Barnes I move that the ordinance be passed. Burton Green 2.1 Stewart Mr. Chairman Result 3 AN ORDINANCE GRANTING TO THE DENVTR AND RIO GRANDE WESTERN RAIL- ROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN SEVEN STANDARD GAUGE RAILROAD SIDETRACKS OVER AND ACROSS SIXTH SOUTH STREET AND TWO STANDARD GAUGE RAILROAD SIDETRACKS OVER AND ACROSS SEVENTH SOUTH STREET, ALL BETWEEN FIFTH WEST STREET AND SIXTH WEST STREET IN SALT LAKE CITY,UTAH. ' BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF SALT LAKE CITY, UTAH: 1 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 seven standard gauge railroad sidetracks over and across Sixth South Street and two standard gauge railroad side- tracks over and across Seventh South Street, all between Fifth West Street and Sixth West Street, in Salt Lake City, Utah, the' center lines of said tracks being more particularly described as follows: DESCRIPTION OF TRACKS. The lettered designation of tracks refers to the attached blueprint. Distance east from monument Track. line of Sixth West Street to Direction of Track Street point of intersection of cen- crossed. ter line of track with east and west monument line of street. A 12.0 Due north and south Sixth South B 129.96 South 18 deg.38 min.east Sixth South C 160.25 Due north and south Sixth South D 225.05 Due north and south Sixth South E 289.85 Due'north and south Sixth South F ;;;;; Due north and south Sixth South 2( G 12 deg.26 min.curve Sixth South particularly described below. H This track is to be abandoned. K 12.0 Due north and south Seventh South L 399.0 South 18 deg.38 min.ea.st Seventh South CENTER LINE OF TRACK "G": Commencing at a point on the south line of Sixth South Street 489.65 feet east of the monument line on Sixth West Street; - 1/, ' thence running due north three feet; thence on a 12 deg. 26 min. curve to i n✓ the left(1j1).9 feet more or less to a point on the north line of Sixth / ' South Street, said point being 471.03 feet east of the monument line on Sixth West Street. , The location of the center lines of said tracks is graphically shown in yellow upon the attached blueprint which,is hereby made a past of this ordinance. I -, 1 Section 2. During the term of this franchise the grantee shall be subject to the following conditions: (a) That said tracks shall be laid over and across said streets so as not to interfere with vehicle traffic over same and that the ap- proaches to said tracks shall be properly graded with such material as may be approved by the Board of Commissioners. (b) Whenever said streets where said tracks are constructed shall be paved, resurfaced or repaired, then said grantee, its successors and assigns, shall pave, resurface or repair between the rails and for a space of two feet outside of each rail with the same kind of material used on the said streets: 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 tracks 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 they are 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 suc- cessors and assigns, upon the said tracks. (e) If in putting in said tracks 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 re- place 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) That said grantee shall put in and maintain such crossings over said tracks 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 eceense of said grantee in all water ditches crossed by said tracks so as to admit of the free passage of water. Section 3�., Nothing in this grant shall be so construed as to prevent Salt )akb City or its authorized agents, contractors or 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 con- duits, altering, repairing or in any manner improving said streets. Section 4. 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 sage 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, personal, injuries or otherwise, by reason of the granting of this franchise or by ream n of the construction or operation of said tracks and that the grantee herein, its successors and assigns, will pay the amount of any judgment, determination or adjudication which in any suit or proceedings may or shall be foundagainst said Salt Lake City,pro- vided, however, that said grantee, its successors and assigns,shall have -2- 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 actions brought against Salt Lake City for any injury or damage by reason of the construction, operation or maintenance of said tracks. Section 5. This franchise is granted for the period of one hundred 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 any of said tracks is not used, or if there is a substantial abandonment of the use of any of said tracks for said purposes,said vsi4 Abe voidable as to any such track not used or substantially aba d ec� a option of the Board of Commi:dinners; and if so ordered by h a a $ Commissioners any sich track not used oa substantially ab d d s 1 within thirty : ays after its being so ordered, be removed a ttl% s r�testored to a condition uniform with the balance of said str wi a ect to grade, materials and construction and to the sat dt o o the Supervisor-of :Streets. In the event of failure of said R• ' d om to remove such track and restore said street upon such �D an n said thirty day"s}_ the said work may be done by Salt 3 k ' }ty a the expense of said R ilroa.d Company. 1i:; Ce io 6. Unless this grant and all the terms and conditions th al be accepted in w itingiby the grantee herein within th y s fter the taking effect of this ordinance, and unless such ,-)tra s 'Isco strutted within one year from the date of such passage,then thi o a e shall be null and void. ec iii 7. This ordinance shall take effect thirty-one days after its pa. sags. P& sed by the Board of Commissioners of Salt Lake City, Utah, the '').`17;: day of 1924. .--'2 -"? 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