32 of 1925 - Franchise to Spur track across 6th West between 6th and 7th North and two spur tracks across 7th and VOTING A'rS ix,,x'I Salt Laku city,Utah, ' _ ''li l ,192
Barnes
•. i I move that the ordinance be passed.
Burton 1
Finch ,
gamat 7 '(._-,'')."1:o'l„s--y
I
Mr. Chairman
Result
3.2
AN•
ORDINANCE
---00o---
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO
CONSTRUCT, OPERATE, AND MAINTAIN ONE STANDARD GAUGE RAILROAD SPUR-
TRACK OVER AND ACROSS PART OF SIXTH WEST STREET BETWEEN SIXTH
NORTH STREET AND SEVENTH NORTH STREET AND TWO STANDARD GAUGE
RAILROAD SPURTRACKS OVER AND ACROSS SEVENTH NORTH STREET AND
EIGHTH NORTH STREET BETWEEN FIFTH WEST STREET AND SIXTH WEST
STREET, ALL IN SALT LAKE CITY, UTAH.
BE IT ORDAINED BY THE BOARD OF CaiMISSIONERS 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 suc-
cessors and assigns, to construct, operate and maintain one stand-
ard gauge railroad spurtrack over and across part of Sixth West
Street between Sixth North Street pind Seventh North Street and two
standard gauge railroad spur tracks over and across Seventh North
Street and Eighth North Street between Fifth West Street and Sixth
West Street, all in Salt Lake City, Utah, the center lines of said
tracks being more particularly described as follows:
DESCRIPTION OF TRACKS.
Beginning at a point in the center of the main track of The
Denver & Rio Grande Western Railro d Company, which is 210 feet
North of the North side line of Sixth North Street, thence turning
out to the Eas t and continuing Northeasterly on a curve across the
East p ortion of said Sixth West Street to a point on the West
boundary line of Block 97, Plat C, Salt Lake City Survey, 150 feet
South from the Northwest corner of said block; thence curving to
the left and continuing North along a line thirty feet East from
and parallel with the East side line of Sixth West Street and
crossing Seventh North Street and Eighth North Street.
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3 j
Also beginning at a p oint in the center of the track next
hereinabove described at its intersection with the North side line
of Eighth North Street, thence turning out to the East and continu-
ing Southeasterly on a curve to the South side line of Eighth North
Street et a point 50 feet East from the East side line of Sixth West
Street, thence extending through Block 108, Plat C, Salt Lake City
Street
Survey, and crossing Seventh North/on a line 203 feet East from
and parallel with the East side line of Sixth West Street.
C
The location of the center lines of said tracks is graphical-
ly shown in yellow upon the attached blue-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 tracks shall be laid over and across said streets
so as not to interfere with vehicle traffic over same and that the
approaches to said tracks shall be properly graded with such material
as may be approved by the Board of Commissioners.
(*) Whenever said streets where said tracks are constructed
shall be paved, resurfaced or rep aired, 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 Enginder.
(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) §alt Lake City reserves the right to regulate and con-
trol the speed of all trains, enginds and cars operated by the
grantee, its successors and assigns, upon the said tracks.
%
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(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 each other material as shall be ordered by the Board
of Commissioners and 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) That said grantee shall put in and maintain azoh cross-
ings 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 expense of said
grantee in all water ditches crossed by said tracks so as to
admit of free passage of water.
Section 3. Nothing in this grant shall be so oanstrued as
to prevent Salt Lake City or its authorized agents, contractors
or person or corporation to whom a franchise may have teen or
may hereafter be granted from paving, sewering, laying gas or
water mains, pipes or conduits, altering, repairing or in any
manner improving said streets.
Section 4. Said grantee herein, its suocessors and assigns,
shall, and by the aooeptanoe of the privileges and franchises
herein granted, and in consideration of the sane, 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 what-
soever against said City for injury or damage to abutting
property, personal injuries or otherwise, by reason of the
granting of this franchise, or by reason of the aonatruetion
or operation of said tracks and that.the grantee herein, its 1
successors and assigns, will pay the amount of any judgment,
determination or adjudication which in any suit or proceed-
ings may or shall be found against said Salt Lake City, pro-
vided, 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 success-
ors 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
twenty-five (2$) 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 abandon-
ment of the use of any of said tracks for said purposes, said
franchise shall be voidable as to any such traok not used or
substantially abandoned at the option of the Board of Commis-
sioners;and if so ordered by the Board of Commissioners any
such track not used or substantially abandoned shall, within
thirty days after its being- so ordered, be removed and the
street restored to a condition uniform with the balanoe of said
street 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 such track and
restore said street upon such notice and within said thirty
days, the said work may be Gone by Salt Lake City at the ex-
pense 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 thirty days after the taking effect of this
ordinance, and unless such tracks be constructed within one
year from the date of such passage, then this ordinance shall /1
119,
be null and void. /,j'
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. ,
Section 7, In the opinion of the Board of Commissioners
it is necessary to the peaoe, health, and safety of the inhabit-
ants of Salt Lake City, Utah, that this ordinance become effective
immediately.
cpeogon Eli Thi a Tkalinance shall take effect on its pub-
4„.„2,1,1
:') •--,`-La 1J4:Di*t...
iltr:sfipla bit:tite4o4dof Commissioni of Salt Lake City, Utah,
'''-'2•1c :%°t, \ \\ .'!clay f *ow, 1925.
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Bill Ito. • ISHIEk.4'0Li'UTY !
Published , 1925.
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