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Home My WebLink About36 of 1925 - Franchise to Spur track across 5th and 7th South Streets for Structural Steel and Foundry to Denver HULL CALL VOTING AYE AY Iv; Salt Lake City,Utah, 192 Barnes I move that the ordinance be passed. Burton Finch a) GffeerE Green asismasst Mr. Chairman Result _3 6 AN ORDINANCE AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD CCLPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE, AND MAINTAIN ONE STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS FIFTH WEST STREET AND SEVENTH SOUTH 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 one standard gauge railroad spur track over and across Fifth West Street and Seventh South Street in Salt Lake City, Utah; The center line of said track being more particularly described as follows: DESCRIPTION OF TRACK. Beginning at a point in the center of the present track of the Denver and Rio Grande Western Railroad Company, which is 7 feet West and 327.4 feet North from the Salt Lake City Survey Monument at the intersection of Fifth West Street and Seventh South Street, thence running South 147 feet; thence on a 30 degree curve to the left 204 feet, intersecting on this curve the present West aide line of Fifth West Street at a point 122 feet North of the Seventh South Street monument line; thence Southeasterly on tangent 46 feet; thence on a 30 degree curve to the right 87 feet to the South boundary line of Seventh South Street at a point 197.4 feet East of the monument line of Fifth West Street. The location of the center line of said track is graph- /„.. ically shown in yellow upon the attached blue print, which is36 -1` 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 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. (b) Whenever said streets where said track is con- structed 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 con • - crete base of such thinkness as shall be airected by the City • Engineer. (c) The said track shall be laid and the road oper- ated so as to cause no unnecessary impediment to the common and ordinary use of such street■ upon which it is laid. (d) Salt Lake City reserves the right to regulate and control the speed of all trains, engines, and oars oper- ated by the grantee, its successors and assigns, upon the said track. (e) if in putting in said track said grantee shall remove or in any manner interfere with the pavement, sidewalks, curbs or gutters on said street9, it shall replace such pave. ment with the same or such 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 Super- visor of Streets and shall so construct gutters that they will allow free passage of water and to the satisfaction of the .2. l'ry Supervisor of Streets. (f) That said grantee shall put in and maintain such crossing over said track as shall from time to time be required by the Board of Commissioners. CO Good and sufficient conduits to convey water shall be laid and maintained in good condition at the expense of said grantee in all water witches crossed by said track so as to admit of free passage of water. Section 3. Nothing in this grant shall be so con- strued as to prevent Salt Lake City or its authorized agents, contractors or persons 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, altering, repair- ing 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 accept- ance 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, round 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 reason of the con- struction 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 found against said Salt Lake City, provided, however, that said grantee, its successors and as- signs shall have had notice of any such suits, and an opportu- nity to appear and defend the same, and said grantee, its suc- 4 �.. J • cessors 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 main nance of said track. Section 5. This franchise is granted ror the per- iod of twenty-five (25) years from and after the passage of this ordinance; provided, however, that if ror a period of nine consecutive months during the life of this franchise any of 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 as to such track not used or sub- stantially abandoned at the option of the Board of Commis- sioners; and if so ordered by the Board of Commissioners 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 uniforip4vith the balance 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 done by Salt Lake City at the expense of skid 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 tracked be constructed within one • year from the date of such passage, then this ordinance shall be null and void. Section 7. In the opinion of the Board of Commis- • sioners it is necessary to the peaok, health, and safety of "4+n the inhabttants of Salt Lake City, 'Utah, that this ordinance become effective immediately. Section 8. 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