HomeMy WebLinkAbout38 of 1911 - Ordinance 38 of 1911 – Franchise, D.&R.G.R.R. Co., spur tack on 6th West between 1st and 2nd South r.4N
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AN ORDINANCE
GRANTING TO TEE DENvER AND RIO GRcANDE RAILROAD COMPANY, AND TO ITS
SUCCESSORS AND ASSIGNS, A. FRANCT-I:'.I AND RICF'T OF h AY TO CONSTRUCT AND
OPERATE A SPUR RAILROAD TRACK IN SIXTF WEST STIt�� I', IN SALT LAKE CITY,
UTCF.
Be it ordained by the city council of Salt Lake City, Utah:
Section 1. A franchise and right of way is hereby given an6 granted
to The Denver and Rio Grande Railroad Company, and to its successors and !�
assigns, to lay, construct and operate a spur standard gauge railroad
tract upon the street hereinafter mentioned, to-wit:
Beginning at a point in the center of the track of The Denver and
Rio Grande Railroad Company along the center of Sixth Test Street
about 300 feet south of the intersection of the center lines of Sixth
West and. First South Streets in Salt Lake City, and running thence with
a single track curving in a southwesterly direction across the west
half of Sixth West Street to the east side of Lot 1, Bloc.; 47, Plat "C,"
Salt Lake City Survey at a point about 210 feet north of the southeast
corner of said Lot 1, said spur being delineated by yellow curved
lines on the blueprint map hereunto annexed and made a part hereof.
Section 2. During the term of this franchise, the grantee :.hall be
subject to the following conditions, via.:
(a) That said spur track shall be laid upon and conform to the es-
tablished grade of said street,. and if said grade is afterwards changed
by ordinance of the city council, the grantee shall, at its own expense,
change the elevation of the track so as to conform to the same.
(b) Whenever said street where such track is constructed shall be
paved, then said grantee, its successors and assigns, shall pave between
the rails and for a space of two feet outside of each rail, with the sane
material as that used in the street pavement, a.nd all ties shall belaid
upon a concrete base of such thickness as shall be directed by '. .: City
Engineer.
(c) Said grantee she]l put in and maintain such crossings. over
said spur track as shall from time to time be required b; the city
council. Neither cars nor engines shall be permitted to stand in said
Sixth West Street longer than five minutes. l;i
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(d) The said spur track shall be laid, and the road operated, so as
to cause no unnecessary impediment to the corernon and ordinary use of
said street upon which it is 1s.id.-
(e) Good and sufficient conduits to convey water shall be laid and
maintained in good condition at the expense of said grantee in all the
water ditches crossed by said spur track, so as to admit of free passage
of water.
(f) Said grantee, its successors or assigns, shall gravel and main-
tain in good condition, at the established grade, the street along which
the track rune for a Sist-..rc:n of twenty-five feet on each, side of the
outer rail, subject to to approval of the supervisor of streets.
(g) Salt Lake City reserves the right to regulate and control the
speed of all trains, engines and cars operated by the grantee, its
successors or assigns, within the city.
Section 3. Nothing in this grant shall. be construed so as to pre-
vent Salt Lake City or its authorized agents, contractors , person or
corporation to whom a franchise may have been or may hereafter be grant-
ed,
from paving, severing, laying gas or water mains or pipes, altering,
repairing, or in any manner improving said street, but all such improve-
manta: shall he made with as little injury as practicable to cult spur
track and the operation thereof.
Section 4. The said grantee herein, its sr,cces;ors 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 save
said city harmless from all suits, claims, demands and judgments whatso-
ever, whether in law or in equity, which shall be asserted, found or
rendered in any manner waaatsoevar, against said city for injury or damage
to abutting property or otherwise, by reason of the granting of this fran-
chise or by reason of the operation of said spur track, and that the gran-
tee herein, its successors and assigns, will pay the amount of any judg-
ment, determination or adjudication which, in any suit or proceedings may
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or shall be found against;Salt Lake City; provided, however, that said
grantee, its successors :hd assigns, shall. have had notice of any such
suits and an opport,-rni ty 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
construOt ein of} '•ration or maintenance of said spur track. III
Sect3en . This franchises grantgd for a period of twenty-five
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years T'`s o and after'' the appr 044 of th At rordinance.
Se t,, -Uri n O. ss this lira-4t r d 'i= the terms and co4ge�c1tiond
th{.r e.ef 4441,, be ,aec pted in grttift h )fe grantee herein wif"y :in thirty
da' e fr tt Yn `approval of ti ,Q1'o artee; ,,end unless said tra k ;bra
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constr�,teted Lei t 'h one year un the;d,e i'of such approva'.,; - n this
online ce 4ua l '17e null and vbic . ti i
Section ''. .T141s ordinance (shall take effect upon approval.
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Passed by t4 eCity Council of Salt Lake City, Utah, r.arch ?. 1.911,
and re: erred to the Payer for his a pr 7-
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2_ 77 ,
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Approved this 4 e/
day of yarch,1911.
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7/Y(f.c G,J�7y!n
_(/% 17, Major.
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