44 of 1916 - Denver and Rio Grande Railroad Company a franchise for two spur tracks in 4th West - 4th and 5th Sou ROLLCALL „-z,„ ,c s Pa,,,,,,,co
VOTING AYE 1 NAY h 14° Salt Lake City, Utal'ay 8th 191__6
I Green r_I_--
1 move that the ordinance be passed.
Scheid I J`
Shearman I-- ' i t 1. $
Wells ;
,
Mr.Chairman
Result
yy
AN ORDINANCE,
An ordinance granting The Denver & Rio Grande Railroad
Company, and to its successors and assigns, a franchise and right-of-
way to construct and operate two single spur railroad tracks on Fourth.
West Street, between Fourth and Fifth South Streets, in Salt Lake City,
Utah:
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF SALT LAKE
CITY, UTAH:
Seotion 1. A franchise and right-of-way is hereby: given.
and granted to The Denver & Rio Grande Railroad Company, its successors,
and assigns, to lay, construct and operate two standard gauge spur rail-
road
tracks, on Fourth West Street, between Fourth end Fifth South Streetu
in Salt Lake City, Utah, on a route the center lines of which are de-
scribed as follows:
One track beginning at a point in the center of the main
track og the Salt Lake City Union Depot and Railroad Company 9 feet East
and about 205 feet North from the intersection o:t the monument lines of
4th West and 5th South Streets; thence turning out Easterly and extend-
ing Northeasterly on a 50 degree curve to the right about 227 feet to
the East aide line of 4th West Street at a point about 419 feet North
from the monument line of 5th South Street.
The other track besi ning in the center of above described
spur track at a point about 335 feet North from the monument line of 5th
South Street, turning out on the Northerly side of same and extending
Northeasterly on a 17 degree 30 minute curve to the right about 112 feet
to the East aide of 4th West Street at a point about 442 feet North from
the monument line of 5th South Street.
The locatIons of said oentGr lines over and across 4th
West Street are shown by yellow lines on the blue print attached hereto
and made a part hereof.
Section 2. During the trm of this franchise, the grant-
ee shall be subject to the following conditions:
(a) Said tracks shall be laid upon and conform to that
1
(h) That if in putting in such spur tracks said grantee
shall remove or in any manner interfere with the sidewalk on said
street, it shall replace the same so far as possible, and to the
satisfaction of the Supervisor of Streets & Irrigation.
Ohre established gmtde of laid street, and if said grade is afterwards
changed by ordinance Of the Board of Commissioners the grantee shall at
its own expense change4he elevation of the tracks to conform thereto.
(b) Nhonever the staid street where such tracks are con-
structed 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 of each track, with the same material as that used in the street
pavement, and all ties shall be laid upon a concrete base of such thick-
ness as shall to directed by the city engineer.
(c) Said grantee shall put in and maintain each crossings
over said spur tracks as shall from time to time be required by the Board
of Commissioners, and oars and engines shall not be permitted to stand
on said tracks across Fourth West Street.
(d) Said tracks shall be laid and the road operated so as
to cause no unnecessary impediment to the common and ordinary uee of said
street upon which they are laid.
(e) Good and suffidient 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 tracks, so as to admit of free
passage of water.
(f) Salt Lake City reserves the right to regulate and con-
trol the speed of all trains, engines and ears operated by the grantee,
its successors or assigns, within the city.
(g) Said grantee, its successors and assigns, shall gravel
and maintain in good condition, at the established grade, the street
along which the tracks run, to within one and one-half inches of the top
of the rails and between said rails and on each side of the eater rails
for a distance of twenty-five feet, subject to the approval of the Sasser,..
e29.t of Streets. .,
Section 3. Nothing in this grant shall be construed so
to prevent Salt Lake City or its authorized agents, contractors, per-
son, or corporation to whom a franchise may have been or may hereafter
be granted from paving, sewering, laying gas or watermains, or pipes,
altering, repairing, or in any manner improving said street, but all ,.,
Section 5. This franchise is granted for the period of
twenty-five (25) 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, said spur track 'is not used for the
express purpose for which this franchise is granteC this franchise sha]
be null and void at the option of the Board of Commissioners; and if
so ordered by the Board of Commissioners, said spur tracks shall within
thirty days thereafter, be removed and the street restored to the con-
dition existing prior to the construction of the same, and to the satis-
faction of the Supervisor of Streets & Irrigation, and upon the failure
of the grantee, its successors and assigns to comply with such order,
this franchise shall be null and void.
such improvements shall be made: with as little injury as practicable
to said spur tracks and the operation thereof.
Section 4, The said grantee heroin, its successors a,nd
assigns, shall, and by the acceptance el the privileges and franchisee
herein granted, and in considration f the same, do a bind itself, its
suocensers and assigna, upon its acceptance of this tran.ohise, to save
said oity harmless from all, suits, claims, demands and judgments what-
soever, whether in law or in equity, which shall be asaettod, found or
rendered in any manner whatsoever, against said city for injury or dam-
age to abutting property or otherwise, by reason of the granting of
this franchise or by reason of the operation of said spur tracks; and
that the grantee heroin, its successors and assigns, will pay the amount
Of any judgraent, determination or adjudication which, in any suit or
proceeding, may be or shall be found against Salt Lake City, provided,
however, that said grantee, its successors and assigns, shall have had
notice of any such snits and an opportunity to appear and defend the same;
and said gran`ee, its successors and assigns, shall appear in and defend
all cottons brouglat against Salt Lake City for any injury or demage by
reason of the construction, operation or mainl ena.ice of said spur tracks.
3cre#444-6.---Vanide-t4rearefriertr,tell,crited"To7rFORWIT`
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Section f, Unless this grant and all the t, ma and con-
ditions thereof shall be accepted *n writing by the grantee within thirty
days and the tracks constructed within ninety days, from the passage of
this ordina'oe, the sane Lilian he null and void.
,
oat ionl This or ill nape shall taIl foot apon it a f4st
k
publication.
P/MKO BY PR): B0:0,3.) OF COIAMISSI011:,]1S of Salt Lake Oity,
Utah, i'.1ay 8th 191.G.
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