45 of 1907 - Ordinance 45 of 1907 – Franchise, Rio Grande Western Railroad Company, spur track in 5th West & 5t A N ORDINANCE .
An ordinance granting to the Rio Grande Western Railway Company,
and to its successors and assigns, on the petition of the Citizens
Coal Company, a franchise and right-of-way to construct and operate a
spur railroad track in Fifth West and Fifth South Streets, in Salt Lake
City, Utah.
Be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. A franchise and right-of-way is hereby given and
granted to the Rio Grande 'Western Railway Company, and to its successors.
and assigns, to lay, construct and operate a spur standard gauge rail
road track upon the streets hereinafter described, to-wit:
Commencing at a point in Lot 7, Block 24, Plat "C" on Fifth
Jest Street between Fifth and Sixth South Streets, running thence
northeasterly on a 16 deg. curve to a point on Fifth South Street about
five rods east of the southwest corner of Block 46, Plat "A", according
to a plat or map filed with and made a part of the petition for this
franchise.
SECTION 2. During the term of this franchise, the grantee
shall be subject to the following conditions, viz:
(a) That said spur track shall be laid upon and conform to
the established 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 same material as that used in the street pavement.
(c) Said grantee shall put in and maintain ouch crossings
over said spur track as shall from time to time be required by the City
Council.
(d) The said spur track shall be laid, and the road operated,
so as to causeaounnecessar.:% impediment to the common and ordinary use of
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said street upon which it is laid.
(e) Good and sufficient boxes to convey water shall be laid
and maintained in good condition at the expense of said grantee in all
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the water ditches crossed by said spur track, so as to admit of free
passage of water.
SECTION 3. Nothing in this grant shall be construed as to
prevent Salt Lake City or its authorized. agents from paving, sewering,
laying gas or watermains or pipes, altering, repairing, or in any
manner improving said street, but all such improvements shall be made
with as little injury as practicable to said spur track and the opera-
tion thereof.
SECTION 4. The said grantee herein,its successors and
assigns, shall, and by the acceptance of thie 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
whatsoever, whether in law or in equity, which shall he asserted, found
or rendered in any manner whatsoever, against said City for injury or
damage to abutting property or otherwise, by reason of the granting of
this franchise or by reason of the operation of said spur track; 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 be or shall be found against Salt Lake City,
provided,- however, that said grantee, its giccessors and assigns,shall
have 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 spur track.
SECTION 5. This franchise is granted for the period of fifty
years from and after the approval of this ordinance.
SECTION 6y Unless this grant and all the terms and conditions
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thereof shall he accepted in writing by the grantee herein within
thirty days from the approval -of this ordinance. and unless said
tracks be constructed within one year from the date of such approval,
then this ordinance shall be null and void.
SECTION 7. This ordinance shall take effect upon approval.
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Passed h;r the City Council of:„alt.2ake Ci.ty,Utr+h,Ju?.y F
1907, and referred to the Mayor or. for hi.s apnrov
�L�� ,it,r : floc:^(j.er.
pproved this day of July, 1907.
G
Mayor.
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