47 of 1925 - Franchise to Spur track across 5th West between 3rd and 4th South to Denver And Rio Grande Railroad Barnes V
I move that the ordinance be passed.
Burton
Finch -
...
iseam --7-10(
fitiong1
Mr. Chairman 7-- •
Result
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AN ORDINANCE
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AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE
WESTERN RAILROAD CCIYIPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT
TO CONSTRUCT, OPERATE AND MAINTAIN ONE STANDARD GAUGE RAILROAD
SPUR TRACK OVER AND ACROSS FIFTH WEST STREET BETWEEN THIRD SOUTH
STREET AND FOURTH 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 between Third South Street and Fourth South Street in Salt
Lake City, Utah, the center line of said track being more parti-
cularly described as follows:
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 17 feet south from the Salt Lake City Survey monu-
ment at the intersection of Fifth West Street and Fourth South
Street, thence turning out to the east on a curve 62 feet to
point of No. 7 frog @.ngle 8° 10'); thence northeasterly on tan-
gent 6 feet; thence on a 17° 30' curve to right 82 feet, inter-
secting on this curve the present west side line of Fifth West
Street at a point 80.5 feet north of the Fourth South Street menu-
,_
ment line; thence northeasterly on tangent 59 feet; thence on a
16° curve to the left 99 feet to the east boundary line of Fifth
West Street at a point 281 feet north from said monument line of
Fourth South Street; continuing thence on same curve 42 feet to
a point in Block 46, Plat "A", Salt Lake City Survey, 2.5 feet
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east of the west boundary line of said Block 46; thence north 160
feet parallel with,and 2.5 feet distant from, said west boundary
line of said Block 46.
The location of the center line of said track is graphi-
cally shown in yellow upon the attached blueprint, which is here-
by made a part of this ordinance. Ties pertaining to track laid
on that portion of said center line wholly within the boundaries
of said Block 46 will extend into Fifth West Street and railroad
cars and other railroad equipment moved over said track will like-
wise extend into said Fifth West Street.
Section 2. During the term of this franchise the grant-
ee 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 re-
pair 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 Engineer.
(c) The said track shall be laid and the road operated
so as to cause no unnecessary impediment to the common and or-
dinary use of such streets upon which it is laid.
(d) Salt Lake City reserves the right to regulate and
control the speed of all trains, engines, and cars operated by
the grantee, its successors and assigns, upon the said track.
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'
(e) If in putting in said track said grantee shall re-
move or in any manner interfere with the pavement, sidewalks,
curbs or gutters on said streets, it shall replace such pavement
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 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 such
crossing over said track 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 track so as to admit
of free passage of water.
Section 3. Nothing in this grant shall be so construed
as to prevent Salt Lake City or its authorized agents, con-
tractors 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, repairing 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, found or rendered in any
manner whatsoever against said City for injury or damage to
abutting property, personal injuries or otherwise, by reason of
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the granting of this franchise, or by reason of the construction
or operation of said tracks and that the grantee herein, its
successors and assigns, will pay the amount of any judgment,de-
termination 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 assigns shall have had no-
tice 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 track.
Section 5. This franchise is granted for the period
of twenty-five (25) years from and after the passage of this or-
dinance; provided, however, that if for a period of nine conse-
cutive 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 substantially abandoned at
the option of the Board of Commissioners; 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 uniform with
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 said Railroad Company.
Section 6. Unless this grant and all the terms and
conditions thereof shall be accepted in writing by the grantee
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herein within thirty days after the taking effect of this ordin-
ance, and unless such track 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 Commissioners
it ,is necessary to the peace, health and safety of the inhabitants
of Salt Lake City, Utah, that ths.:ordinance become effective
immediately.
Section 8. This ordinance shall take effect upon its
publication.
Passed by the Board of Commissioners4 ' of Salt Lake City,
Utah, this day of )�-\)�aaK\- , 1925.
/ Piayor.
City Recorder
Bill No. .
Published , 1925.
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