51 of 1910 - Ordinance 51 of 1910 – Franchise, Denver & Rio Grande Railroad Co., spur track in 4th West and 5th k'T ORDINANCE
OR-CMG TO TI-L7 DEMILR Alin RIO GRANDE, RAILRO AI) COliPAY, AiM TO ITS
sCoc:cs ;ORS Al) Asi->I( S, A PR J A 1) nra c W AY TO C NT,-:; A34'D
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Be it ordained by the city council of Salt Lake City,Utah:
Sectioxi 1. A fr,v1chise and right of way is hereby given and
granted to The Denver and Rio Gr•rds Railroad company, and to its
8110CePaiOrS and assigns, to lay, consLruct and operate a sair standard
gauge r ailro at track upon tie a streets hereinafter mentioned,to-wit:
Beginhing at, a point on the grantee's main line of railro al mut 190
feet south. and 7 f,a:t west of the intersection of the center lines of
Yourth West ad Fifth South Streets in Salt Lake City and runing thence
with a single track curving in a northwesterly direction to a point about
20 foot south and 75 feet west of tie southeast corner of lot 1,1clock
45, plat "A" Salt take City Survey, in Salt Lake City, Salt Lake County,
State of Utah, thr.nce continuing nortnyv sterly from this point with two
tracks to tao south side of said lot 1, said spur being delineated by
ye;low curved lines on Lao blueprint map hereunto annexed and mate a pert
hereof.
Soction 2. During the ton of this franchiee,the 0-ante shall be
subject to the following conditions, viz.:
(a) fiat said slur track shall be laid upon and conform to the es-
tablished grade of said streets, and if said grade is afterwards cli.angod
by ordinance of tb city council.tne grantee Shall, at its own expenm,
cluing* the elevation of the track so as to conform to the same.
(b) Whenever said streets wile ce such track is cmstructed shall be
paved, then said grantee, its successor As and assigns, shall pave b etween
the rails and for W. space of two feet outside of each rail,with the sans
material as that used in the street pavementsatia1-4/12.0.4i..die-Z.
ai-eilt;
(c) Said grantee shall put in and maintain such cro:,sings over said
spur track as shall; from time to tine be 1",Tiluirt,:d by the city council.
(d) The said sear track shall be laid, end t road ope rat ed,so as
to C i.ilitti(7 no unnecessary imPe4iment to the cation and ordinary use of 0i:0
r
5it
strets upon which it: is i.aid.
(ee) Good end sa.ffioient essr,ssa, to convey gaiter kii. I oid and
:saint dined in goo(d. condition at ti s exson Esi Of said gr ant se in all the
water ditches crossed by said spur track,so as to ad>nit of free pass+s:e
of water.
(f) Said grant--a, i;:s successors or •:assitna, shall gravel and main-
tain in hood condit.in u, at, the e stabil shed grade, the streots aloe; which
the track runs for a distance of twenty-five feet on each side of the
outer rail,subjoct to t!nc: approval of the a“>arvisor of streets.
(g) Salt Lake City reserves the right to re;relate and control th e
sped of all trains, anginos Ord cars operated by the grantee, its
successors or assigns, within the city.
Section S. Nothing in this grant shall be construed so as to prevent
dr`4¢s,• ar }zcrn Y s�fO Z us» w ..�. pa y d..sue erZ�c y/z c.11�Lc�a,,E��
Salt Lake C. v or its authorized aagents`frost paving, sowering,laiyin • gas
or cater 'mains w• :-ipes, al taring, repairing, or in any manner i'tproving,
said streets,
Section 4. The said. Grantee herein, its successors and assigns,
shall, and by the acceptance of the privileges ,and franchises her!.in
granted,and in consideration of thr same, does bind it self, its tv ccessors
and assigns, upon its accept sass oft, this franchise, to save said city
h.:irralosso from all snits, claims, dsm:ands and ,judgments whatsoever,whuuthcr
in l-sw or xn e jnit:r, which shall be assorted, found or render€ad in any
mare:or whatsoever, a ainet said city for injury or dam ..go to abutting
property or othe,•wiee, by reseal of the granting of this franchise or by
mason of the operation of said spur track; find. that the grantee heroin,
its sucoessorrs end assigns, will pay the amount of any judgment,detormina-
tion or sdjt,.dioation which, in any suit or pr000adin;s may or shall be
found against Salt Lake City; provided, however, that said grantee, its
successor and 0uaigna, s;aaktl havre had notice of any such suits and an
opportunity to assess and defend s:tr t; and sa.d grantee, its success-
ors and <.' s:t,:ns, shall app;e or in end defend all actions broug;ht .s.;rai.nst
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Salt Lake City for any injury or dmage by reason of the construction,
0:pc:ration or maintenanoe of a ,id spur track.
tvientl,/-47:1.vo
Section 5. This franchise is granted for a period of 7,113.60461oyeers
from and after the ,.Lpproval of this ordinance.
Section 5. Unless tnis grant. and all the terms and conditions
therAoil.rshiap--rie e.coepted in writing by the grantee herein within thirty
, days':frOkt4heilitporoval of taggisksr/Onance, and wee paid trade be
TOS riliti;OrecV vrIEN:fii-one yet at t41,3 1.0 Of sucN 0.914r ovf.0.1• en!, thi 0
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.brdi4anee phall be null and 47030.
A 'Seetiop 7. This ordinvor to.f. ..., ' e effeet utIffn app :-4. . ,,-.7 I-
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