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HomeMy WebLinkAbout60 of 1906 - Ordinance 60 of 1906 – Franchise, Western Pacific R.R. Co., spur track across 10th West St. betwee An ordinance granting to the Western Pacific Railway Company and to its successors and assigns a franchise and right of way to construct and operate two spur railroad tracks on and across 10th West Street between South Temple and First South Streets, in Salt Lake City, Utah, BE IT ORDAINED by the City Council of Salt Lake City, Utah: Sec. 1. A franchise and right of way is hereby given and granted to the Western Pacific Railway Company and to its suc- cessors and assigns to lay, construct and operate a switch or spur standard gauge railroad track upon 10th West Street between South Temple and First South Streets in Salt Lake City, Utah, beginning upon the West side of said 10th West Street at a point about 100 feet South from where the proposed main line of said Western Pacific Railway Company crosses said Street, as permitted by the franchise heretofore granted to said Western Pacific Railway Company, and running thence Easterly and South-easterly upon a convenient curve across said 10th West Street to and on Lot 4, Block 53, Plat "C", Salt Lake City. survey, and there is also hereby granted to the said Grantee and to its successors and assigns the right to lay, con- struct and operate a switch or spur standard gauge railroad track leading from the above described spur or switch at a convenient point in said Street, and diverging from said above described. spur or switch upon a convenient curve South-easterly across said. street 17 Plat "C", on and to lot 4, block 53, Salt Lake City survey, a more particular designation of the location of said spurs being shown upon the map and blue print hereto attached and made a part hereof; the spurs being indicated by the yellow lines thereon, diverging from the red I lines indicating the main line of said Railway Company. Sec, 2. During the term of this franchise the grantee shall be subject to the following conditions, viz,: 60 -2- (a) That said switches or spur tracks shall be laid upon and conform to the established grade of said. street, and if said. grade is afterward changed. by order of the city council the grantee shall at its own expense change the elevation of the tracks so as to con- form to the same. (b) Whenever said 10th West Street between South Temple and First South Streets shall be paved, then said grantee, its succes- sors 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 such crossings over said switches or spur tracks as shall from time to time he re- quired by the city council. (d) The said switches or spur tracks shall be laid., and the road operated, so as to cause no unnecessary impediment to the common and ordinary use of 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 the water ditches crossed by the said switches or spur tracks so as to admit of free passage of water. sec. 3. Nothing in this grant shall he so construed as to prevent Salt Lake City or its authorized agents from paving, sewer- ing, laying gas or water mains or pipes, altering, repairing or in any manner improving said 10th West Street between South Temple and First South Streets, but all such improvements shall he made with as little injury as practicable to said spur tracks and the opera- tion thereof. Sec. 4. This franchise is grantedfor the period of one hundred years from and after the approval of this ordinance. Sec. 5. That Salt Lake City shall in no way he liable or responsible for any accident or damage that may occur in the con- struction or operation of said spurs or switches, by reason of the -3- default or misconduct of said grantees, and its successors and assigns, or their employees, and the acceptance of this grant shall he deemed an agreement on the part of said grantee, for itself and successors and assigns, to appear in and defend all actions brought against Salt Lake City for any injuries or damages by reason of the construe- tion or operation of said. tracks, to save the said city harmless from and against all liability, loss, costs, expense and damage, of any nature, arising out of any such default or misconduct, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said railway, and to indernmify and repay said city for any loss, costs, expense or damage, of any kind, it may sustain by reason of any such default, misconduct, accident or injury; and if any judgment for damages for any such default, misconduct, accident or injury shall be recovered against the said city, the recovery thereof and the judgment therefor shall be final as between the said city and the said grantee, and its successors and assigns, and exclusive as to the liability of the latter to the former; Provided, said grantee has had notice of the pendency of the suit in which such judgment is recovered, and has been given an opportunity to defend the same. Sec. 6. If this grant, with the terms and conditions herein. contained, he not accepted by said grantee within thirty days after the passage and approval of this ordinance, or if' said spur tracks or switches be not constructed within one year from the date of such acceptance, then this franchise shall become null and void., Sec. 7. This ordinance shall take effect upon its passage and approval. c44- Passed by the City Council of Salt Lake City,Utah,Pflay "th,1906, ani referred to the Mayor for his approval. =�k —' der. day of gay,1906. Approved this i�� —., ) 4-r1 0:1 ,.....• ?•'.-.' a, \ = • 4- ,-,:,.:,-, . 1 , •• 1 ..% • 0 -= -- w 5- --.4.• . 4''.- ....• t\D 0--•• ",.-1 ::: 01- C.,"!'., C 23 0 cz • €. ''.i' '-:::;:- 7...z' t . j\. g Z o v ,•••‘ ••-' •'' . --•t ‘..1'• r- 0,.. ,,,'` ,t • tf \.%.: ..: :,---- . 1, a rnJORDAN AVENUE. 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