62 of 1909 - Ordinance 62 of 1909 – Franchise, D.&R.G.R.R. Co., spur track in 4th West Street. AN ORDINANCE
GRANTING TO THE DEt:TIE! AND I-ZIO GRA::DE RAILROAD COIEPANY,
AND TO ITS CUCCESDORS AND ASSIGNS, A FRAUCEISE ADD RIGHT
OF WAY TO CONSTRUCT ADD OPE-RATE A SPUR RAILROAD TRACK IN
FOUETh WEST STREET, IN SALT LAKE CITY, UTAB.
Bh IT ORDAINED BY TEE CITY COUNCIL OP SALT LAKE CITYL_UTAE:
Section 1. A franchise and right of way is hereby given and. granted
to The Denver and Pio Grande Railroad Company, and to its successors and
aszicns, to lay, construct and operate a spur standard gauge railroad
track upon the street hereinafter mentioned, to-wit:
Commencing at a point on the grantee's main line of railroad in
and near the center of Fourth West Street directly east of tho southeast
corner of Lot one in Block forty-five, in Plat "A," of Salt Lake City
Survey, and running thence in a northwesterly direction on a thirty
degree curve as a sincls track to a point about ten rods from the
beginning point aforesaid, and from thence continuing on said curve as
a double track into and across Lot eight of said Block forty-five, Plat
"A," Salt Lake City Survey, in Salt Lake City, Salt Lake County, State
of Utah, said spur being delineated by 'yellow curved lines on the
blueprint map hereunto annexed andd made a part hereof.
Section 2. During the terra of this franchise, the LTantee 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,
chance the elevation of the track so as to conform to the same.
(b) Whenever said strect more such track is constructed shall be
paved, then said crantee, its successors and assigns, shall pave between
the rails and for a space of two fee outside of each rail, with the same
material as that used in the street pavement.
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(c) Said grantee shall put in and maintain such 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 cause no unnbcessary impediment to the common and ordinary use of
said street upon chink 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 said spur track, so as to admit of free passage
of water.
(f) Said grantee, its successors or as shall gravel and
maintain in good condition, at the establisled grade, the street along
which the track runs for a distance of twenty-five feet on each side of
the outer rail, subject to the approval of the supervisor of streets.
(a) Salt Lake City reserves the right to regulate and control
the speed of all trains, engines and cars operated. by the grantee, its
successors or asf,igns, within thb city.
Section 3. Nothing in this grant shall be construed. so as to prevent
Salt Lake City or its authorised agents from paving, sewering, laying gas
or water mains or pipes, altering, repairinr, or in any manner improving
said street, but all sued improvements shall be made with. as little injury
as practicable to said spur track and the operation thereof.
Section 4. The said grantee herein, its successors and as9i7:11S,
shall, and by the acceptance of the :rivileges and franchises herein
granted, and in consideration of tie ; 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 scatty, which shall be asserted, found or rendered
in any manner whatsoever, arainst said City for injury or damage to
abutting property or otherwise, by reason of the granting of this fran-
chise -• .
or by reason of the operation of said spur track; and that the "
grantee herein, its cucce550rs and assigns, will pay the amount of an
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judgment, determination or adjudication which, in any suit or proceedings
may or shall be found against Salt Lake City, provided, however, that
said grantee, its successors and assigns, shall have had notice of any
such suits, and. an opportunity to appear and defend the same; and said
grantee, its succ,,s;ors 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 eaain onance of said spur track
Section 5. This franchise is granted for a period of fifty years
from and after the a onroval of this; ordinance.
Section 6. Unless this grant and all the terms and conditions
thereof shall be 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.
fussed by the City Council of Salt i.ake City,Utz.h, IPay 3rd, 1909,
and referred to the 75.: Or Tor his ;z ov 1. <'/J
66 )rd -
,.pl,roved this 47- day o 15) 1909.
Mayor.
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