63 of 1910 - Ordinance 63 of 1910 – Franchise, Denver & Rio Grande Railroad Company, spur track in 4th West. I
AN ORDINANCE
GRANTING TO THE DENV R AND RIO GRANDE RAILROAD COMPANY', AND TO ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE AND RIGHT OF WAY TO CONSTRUCT AND
OPERATE A SlUR RAILROAD TRACK IN FOURTH WEST STRE ,IN SALT LAKE CITY,
UTAH.
Be it ordained by the city council of Salt Lake City, Utah:
j Section 1. A franchise and right of way is hereby given and
granted to The Denver and Rio Grande Railroad company, and to its
successors and assigns, to lay, construct and operate a spur standard
gauge railroad track upon the street hereinafter mentioned, to-wit:
Beginning at a point on the grantee's main line of railroad about 320
feet north and 7 feet east of the intersection of the center lines of
Fourth West and Sixth South Streets in Salt Lake City and running thence
with a single track curving in a northeasterly direction into the north
half of lot 4, block 29, 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 and made a part
hereof.
Motion 2. During the tam 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 es-
tablished 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 a ere 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
aterial :as tha used in thestreet oavement 0 � '" �a
d� vt S v ✓t e ll2 ue cZM�ba and .1 .��c.
Cc) Said grantee shall put in m in -yin uch rossings over said
stOWl pur ,rlA'Lnehal d .'ta 3 tiuelti,isee e required
iWJA.f S6,Frt thetcity7.Pcouncil.�ww 2
(d) The said sour track shall be laid, and the road op'erated,so as
to cause no unnecessary impediment to the common and ordinary use of said
street upon which it laid. 12 �
(e) Good and sufficient ,_..� to convey water mall be laid and 7.1
e maintained in good condition at the expense of said grantee in all the
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water ditches crossed by said spur track, so as to admit of free passage
of water.
(f) Said grantee, its successors or assigns, shall gravel and main-
tain in good condition, at the established 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.
(g) 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 assigns, within the oity.
Section 3. Nothing in this grant shall c nstrued soto preventtindit.attoh n r�o�
Salt Lake City or its authorized agentsAfrom pav ng, sewering, aging gas
or water mains or pipes, altering, repairing, or in any manner impro vine
said street, but all such 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 assigns,
shall, and by the acceptance of the privileges< and franchises herein
granted, and in consideration of the same, does bind itself, its succes-
sors and assigns, upon its acceptance of this franchise, to save said. city F
harmless from all suits, claims, demands and judgments what so ever,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 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 succesleara and assigns, will pay the amount of any judgment, determin-
ation or adjudication which, in any suit or proceedings may or shall be
found against Salt Lake City; provided, however, that said grantee,ita
successors and assigns, shall have had notiee of any such suits and an
opportunity to appear and defend the same; and said grantee, its success-
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 maintenance of said spur track. '01""�r
Section 5. This franchise is granted for a period of fif#�'years
n
from and after the approval of this ordinance.
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Section 6. Unless this grant and all the terms and conditions
thereof shall be aooepted 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.
Seotion 7. This os linandir shall take effect upon approval.
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Passed by thjr0fr
y Saltand rered to the ;proval. ii
. ce order.
Approved this /0 day of One, 1910.
71;layor .Lys
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