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71 of 1912 - Franchise, Denver and Rio Grande.Railroad Company, 2 spur tracks in 4th West. ROLL CALL Salt Lake City, Utah, v:t --_ ..19IZ_. VOTING Yea No_-' I ❑ove that . s �^,+�LOl11AR�/ """"\� ))"li � 1 Keyser . . . . . . „,.I' i Korns __..y ' �- Lawrence .I......, '-� f1 „�l'""�'� 0� �T i Morris . . . . . .._ .._ '1 Mr.Chairman . ,_� 4 RESULT - - 7/ Al: 0i'. D I Ai. C L . i An ordinance granting to the Denver and Rio Grande Railroad Company, and it-s successors tnd con;, a franchise and Yi=,lit of iaray to construct and operate two spur railroad tracks in r'ourth Mest Street, in Salt Lake City, Utah. I I� II Be it ordained by the Board of Commiss;oaere of Salt Doke City, Utah: SECTION 1. A fra chive and richt of way is hereby riven end granted to the Denver. sin Rio Grande Railroad Company, and to its it successors and assigns, to lay, construct and operate two spur tr ndnrd gouge railroad tracks upon the street hereinafter mentioned, )to-wit: Beginning at a point in the center line of the Salt Lake City ;'Union Depot and Railroad Company's main track near,the center line; 1of Fourth West Street and 210 feet south from the center line of Si;th South Street, in StIt Luke City; thence la rninl: out eastward "and extending southeasterly about. 220 feet, to a. point on the east Pine of Fourth West Street, distant about 210 feet north from the Ie threst corner of Lot 4, -nlech 26, Plat "A", Solt Lake City Survey, !znd extending; into said Lot 4; also a standard gauge second spur knack beginning at t point in center of aforesaid. opur track c.i, a noint where it intersects the et t curb line of Fo: nth West Street, Vence turning out or, the houth and o tend_in in a coo:;he .slimly • kiirc:e i a.. to and into said Oct. 4. ij St id spurs be in delineated by yellow curved lines an the blue print map hereunto t _sued tud made a part hereof. S."1CTIOA 2. Duri,ia: the term. of _:1s franchise the grantee shall be subject to the folio-::in„ conditions, viz: • (a) That said spur tracks shall be laid upon and conform to �jthe eattblished. grade of cri d strect, and if said _ _.de it after- bards ohsnged lip ordinas is of the Basi:C o; Co.asiasi per;, the trr: f so shall., at itt own expense, eci '7g,e i:;o elevation r tic i'trncks so as to eoniorm to the same. (b) Whenever said street wbere stid trreks era con, ;acted ob.al1 be dared, tc.ea; , .id c u.'icc, its ..r'co, s(_)rs od us, Hhall pave be aea the nz i.l; t Per [;pn.,;s of two Pectorala ale IPf each .����i.l., i�h ;ari(u'i..-l. I -2- pavement, and all ties shall be laid upon a concrete base of ouch Ithickness as shall be directed by the City Enr:.iecer. (c) Said grantee sharli iv. in ,ula matataia such crossings ov said spur tracks as shall from time to time be reouirGd by the t Board of Cor.amisalanzrs, cab engines and ears shall not be permitte to stand of said Pimrth West Street longer than five minuteo. (d) The said spur tracks shall be laid, and the rond operate± so as to cause no unnecessary imeed.itent to the common and ordinari use of said street upon which they are laid. (e) Good and sufficient conduits to convey crater shall be laild and maintained in good condition, at the expense of said grantee in'l all the water ditches crossed by said spur tracks, so as to admit I 1 of free passage of water. 1 - (f) Said grantee, its successors and assigns, shall gravel I and maintain in good condition, at the estublished grade, the street along which the tracks run, to within one and one-half inches of the top of the rails, and for a distance of twenty-five feet on each side of the outer rails, subject to the approval of the Super- visor of Streets. (g) Salt Lake City reserves the right to regulate and control, I . the speed of all trains, engines and cars operated by the grantee, its successors and assigns, upon the spur tracks aforesaid- SECTION S Nothing in this grant shall be construrnd so so to prevent Salt Lake City or its authorized agents, contractors, per- son or corporation to whom a frnchise may have been, or any here- after be granted, from paving, sewering, laying gas or water mains or pipes, altering, repairihg, or is any manner 'up/awing said str et,. but all such improvements shell be made with as little injury as practicable to said spur tracks and the operation thereof. SECTION 4. The said grantee herein, its successors and assigis, shall, and by the acceptance of the privileges and franchises herein , 1 [ -3- i granted, and in consideration of the sane, does bind itself, its successors and assigns, upon its acceptance of this franchise, to save said city harmless from all ❑uit ., claims, demands and judg- ments whatsoever, whether in law or equity, which shall be assertFd, ( found or rendered in any manner whatsoever, against said city for injury or damage to abutting property or otherwise, by reason of Lthe granting of this franchise, or by reason of the operation of said spur tracks; and that the grantee, its successors and, assigns will pay the amount of any judgment, determination or adjudication which, in any suit or proceedin;�•s may or shall be found against Salt Lake City; provided, however, that said grantee, its successors land assigns, shall have had notice of any such suits and an oppor- tunity to a;,pear and defend the same; and. said grantee, its succes- sors and assigns, shall appear in and defend all actions brought against Salt Lake City for any injury or damage by reason of the c nstruCtion, operation or maintenance of said spur tracks. SECTION 5. This franchise is granted. for a period of twenty - • five years from and. after the passage of the ordinance. SECTION 6. Unless this grant and all the terms and condition4 thereof shall be accepted in writing by the grantee herein within thirty days from the passage of this ordinance, and unless said tracks be constructed within one year from the date of such passage, then this ordinance shall be null and void. SECTION 7. This ordinance shall take effect upon its first publication. Passed by the Board of Commissioners of Salt Lake City,Utah, June 3rd, 1912. Chairman 1-y ltecorderr ROIL • C A L L Salt Lake City,Utah, June 4, ,19.1s, Voting Yes No. I move that the ordinance be amended by adding Keyser the following at the end of Section No. 5, Kerns Lawrence Morris 1111 M°` AMENDMENT. • Mr. Chairman III � � "Salt Luke City reserves the right, upon three Result \ 4 I_ years notice to the grantee, its successors or assigns, to terminate this franchise by paying the said grantee, its successors or assigns, the value of the improvements made in compliance with this franchise, at the time said termination becomes effective. The Price so to be paid to be arrived at by arbitration, to which arbitration the • said grantee, its successors and assigns, hereby agrees; the arbitrators to be selected as follows: One by Salt ;Lake City, and one by the grantee, • 1 its successors or assigns, and in the event that those two are enable to agree • • upon a valuation, then they shall select a third arbitrator or referee, and the aware made by them shall be binding upon Salt Lake City, and upon said grantee, its successors and assigns," - ___ I J - • 'LL • It .,aJ o City,Utah, June 4th ,1glt - - - - - - - Voting Yes :;o. I I move that the ordinance be amended by adding Keyser kerns ___ �,.✓" the following ,`;t the end of Section r?o.5, Lawrence • Morris ,;r. Chairman "Salt Lake City reserves the richt, upon throe ?result 1 :S i - - years notice to the grantee, its successors or assigns, to terminate this franchise by paying the • said grantee, its successors or assigns, the value of the improvements made in compliance thin franchise, r=t the till° said termination becomes effective. The :'ripe sxo to be paid to be arrived at by arbitration, to which arbitration the said grantee, its successors and assigns, hereby agrees; the arbitrators to be selectori an follows: One by -;alt Lake City, and one by the grantee, its succe. eo'°c or assigns, and in the event that those two are unable to agree upon a valuation, then they shall select a third'arbitrator or referee, an;i the award[ made by them shall be binding upon ::,.alt Jake City, and upon said grantee, its successors and awd gns." � t �:.,.• a �.�. .. ,. v ,.. .',a -.4./..9 ems, ix � � a 4 3,6Z9f'7 977?6'I. _ ___ ' Q oin.._ • 2`y/ 1 /13. - at' ti e4 cf/r / j+,I b „ ; e�q 4 b/ '%_ 1I 1 ti ,0 o, \. • •tip I' d d ses ti ' F__ dC A% �_. �Irl��"a'e: "tee'.. �s. a. ° ,¢ , /' ', \ • I'c e. a NI • H h • ems•. 1I T' -.. 1j 11. V: I� Iy�.{�� I�� f 1 I . 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