HomeMy WebLinkAbout83 of 1915 - Franchinse to Denver and Rio Grande Railroad Company for spur track Fourth West and Fifth South Stre AN ORDINANCE.
An ordinance granting to The Denver and Rio Grande Railres.d
Company, and to its successors and assigns, a franchise and right
of way to construct and operate a single spur railroad track on
Fourth West Street between Fifth and Sixth South Streets, in Salt
Lake City, Utah.
BE IT ORDAINED BY THE BOARD OF COI.iTISSIONERS OF SALT TAKE CITY,
UTAH:
Section 1. A franchise and right of way is hereby given and
granted to The Denver and Rio Grande Railroad Company, its successors
and assigns, to lay, construct and operate a standard gauge spur
railroad track on Fourth West Street between Fifth and Sixth South
Streets, in Salt Lake City, Utah, on a route the center line of which
is described as follows:
Beginni qg at a point on the center line of the main traok of the
Salt hake City Union Depot and Railroad Company, 9 feet east and about
40 feet north from the monument line of Fifth South Street; thence
turning out easterly and extending southeasterly on a 30 degree curve
to the left about 227 feet to the east side line of Fourth West Street
at a point about 173 feet south from the monument line of said Fifth
South Street. The location of said center line over and across Fourth
West Street is shown by a yellow line on the blue print attached hereto
and made a part hereof.
Section 2. During the term of this franchise the grantee shall
be subject to the following conditions:
(a) Said track shall be laid upon and conform to the established
grade of said street, and if said grade is afterwards changed by or-
dinance of the Board of Commissioners the grantee shall at its ova
expense, change the elevation of the track to conform thereto.
(b) Whenever the said street where 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
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rail, with the same material as that used in the street pavement, and
all ties shall be laid upon a concrete base of such thickness as shall
be directed by the city engineer.
(c) Said grantee shall put in and maintain such crossings over
said spur track as shall from time to time be required by the Board
. of Commissioners, and cars and engines shall not be permitted to stand
on said track across Fourth West Street.
(d) Said track 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 conduits 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) Salt Lake City reserves the right to regulate and control
the speed of all trains, engines and oars operated by the grantee,
its successors or assigns, within the city.
(g) Said grantee, its successors and assigns shall gravel and
maintain in good condition, at the established grade, the street along
which the track runs, to within one and one-half inches of the top of
the rails and between said rails and on each side of the outer rails,
for a distance of twenty-five feet, subject to the approval of the
Superintendent of Streets.
Section 3. Nothing in this grant shall be construed so as to
prevent Salt Lake City or its authorized agents, contractors, person
or corporation to Whom a franchise may have been or may hereafter be
granted, from paving, sewering, laying gas or watermains, or pipes,
altering, repairing, or in any manner improving 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 i(C4Q.
/%
Provided, however, that if for a period of nine consecutive months
during the life of this franchise, the said spur track is not used
for the express purpose for which this franchise is granted, this
franchise shall be null and void, and if so ordered by the Board
• of Commissioners, said spur track shall within thirty days there-
after, be removed and the street restored to the condition existi
prior to the construction of the same.
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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 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 .4ntee her in, its successors and. assigns, 11
p4y th arhbunt of az 1adgc . deterreiflation or adjudication which,
ircany/ or proce dine, 15K11.be or shall be found-jgainst Salt Lake
Ci't howl , hat ' f'id grantee, its successors and assigns,
Coo y, ;rori S ded,
i 4) • shall Aav4;,had not ice of pan h s nits, and an oppoxtuni y to appe ar
and defend]the same, 1Q,,ai1d. said ntee, its successors and'^assigns,
shall appear in and d i`end all actions brought aga nst SSlt Lake City
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for ai injury or damage by reason of the construction, •operation or
maintenance of said spur track.
Section 5. The franchise is grantee for a period of twenty-five
years, from and after the approval of this ordinance.-
Section 6. Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the grantee within thirty days
and the track con:;tructed within ninety days, from the passage of this
ordinance, the same shall be null and void.
Section 7. This ordinance shall take effect upon its first pub-
lication. P�
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