HomeMy WebLinkAbout85 of 1915 - Substitute for Bill 83, franchise to Denver and Rio Grande Railroad Company in Fourth West between F 1 ..
ROLL CALL
, -
VOTING Yes No \
S411;Lake City,Utah, June 28, 191.5
;hearman
Veils --V I move that the ordinance be passed.
,,.
.awrence
'lords
................'-'4 .....i... k.- 1.• ,„, t,I 1
4r.Chairman
I
lesult
--5
AN ORDINANCE .
An ordinance granting to The Denver and Rio Grande Railroad
Company, and to its successors and assigns, a franchise end right
of way to construct and operate a. single spur railroad track on
Fourth West Street between Fifth end Sixth South Streets, in Salt
Lake City, Utah.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. A franchise and right of way is hereby given and
granted to The Denver and Rio Grande Railroad Company, its succes-
sors 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:
Beginning at a point on the center line of the main track of
the Salt Lake City Union Depot and Railroad Company, 9 feet east
and about 40 feet north f om 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 yello
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) That the grantee, its successors and assigns, shall
install and maintain in connection with said spur track what is
known as a concealed switch.
(b) Said track shall be laid upon and conform to the estab-
lished grade of said street, and if said grade is afterwards
changed by ordinance of the Board of Commissioners, the grantee
shall, at its own expense, change the elevation of the track to
conform thereto.
(c) Whenever the said street where such track is constructed
shall be paved, then said grantee, its successors end assigns,
shell pave between the rails end for a space of two feet outside
of each 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.
(d) 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 shell not be permitte.
to stand on said track across Fourth West Street.
(e) Said track shall be laid end the road operated so as to
cause no unnecessary impediment to the common and ordinary use of
said street upon which it is laid.
(f) 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.
(g) Salt Lake City reserves the right to regulate and contro
the speed of all trains, engines and cars operated by the grantee,
its successors or assigns, within the city.
(h) Said grantee, its successors and assigns, shall gravel
end 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, fora. distance of twenty-five feet,
(1 •
subject to the approval of the Sitpe44fitexideat 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, severing, laying gas or water-
mains, or pipes, altering, repairing, or in any manner improving
Van said street, but all such improvements shell be made with as
little injury as practicable to said spur traok end the operation
thereof.
-2-
SECTION 4. The said grantee herein, its successors and
assigns, shell, and by the acceptance of the privileges and fran-
chises herein granted, end in consideration of the same, does bind
itself, its successors and assigns, upon its acdeptsnoe of this
franchise, to save said city harmless from all suits, claims, de-
mands 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 reaso.
of the operation of said spur track; and that the grantee herein,
its successors and assigns, will pay the amount of any judgment,
determination or adjudication which, in any suit or proceeding,
may be 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 successors 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.
SECTION 5. The franchise is granted for a period of twenty-
five years, from and after the approval of this ordinance; provide. ,
however, that if for a period of nine consecutive months during th.
life of this franchise, the said spur track is not used for the
express purpose for which this franchise is granted, this frnnchis
shall be null and void; and if so ordered by the Board of Commis-
sioners, said spur track shall within thirty days thereafter, be
removed, and the street restored to the condition existing prior
to the construction of the same.
SECTION 6. Unless this grant and all the terms and condition.
thereof shell be accepted in writing by the grantee within thirty
days, and the track constructed within ninety days, from the
passage of this ordinance, the same shall be null and void.
-3-
SECTION 7. This ordinence shell take effect upon its first
publication.
li'l 4 i � S r
i' 61 l a e l N 1 / F tf n
—1
Passed by the Boerd of Commissions of Belt Lake City, June 28th
1915. /
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