The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-05-19
AN ORDINANCE.

| An ordinance granting to the Western
Faciflc Railway company and TO It's sue
cessors and assigns q franchise and right
| OF way to construct and operate two spur
rallroad tracks on and across Tenth West
south streets, in Salt Lake City, Utah.
BE II ordained by the City Council OF
sat sso;ISl Lake City, Utah:
section 1. A franchise and right OF way
Is hereby given and granted to the West
| ern Paolho Railway company and TO It's
SUCCESSORS and assigns 10 lay, construct
gauge railroad track upon Tenth West
street. between South Temple and First
south streets. In Salt Lake City, Utah,
Ienth West street, Mt a point about 100
feet south from where the proposed main
Inc Of said Western Pacific Railway
oy the franchise heretofore granted to
SAID western Pacific Railway company,
ana running thence eastcrly and south
easterly upon convenient curve across
said Tenth West street to and on lot 4.
block SO, plat &c" Salt Lake CITY sur
vey. and thcre Is also hereby granted to
and assigns tho right to lay. construct
ana operate switch or spur standard
gauge railroad track leading from the
above e-described spur or switch at a con-
venient point In said street, and diverging
from said above-described spur or switch
upon convenient curve southeasterly
90. plat &C." Salt Lake City survey.
more particular designation OF the loca-
ton or said spurs being shown upon the
map and blue print hereto attached and
made part hereof the spurs being indi-
Gated By the yellow lines thereon, diverg
Ing from the red lines indicating the main
limo or said railway company.
sec During the terms OF this fran
chise the grantee shall be subject to the
following conditions, viz.
,tal That said switches or spur tracks
shall be laid upon and conform to the
established grade OF said street, and IL
said grade Is afterward changed by order
of the City Council the grantee shall ut
Its own expense change the elevation of
the tracks so as to conform to the same.
lo) Whenever said Tenth West street,
between South Temple and First South
grantee, its successors and assigns shall
pave between the rails and for space of
two feet outside OF each rail- with the
same material as that used in the street
(c) Said grantee shall put in and main
tain such crossings over said switches or
spur tracks as shall from time to time
be required by the City Council
(d) The said switches spur tracks
snail be laid, and the road operated. SO
as to cause no unnecessary impediment
10 ths common and ordinary use OF said
street upon which 1t is laid.
(e) Good and sufficient boxes to convey
good condition at the expense OF said
grantee In oil the water ditches crossed
by the said switches or spur tracks. so
as to admit of free passage of water.
SO construed as, 10 prevent salt Lake
City or its authorized agents from paw
Ing, sewering. laying gas or water mains
or pipes, altering, repairing or In any
manner improving said Tenth West street
between South Temple and First South
streets. but all such improvements shall
be made with as little Injury as practical
bic TO said spur tracks and the operation
thereof.
Sec. 4. This franchise is granted for
the period of one hundred years from
and after the approval OF this ordinance,
Sec. s. That Salt Lake City shall In no
way be liable or responsible for any &C
cident or damage that may occur In the
construction or operation of said spurs
switches. by reason of the default or
misconduct of said grantees and It's sue
coSsors and assigns. or their employees.
and the acceptance OF this grant shall be
deemed an agreement on the part OF said
grantee, for Itself and successors and as
signs to appear In and defcnd' all ac-
tions brought against Salt Lake City for
any injuries or damages by reason OF tho
construction or operation of said tracks,
TO save the said city harmless from and
against all liability. loss. costs, expense
and damage Of any nature arising out
OF any such default or misconduct or
which moy accrue by reason OF any acct
dent or Injury which may occur In or
by reason of the construction or opera
tion of said railway, and to indemnify
and repay said city for any loss. costs,
sustain by reason OF any such default,
misconduct, accident OF injury, and II any
judgment for damages for any such de-
fault misconduct. accident or Injury shall
be recovered against the said city. the re-
covery thereof and the judgment there
for shall be final as between the said city
and assigns and exclusive as TO the la
bility OF the latter to the former; pro-
vided said grantee has had notice OF the
pendency OF the suit In which such judg-
ment is recovered, and has been given an
opportunity to defend the same,
Sec. 6. II this grant. with the terms
and conditions herein contained be not
accepted by said grantee within thirty
days after the passage and approval OF
this ordinance, or If said spur tracks
or switches be not constructed within
one wear from the date of such accept
ance then this franchise shall become
Sec !. This ordinance shall take effect
upon It's passage and approval
Passed by the City Council of Salt Lake
City, Utah MAY T. 1906 and referred to
the Mayor for his approval
]. B. MORETON.
City Recorder.
Approved 'n'' ''f EzRA 2ss T THoMPsoN.
state of Utah. City and County of Salt
I ]. B. Moreton. City Recorder of Salt
Lake City. Utah do hereby certify that
the above and foregoing is q full, true
and correct copy OF an ordinance entitled,
IAN ordinance granting TO the Western
Pacific Railway company and to It's sue
cessors and assigns a franchise and right
of way 10 construct and operate two
spur tracks and across Tenth West
street between. South Temple and First
South streets. In Salt Lake City, Utah.
pa eeed by the City Council OF Salt Lake
city, Utah. May T., 1896, and approved by
the Mayor May 8. 1906. as appears of
In witness whereof have hereunto set
my hand and affixed the corporate seal
OF said city, this 10th day Of May, 1906
City Recorder