The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-05-12
AN ORDIN ANCE.

I
i cessors and assigns u trSnchise and right
OF way TO construct anu operate TWO spur
| railroad tracks on and across Ienth West
street between Soutn Temple ana tle'
South streets in SaIt Lake CITY, Otah'
Be it ordained by tho City Iounch OF
| Salt Lake CITY, Utah:
Section /. A franchise and right OF way
| IL hereby given and granted to the west
! ern Pacific Railway company ana TO us
| successors and assigns 10 lay, conStruSN
| and operate a switch or spur stdhu1itu ,it
| gauge railroad track upon 1cnth Ncs.
| street between South temple ana fHS'
South streets, in Salt Lake CITY, Ut'n;
beginning upon thc west side OF said
Tenth West street, at II point ABOUT tep
| feet south from where the proposed MAN MAN
line OF said Western Pacific RaliWag
| company crosses said street. as permltt leu
| by the franchise heretofore Gfahleo 70
| said Western Pacific Railway COMPANY
and running thence eaStcrly ana SOUL
| caStcrly upon convenient curve aCi
said Tenth West street 10 and on lot T.
block So, plat C." Salt Lake City sur
! Vey, and there is also hereby granteo 10
the said grantee and TO It's suceessols s;','ls
| and assigns tho right TO lay, consIruSe
and operate a switch OF spur iI' ,hc
| gauge railroad track leading from .ne
! above described spur or switch at con
Venicnt point In said street, and dlNeIslh6
from said above-dcscrlbed spur or sWltSn
| upon a convenient curve southedSteltS
across said street on And to lot 4, block
| So, plat C" Salt Lake CITY survey,
more particular designation OF the ioca-
| ton OF suld spurs being shown upon ths
map and blue print hereto attached ana
made n pnrt hereof: the spurs being indi-
Gated by the yellow lines thereon, diNerg
| ing from the red lines indicating the mann
| line or said railway company
Sec. ? During the terms OF tnls ltah-
chise the grantee shall be subject TO inc
| following conditions. viz;
(a) That said switches or spur tracks
shall be laid upon and conform TO the
established grade OF said street anu IL
said grade Is afterward changea by IIoet
of the City Council the grantee shal aS
It's own expense change the elevation Oh
| the tracks so as TO conform TO inc saIne'
| b) Whenever said Tenth West street
between South Temple and First South
streets. shall be paved. then Snl1
grantee it's successors ana assigns Shall
pave between the rails and for space OIL
two feet outside OF each rail- with tne
same material as that used In the street
pavement.
(c) Said grantee shall put in and main
tain such crossings over said switches OF
spur tracks as shall from time TO slIne
be required by the City Council.
(d) Tho said switches or spur tracks
shall be laid and the road operated so
as TO cause no unnecessary impcdlment
to the common and ordinary use OF said
street upon which II is laid,
(c) Good and sufficient boxes TO convey
water shall be laid and maintained In
good condition at the expense OF SAID
| grantee in all the water bitches crossed
| by the said switches or spur tracks. so
as TO admit OF free passage of water.
| Sec. 3 Nothing in this grant shall be
so construed as 10 prevent salt Lako
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 practlca-
BILE to said spur tracks and the operation
thereof.
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 ac-
cldent or damage that may occur In the
construction or operation OF said spurs
or switches, by reason of the default or
misconduct OF said grantees, and Its sue
ccsSors and assigns or their employees
and tho acceptance OF this grant shall be
deemed an agreement on the part or said
grantee for itself and successors and as
| signs, to appear In and deicnd all &C
| tlons brought against Salt Lake city Tor
any injuries or damages by reason OF the
| construction or operation OF said tracks,
| to savc the said city harmless from and
| against all liability, loss. costs eNpensee
| and damages OF any nature arising out
| of any such default or misconduct, or
which may accrue by reason OF any accl-
| dent or Injury which may occur In or
by reason OF the construction or opera
| tlon of said railway, and TO indemnify
| and repay said city for any loss, costs
| expense or damage OF any kind, II may
! sustain by reason Of any sucn default
| misconduct accident or injury, and II
any judgment for damages for any such
| default, misconduct. accident or injury be
| recovered against the said city, the re-
covery thereof and the Judgment there
for shall be final as between the said city
and the said grantee. and It's successors
| and assigns and exclusive as TO tho la
bllitv OF the latter TO the former: pro-
vldcd said grantee has had notice OF the
| pcndency Of the suit In which such 1udE-
| 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
| h1~
DAYS after the passage and approval OF
this ordinance. or If said spur tracks
ono year from the date of such accopt-
| ance then this franchise shall become
| null and void.
Sec. I. This ordinance shall take effect
upon Its passage and approval.
Passed by the City Council OF Salt Lake
City, Utah. May Z, 1906 and referred to
the Mayor for his approval.
City Recorder.
''''' EZRA THOMPSON.
State Of Utah. City and County of Salt
Lakes
/, J. B Moreton. City Recorder of Salt
Lake City. Utah. do hereby certify that
the above and foregoing is a full, true
and correct copy or an ordinance entitled.
| IAN ordinance granting 10 the Western
Pacific Railway company ond TO It's sue
cessors and assigns franchise and right
OF way TO construct md operate two
spur tracks on and across Tenth West
street between South Temple and First
South streets. In Salt Lake City. Utah
passed by the City Council OF Salt Lake
City Utah May I, 1906, and approved by
the Mayor MAY s, 1906, as appears of
record In my oillce.
In witness whereof I have hereunto set
nv hand and affixed the corporate seal
OF said city. this 10th day OF MAY 1905.
[Scal1 J. Il. MOHEIoN.
City Recorder.
Bill No 60 xS97