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103 of 1918 - Franchise to Oregon Short Line Railroad Company two spur tracks in 4th West and Ninth North streets ROLL CALL 4--` >too ot=,A.r NE • VOTING AYE NAY i z' p `Q —- - Salt Lake City,Utah,_ iJ„� '"o- , k L� ,191 Crabbe f Green —_ . I move that the ordinance be passed.Neslen- D ��,' '4_Y- Scheid.. +, C Mr. Chairman 1 Hj- - i Result /Q3 • N ORDINANCB tin ordinance granting to the Oregon Short mine Railroad Company, its successors and assigns, the right to construct, operate and maintain a standard gauge spur railroad track in }Fourth Nest Street over and across Ninth North Street, and two standard gauge spur railroad tracks in 4th Nest Street, north of Ninth North Street, 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 granted to the Oregon Short Line Railroad Company, and to its successors and assigns, to construct, operate and maintain a standard gauge spar railroad track in Fourth Nest Street, over and across Ninth North Street, and two standard gauge spur rail- road tracks in 4th Nest Street, in Salt lake City, Utah, the center line of said spar tracks being more particularly described as follows: • Beginning at a point in the center line of the present track of the said Oregon. Short Line Railroad as now located in Fourth Nest Street, said coint being six and nine tenths (6.9) feet east, and one hundred eighty-one and five tenths (181.5) feet south, from the monument at the intersects on of the monu- ment lines of Fourth Nest and Ninth North Streets; thence northerly along a 12° 26' curve to the left for a distance of sixty-five and nine tenths (65.9) feet; thence along the tangent to said curve for a distance of one hundred forty-one and two tenths (141.2) feet; thence alor,; a 12° 26' curve to the right for a dis- tance of sixty-five and nine tenths (65.9) feet, to a point in said 4th lest Street, said point being eight and five tenths (8.5) feet east of the west line thereof; thence north along a line which is eight and five tenths (8.5) feet easterly from and parallel to said west line of 4th Nest Street, for a distance of seven hundred_ seventy-four (774) feet to end. of said. track. ,lso begin:ain_ at a point in the center line of the said present track of said railroad, said point being six and nine tenths (6.9) feet east and sixty-three and five tenths (63.5) feet north of the monument at the intersection of the monument lines of 9th North and 4th Nest Streets; thence nor therly along, a 12° 26' curve to the left for a distance of sixty-five and nine tenths (65.9) feet; thence along the tangent to said curve for a distance of twenty-five and seven tenths (25.7) feet; thence along a 12° 26' curve to the right for a distance of sixty-five and nine tenths (65.9) feet, to a point twenty-four and nine tenths (24.9) feet east of the west line of 4th Nest Street; thence north along a line which is twenty-fa ar. and nine tenths (24.9) feet easterly from and parallel to said west line of 4th West Street for a di stance of six hundred forty nine and five tenths (649.5) feet, to the end of said track. Tae center line of said spar trac`:s being more particular- ly shown in yellow upon the attached print, which is hereby made a part of this ordinance. .1_03 eetion £. Durine t!4 term of this franchlue the grantee shall be aubjeet to the followla conditions: (a) Thai said spur freaks shall be laid upon anh. conform to the grade of geld otreets, and if the said. grade Is afterward changed by ordinance or the Board of City Commissioners, tne gran- tee shall, at its own expense, change the elevation of the tracks s. ns to conform to the same. (b) 4henever said street') whore mild spur tracen are con- structed shall be paved, re-surfeced or repaired, then said grantee it sueceosors and aeolms, ohall pave, re-surface or repair between the rails and f.7,7. o space of two feet outside of each rail with the same rind of material used on the said streets, or with ouch other material as may be approved by the Board of ommlasionera, and ell tiwi shall be laid upon a concrete base of such Vhicknems as shall be directed by the City ..::;ngineer. (c) The said spur tracks shall be laid and the road operated el as to cause no unnecessary lupediment zo the common and ordinary use of said etreets upon which theg are laid. (d) ialt Dekc City reserves the right to regulate and centre the 'speed ef all trains, englnee ec core operated by the erantee, ilseuceeesers aw, aoligne. upon the said tracks. Aelthor engines nor care o.ail be ,iormitted to stand on said spur traos on esi d 111,th llorth ',Arent. (e) That if ti '2iittin in meld spur tracks mild grantee thel! remove or in any manner interfere with the pavement, eldewalke, cure or gutters on said streets it anal' replace ouch pavement with the same or euoh other material as shell be ordered by the Board of and gutte' s commissionere end ehall replaee ouch eidevelke and uoh curte.'.io th' satisfaction of t'l Sepervieor of Streets, and shell se construct gutters that they will allow free passage of water, an6 to the satiofaction of the Supervisor of tAroete. (f) Oald grntee shall put in and maintain ovah crodeinge over sale traokm as enall from tie to ti,e be required by the card of Commiselonere. (g) lood see sufficient conduits to oodvey water shall be laid and maintained in goc.d condition aft tqe &vane* of meld grants - in ell water ditches crowed by said tracki. or) nr, to admit of free poetess,. of at or. VI) id grantee, its saccessore ri)t-t assigns. shall Freya' + and maintain in good condition at the established grne et Ninth forth Zireet carries which sala treks ran. to ithin one end one-. hair incheo of the top of the rails a n6 between said rallo,end,for and fo y2 the entire, length of tracks as provided in the fri.nchis 4. v eletEtnero of twenty-five foot on each nide al the outer rail/ cuSH jet to t'10 cparovul o:',.'.' the Supervisor of.2treoto. : ection, 3. Vothing in tht ,-7rant shall be so. construed an to provont ;.ialt Lake City or its authorised airents, contractors, or •,7.a:,trrsort or carnration to whom o. tramline nay have boon or rmty horoi I after be f,mrtnted, fren eavi.ng, cowering, laying gTto or water mains, piles or condui.to, alterin7, repeirinFr or in any manner improving Intl t."j atrontf,.7. . z'Actlan 4. !';fili'j- :1.7l'untoo heroin, Ito cocoonore and assigns, olell, ti•id by the oceoutonce of 'cic.i privileces end franchises nera.1 in rcrantoo. ;7;.%.1 in cfinsider'llon. aii' the sane, Open bind itself, it , euccoosorn deo noolois, u7..,en its acceptance e Vila frr.nchiee, to eava 4ald city harmless fro a oll suits, claire, demands rk.li Nig,- 27ants wtictsoover, whether in low or in equity, wiliel 3f10.11 be neeertod, found or raadered in aiy manner_whatooever, scainst maid ,-- city .f'or injurr or doper:" to abutting proptYO75;-Ottivizie, by reason. ar Vso i3rantin.1 of tole freAchise, or by reason of the co;,- atruotion or operation of said spur tracks, end that i;',e Irontee herein, It successors old acoloas, vill.1 pay tie erourrt of any jud6 rent, cattartginetion or adjudication. which, In ehy atlit or proceed.- inpv, mazp bc 7,,r °hail be found against said r.,alt isi7:e City; provid,.).!", tiniever, t'lit said f,ira.nteo, its ouccoosoro ohc on:Aa, E3'1a1.1 neve 'had notice of any :71.1oh ';:'tits, and an opportunity to appear anc de- fend the awe, a.-..ld hal f:Trantoe, lto aurnoodr.',VI and aosigns, ehol/ appear in aii:,. .'',•efond all notions brougtit nhinet •tal.t .r.t17.,:o City for any injury or ,iervac;:e -by reason of the conotruction, Oporntion or eintonnioo of said spur trnoko. ction L. This :franchise in m•auted for the Tleriod or twenty-five years from an atter to peas/ice of this ordinance, provided, ?vrtvevor, that 1.1. r'zr a .pariod of nine connocative months ; C.,,urine t •:e life of th'o frrechiee, ,..rtid spur tracks ore not used .,.-: . I 1 for the purposes for which th1s franchise is grented, er if shore ie a substantial abandonment of t:c use of said spur tracks for maid pursmes„ said trenching shall be voidable at the option of the Beard of Commissioners; and if so ordered by the Board, or COMM1016- lunar's. said erur traCke shall within thirty days thereafter, be removed cla the streets restored to s cxoldition uniform with tne balance of said streets ritn respect to grade, material° and eon.. struction, and to the satisfaction or the Mrpervisor of ,,:treete. In trio event of failure of sold railroad coLlpany to remove naid tracks and restore said street° pCFc such notice, rna within eald thirty days, the said work nay be done by haI Lake City at the evenee of said. railroad, Company. 2ectien 6. Unless this grant and ell the terms end conditions thereof shall be accepted in writin by t-,10 fltUO hariain within thirty days the ;=41;1h1s ordinance, snd unless such trsoka be conetruoted within one year from the date of such passage! then this ordinance snail be null and void. .Action 7. This ordinances ehall tal,ae thirty-one days after its passage. seed by the Board of Commissioners of !Atilt Lae City, Utah, • Pal 627 -1774.4L- .._ City 1-000rder. Lill ,eublished • tit. v .... .z, f,, , ea, .. . . 'r bE �'� y ' kS !r; ,`" ,, . o C.) iti 11 74 a liL it yt • 9 �\ p0.1g °1'43 )1_ ,: vv v.�,�;,�r , /1,