104 of 1916 - Franchise to Oregon Short Line Railroad company two spur tracks in Fifth West and 9th South streets. ROLL CALL
VOTING AYE NAY Salt Lake City, Utah,-September_5____191 _6
Green
I move that the ordinance be passed.
Scheid
Shearman _ -- ? 1
Wells
Mr.Chairman
Result AN ORDINANCE
An ordinance granting to the Oregon Short Liae Railroad
Company, its successors and assigns, the right to construct,
operate and maintain two standard gauge spur railroad tracks across
Ninth South Street end in Fifth West Street, in Salt Lake City, Utah.
Be it ordained by the Board of Commissioners of Salt Lake
City, Uteh:
SECTION 1. A franchise end right of way is hereby given and
granted to the Oregon Short Line Railroad Company, and to its
successors and assigns, to construct, operate end maintain two
standard gauge spur railroad tracks across Ninth South Street end in
Fifth West Street, in Salt Lake City, Utah, the center line of said
spur tracks being more particularly described as follows, to-grit:
Commencing at a point in the center line of the mein track of
the San Pedro Passenger Connection of the Oregon Short Line Rail-
road, said point being one hundred eight and eighteen hundredths
(108.10) feet south, and two hundred seventeen and sixty-one
hundredths (217.61) feet east of the City LIonument at the intersec-
tion of Ninth South Street end Fifth West Street; thence westerly
along a twelve degree and t' enty-six minute (12° 26') curve to the
right for a distance of sixty-five and nine-tenths (65.9) feet;
thence north eighty-one degrees end fifty minutes west (N.81 50'
W.i
for a distance of ten (10) feet; thence northwesterly along a thirty-
two degree (32°) curve to the right for a distance of eighty-eight
and seventy-nine hundredths (88.79) feet, to a point in the south
line of syid Ninth South Street; which is the point of beginning;
thence continuing northwesterly along the said thirty-two degree
(32°) curve to the right for a distance of one hundred fifty-six
and two-tenths (156.2) feet; also
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Beginning at a point in the center line of the above described
spur track, which is sixty-nine and thirty-one hundredths (69.31)
feet northwesterly, measured along the center line thereof, from it%
intersection mith the south line of said Ninth South Street; thence
northwesterly along a nineteen degree and thirty-three minute
(19° 33') curve to the right, for a distance of sixty-five and nine
tenths (65.9) feet; thence northwesterly along e twenty-six degree
and twenty minute (26° 20') curve to the right for e distance of
forty-nine and eight- tenths (49.8) feet;
Said spur tracks being
g more particularly shown in yellow on
the attached print, which is hereby made a part of this ordinance.
SECTION 2. During the term of this franchise the grantee shal
be subject to the following conditions:
(a) That said spur tracks shall be laid upon and conform to
the grade of said streets, and if the said grade is afterward Chang d
by ordinance of the Board of City Commissioners, the grantee shall,
at its own expense, change the elevation of the tracks so as to
conform to the same.
(b) Whenever said streets where said spur tracks are construe -
ed shall be paved, then said grantee, its successors and assigns,
shall pave between the rails and for a space of two feet outside of
eaoh rail, with the same kind of material used on the said streets,
or with such other materiel as may be approved by the Board of
Commissioners, and all ties shall be laid upon a concrete base of
such thickness as shell be directed by the City Engineer.
(c) Said grantee shell put in and maintain such crossings
over said spur tracks as shall from time to time be required by the
Board of City Commissioners, and neither engines or cars shall be
permitted to stand on said spur tracks on said Ninth South Street.
(d) The said spur tracks shall be laid end the road operated
so as to cause no unnecessary impediment to the common end ordinary
use of said streets upon which they are laid.
(e) Good and sufficient conduits to convey water shall be lai%
and maintained in good condition at the expense of the said grantee
in all the water ditches crossed by said spur tracks, so es to e.dmi
of the free passage of water.
(f) Sa.4d granted, its successors and assigns, shall gravel
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and maintain in good condition at the established grade, the streets
along which the tracks run, to within one and one-half inches of the
top of rails and between said rails and for a distance of twenty-
five feet on each side of the outer rail, subject to the approval
of the Supervisor of Streets.
(g) Salt Lake City reserves the right to regulate end control
the speed of ell trains, engines and cars operated by the grantee,
its successors and assigns, upon the said spur tracks.
(h) That if in putting in such spur tracks said grantee shall
remove or in any manner interfere with the sidewalks on said street ,
it shall replace the same so far as possible, and to the satiefacti n
of the Supervisor of Streets.
SECTION 3. Nothing in this grant shall be so construed as to
prevent Salt Lake City or its authorized agents, contractors or
person or corporation to whom a franchise may have been or may
hereafter be granted, from paving, severing, laying gas or rater
mains, pipes or conduits, altering, repairing, or in any manner
txprxg'rta improving said streets.
SECTION 4. Said grantee herein, its successors and assigns,
shall, and by the acceptance of the privileges and franchises herei
granted, and in consideration of the same, does bind itself, its
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 personal injuries, or
otherwise, by reason of the granting of this franchise or by reason
of the 6peretion of said spur tracks, end that the grantee herein,
' its successors and assigns, will pay the amount of any judgment,
determination or adjudication, which, in any suit or proceedings,
may or shall be found against said Salt Lake City; provided, howeve
that said grantee, its successors and assigns, shell have had notic
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of any such suits, and an opportunity to appear and defend the same
and said grantee, its successors end assigns, shell 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 tracks,
SECTION 5. This franchise is granted during the pleasure of
the Board of Commissioners of Salt Lake City; and this franchise
may be annulled and made void at the option of the Board of Commis-
sioners; and if so ordered by the Board of Commissioners, said spur
tracks shall within thirty days after written notice, be removed
and the streets restored to the condition existing prior to the
construction of the same, and to the satisfaction of the Supervisor
of Streets, and upon failure of the grantee, its successors and
assigns to comply with such order, this franchise shall be null and
void.
SECTION 6. Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the grantee herein within
! thirty days from the passage of this ordinance, sn& unless such
ninety da s
tracks be constructed within xfrom the date of such passage,
then this ordinance shall be null and void.
SECTION 7. This ordinance shell take effect upon its first
publication. ' 4
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Passed by the Board of Commissioners of Salt Lake City, Utah,
September 6th , 1916.
Mayo r .
// Cites y ecorder.
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