126 of 1909 - Ordinance 126 of 1909 – Franchise, O.S.L.R.R. Co., operate a line of railway on easterly side of 3 AN ORDINA?'CE granting to the Oregon Short Line Railroad
Company a franchise to construct, maintain and operate a line of
railway on the easterly side of Third West Street from a point one
hundred twenty-five feet south of the south line of South Temple
Street to a point one hundred fifty (150) feet, more or less, south
of the south line of Third South Street;
WHEREAS by an ordinance passed by the City Council of
Salt Lake City, effective October 2nd, 1903, the said company,
its successors and assigns were granted authority to construct,
maintain andoperate one additional standard gauge railway track
in Third West Street, beginning at a point of connection with its
then existing tracks at or near South Temple Street and extending
southerly to and across Ninth South Street; and,
WHEREAS, in pursuance of the said franchise and the
franchises theretofore granted to it, it has now in said street
between South Temple Street and a point approximately half way
between Second and Third South Streets the railroad tracks as
shown upon the blue print hereto attached by black and white broken
lines; and,
WHEREAS, by franchises duly passed by the said city
council, the right has been granted to the Utah Light & Railway
Company and its predecessors in interest to construct a double track
street railway on said Third West Street between South Temple Street
and Second South Street, and in pursuance of said authority the said
company has constructed and is now maintaining and operating such
double tracks from South Temple to First South Street, as indicated
on said blue print by white lines; and,
WHEREAS, it now proposes in pursuance of said authority
to extend said double track southerly to Second South Street with €
turnouts as shown upon said blue print in red lines; and,
WHEREAS, the said Oregon Short Line Railroad Company now t�
proposes to renove i'ts existing tracks on said street from South
Temple Street to a point substantially half way between
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• Second and Third South Streets and to construct in lieu thereof,
with the consent of said city council, a single track on the
easterly side of the center of said Third West Street from a point
south
one hundred twenty-five feet (125)/of the south boundary line of
South Temple Street, which point is directly east of and on a
line with the south wall of the ;passenger depot building as now
located, and extending thence south to a point ar)proxiiaately one
hundred fifty (150) feet south of the south line of Third South
Street, as shown upon the said blue print hereto attached, by yellow
lines. The said blue print is hereto attached and marked °dhibit
A" and made a /a rt of this ordinance.
NOW, THEREFORE, in consideration of the premises be it
ordained by the City Council of Salt Lake City, Utah, as follows:
Section 1.
That the said Oregon Short Line Railroad Company, its
lessees, successors and assigns have the authority and consent of
the said City Council and permission is hereby granted it to
construct, maintain and operate one standard gauge railroad track
in Third West Street, beginning at a point at or near the south line
of South Temple Street and extending.thence southerly to a point
approximately one hundred fifty (150) feet south of the south line
of Third South Street. Said track shall be so located between
South Temple Street and a point south of Second South Street that
the center line thereof shall at all points be thirteen (13) feet
east of the center line of said Third West Street, and from thence
on thirteen (13) feet east of the existing main track of the Oregon
Short Line Railroad Company to a connection with said existing main
track just south of Third South Street; provided that before the
grantee herein shall be permitted to construct its track as afore-
said, the Utah Light & Railway Company shall file with the City
Recorder of Salt Lake City its written consent to construct
its easterly track on Third West Street between South Temple Street
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and. Second South Street, so that the center line thereof shall
conicide with the center line of said Third Vest Street, and so
that the center line of its westerly track shall be not more than
eleven and seven tenths (11.7) feet west of the center line of
the street or easterly track.
This .r:runt is upon th.ee further condition that said track
shall be used only for the purpose of s -itching cars to and from
the warehouses and other business premises adjacent to Third West
Street, and that cars shall at no time be stored or permitted to
stand thereon; and upon condition that prior to the construction
of said railway line, the grantee shall remove or cause to be
removed its existing tracks in Third West Street as shown upon
said blue print in broken black and white line, as follows: ,
One track between South Temple Street and First South Street.
Two tracks between First South Street and Second South Street;
One track from Second South Street to about midvaJ of the
block between Second South Street and Third South Street, whera
said track now connects with a main line track of said grantee.
And provided also that the sal grantee shall at the time of filing
its acceptance of this franchise, surrender aid abandon all other
rights or franchises now owned or held by it yo maintain trackage
on said Third West Street between South Temple street and Second
South Street, and thence southerly to its too'main lines of track
about midway of the block between Second South! Street. and Third
South Street. But it is not intended that the grantee shall forfeit'..
its franchises for spur tracks now constructed or authorized by the
Mayor and City Council to be constructed to various warehouses
and industries along said Third West Street between the points above •
described.
Section 2.
The rights and franchises hereby granted are for the
term of One Hundred (100) years from October 2nd, 1903, and are
granted anon the following conditions, namely:
First - That said railway track shall be laid upon and con-
form to the established ezrede of the said street, and if such
grade is afterward changed by order of the City Council, said
grantee shall at its own expanse change the said, track so as to
conform to the same.
Second - Shall keep all the space occupied by said, railroad
track in said street and for a distance of two feet outside of
the rails thereof, ballasted with gravel to within two inches of
the tops of the rails and shall also make and maintain such
crossings or said track as shall from time to time be reouired,
by the City Council.
Third - Whenever the said street along which the said, track
is constructed shall be paved, then the said grantee, its lessees,
successors and assigns shall pave between the pails and for a
space of two feet outside of each rail with the same material as
that used in the street pavement.
Fourth - The said grantee, its lessees, successors and assigns
shall lay and maintain sufficient boxes or pipes to convey all
the water required to flow along the streets crossed by said, rail-
road track, the same to be of such dimensions as will permit the
free passage of all water ordinarily flowing in or along such
streets, and during the life of this franchise shall maintain and
keep such boxes or pipes in repair.
Fifth - The said gyantee, its lessees, successors or assigns
shall, within sixty (60) days from the aPProval of this ordinance
accept in writing, filed with the City Recorder, this franchise
and the grants and, privileges herein given, together with the
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conditions upon it binding; and shall in adwnoe of the paving of
said treat, construct and complete said tracks; 2ro-vided, that fail-
ure to accept this frunchiae or to ,: erform the said work as herein
provided and within the time limit specified shall work a forfeiture
of all the rights .):.! t'7e Lrantee hereunder.
SECTIOZ 3. Nothing in this grant shall be so construed as to
prevent Salt Leke City or its authorized agents, contractors, or other .
person or persons from pavire, sewerirg, laying gas or water muino or
pipes, altering, repairing, or in any manner improving. the street men
tinned herein; but all such improvements shall be made with as little ,•
injury as practicable to said railroad and the operation thereof.
That in the construction and operation of said railway the said
grantee and its successors and assigns, at all times conform to
such ordinances, rules and regulations as have been or may be here-
after adopted by the City Council of said. City in relation to operat-
ing railroads,(street railways or tram-ways in said City)and for each'
violation thereof, they shall be liable to a fine in any sum not ex-
ceeding OU.CO; provdded, that nothing in this section shall be con-
strued to provent the City Council of this city from forfeiting this
franchise for any violation thereof as provided herein.
SBOTICE 4. The said grantee herein, its successors and assigns,
shall, and by the acceptance of the privileges and franchise herein
granted, and in consideration of the are, does bind itself, its sues
1 cessors and assigns upon its acceptance of this french Lao, to cave tle
City harmless from all suits, claims, don.nds and judgments whctso-
ever, whether in low or in equity which shall be asserted, found or
rendered in any ILITIACT whatsoever against said City for injury or
damage to abutting property or otherdse by reason of the granting of
this franchise, 5r by reason of the opeervtien of the treca herein
mentioned, or by reason of any accident or ciumue that may occur in
the construct Ion, mainternce or operatic:1-, of said track by roes
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tb. Jo C Lilt ur mlsconduct of th grantee or its successors or ,
or its employees, aenta or contrr.ctors; and tIlat brei:tee herein,
its successors and assigns, 'A.11 pe-j the ariount of any judEment, de-
terminatio,-. or adjudication .:J7( ich in any suit or proceedings may be
or shall be found. a6ainut Salt city arising out of an the
mattars afereavid; proviied., howevor, that said grantee, its successo:.'s
and assigns shall. have had notice of any ouch suits, and an oi)portuni-q
to appear on] defend the sine, and sid ci-f-ntee, ita anucossors and
a2oitlms shall api.:car in an defend all actions broll .ht against 311.,
Loke City for any injury or damaP.n foresaid.
SECTIOil. 5. This ordinance !:,hall take effect upon al4roval.
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conditions upon it binding; and shall in advance of the pavins of
said street, construct and complte said track: Provided, that
failure to accept this franchise or to nerform the said. work as
herein provided and within the tine limit sw,iicifi3d shall work
forfeiture of all riEhts of the grantee hereunder.
Section 3.
This ordinance shall take effect upon approval.
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