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Home My WebLink About13 of 1919 - Franchise to Oregon Short Line Railroad Company spur track across 2nd West between 2nd South and 3rd VOTING AYE NAY - -- _ --- �� Salt Lake City,Utah, April_?4 a 191_.9_. Crabbe... !R.• n'Gree ._ ....-- _- __.' T move that the ordinance be passed. I I Neslen.. .- -I Scheid- I •• --- Mr. Chairman.._ Result /3 ROLL CALL An Ordinance granting to the Oregon Short Line Railroad Cew .. 440 mesSeesers and assigns, the right to construct, operate and maintain a standard gauge spur railroad track over and across 1 Second West Street, between Second and Third South Streets, in Salt Lake City, Utah. Be it ordained by the Board of Commissioners of Salt Lake 1 City, Utah: Section 1. A franchise and right of way is hereby granted lto the Oregon Short Line Railroad Company, and to its successors and , assigns, to construct, operate and maintain a standard gauge spur 'railroad track over and across Second West Street, between Second and Third South Streets, in Salt Lake City, Utah, the center line of , said spur track being more particularly described as follows - 1 Besinning at a point in the West line of said Second West IjStreettt said pditat being one hundred fifty six and five tenths (15606) feet of the Southeast corner of Block Sixty one (61), (Plat "A" Stilt Sake City Survey, tIgenee Bast for a distance of one hundred thi, One and ninety four hundredths (131.44) feet, to a 1point in the st line of said Second WestStreet, said point being one hund�;,sd,f y six and five tenths (156.5) feet, North of the Southwest corner of Block Sixty (60) Plat "A" Salt Lake City euvey. T 0 Centex line of said spur track being more particular s shown in yellow upon the attached print which is hereby made a part of this ordiflartce. Section 2. During the term of this franchise the grantee shall be subject to the following conditions' (a) That said spur track shall be laid upon and conform to the grade of said street, and if the said grade is afterward ohanged by ordinance of the Board of City Commissioners, the grantee shall, at its own expense,change the elevation of the track so as to con- form to the same. (b) Whenever said street where said spur track is construct f ,shell be ;p e.ied, re-surfaced or repaired, then said grantee, its successors and assigns, shall repave, re-surface or repair between I' I the rails and for a space of two feet outside of each rail with the same kind of material used on the said street, or with such other 1 -1- .* ( �. t� j°� �* .a �,r�"`"JJ ,� � �d��,x��-, �dd y �` :,��`�r��s:C° fir. i! material as may be approved by the Board of Commissioners, and all ties shall be laid upon a concrete base of such thickness as shall be directed by the City Engineer. (e) The said spur track shall be laid and the road opera- ted so as to cause no unnecessary impediment to the common and ordinary use of said street upon which it is laid. (d) Salt Lake City reserves the right to regulate and con- trol the speed of all trains, engines and cars operated by the grantee, its successors and assigns, upon the said track. Neither engines nor oars shall be permitted to stand on said spur track in Second West Street. (e) That if in putting in said spur track said grantee shall remove or in any manner interfere with the pavement, side- walks, curbs or gutters on said street, it shall replace such pave- 'i i mment with the same or such other material as shall be ordered by it the Board of Commissioners and shall replace such sidewalks and suchll curbs and gutter to the satisfaction of the Supervisor of Streets, and shall so construct gutters that they will allow free passage of water, and to the satisfaction of the Supervisor of Streets. (f) Said grantee shall put in and maintain such crossings over said track as shall from time to time be required by the Board ;( of Commissioners. (g) Good and sufficient conduits to convey water shall be laid and maintaingd in good condition at the expense of said gran- tee in all water ditches crossed by said track, so as to admit of free passage of water. Section 3. Nothing in this grant shall be so construed as to prevent Salt Lake City or its authorized agents, oontraetors, or !I person or corporation to whom a franchise may have been or may hereafter be granted, from paving, sewering, laying gas or water mains, pipes or conduits, altering, repairing or in any manner im- proving said street. I 'ti ,,. Ii -2- t: • �I Section 4. Said grantee herein, its successors and assign shall, and by the acceptance of the privileges and franchises here- in 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 judg- ments whatsoever, whether in law or in equity, which shall be I asserted, found or rendered in any manner whatsoever, against said city for injury or damage to abutting property, personal injuries or otherwise, by reason of the granting of this franchise, or by reason of the construction or operation of said spur track, and 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 be or shall be found against said Salt Lake City; provided, however, that said grantee, its successors and assigns, shall have had notice of any such suits, and an opportuni- ty to appear and defend the same, and said grantee, its successors and assigns, shall appear in and defend all actions brought against Salt Lake City for any injury or damage by reason of the construc- tion, operation or maintenance of said spur track. Section 5. This franchise is granted for the period of twenty-five years from and after the passage of this ordinance, provided, however, that if for a period of nine consecutive months during the life of this franchise, said spur track is not used for the purposes for which this franchise is granted, or if there is a substantial abandonment of the use of said spa:- track for said pur- poses, said franchise shall be voidable at the option of the Boarid of Commissioners; and if so ordered by the Board of Commissioners, said spur track shall within thirty days thereafter, be removed and the street restored to a condition uniform with the balance of said street, with respect to grade, materials and construction and to the satisfaction of the Supervisor of Streets. In the event of failure of said railroad company to remove said track and -3- I `� II ,; iI I restore said street upon such notice, and within said thirty days, the said work may be done by Salt Lake City at the expense of said Railroad Company. Section 6. Unless this grant and all the terms and condi- tions thereof shall be accepted in writing by the grantee herein i! within thirty days after the taking effect of this ordinance, and unless such track be constructed within one year from the date of such passage, then this ordinance shall be null and void. Section 7. This ordi noe 1 take effect thirty-one day after its passage. Passed by the Board of o oners of Salt Lake City, Utah. 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