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130 of 1920 - Oregon Short Line Railroad Company across 14th South street and Washington streets and alleys in Tem OTIN G. I A.1' NAY lir '.. .1 Barnes-- 'Burton Crabbe ---1-d-------' —771-11 VH—li Salt Lake City,Utah, ',',\. ' ''? I move that the ordinance he passed. Green , 192........ iiiin , 1 i ..--- ... Mr. Chairman "--"-H Result l 30 ORDINANCE AN ORDINANCE granting to the OREGON SHORT LINE RAILROAD COISPANY, its successors and assigns, the right to construct, operate and maintain, a standard gauge railroad track over and across Your- teenth South Street and Washington Street and the Alleys in Block 'Two (2) of Temple View Addition to Salt Lake City, Utah. BE IT ORDAINED' by the Board of Commissioners of Salt Lake City, Utah: Seotion 1: A franchise and right ofway is hereby granted to the Oregon Short Line Railroad Company, and to its successors and assigns, to construct, operate and maintain a standard gauge railroad track over and across Fourteenth South Street and Washington Street and the Alleys in Block Two (2) of Temple View Addition to Salt Lake City, Utah, the center line of said track being more particularly described as follows: Beginning at a point in the North line of the North Alley i in said Block Two (2), said point being thirty silt and five tenths (36.5) feet West of the intersection of said North line of Alley with the East line of said Block Two (2); thence Southwesterly for a dis- tance of eighteen (18) feet, to a point in the South line of said Alley, said point being forty three and eight tenths (43.8) feet West of the intersection of said South line of Alley with the East line of said Block Two (2) , also Beginning at a point in the East line of the Worth and South Alley of said Block Two (2) , said point being forty four (44) feet North of the intersection of said East line of the North and South Alley with the North line of the South Alley of said Block Two (2); thence Southwesterly for a distance of thirty and five tenths (30.5) feet, to a point in the West line of said North and South Alley, said point being twenty one and eight tenths (21.8) feet Fort of the intersection of the said West line of the Worth and South Alley with the North line of the South Alley of said Block Two (2) , also . -1- T 130 Beginning at a point in the North line of the South Alley of said Block Two (2) , said point being nineteen and eight tenths (19.8) feet West of the intersection of the said North line of the South Alley with the West line of the North and South Alley of said Block Two (2); thence Southwesterly twenty-two (22) feet, to a point in the South line of said South Alley, said point being one hundred twenty two and two tenths (122.2) feet, East of the intersection of the said South line of the South Alley with the West line of said Block Two (2) , also Beginning at a point in the East line of Washington Street, said point being ten and six tenths (10.6) feet North of the inter- section of the said East line of Washington Street with the North line of Fourteenth South Street; thence Southwesterly for a distance of one hundred eleven and eight tenths (111.8) feet, to a point in the South line of Fourteenth South Street, said point being fourteen (14) feet West of the intersection of the said South line of Four- teenth South Street with the West line of Washington Street. The location of the center line of said track being more particularly shown in yellow upon the attached print, which is here- by made a part of this ordinance _ Section 2: During the term of this franchise the grantee shall ba subject to the following conditions: (a) That said track shall be laid upon and conform to the grade of said streets and alleys and at the intersection of 14th South and Wash- ington Streets the grantee shall under the direction of the Department,e, Streets and Public Improvements grade the street on the north of said so as not to interfere with vehicle traffic over either of said street " and if the said grade is afterward char\_,ed by the Board of Commissione the grantee shall, at its own expense, change the elevations of the tr so as to conform to the same. streets and alleys where said track is P constructed shallbe paved, re-surfaced or repaired, then said grantee, its successors and assigns, shall pave, re-surface or repai between the rails and for a space of two feet outside of each rail with the same kind of material used on the said streets and alleys, or with such other material as may be approved by the Board of Com- missionets, and all ties shall be laid upon a concrete base of such thickness as shall be directed by the City Engineer. (a) The said track shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of such streets upon which it is laid. (d) Salt Lake City reserves the right to regulate and control the speed of all trains, engines and cars operated by the grantee, its successors and assigns, upon the said track. -2- ' i (e) That if in putting in said track said grantee shall remove or in any manner interfere with the pavement, sidewalks, curb or gutters on said street it shall replace such pavement with the same or such other material as shall be ordered by the Board of Com- missioners and shall replace such sidewalks and such curbs and gutte to the satisfaction of the Supervisor of Streets, and shall so con- struct gutters that they will allow free passage of water, and to th1 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 maintained in good condition at the expense of said grantee 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, contractors, or per son or corporation to whom a franchise may have been or may hereafte be granted, from paving, sewering, laying gas or water mains, pipes or conduits, altering, repairing or in any manner improving said streets and alleys. Section 4: Said grantee herein, its successors and assigns, shall, and by the acceptance of the privileges and franchises herein'I granted, and in consideration of the same, does bind itself, its suet cessors 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, Personal injuries or other- wise, by reason of the granting of this franchise, or by reason of the construction or operation of said track, and that the grantee herein, its successors and assigns, will pay the amount of any judg- ment, determination or adjudication, which, in any suit or proceed- ings 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 opportunity to appear and defen the same, and said grantee, its successors and assigns, shall appear in and defend all actions brought against Salt Lake City for any in- jury or damage by reason of the construction, operation or mainten- i ante of said track. 1 i i.{ Section 6. 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 track is not used or if there is a substantial aban- donment of the use of said track for said purposes, said franchise shall be voidable et the option of the Board of Commissioners; and if so ordered by the Board of Commissioners, said track shall within thirty days thereafter, be removed and the streets and alleys re- stored to a condition uniform with the balance of said streets and alleys with respect to grade, materials and construction, and to the satisfaction of the Supervisor of Streets. In the event of failure Gem of said railroad company to remove said track and restore said streets and alleys 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 conditions thereof shall be accepted in writing by the grantee herein within thirty days after the taking effect of this ordinance, and unless such track be constructed within one year from the date of such panel age, then this ordinance shall be null and void. Section 7. This ordinance shall take effect thirty one days after its passage. PASSED by the Board of Commissioners of Salt Lake City, Utah, i , 1920. __, ayor.. City Rea der. BILL NO. Published Engineering Oepar etli REFERRED TO SEP 1" 1920 take elky, Utah, 'Su. - , � . 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