133 of 1909 - Ordinance 133 of 1909 – Franchise, O.S.L.R.R. Co., spur track upon 3rd West and on/and across 7th gg 0 R D I N A N C E.
An ordinance granting to the Oregon Short Line Railroad
Company, its successors and assigns, a franchise and right of way
to construct, maintain and operate a single spur railroad track
upon a portion of Third West Street and on and across,Seventh
South Street, in Salt Lake City, Utah.
Be it ordained by the City Council of Salt Lake City,
Utah:
Section 1. A franchise and right of way is hereby given and
granted to the Oregon Short Line Railroad Company, its successors
and assigns, to lay, construct, maintain and operate a single spur
standard gauge railroad track on a portion of Third West Street
and across Seventh South igp!eet in Salt Lake City, Utah; said spur
track to commence at a point in the east main track of the Oregon
Short Line Railroad Company on Third West Street 129.3 feet north
of the north line of Seventh South Street, shown in yellow on
the blue print hereto attached, marked "Exhibit A" and made a
part of this franchise; thence southeasterly on a 12°26134"
curve to the left, a distance of 65.6 feet, thence on an 18o
curve to the left, a distance of 103.5 feet, thence continuing
southeasterly on a tangent 79.4 feet, thence on a 20° curve to
the right, a distance of 30 feet to the north line of Seventh
South Street, where the said spur track enters Lot 5, Block 12,
Plat "A", Salt Lake City Survey, as shown on said blue print
hereto attached,
Section 2. During the term of this franchise the grantee
shall be subject to the following conditions:
• The said spur track shall be laid upon and conform to
the established grade of said streets, and if said grade is after-
ward changed by ordinance of the city council the grantee shall,
at its own expense, change the elevation of the track so as to
conform to the same.
Whenever said streets where such track is constructed
shall be paved, then said grantee, its successors and assigns,
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shall pave between the rails, and for a space of two feet outside
of each rail, with the same material as that used in the street
pavement.
Said grantee shall put in and maintain such crossings
over said spur track as shall from time to time be required by
the city council.
The said spur track shall be laid, and the road operated
so as to cause no unnecessary impediment to the common and ordinary
use of said street upon which it is laid.
Good and sufficient boxes to convey water shall be
laid and maintained in good condition at the expense of said
grantee, in all the water ditches crossed by said spur track, so
as to admit of free passage of water.
Section 3. Nothing in this grant shall be construed as to
prevent Salt Lake City or its authorized agents or contractors
from paving, sewering, laying gas or water mains or pipes, alter-
ing, repairing or in any manner improving said street, but all
such improvements shall be made with as little injury as prac-
ticable to said spur track and the operation thereof.
Section 4. The said grantee herein, its successors and
assigns, shall, and by the acceptance of the privileges and fran-
chises herein grafted, 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 what-
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soever, against said city for injury or damage to abutting pro-
perty or otherwise, by reason of the granting of this franchise
or by reason of the 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 Salt Lake
City; provided, however, that said grantee, its successors and
assigns, shall have had notice of any such suits, and an oppor-
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tunity to appear and defend the same; and said grantee, its suc-
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cessors and assigns, shall 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 track.
Section 5. This franchise is granted for a period of fifty
(50) years from and after the approval of this ordinance.
Section 6. Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the grantee herein within
thirty (30) days from the approval of the ordinance, and unless
said track be constructed within one year from the date of such
approval, then this ordinance shall be null and void.
Section 7. This ordinance shall take effect upon approval
and acceptance.
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yyroved this / 7,..;ti of September, 10C9.
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