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14 of 1916 - Franchise with Oregon Short Line Railroad Company, Spur track 3rd West - 6th South and 7th South str ROLL CALL A o VOTING AYE NAY Salt Lake City, Utah,_JSn11Axy_$]T___191.6 Green ______ __ _ _ I move that the ordinance be passed. Scheid Shearman iJAA.; Wells k/. I Mr.Chairman._ Result AN ORDINANCE An ordinance granting to the Oregon Short Line Railroad Company, its successors and assigns, the right to construct, operate and maintain a standard gauge spur railroad track on Third West Street between Sixth South and Seventh South Streets, in Salt Lake City, Utah. Be it ordained by the Board of Commissioners 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, and to its successors and assigns, to construct, operate and maintain efpur standard gauge railroad track on Third West Street between Sixth South and Seventh South Streets, in Salt Lake City, Utah, the center line of said spur track being more particularly described as follows, to-wit: Beginning at a point in the center line of the west main track of the Oregon Short Line Railroad, which point is three hundred eighty-nine and fifty-seven hundredths (389.57) feet north, and five (6) feet west of the monument at the intersection of Seventh South and Third West Streets; thence southerly along a twelve degree and twenty-six minute (12° 26') curve to the right for a distance of sixty-five and nine-tenths (65.9) feet; thence south- westerly along a thirty-two degree (32°) curve to the right for a distance of one hundred nineteen and twenty-two hundredths (119.22) -1- feet, to a point in the east line of Block Twenty-six (26) , Plat "A", Salt Lake City Survey, said point being one hundred fifty-three and eighty-nine hundredths (153.89) feet north of the southeast oorner of said Block Twenty-six (26). Said spur track being 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 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 changed by ordinance of the Board of City Commissioners, the grantee shall, at its own expense, change the elevation of the track so as to conform to the same. (b) Whenever said street where said spur track is constructed shall be paved, then said grantee, its suooessors and assigns, shall rase between the rails and for a space oLVw feet autaiae of aaah rail, with the same kind 41 material used on the said street or with such other material as may be approved by txe, Bgarl.-of ohs s1 signers. and all ties shall be laid upon a concrete oase of such tnickness as shall be directed by the City Engineer. (o) Said grantee shall put in and maintain such orossings over said spur track as shall from time to time be required by the Board of City Commissioners, and neither engines or oars shall be permitted to stand on said spur track on said street. (d) 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. (e) Good and sufficient conduits to convey water shall be laid and maintained in good condition at the expense of the said grantee, in all the water ditches crossed by said spur track, so as to admit of free passage of water. -2- (f) Said grantee, its successors and assigns, shall gravel and maintain in good condition at the established grade, the street along which the track runs, 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 eaoh side of the outer rail, subject to the approval of the Supervisor of Streets. (g) Salt Lake City reserves the right to regulate and control the speed of all trains, engines and oars operated by the grantee, its successors and assigns, upon the said track. (h) That if in putting in such spur traok said grantee shall remove or in any manner interfere with the sidewalk on said street, it shall re-place the same so far as possible, and to the satisfao- tion of the Supervisor of Streets aicii...thrfi 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 waters mains, pipes or conduits, altering, repairing, or in any manner improving said street. SECTION 4. Said grantee, herein, its successors and assigns, shall, and by the acceptance of the privileges and franchises herein granted, and in consideration of the same does bind itself, its suooessors and assigns, upon its aooeptanoe 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 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 said Salt Lake City; provided, however, that said grantee, its -3- successors and assigns, shall have had notice of any suoh suits, and an opportunity to appear and defend the same; and said grantee, its suocessors 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 traok. SECTION 5. This franchise is granted for the period of twenty- five (25) 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 traok is not used for the express purpose for which this franchise is granted, this franchise shall be null and void at the option of the Board 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 the condition existing prior to the construc- tion 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 suoh order, this franchise shall be null and void. SECTION 6. Unless this grant and all the terms and conditions thereof shall be socepted in writing by the grantee herein within thirty days from the passage of this ordinance, and unless suoh track be constructed within one year from the date of such passage, then this ordinance shall be null and void. SECTION 7. This ordinanoe shal take effect upoi its first publication. 1 / Passed by the Board of Commissioners of Salt Lake City, Utah, January '31st, _, 1916. . M a y'o r y ecorder. -r .I . Aikiria - 4 tf.� o 9r ,_ °g l �•'. - v art o.. ° .rF 8 9 •f a 1 tl'LFR ei.�.r [.z _- . +.�" i-, ++.;1�� 4ri,'y�� ►i+ 8,, /J7/=9- in `><:•41•1frl' Rf fin" , :1 B� TPak,.r"T?Lr. �� ti t.. I if i , 'rule+'4.PMST P°1e 44'R,.+.i. U 1 Q. y4_ '' ", 2+ 2rr>4 °1- OiO/ap Apasi . I ]'+9r1,14•�Ff° -'le _. 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