14 of 1924 - Granting a franchise to the Oregon Short Line Railroad Company for spur track in 4th West between 7t VOTING AYE NAY Salt Lake City,Utah, MA ici/4 ,192
Barnes
I move that the ordinance be passed.
Burton
Green
)
Stewart
Mr. Chairman
'asult
ORDINANCE
AN ORDINANCE, granting to the Oregon Short Line Railroad
Company, its successors and assigns, the right to construct, oper-
ate and maintain a standard gauge railroad track over and across
Eighth North Street at the interseotion of Fourth West Street, in
Salt Lake City, Utah.
BE IT ORDAINED by the Board of Commissioners of Salt
Lake City, Utah:
Section 1: A franchise right of way is hereby granted to
the Oregon Short Line Railroad Company, its successors and assigns,
to construct, operate and maintain a standard gauge railroad track
over and across Eighth North Street at the intersection of Fourth
West Street in 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 Eighth
North Street, twenty-two and one-tenth (22.1) feet West of the
Southwest corner of Block One hundred seventy (170), Plat "A", Salt
Lake City Survey; thence South 8°10' East, sixty-three and one-tenth.
(63.1) feet; thence along a 12°26' curve to the right, sixty-five
and seven-tenths (65.7) feet; thence South three and nine-tenths
(3.9) feet, to a point in the South line of Eighth North Street,
eight and five-tenths (8.5) feet West of the Northwest corner of Block
One hundred fifty-five (155) , Plat "A", Salt Lake City Survey.
The location of the center line of said track being more
particularly shown, in yellow, upon 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 track shall be laid over and across said
street so as to not interfere with vehicle traffic over same, and
that the approaches to said track shall be properly graded with suo.
material as may be approved by the Board of Commissioners.
(b) Whenever said street where said track is constructed
shall be paved, re-surfaoed or repaired, then said grantee, its su
14 -lw
cessors and assigns, shall pave, re-surface or repair between the
rails and for a space of 2 feet outside of each rail with the same
kind of material used on the said streets, or with such other mate-
rial 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.
(c) 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 street upon which it is laid.
(d) 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.
(e) That if in putting in said track said grantee shall
remove or in any manner interfere with the pavement, sidewalks,
curbs, 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 1
Commissioners and shall replace such sidewalks and such curbs and
gutters 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 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 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.
Section 4: Said grantee herein, its successors and as-
signs, shall and by the acceptance of the privileges and franchises
Therein granted, and in consideration of the same, does bind itself, V
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 as-
serted, 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 track, and that the
grantee herein, its successors and assirrns, will pay the amount of
and judgment, determination or adjudication, which, in any suit or
proceediw, 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 appea.
and defend the same, and said grantee, its successors and assigns,
shall appear in and defend all actions brought against Salt Lake Cit'
for any injury or damage by reason of the construction, operation or
maintenance of said track.
Section 5: This franchise is granted for the period of
twenty-five years from and after the passage of this ordinance, pro-
vided, however, that if for a period of nine consecutive months dur-
ing the life of this franchise, said track is not used, or if there
• is a substantial abandonment of the use of said track for said pur-
poses, said franchise shall be voidable at 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
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 fail
ure of said railroad company to remove said track and 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 com-
pany.
Section 6: Unless this grant and all the terms and condi-
tions thereof shall be accepted in writing by the grantee herein
within thirty days after the taking effect of this ordinance, and
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1 unless such track be constructed within one year from the date of i I �
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such passage, then this ordinance shall be null and void.
I Section 7: This ordinance shall take effect thirty-one
days after its passage.
PASSED by the Board of Commissioners of Salt Lake City,
Utah, MAR —° 19c4 .
CITY !tCORLEB.
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