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140 of 1920 - Franchise to Salt Lake Terminal Company in First West south of First South streets iesst .0? ALL CALL t • ()TING AYE NAY Salt Lake City, Utah, Nov. 2ncl, ., 192 0 -I Ames Burton I Crabhe I move that the ordinance be passed. Green 11 NNW Mr. Chairman Result /1/ II 11 AN ORDINANCE I, AN ORDINANCE GRANTING TO the Salt Lake Terminal Company, its successors and assigns, a franchise and right of way to construct, maintain and operate a single spur track from between Zits main line on First West Street in Salt Lake city, to the ;,property line upon the west side of the street. I�11 De it ordained by the board of commissioners of Salt Lake City, Utah: SECTION 1. - A franchise and right of way is hereby granted to the Salt Lake Terminal Company, and its successors and assigns, to construct, maintain and operate a single spur track from and between its main line on First West Street in Salt Lake City, to the property line upon the west side of said ,street as follows: I' Beginning at a point in the center of the west track r;of the Salt Lake Terminal Company on First West Street; 37' South of the South line of First South Street; running thence to the right on a curve having a radius of 200' , a distance of 9 feet; thence to the right on a curve having a radius of 150' , j!a distance of 30 feet; thence on a curve to the right having a radius of 125' for a distance of 93 feet intersecting the East property line of Block 67, Flat ^A" at a point 149 feet South !of the Borth East corner thereof. Said spur track being hnore particularly shown in yellow on the blue print attached; *doh 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, viz: „ (4) That said spur track shall be laid upon and conform to the established grade of said street, and if said grade is (;afterward changed by ordinance of the Board of Commissioners, 'the grantee shall, at its own expense, change the elevation of i'the track so as to conform to the same. (b) Whenever said street where said track is construct- dir shall be paved, repaved, resurfaced or repaired, then said antee, its successors and assigns, shall pave, repave, resur- ace or repair between the rails and for a space of two eet outside of each rail with the same kind of material used on aid street, or with such other material as may be approved by lithe board of commissioners, and all ties shall be laid upon a boncrete base of such thickness as shall be directed by the City ;engineer. bperated the said spur track shall be laid, and the road perated so as to cause no unnecessary impediment to the common 4nd ordinary use of said street upon which it is laid. 1 I (d) flood and su!fioient conduits to convey water rhall be laid and maintained in good condition at the expense f said grantee in all water ditohes crossed by said spur track po as to admit of free passage of water. (e) Salt Lake City reserves the right to regulate hand control the speed of all trains, engines and cars operated by the grantee, its successors and assigns, upon the spur track aforesaid. Neither the engines nor cars shall be permitted to ,'; #tand on said spur track on tirst West Street. j/1, (f) That if in putting in said spur track said grantee ( ;, rhall remove or in any manner interfere with the pavement, ; I I -2- sidewalk, curbs, gutters or waterways on said street, it shall replace such pavement with the same or such other material as shall be ordered by the hoard of commissioners, and shall replace such sidewalks, curbs, gutters and waterways to the satisfaction of the Supervisor of Streets, and shall so construct! the gutters and waterways that they will allow the free passage of water, to the satisfaction of said supervisor of streets. I ! SECTION 3. - Nothing in this grant shall be construed so as to prevent Salt Lake city or its authorized agents, contractors, persons or corporations to whom a franchise may have been, or may hereafter be granted, from paving, sewering, ilaying gas or water mains or pipes, altering, repairing, or in t any manner improving said street, but all such improvements shall' be made with as little injury as practicable to said spur track and the operation thereof. SEu,,iON 4. - The 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 successors and assigns, upon its acceptance of this franchise, to save the 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 li whatsoever, against said uity for injury or damage to abutting property or otherwise by reason of the granting of this franchise, II or by reason of the operation of said spur track; and that the grantee, its successors, and assigns, will pay the amount of any ! judgment,d@termination or adjudication which in any suit or proceedings may or shall be found against salt Lake uity; provided, however, that said grantee, its successors and assigns, shall have had notice of any such suits, and an opportunity to appear and defend the same; and the said grantee, its successors and assigns, shall appear in and defend all actions brought against salt Lake uity for any injury or damage by reason of the construction, operation or maintainence of said spur track. SEusjON 5. - This franchise is granted for a period of twenty-five years from and after the effective date of this ordinance; provided, however, that if for a period of nine consecutive months during the life of this franchise said traok or any part thereof is not used for the purpose for which this franchise is granted, or if there is a substantial abandon- ment of the use of said track or any part thereof, this franchise shall be voidable at the option of the isoard of commissioners, and if so ordered by the tsoerd of commissioners, said track shall within 30 days after notice, be by said grantee removed from the street, and the street restored to the condition uniform with the balance of said street with respect to grade, materials and construction, to the satisfaction of the supervisor of streets. In the event of failure of said grantee to remove said track and to restore said street upon said notice, and within thirty days thereafter, the work may be done by Salt Lake uity at the expense I of said grantee. SECTION 6. - Unless this franchise and all the terms and conditions thereof shall be accepted in writing by the grantee herein within thirty days after this ordinance becomes effective, and unless said track be constructed within one year from the , I effective date thereof, then this ordinance shall be null and void. SECTION 7.- This ordinance shall take effect thirty- one days after its passage. • " 140 �: 11 i11 I -3- Passed by the Board of uommissionere of Salt Lake City, utah, November 2nd, 1920 . _____, ,-',1v-t;----:-J ayor/ ( ;,'_-_ 7.,:::----.Oity neoorder. ` �J� u II 1 1 II ill II d II 1 !I II i i I 1 I I II • i Ili i lI I I I I II 1 Il I! ii I 'I II j /, 11 ii Q i,..:. ).':. ,"iti.-I ' V [I--.'-::,•7:-! .- - .. .... „ \‘‘,.,.'''.•:'-`..‘, ( . ..,, L. •,‘ 5. ,,e"x‘--- , .. , , ,.:, D e- oc-r;'-',-, i---• -,...-;_ ...... r pi '-. ---. ‘,..',.. ,) ' '.:;'.:-: ' -k-- - . A u? -: -5 • <-7 3 ' ;:':. „ , , ..... ''..;,,, - c:",; , T.:',-'i.';N c" 7:11,:. . ,.., •',.':i P-.•-•1: •-• -- , , ,/,•• • - ---- ( 4 i"•,,,I, I ':'• , • 1,• ._- •_,,, ! ,...-, , : A ' - ?-• '1 1 5 1 1 ,,, • _,,f,., r...„4,, r,