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HomeMy WebLinkAbout143 of 1913 - Oregon Short Line Railroad Company Spur track 3rd. West South Temple and 1st South ROLL CALL P\ VOTING YES NO , Salt Lake City, Utah,Dec. 22nds 1913 Keyser Korns 1 move that the ordinance be passed. Lawrence . . Morris . . Mr.Chairman Result t • An ordinance granting to the Oregon Short Line Railroad Company, and its successors and assigns, a franchise and right of way to construct and operate one spur railroad track in Third Netsl Street, in Salt Lake City, Utah. Be it ordained by the Board of Commissioners of Salt e City, Utah: Section 1. A franchise and right of way is hereby , given and granted to the Oregon Short Line Railroad Company, and o fits successors and assigns, to lay, construct and operate one spu '. !standard gauge railroad track upon the street hereinafter mention d. to wit: Beginning at a point in the center line of the main ( industry track of the Oregon Short Line Railroad on Third West Street of Salt Lake City, said point being two hundred ninety three (293) feet North of the Monument line of First South Street thence in a general Northeasterly direction along a curve to the right for a distance of one hundred forty nine (149) feet, more or less to a point in the West line of Lot Four (4), Block Seven • nine (79), plat "A", Salt Lake City Survey, said point being three hundred sixty six (366) feet North of the Southwest corner lof said Block Seventy Nine (79). Said spur track being more particularly shown on the attached print, which is hereby made a part of this ordinance. Section II. During the term of this franchise the grantee shall be subject to the following conditions, viz: (a) That said spur track shall be laid upon and confo II to the established grade of said street, and if said grade.. is afterwards changed by ordinance of the Board of Commissioners, the grantee shall, at its own expense, change the elevation of th track so as to conform to the same. (b) Whenever said street where said track is constructed (shall be paved, then said grantee, its successors and assigns, jsha.11 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 l,pavement, and all ties shall be laid upon a concrete base of such thinkness as shall be directed by the City Engineer. (a) Said grantee shall put in and maintain such cross- fl ings over said spur track as shall from time to time be required by the Board of Commissioners, and engines and cars shall not be permitted to stand on said spur track in Third West Street longer than five minutes. (d) The said spur track shall be laid and the road operated so as to cause no unnecessary impediment to the common land 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 said grantee in all the water ditches crossed by said spur track, so a to admit of free passage of water. • J S IN,EBRET SEN • SALT LAKE CITY.VTAX _2- (f) 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 spur track aforesai. . (g) That said spur track shall be laid upon a base of 'such proportion and upon ties of such construction as shall be directed by the City Engineer, and so as to conform to the es- tablished grade of said Third West Street. That if in putting in said spur track, said grantee shall remove or in any manner inter fere with the pavement, curb, gutter, waterway or sidewalk on sal.. street, it shall replace such sidewalk, and such curb so far as possible, and replace said pavement and construct waterway under said spar traok according to the annexed blue print, which is mad` I part of this franchise. Section III. Nothing in this grant shall be construed so as to prevent Salt Lake City or its authorized agents, con- ltraotors, persons or corporation to whom a franchise may have been, or may hereafter be granted, from paving, sewering, laying gas or water mains or pipes, altering, repairing or in any manner improving said street, but all such improvements shall be made with as little injury as praotioable to said spur track and the operation thereof. Section IV. 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 the franchise, to save said city harmless from all suits, claims, demands and judgments whosoever, whether in law or in equity, which shall be asserted, found or rendered in any manner whatso- ever, 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, its snooesccrs and assigns will pay the amount cf any judgment 1 determination or adjudication which, in any suit or proceedings may or shall be found against Salt Lake City; provided, however, that said grantee, its successors or assigns, shall have had 11 notice of any such suits and an opportunity to appear and defend the same, and. said grantee, its successors and assigns, shall appear in and defend all actions brought against Salt Lake City for any injury or damage by reason of the construction, opera- , tion or maintenance of said spur track. Section V. That an ordinance granting to the Oregon Short Line Railroad Company a franchise to construct and operate a spur track upon and across the East side of Third West Street between First South and South Temple Streets, Salt Lake City, Utah, passed July 1st, 1912, be and the same hereby is repealed. Section VI. This franohise is granted for a period of twenty five years from and after the passage of this ordinance Section VII. Unless this grant and all the terms and conditions thereof shall be accepted in writing by the granter herein within thirty days from the passage of this ordinance, and unless said track be constructed within one year from the date of such passage, then this ordinance shall be null and void. JAMES INGEBRETSEN _3- Section YIII. This ordinance shall talon effect upon its first publication. Passed by the Board of Commissioners of Salt Lake City Utah, December 22nd , 1913. hayor i sty corder. STATE OF UTAH II COUNTY OF SALT LAxF;ss. I, Noble Warrum, City Recorder of Salt Lake City, Utah, do hereby certify that the above and foregoing is a full, true and oorreot copy of au ordinance entitled, an ordinance grunting to the Oregon Short Line Railroad Company, and its successors and assigns, a franchise and right of way to con- Istract and operate one spur railroad traok on Third West Street, !in Salt Lake City, Utah, passed by the Board of Commissioners of Salt Lake City, Utah, December 22ne , 1913, as appears of record lin my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this 23, day of December, 1913. i yi y ecorder. Bill No, 143 First Pub!cation Deoember , 1913. 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