HomeMy WebLinkAbout146 of 1909 - Ordinance 146 of 1909 – Franchise, O.S.L.R.R. Co., to construct maintain & operate line of railway $N ORDINANCE Granting to the Oregon Short Line Railroad
Company a franchise to construct, maintain and operate a line of
railway on the easterly side of Third West Street from a point one
hundred twenty-five (125) feet south of the south line of South
Temple Street to a point one hundred fifty (150) feet, more or less,
south of the south line of Third South Street;
WHERFQS by an ordinance passed by the city council of
Salt Lake City, effective October 2nd, 1903, the said company,
its successors and assigns were granted authority to construct, •
maintain and operate one additional standard gauge railway track
in Third West Street, beginning at a point of connection with its
then existing tracks at or near South Temple Street and extending
southerly to and across Ninth South Street; and,
WHEREAS, in pursuance of the said franchise and the
franchises theretofore granted to it, it has now in said street
between South Temple Street and a point approximately half way
between Second and Third South Streets various railroad tracks; and,
WHEREAS, by franchises duly passed by the said city
council, the right-has been granted to the Utah Light & Railway
Company and its predecessors in interest to construct a double track
street railway on said Third West Street between South Temple Street
and Second South Street, and in pursuance of said authority the said
company has constructed and is now maintaining and operating such
double tracks from South Temple to First South Streets; and,
ViiaSEAS, it now proposes in pursuance of said authority
to extend said double track southerly to Second South Street with
turnouts; and,
WHEREAS, the said Oregon Short Line Railroad Company
now proposes to remove its existing tracks on said street from
South Temple Street to a point substantially half weybetween
it •
146
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Second and Third South Streets and to construct in lieu thereof,
with the consent of said city council, a single track on the
easterly side of the center of said Third West Street from a point
one hundred twenty-five (125) feet south of the south boundary line
of South Temple Street, which point is directly east of and on a
line with the south wall of the passenger depot building as now
located, and extending thence south to a point approximately one
hundred fifty (150) feet south of the south line of Third South
Street, as shown upon the blue print hereto attached marked
11I0ehibit A" and made a part of this ordinance.
NOW, THEREFORE, In consideration of the premises be it
ordained by the city council of Salt Lake City, Utah, as followss
Section 1.
That the said Oregon Short Line Railroad Company, its
lessees, successors and assigns have the authority and consent of
the said city council and permission is hereby granted it to con-
struct, maintain and operate one standard gauge railroad track in
Third West Street, beginning at a point one hundred twenty-five.
(125) feet south of the south boundary line of South Temple Street,
which point is approximately east of and on a line of the south
wall of the passenger depot building as now located, extending
thence southerly to a point approximately one hundred fifty (150)
feet south of the south line of Third South Street. Said track shall
be so located between South Temple Street and a point approximately
in the center of First South Street, where said track curves to the
west', that the center line thereof shall at all points be twenty-
One and eighty-five hundredths (21.85) feet east of the center line
of said Third West Street; and from approximately the south line of
First South Street to a point approximately twenty-five: (25) feet:.
south of the south line of Second South Street where said track
curves to the east, said center line shall be twelve and thirty-five
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hundredths (12.35) feet east of the center line of said Third.
West Street; and from a point approximately one hundred twenty-five
(125) feet south of the south line of Second South Street to
approximately the south line of Third South Street, said center
line shall be twenty (20) feet east of the center line of said
Third West Street; and thence by a curve and turnout said track
existing
shall connect with the said railroad company's easterlymain track
at a point approximately one hundred twenty-five (125) feet south
of the south line of Third South Street.
/ to construct its track as aforesaid, the Utah Licht & Railway
Company shall file with the.City Recorder of Salt Lake C y its
written consent to construct its easterly track on "-.ird West Street
1 between South Temple Street and First South S =et so that the center
line thereof shall be eleven and seven t . hs (11.7) feet east of
Ithe center line of said Third West eet, and so that the center
line of its westerly track sha be not more than eleven and seven
' i tenths (11.7) feet west o° its easterly track; and between First
{ South Street and Sect d South Street, so that the center line thereof
shall coincide th the center line of said Third West Street and so
1 that the -.ter line of its westerly track shall be not more than
t
s , •'' elev=, and seven tenths (11.7) feet west of the center line of the
This grant is upon the further condition that said track
shall be used only for the purposes of switching cars to and from the
warehouses and other business premises adjacent to Third West
Street, and that cars shall at no time be stored or permitted to
stand thereon; and upon condition that prior to the construction of
said railway line, the grantee shall remove or cause to be removed
its existing tracks in Third West Street, as follows: One track
between South Temple Street and First South Street. Two tracks
-a-
between First South Street and Second South Street. One track
from Second South Street to about midway of the block between Second
South Street and Third South Street where said track now connects
with a main line track of said grantee. And provided also that the
said grantee shall at the time of filing its acceptance of this
franchise surrender and abandon all other rights or franchises now
owned or held by it to maintain trackage on Third West Street bet-
ween South Temple Street and Second South Street and thence souther-
ly to its two main lines of track about midway of the block bet-
ween Second South Street and Third South Street. But it is not in-
tended that the grantee shall forfeit its franchisee for spur tracks
now constructed or authorized by the mayor and City Council to be
constructed to various warehouses and industries along said Third
West Street between the points above described said proposed new
trackage being shown in yellow on the print which is hereto attached,
marked "Exhibit A" and made a part hereof.
Upon condition that on or before the date of filing its
acceptance of this franchise, and not otherwise, the said Oregon
Short Line Railroad Company shall file with the city recorder of
Salt Lake City, Utah, a relinquishment of all rights which it may
now have to maintain in Third West Street that trackage formerly
known as the Pickard warehouse spur and latterly known as the
Cudahy warehouse track or spur, commencing approximately one hundred
fifty (150) feet south of the south line of Third South. Street on
the east side of the present main line as now constructed in Third
seven (7) feet
West Street and running north parallel to and distant/from the east..
curb line of said Third West Street a distance of approximately
four hundred (400) feet.
And upon the further condition that on or before the date-
of filing its acceptance of this franchise, and not otherwise, the
said Oregon Short Line Railroad Company shall file with the city
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recorder of Salt Lake City, Utah, its agreement and consent to
take up in Third West Street that trackage commonly known as the
Simms and Henderson warehouse spurs, commencing approximately one
hundred eighty (180) feet south of the south line of Second South
Street and running southwesterly, on a curve, approximately one
hundred fifth (150) feet to a connection with the east main track
of the Oregon Short Line Railroad as at present located in said
street, and reconstruct said spur or warehouse trackage in a
location beginning at a point on the east property line of Third'
West Street approximately two hundred fifty (250) feet south of the
south line of Second South Street and extending southwesterly on
a curve approximately one hundred fifty (150) feet to a connection
with the proposed industry track which will extend from approximately
South Temple Street to Third South Street as heretofore described.
Section 2.
The rights and franchises hereby granted are for the
term of One hundred (100) years from October grid, 1903, and are
granted upon the following conditions, namely:
First - That said railway track shall be laid upon and con-
form to the established grade of the said street, and if such
grade is afterward changed by order of the city council, said
grantee shall at its own expense change the said track so as to
conform to the same.
Second - Shall keep all the space occupied by said railroad
track in said street and for a distance of two feet outside of
the rails thereof, ballasted with gravel to within two inches of
also
the tops of the rails and shall/make and maintain such crossings
on said track as shall from time to time be required by the City
Coun o 1.
Third - Whenever the said street along which the said track
is constructed shall be paved, then the said grantee, its lessees,
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successors and assigns 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.
Fourth - The said grantee, its lessees, successors and assigns
shall lay and maintain sufficient boxes or pipes to convey all
the water required to flow along the streets crossed by said rail-
road track, the same to be of such dimensions as will permit the
free passage of all water ordinarily flowing in or along such
streets, and during the life of this franchise shall maintain and
keep such boxes or pipes in repair.
Fifth - The said grantee, its lessees, successors or assigns
shall within sixty (60) days from the approval of this ordinance
accept in writing, filed with the City Recorder, this franchise
and the grants and privileges herein given, together with the con-
ditions upon it binding; and shal in advance of the paving of
said street, construct and complete said tracks Provided that fail-
ure to accept this franchise or to perform the said work as herein
provided and within the time limit specified shall work a forfeiture
of all the rights of the grantee hereunder.
Section 3.
Nothing in this grant shall he so construed as to prevent
Salt Lake City or its authorized agents, contractors, or other
person or persons from paving, severing, laying gas or water mains or
pipes, altering, repairing, or in any manner improving the street..
mentioned herein; but all such improvements shall be made with as •
little injury as practicable to said railroad and the operation
thereof.
That in the construction and operation of said railway the
said grantee and its successors and assigns, shall at all times con=
form to such ordinances, rules and regulations as have been or may
be hereafter adopted by the City Council of said city in relation to
operating railroads.
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Section 4.
The said grantee herein, its successors and assigns, shall,
and by the acceptance of the privileges and franchise herein granted,
and in consideration of the same, does bind itself, its suc-
cessors and assigns upon its acceptance of this franchise, to save the
city harmless from all suits, claims, demands and judgments whatso-
ever, 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 the tracks herein
mentioned, or by reason of any accident or damage that may occur in
the construction, maintenance or operation of said track by reason of
the default or misconduct of the grantee or its successors or assigns,
or its employees, agents, or contractors; and that the grantee herein,
its successors and assigns, will pay the amount of any judgment, de-
termination or adjudication which in any suit or proceedings may be
or shall be found against Salt Lake City arising out of any of the
matters aforesaid: Provided, however, that said grantee, its suc-
cessors and assigns shall have had notice of any such suits, and an
opportunity to appear and defend.the same, and said grantee, its suc-
cessors and assigns shall appear in and defend all actions brought
against Salt Lake City for any injury or damage aforesaid.
Section 5.
This ordinance shall take effect upon approval.
A _
Vetoed by the Mayor and again presented to the City Council,
amended as recomnended by the. ;.;ayor, and again passed by the City Council
by more than two-thirds majority, September 29 1909, and ag;ai- .. , n referred
to the Mayor Tor his approval.
, uity Recorder.
Approved this day of 8eptemh-r, 1909.
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LINE RAILROAD
OREGON SHORT
SALT LAIKE CITY
MAP
SHOWING STREETTRACKS ON 3RD WEST
LOCATION OF 3RD SOUTH STREETS
BETWEEN NORTH TEMPLE &.
,
, ER'S OFFSCALE: 50' TO 1"
ENGINEICE. SALT LAKE CITY, UTAH, SEPTEMBER 20, 19Cf
CHIEF
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