160 of 1915 - Franchise to Salt Lake and Utah Railway Company for spur track on First West south of Paxton Avenue ROLL CALL
VOTING Yes No Salt Lake City, Utah, Oetober 25-,___915.
Lawrence
Morris _ I move that the ordinance be passedVI
Shearman y i
Wells _ _ .5:�11' r / I/4/
Mr.Chairman . . . . .
Result AN ORDINANCE
An ordinance granting to the Salt Lake and Utah Railway
Company, and to its successors and assigns, a franchise and right
of way to construct and operate a single for=leortrke spur track from
and between its main line on First West Street in Salt Lake City
to the property owned by said railway company immediately west of
said First West Street.
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 Salt Lake and Utah Railway Company, and to its
successors and assigns, to lay, construct and operate a single tow*
spur track upon First West Street as follows:
Beginning et a point in the center line of the main traok of
the Salt Lake and Utah Railway Company, said point being situated
185 feet south and 7.9 feet east from the city monument at the
intersection of First West Street and Paxton Avenue; thence
northerly along a. 7° 26' ourve to the left 65.3 feet; thence north
15° 91 west 58.4 feet; thence along a 6° curve to the left 30.5
feet; thence north 16° 59' west 0.9 of a foot to the intersection
of the railway company's property at the west line of First West
Street, said point being situated 31 feet west and 28.7 feet south
from the monument at the intersection of First West Street and
Paxton Avenue.
Said Spur track being more particularly shown in yellow on
the attached blue print which is hereby made a part of this
ordinance.
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SECTION 2. During the term of this franchise the,grantee aha 1
be subject to the following conditions, viz.:
(a) That said spur traok shall be laid upon and oonform to
the established grade of said street, and if said grade is after-
wards changed by ordinance of the Board of Commissioners, the
grantee shall, at its own expense, change the elevation of the
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track so as to conform to the same.
(b) Whenever said street where said track is constructed aha 1
. be paved, then said grantee, its successors and assigns, shall pav
between the rails and for a space of two feet outside of each rail
with stone blocks or asphalt, or a combination of both, to be
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approved by the City Engineer, and all ties shall be laid upon a
concrete base of such thickness as shall be directed by the City
Engineer.
(o) Said grantee shall put in and maintain such crossings
over said spur track as shall from time to time be required. by the
Board of Commissioners, and engines and oars shall not be permitte
to stand on said spur traok in First West Street longer than five
minutes.
(d) The said spur track shall be laid, and the road operated;
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so as to cause no unnecessary impediment to the oommon and ordinari
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 traok, so as
to admit of free passage of water.
(f) Salt Lake City reserves the right to regulate and oontrol
the speed of all trains, engines and oars operated by the grantee,
its successors and assigns, Upon the spur track aforesaid.
(g) That if in putting in said spur track said grantee shall!
remove or in any manner interfere with the pavement, curb, gutter,
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waterway, or sidewalk on said street, it shall replace such site
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walk and such curb so far as possible.
(h) Said grantee, its successors or assigns, shall gravel an
maintain in good condition, et the established grade, the street
and across
along which said spur track runs to within one and one-half inches
of the top of the rails, and for a distance of fifteen feet on eao
side of the outer rails, subjeot to the approval of the Supervisor
of Streets and Irrigation.
1 SECTION 3. Nothing in this grant shall be construed so as to
prevent Salt Lake City or its authorized agents, contraotors, per-
sons or oorporation to whom a franchise may have been, or may here-
after be granted, from paving, severing, laying gas or watermains
or pipes, altering, repairing, or in any manner improving said
street, but all such improvements shall be madd with as little
injury as praotioable to said spur track and the operation thereof.
SECTION 4. The said grantee herein, its suooessors and assigns,
shall, and by the acceptance of the privileges and franchises here
1 in granted, and in consideration of the same, does bind itself, it-
successors and assigns, upon its acceptance of this franchise, to
save ssa the pity 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, its suooessore
and assigns will pay the amount of any judgment, 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 notice of any such suits
and an opportunity to appear and defend the same; and said grantee
its suooessors 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 tr
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SECTION 5. This franchise is granted for a period of twenty-i
five years, from and after the passage of this ordinance; provided
however, that if for a period of nine consecutive months during th
life of this franchise, the said spur track is not used for the
express purpose for which this franchise is granted, this franohis
'• ^ r1l a null and void; and if so ordered by the Board of Commis-
;` 41.4n(434,said spur tra$ shall within thirty days thereafter, be
r4ioved1'4d t1 i street rIsto14d to the oondition existing prior
to?the do.,`trucltion of ti'e sav�g.•
SE If 16 Vn4es& :b'ki franchise and all the terms and con-
d'i ions tlyereof' shall 'fie i eoeptsa in writing by the grantee herein
`' thin $hi ty dayS' froa3 1 ie pass-age of this ordinance, and unless
idtra( be construc'Ce within one year from the date of such
ul ' pawsage, 4k.en this ord.in�.pce shall be null and void.
SECTION 7. This ordinance shall take effect upon its first
publication.
Passed / e Board of Commissioners of Salt Lake City, Utah,
November 0 , 1915.
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