165 of 1908 - Ordinance 165 of 1908 – Franchise, O.S.L.R.R. Co., spur track across 1st North Street between 3rd AN ORDINANCE .
• An ordinance granti/ to the Oregon Short Line Railroad Company„
',its successors and assigns, a franchise and right of way to construct
and operate a spur railroad track over and across First North Street
between Third West and Fourth West Streets in Salt Lake City, Utah.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. A franchise and right of way is hereby given and
granted to the Oregon Short Line Railroad Company, its successors and;
assigns, to lay, construct and operate a switch or spur, standard
gauge, railroad track, over and across Fillet North Street, between •
Third West and Fourth West Stheeaa, in Salt Lake City and County, State
of Utah, commencing at a point about 180 feet west of Third West
Street on said First North Street, and running thence on a 25 deg. and
27 min. curve, northeasterly across said First North Street to Loft 1,
Block 101, in Plat "A", of Salt Lake City Survey, according to a plat',
or map in which this grant is shown in yellow, filed herewith and
made a part of this franchise, the said spur track being projected
from the tracks of the said Oregon Short Line Railroad Company lying
Ilto the south of said First North Street.
SECTION 2. During the term of this franchise the grantee shall
be subject to the following conditions, to-wit:
(a) That said switch or spur track shall be laid upon and con-
form to the established grade of said street, and if said grade is
afterward changed by order of the city council the grantee shall at
its own expense ohange the elevation of the track so as to conform
to the same.
(b) Whenever said First North Street between Third Went and
'iFourth West Streets shall be paved, then said grantee, its successors
and assigns, shall pave between the rails and for a space of two feet
!outside of each rail with the same material ec that used in the street
pavement.
(c) Said grantee shall put in and maintain such crossings ever
said switch or spur track as shall from time to time be required by
the city council.
(d) The said switch or spur track shall be laid, and the road
, operated, so as to cause no unnecessary impediment to the common and
ordinary use of said street upon which it is laid.
(e) Good and sufficient boxes to convey water shall be laid and
maintained in good condition at the expense of said grantee in all
the water ditches crossed by the said switch or spur track, so as to 1
' admit of free passage of water.
SECTION 3. Nothing in this grant shall he so construed as to
prevent Salt Lake City or its authorised agents or contractors from
paving, severing, laying gas or water mains or pipes, altering, re-
pairing or in any manner improving said First North Street, but all
such improvements shall be made with as little injury as practicable
: to said spur track and the operation thereof.
SECTION 4. The said grantee herein, Its enecensore a.r.,l ..signs,
shall., and by the acceptance of the privileges and ?rtnohi.inns herein
Igranted, sod In consideration of the same ieee bind itself, its sue- I
clesaoors end assigns, upon its acceptance of this franehino, to save
said City harmless from all suits, claims, demands and judgments what-
soever, whether in law or in equity, which shall he asserted, found
or rendered in any meaner whatsoever, against said City for injury on
damage to abutting property or otherwise, by reason ef the granting ,
of this franchise, or by reason of the operation of seal spur track; '
and that the grantee herein, its ease oors and assigns, will pe..y the
amount of any judgment, determination or sija ication velaaa any
suit or proceedings may be or shall be found against Salt LakeCity,p g y
tiovlmid, however. , tr,., „a_i grantee, its reecessors 0r,i eseisns,
stall have had notice of any such suits, and on ono rtunity to appear
and defend the; sranon _u,i se,, ervuntee, i_i eacccusors and a.rrigns,
shall appear in and defend all ac 'n:; r o"ght o-e:a_t are 1 t, Take City
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,for any injury or damage by reason of the construction, operation or
maintenance of said gpur truck.
""CTICTr 5. This franohine is granted for the period of
(0,10years from and after the approval of
this, r• nance.
SECTION 6. This grant and all the terms and eeriiit.i-ns thereof
shall be a ceptdd in writing by the grantee herein within thirty days''.
from the approve_ 0 . this or dinnrlce, ctbercie the sane void',
and of no effect.
CTIUII 7. This ordinance shall t e'lle effect upn r al�y o ta3..
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fussed by the City Council of Salt Lake City,Utah, December 17,
190B, cnd referred to Ile .J. or L -r his Lj ioval.
/, ,t .�.� ', co;Q
Aeprovod this //, day of December, 1908.
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