HomeMy WebLinkAbout169 of 1910 - Ordinance 169 of 1910 – Franchise, Oregon Short Line R. R. Co., spur track on 4th North St. near 4 tl
AN 0 R D I N A i, O F .
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An ordinance granting to the Oregon Short Line Railroad Company,
and to its successors and assigns, on the petition of Morrison,
Merrill and Company, a franchise and right of way to construct and
operate a spur railroad track on Fourth North Street, near Fourth
West Street, in Salt Lake City, Utah.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. A franohise and right of way is hereby given and
granted to the Oregon Short Line Railroad Company, and to its sueoes-'
sore and assigns, to lay, construct and operate a spur standard gauger
irailroad track upon the street hereinafter described, to-wit:
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i Commencing at a point in the west property lino of Block 134,
Plat "A", Salt Lake City Survey, which point is 137.27' north and 68
feet oast of the street monument at the intersection of Fourth West I
and Fourth North Streets, Salt Lake City, Utah; thence continuing duel
east a distance of 21.50' to a point on the center line of the Oregoni
Short Line Railroad's track, known as North Yard load; thence south-
easterly on a 12 degree 26' curve to left, from said centerline of
track a distance of 73.70 feet to a point in the south line of afore-'
said Block 134, which point is 99.9 feet east of the south-west corn.
of said block, and is the point of beginning for this franchise; then id
continuing on said 12 degree 26' marl* to the left a distance of 26.3
feet consuming an angle of 3 degrees 17' ; thence on a 20 degree 0'
curve to the loft a distance of 124.75 feet, consuming an angle of 24'i
degrees 57' 10 seconds, to a point in the south line of Fourth North r
Street, which point designated the point of ending for this franchise
eaid,_spur trsok being delineated in yellow on the blue print map here
to annexed and made a part of this franchise.
1 SECTION 2. During the terms of this franohise, the Grantee sha4
be subject to the followin# conditions, viz:
(a) 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 City Council, the Grantee shall, at its
own expense, change the elevation of the tracks so as to conform to
the same.
(b) Whenever said street where such track is constructed shall
be paved, then said Grantee, its successors and assigns, shall pave
between the rails Ind for a space of two feet outside each rail, with!
the same material as that used in the street pavement, and all ties r
shall be laid upon a cement base of such thickness as shall be direotd
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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 City
Council, and oars shall not be permitted to stand on said Fourth
North Street longer than five minutes.
(d) The said spur traok 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 oonduits 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 as to admit of
iifree passage of water.
(f) Said Grantee, its successors or assigns, shall gravel and
maintain in good condition, at the established grade, the streets
along which the track runs to within one and one-half inches of the
top rails and for a distance of twenty-five feet on each side of the
outer rail, subject to the approval of the Supervisor of Streets.
(g) Salt Lake City reserves the right to regulate and control
the speed of all trains, engines and cars operated by the Grantee,
its sucoessors or assigns, within the pity.
so
SECTION 3. Nothing in this grant shall beAconstrued as to pre-
vent Salt Lake City or its authorized agents, contractors, or person
or corporation to whom a franchise may have been or may hereafter be
granted from paving, sewering, laying gas or water mains, pipes or
conduits, altering, repairing, or in any manner improving said street .
SECTION 4. The said Grantee herein, its successors and easigns,1
shall, and by the acceptance of the privileges and franchises herein
granted, and in consideration of the same does bind itself, its suc-
cessors and assigns, upon its acceptance of this franchise, to save
said pity harmless from all suits, claims, demands and judgment what-
soever, whether in law or in equity, which shall be asserted, found
or rendered in any manner whatsoever, against said city for injury or
damages to abutting property or otherwise, by reason of the granting
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of this franchise, or by reason of the operation of said spur track;
and that the grantee herein, its successors and assigns, will pay the
amount of any judgment, determination or adjudication which, in any
suit or proceedings may be or shall be found against Salt Lake City;
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 said Grantee, its sucoessorw 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 track.
SECTION 5. Ihib franchise is granted for the period of'211111*
years from and'after the approval of this ordinance.
SECTION 6. Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the Grantee herein within
thirty days from the approval of this ordinance, and unless said traok
be constructed within one year from the date of such approval, then
this ordinance shall be null and void.
SECTION 7. This ordinance shall take effect upon approval.
Passed by the City Council of Salt Lake City,Utah, November 14th,
1910, and referred to the iliayor for his appoval / j
Ci 'y corder.
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Approved this �6 day of November, 1910,
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