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HomeMy WebLinkAbout17 of 1913 - Oregon Short Line Railroad Company Spur track 4th West 8th and 9th No. (Utah Oil Ref.Co.) It Lake City, Utah, `0191Q _� Keyser VV, Korns I move that the ordinance be laid over for one week. Lawrence • Morris e,i 1271_(_ --r_ __�. Mr.Chairman RESULT . . 1 / Passed b(Yi/j. i. oommissioners of Salt Lake City, Utah,- Air 3, /9/ 3 , c::::: vr Keyser �\ J\• 0\A.3 I move that p�� r �3 `�J\\4 Korns Lawrence . . . , Morris . . . . . Mr.Chairman . . • RESULT . - . Passed by the Board of Commissioners of Salt Lake tah, - , /9/ City Record ' T-,IpQmry Chainlian )7 c, ROLL CALL Salt Lake City, Utah, VO cj i a 191 VOTING ' Yes No I move that the ordinance be amended by Keyser adding the following Rorns Lawrence Morris Mr.Chairman . Result AMENDMENT. "Salt Lake City reserves the right, daring the life of this franchise, upon three years notice to the grantee, its successors or assigns, to terminate this franchise by paying the said grantee, its successors or assigns, the value of the improvements made in compliance with this franchise, at the time said termination becomes effect- ive. The Price so to be paid to be arrived at by arbitration, to which arbitration the said grantee, its successors and assigns, hereby agrees; the arbitrators to be selected as follows: One by Salt Lake City, and one by the grantee, its successors or assigns, and in the event that those two are unable to agree upon a valuation, then they shall select a third arbitrator or referee, and the award made by them shall be binding upon Salt Lake City and upon said grantee, its s c,e so• i ns." C , , ��� 1 AN O h D I IT .. ITC F. . An ordinance granting to the Oregon Short Line Re.ilro€d Com- ��<<^nVr, and to its successors a_n.0 assigns, a, franchise c_ndl right of wry to construct end oporc.te spur railroad track upon Fourth 'eot Street between Eihth liortli and Ninth iTorth Streets, in Salt Lake City, Utah. Be it ordained_ by the Board. of Commissioner of Salt Lake City, Utah: SECTION 1. 1, franchise end right of :.ay is hereby given and granted to the Oregon Short Line Railroad Company, and to its successors and a .,signs, to lay, maintain and operate a spur stands. d gauge railroad track upon the street hereinafter described; the center line of said euo.r railroad track bein • more particularly described as follows, to-sit: • Commencing at a point in Fourth hest Street, seventy-eight and thirty-eight hundredths (78.38) feet south end twenty-seven and one hundredth (27.01) feet east of the stone monument marking the intersection of the monument lines of Eighth honk End Fourth hest Streets, Plat "..", Salt Lake City Survey, said. point being in the center line of the present s--_uu.r to the Utah Oil Refining Co. ; thence northeasterly on a. 5° 58' curve to the left having a radius of nine hundred sixty end seven-tenths (960.7) feet for a distance of fifty-six End Lori y-t..o (56.42) feet, ...c consuming en angle o' 3° 22' ; thence northeasterly on tangent to e id curve, thirty-two end forty-one hundredts (32.41) feet; thence northeasterly on a 6° 00' curve to the left having; a radius of nine Iiaied fifty-five and_ thirty-seven hundredths (955.37) •feet for a distance of fifty- ' nine and sixteen hundredths (59.16) feet and consuming en Ong:le o- 3° S3'; thence north parallel to end, thirty-six (36) feet distance easterly from the monument line of fourth ':eat Street, for e dis- tance of six hundred fifty-three and seven tenths(653.7) 'feet. Said spur track being; more perticulerly shown in yellar on a blue print attached to the application for this franchise, which is hereby made a. pert of this ordinance. SECTION. 2. During- the term of this franchise the grantee shell be subject to the following conditions, viz: (a) That said spur track shall be laid upon and conform to 1 the grade of said street, end if the said grade is afterward changed by ordinance of the board of city commissioners, the grantee shell, et its o-n expense, cl--ange the elevation of the -?- tracks so rs to conform to the same. (b) 7nenover said street chore such track is constructed successors end cssis;ns ahal shall be ;paved_, then said g-rcznteo, its pave bet"een the rails and for a. space of two feet outcied of each rail, with the sene materiel es thet used in the street _nevement, and all ties shall be le id upon r cement base of such thickness as shell be directed by the City Engineer. (c) Se+id grantee shell put in end maintain such crossings over said spur trick es shell from time to tine be rec:uired by the Bo rd of City Commissioners. (d) The said spur track shall be laid end the road operated so es to cause no unnecessary impediment to the common end orainer use of said street upon which it is laid. (e) Good end sufficient conduits to convey water shell be laid end meintrined in good condition e.t the expense of the said grantee, in rli the water ditches crossed by sr id spur track, so as to emit of free passage of water. (f) Said grantee, its successors and assigns, shall build a crushed rock or slog macadam roadway, nine inches thick along sei spur track on stid Fourth Vest Street, beginning et the east rail of the truck of the Utah. Light end Reilrr y Company, tna e!;tending fifteen feet east of the east rail of said spur truck, and shall meintuin tint part of s'id roedor.y between the roils of said spur track to the top anal-: of said rails, and. for r space of two feet outside of "G e outer rails thereof, to the epprov€l of the Super- visor of Streets of Salt Like City; that said roadway shell be constructed according to the standard method of that class of roar construction, rn?. to the a- irova-1 of the City :=:n,r;ineer of Salt Lake City. (g) Salt Lee City reserves the right to regulate and con- trol thee speed of all trains, engines end cars operated by the II -3- 1 grantee, its successors and assigns, upon the said spar track. SECTION 3. Nothing in this grant shall be so construed a.s to prevent 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, seueriag, laying gas or water mains, pines or conduits, altering, repairing, or in any manner improving said streets. SECTION 4. 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 this franchise, to save said city harmless from all suits, claims, demands and judgment whatsoever, whether in law or in equity, which shell be asserted, found or rendered in any manner whatsoever, against said city for injury or damage to abutting 'property or othergise, by reason of the granting of this franchise or by reason of the operation of said spur track; and that the grantee herein, its successors and. rzsigns, will _.ay the amount of any judgment, determination or adjudication which, in any suit or Proceedings, may be or shall be found against said Salt Lake City; provided, however, that said grantee, its successors and assigns shall have had notice of any such suits, and an op._,ortu.nity to ear to defend.'LEe same; and said grantee, its successors and assigns shall appear in nd 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. SEC'iION 5. This franchise is granted for the period of twen y- five (25) years from and after the passage of this ordinance. SECTION 6. Unless this grant and all the terms and conditio s thereof shall be accepted in writing by the grantee herein within thirty days from the passage of this ordinance, and unless such I -4- trz-ch be constructed within onc zier from the date of such prssage then this or,lin: nce shcal be null _:nd void. SECTTOY 7. This orainchce hEll teke effect 111)en its first publiootion. Passed by the Board of Commissioners of Salt Lake City, Utah, April 10th, 1913. .,, if-406411 TeMporary Chairman City Ilecorder 1 ' . . • , . . I i ' . ? Nl 'F' ...te..' i r1/ 1 t - 10 r (:....,.. ,. . .,...% ,,,, r,.., .. , 0 t . 1,__ Ci- 5,,,,k•I, -., I.' ...., ' ,. e 1,-->. ---. 11 •-' vz!.., g. .. ,,,. K 0_, F ...; . - A, i m e. . .1 . ..--- .,.., 1 cocoa ... — . 0_--,. ;.- ,,t .,-,,„ . , ( . - 1 . . , , 1 J (-) , , ?' 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