177 of 1910 - Ordinance 177 of 1910 – Franchise, Oregon Short Line R. R. Co., spur track across 2nd north St. � I
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AN ORDINANCE .
Aa ordinance granting to the Oregon Short Lino Railroad Company,
corporation, and to its successors and assigns, on the petition of
the Utah Ice and Storage Company, a franchise and right of way to
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loonstruct and operate a spur railroad track across Second North
(Street, 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 and to its suocee-
sors and assigns> to,°layy construct, and operate a spur standard gauge
4ailroaCtraok upon.the street;.lereinafter described, to—wit:-
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Commencing at a pointat O•.feet North and 456.3 feet west of the'
street monument at •the intersection of Second North and Third West'
Streets, Salt Lake .City,•,Cg4tnty.of Salt Lake and State of Utah; thence
!deflecting an angle2of'97 'dsgl41' 53" to left, with the North prop-
lerty line of SsoeiddNorth S:treeta distance of 133.20 feet to a point'
lin the South property line t,?`Second North Streets, which point is
i438.46 feet West and`68.00 fret South of the street monument at the
interseotion of Seoond' North end Third West Streets, Salt Lake City,
klounty of Salt Lake, State of Utah, said spur track as it crosses
'Seco North Street being delineated in yellow on the blue print map
!heretond annexed and made a part of this franchise.
I SECTION 2. During the term of this franchise, the grantee shall
jibe subject to the following conditions, viz:
(a) That said spur track shall be laid upon and conform to the
established grade of said street, sad if said grade is afterwards
ichanged by ordinance of the city council, the grantee shall, at its
Town expense, change the elevation of the track so as to conform to
the same.
(b) Whenever said street where such track if constructed shall
be paved then said grantee, its successors and assigns, shall pave
bstween the rails and for a space of two feet outside of each rail,
with the same material as that used in the street pavement. And all
ties shall be laid upon a concrete base of such thickness as shall be
directed by the City Engineer.
(c) 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.
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(d) The said spur track shall be laid, and the road operated soj
as to cause no unnecessary impediment to the common and ordinary use j
of said street upon which it is laid, and that oars shall not be per-1
emitted to stand on Second North Street longer than five minutes.
(e) Good and sufficient conduits to convey water shall. be laid
and maintained in good condition at the expense of said grantee in '
Mall the water ditches crossed by said spur track, so as to admit of
free passage of water.
(f) Said grantee, its successors or assigns, shall gravel and
maintain in good condition, at the established grade, the street li
along or across which the track runs to within one and one-half incheje
of the top of the 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, it
successors or assigns within the city.
SECTION 3. Nothing in this grant shall be construed so as to
prevent Salt Lake City or its authorized agents, contractors or per-
sons or corporation to whom a franchise may have been or may hereafter
be granted, from paving, sewerire•, l= ir, or water mains, pipes
for conduits, altering, repairing, or in any manner improving said
street.
SECTION 4. The said grantee herein, its successors and assigns,
shall, and by the acceptance of the privileges and franchises heroin
( granted, and in consideration of the same does bind itself, its suc-
cessors and assigns, upon its acceptance of this franchise, to save
said city 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 in-
jury 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 herein, its successors and assigns, will
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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 and assigns,
shall have had notice of any such suits and an opportunity to appear !i
and defend the same; and said grantee, its successors 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 b. This franchise is;granted for a period of twenty-
five years from and after the approval of this ordinance.
SEC2ION 6. Unless this grant and all the-terms, and conditions
thereof shall be aco®pted in writing by the grantee herein within
thirty days from the approval of this ordinance, and unless said.
tracks 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.
I Passed by the City Council of n.l.t ]The City,['to.h, i?ovemher 21st,
1910, Land ref(-r_ed to the „ yor for his :-(�1-. � __-
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ltzr i, Older.
rctrroved this _�� Li ay of ';ovenr, I-910.
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