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191 of 1914 - Franchise to Oregon Short Line Railroad Company spur track 10th South 1 ROLL CALL I„„°°°...° °°°�•^ °> 7 VOTING Yeg No {if ,a - Salt Lake City,Utah, ...__Nov. .b.thR ......_......lsl......4 Shearman _ I move that the ordinance be passed. Wells e. Lawrence _ sg jci �• . i Morris _._..— _- ............. .... ...,.. Mr.Chairman —_ _-_ Result /V AN ORDINANCE An Ordinance granting to the Oregon Short Line Railroad Company and to its successors and assigns a franchise to construct, maintain and operate a spur railroad track across Tenth South Street, sometimes known as Roper Avenue, and across the alley in Block Three' (3) in Holland Subdivision of Block Twenty-three (23), Five Acre Plat "A", Big Field Survey, Salt Lake City, Utah. Be it ordained by the Board of Commissioners of Salt Lake j 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 suo- cessors and assigns to construct, maintain and operate a spur stand-1 and gauge railroad track across Tenth South Street, sometimes known as Roper Avenue, and across the Alley in Block Three (3) in Holland Subdivision of Block Twenty-three (23), Five Acre Plat "A", Big Ij Field Survey, Salt Lake City, Utah, the center line of said spar railroad track being more particularly described as follows, to-wit: Commencing at a point in the South line of 10th South Street, or Roper Avenue, which point is twenty-seven and eight-tenths (27.8) feet East of the East line of First West Street; thence North- easterly along a curve to the right, having a radius of two hundred forty and forty-nine hundredths (240.49) feet, for a distance of seventy-one (71) feet, to a point in the North line of said 10th South Street, or Roper Avenue, which point is fifty-two (52) feet East of the East line of said First West Street. Also, commencing at a point in the West line of the Alley in said Block Three (3), which point is ninety-five (95) feet North i { 1 of the North line of Tenth South Street or Roper Avenue; thence Easterly along a curve to the right, having a radius of two hundred forty and forty-nine hundredths (240.49) feet, for a distance of seventeen and six-tenths (17.6) feet, to a point in the East line ofi -1- 191 -2- 1 1 1 Isaid Alley, which point is one hundred two (102) feet North of the 1 North line of said Tenth South Street or Roper Avenue. Said spur track being more particularly shown on the at- 1 s tached print, which is hereby made a part of this ordinance. Section 2. During the term of this franchise the grantee shall. be subject to the following conditions: (a) That said spur track shall be laid upon and conform to the ) s grade of said street, and if the said grade is afterward changed by f ordinance of the board of city commissioners, the grantee shall, at i its own expense, change the elevation of the tracks so as to conform; s to the same. (b) Whenever said street where such track is constructed shall , be paved, then said grantee, its successors and assigns shall pave I between the rails and for a space of two feet outside of each rail, 1 with the same material as that used in the street pavement, and all 1 ties shall be laid upon a cement base of such thickness as shall be directed by the city engineer. (c) Said grantee shall put in and maintain such crossings over ) said sour traok as shall from time to time be required by the board of city commissioners, and oars shall not be permitted to stand on 1 said street. 1 i (d) The said 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. i (e) Good and sufficient conduits to convey water shall be laid { and maintained in good condition at the expense of the said grantee, j in all the water ditches crossed by said spur. track, so as to admit of free passage of water. (f) Said grantee, its successors and assigns shall gravel and maintain in good condition at the established grade, the street along which the track runs, to within one and one-half inches of the top -2- I , 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 oars operated by the grantee, its successors and assigns, upon the said track. Section 3. Nothing in this grant shall be so construed as 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, sewering, laying gas or water mains, pipes 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 franchisee here- in granted, and in consideration of the same does bind itself, its successors and assigns, upon its acceptance of this franchise, to save said pity harmless from all suits, claims, demands and judg- ment whatsoever, whether in law or in equity, which shall be assert- ed, 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 herein, its successors and assigns, will pay the amount of any judgment, determination or ad- judication 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 opportunity to appear to 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 5. This franchise is granted for the period of twenty -3- five (25) years from and after the passage 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 passage of this ordinance, and unless such track be construotdd within one year from the date of such passage, then this ordinance shall be null and void. Section 7. This ordinance shall take effect upon its first publication. Passed by the Board of Commissioners of Salt Lake City, Utah, Novi er 5th — 1914. /�/���®®� 4--)A. R1L4 4I Adg10' City Recorder Yayor State of Utah, City and County of Salt Lake, - SS. I, Karl A. Scheid, City Recorder of Salt Lake City, Utah, do hereby certify that the above and foregoing is a full, true and cor- rect copy of an ordinance entitled, "An ordianance granting to the Oregon Short Line Railroad Company and to its successors and assigns a franchise to construct, maintain and operate a spur railroad track across Tenth South Street sometimes known as Roper Avenue, and aoros the alley in Block Three (3) in Holland Subdivision of Block Twenty- three (23), Five Acre Plat "A", Big Field Survey, Salt Lake City, Utah," passed by the Board of Commissioners of Salt Lake City, Utah, November 5th. , 1914, as appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the oorporate seal of said City, this bth day of November 191 . 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