28 of 1909 - Ordinance 28 of 1909 - Franchise, O.S.L.R.R. Co., spur track on 3rd West between 5th and 6th South S AN ORDINANCE.
An ordinance granting to the Oregon Short Line Railroad Company, and
to its successors and assigns, on the petition of A.H. Vogeler, a
franchise and right-of-way to construct and operate a spur railroad
track on Third West Street, between Fifth and Sixth South Stteets, in
Salt Lake City, Utah.
Be it ordained b$ 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 successors and
assigns, to lr, construct and operate a spur standard gauge railroad
track upon the street hereinafter described, to wit:
Commencing at a point in the center line of the West main track,of the Oregon
Short Line Railroad, which point is 93.59 feet north and 5 feet west of the
City monument at the intersection of Third West and Fifth South streets of Sett
Lake City, Salt Lake County, State of Utah; thence on a 60 05' curve to the
right, a distance of 94.2 feet, consuming an angle of 50 44'; thence on tangent
a distance of 39 feet; thence on a 28° 00' curve to the right, 130.59 feet, con-
suming an angle of 36°34'24" to a point in the east line of Block 29, Lot 6,
Plat "A" Salt Lake City, Survey, which point is i 90.5 feet south of the N.E.
corner of said Dglo k 29.
SECTION 2. During the term of this franchise the grantee shall be
subject to the following conditions, viz.:
(a) That said spur track shall be laid upon and conform to the
established grade of said street, and if said gradeis afterward changed
by ordinance of the City Council, the grantee shall, at its own
expinee, change the elevation of the tracks so as to conform to the
same.
(b) Whenwwer said street where such track is constructed 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 as that used in the street pavement.
(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.
(d) The said sput track shall be alid, 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
water ditches crossed by said spur track, so as to admit of free
passage of water.
SECTION 3. Nothing in this grant shall be so construed as to prevent
Salt Lake City or its authorized agents from paving, sewering, laying
gas or water-mains or pipes, altering, repairing, or in any manner
improving said 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 successors and assigns,
shall, and by the acceptance of the privileges and franchises i}ere
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 shall be asserted,
found or rendered in an$ manner whatsoever, against said City for
injury or damage to abutting property or otherwise, by reason of the
granting of this frnachise 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 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 the said spur track.
spur track.
SECTION 5. This franchise is granted for the period of fifty 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 traek be con-
structed 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.
Ta::sezi by the City Council of Cult i _:e C it y,Ertah, ?"arch 15, 1909,
end referred to the ...ayor for his a Irprovvi.. 44--77
,itJ' 7.000rdc.r
:proved this
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Presented to the City Co �
• and referred to theCommitteeo ,.,
MAR-11909
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