30 of 1907 - Ordinance 30 of 1907 – Franchise, O.S.L.R.R. Co., spur track on 3d West between 4th & 5th South. AN ORDII+;ANCE",
An ordinance ggnting to the Oregon Short Line Rail Road. Com-
pan y, and to its successors and assigns, on the petition of Bailey Se Sons
a franchise and right-of-way to construct and operate a spur railroad
track on Thirbest Street between Fourth and Ftfth South Streets, in
Salt Lake City, Utah.
Be it ordained by the City Council of Solt Lake City, Utah,
SECTION 1. A. franchise an tright-of-way is hereby given and
granted to the Oregon Short Line Railroad Cempany, and to its successors
and assigns, to lay, construct and operate a spurtStandard. guag*e 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, in Salt Lake City, Utah, which point
is about 25 rods North from the Corner of Fifth South and Third West
Streets, thence in a southearterly direction on a 28 deg. 40' curve to
the left a distance of about 685 feet, to the East line of Lot 3, Block
43, Plat "A", according to a p}k or map filed with 41.pa-made a part of the
petition fon this ordinance,
SECTION 2, Duringthe 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 grade is afterward
changed by ordinance of the City Council, the grantee, shall, at its otn —
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 be-
tween 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 tAmme be required by the City Council
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(d,I 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.
(e) Good and sufficient boxes to convey water shall be laid
and maintained in good condition at the expense of said grantee in all
the•water ditches crossed by the 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, seweringli
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 privilegese and franchise herein
granted, and in consideration of the same goes bind itself, its successor;
and assigns, upon it 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 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 here-
in, 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 granteq
its successors and assigns, shall appear in and defend all actions brouglt
against Salt Lake City for any injury or damage by reason of the con-
struction or maintenance of said spur track,
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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 conaitions
thereof shall be accepted in writing by the grantee herein within thirty
days from the approval of this ordinance, and unless said track be con-
structed within one year from the date of such approval, then this orP
dinance shall be null and void;
SECTION 7. This ordinance shall take effect upon approval .
,„;;ea h r the O;_+zr )onncil of ;;Alt Lake ,9.t,r,TTtOh, ;Hin' 20,
1 ): atICI ref,n rn 1 to the ;laynr for ni_s nr-preval. J /
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MAY ,l 1907
J. B. MORETTON
attv Nowt* 'resented to the City Couai,
An refinrraitoVIr,Committee o,,a4,/ .:
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G nted to the City Coun I!,
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Aresented to the City Council,
�� AY 2 Q 1907 ( %
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Cm_,CORDER.
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