31 of 1923 - Franchise to Oregon Short Line Railroad Company spur track in 3rd West near 5th South ORDINANCE.
AN ORDINANCE GRANTING TO THE OREGON SHORT LINE RAILROAD
COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT'TO CONSTRUCT, OPERATE
AND MAINTAIN A STANDARD GANGE SPUR RAILROAD TRACK OVER.AND ACROSS
THIRD WEST STREET AT THE INTERSECTION OF FIFTH SOUTH STREET, IN SALT
LAKE CITY, UTAH.
Be it Ordained by the Board of Commissioners of Salt Lake
City Utah:
Section 1. A franchise sad right of way is hereby granted
to the Oregon Short Line Railroad Company and to its successors and
assigns, to oonstruet, operate and maintain a standard g4ege spur
railroad track over and across Third West Street at the intersection
of Fifth South Street, in Salt Lake City, Utah, the center line of
said spur track being more particularly described as follows:
Beginning at, a point in the center line of the present op-
erated West main track of the Oregon Short Line Railroad in Third .
West Street, said point being give (5) feet West and eighty one and
fifteen hundredths (81,15) feet North of the Monument at the inter-
section of the Monument lines of Third West and Fifth South Streets;
thence Southerly along a 120261 curve to the right, for a distance o
sixty six (66) feet; thence South 80101 West, ten (10) feet; thence
Southwesterly along a 30000' curve to the right, for a distance of
one hundred twenty and seven tenths (120.7) feet, to a point in the
West line of Third West Street,said point being'sixty four and thirt
two hundredths (64. ) feet West and one hundred'two and forty two
hundredths (102.42) feet South'of the Monument at the intersection
of the Monument lines of Third West and Fifth South Streets. The
location of the center line of said spur track being more particular
ly shown in yellow upon the attached pae1M, 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) Th4t said spur track shall be laid upon and conform to
the grade of said street, and if the said grade is afterward changed,
by ordinance of the Board of City Commissioners, the grantee shall,
at its own expense, change the elevation of the track so as to con-
form to the same.
(b) Whenever said street where said spur track is construe -
ed shall be repaved, .resufaced or repaired, then said grantee, its
successors and assigns, shall repave, resurface or repair between th
rails and for a space of two feet outside of each rail with the same'
kind of material used on the said street, or with such other materi
as may be approved by the Board of Commissioners, and all ties shall.',
be laid upon a concrete base of such thinkness as shall be directed
by the City Engineers.
(o) The said spur track shall be laid and the road operate
so as to cause no unnecessary impediment to the common and ordinary
tee of said street upon which it is laid.
(d) Salt Lake, City reserves the right to regulate and con
trol the speed of all trains, engines and cars operated by the grant'
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eed, its successors and assigns, upon the said track.
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(e) That if in putting in said spur track said grantee sha. 1
remove or in any manner daterfere with the pavauent,sidewalks, curbs,
or Batters on said street it shall replace such pavement with the
same or such other material as shall be ordered by the Board of
Commissioners and shall'replace ouch sidewalks and such curbs and
gutters to the satisfaction of the Supervisor,of Streets, and shall
construct gutters that they will allowffree passage of wa.cer, and to
the satisfaction of the Supervisor or..Streets,
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(f) Said grantee shall put in and maintain such crossings
over said track as shall from time to time be required by the Board
of Commissioners...
(g) Good and sufficient conduits to convey water shall be
laid and maintained in good condition at the expense of said grantee
in all water ditches crossed by said track, so as to admit of fres
passage of water.
Section 3. Nothing in this grant shall be so construed as
to prevent Salt Lake City or its authorized agents, contractors, of
person or corporation to whom a franohise may have been or may here-
after be granted, from paving, Bewaring, laying gas or water mains,-
pipes or conduits, altering, repairing or in any manner improving
said street.
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Section 4. Said grantee herein its successors and aesigns,
shall, and by the acceptance of the privileges and franchise herein
granted, and in consideration of the same, does bind itself, its
successors and assigns, upon its acceptanoe of this franchise, to
save said oity harmless from all suits, claims, demands and'judgments
whatsoever, whether in.law or in equity, which ball be asserted,
found or rendered in any manner whatsoever, against..said City for
injury or damage to abutting property, personal injuries or other-
wise, by reason of the granting of this.franchise, or by reason of
the construction or operation of said-spur track .and that the grantee
herein, its successors and assigns, will pay the amount of any judg-
ment, determination or adjudication, which in any suit or proceedings
may be'or shall be found against said Salt Lake City, provided, how-
ever; 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 in-
jury or damage by reason of the construction, operation or mainten—
ance of said spur track.
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Section 5. This franchise is granted for the period of
twenty-five years from and after the passage of this ordinance, pro-
vided, however, that if for a period of nine consecutive months dur-
irgthe life of this franchise, said spur track is not used for'the - !�
purposes for which this franchise is granted, or if there is a sub-
stantial abandonment of the use of said spur track for said purposes,'
said franchise shall be voidable at the option of the Board of Com-
missioners;'and if so ordered by the Board of Commissioners said spur
track shall within thirty days thereafter, be removed and the street
restored to a condition uniform with the balance of said streets with
respect to grade, materials and construction, and to the satisfaction
of the Supervisor of Streets. In the event kee failure of said rail-
road Cpmpany to remove said track and restore said street upon such
action, and within said thirty days, the said work may be done by
Salt Lake City at the expense of the railroad company.
Section 6. Unless this grant and all the terms and condi-
tions thereof shall be accepted in writing by the grantee herein
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within thirty days after the taking effect of this ordinance, and
lunless such track be constructed within one year from the date of
such passage, then this ordinance shall be null and void,,,
Section 7, This ordinance shall take effect -one day-
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after its passage.
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Passed by the Board of Commissioners of Salt Lake Ci y,
Utah. July 9th, 1923.
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1.'l 1 `21 I' { - MAP SHOWING
- • •f ' ) 'i x • ; PROPOSED SPUR ACROSS THIRD WEST STREET
taiZ,��.• AND THE INTERSECTION OF FIFTH SOUTH STREET
SALT LAKE CITY, UTAH
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