32 of 1916 - Oregon Short Line Railroad, Franchise spur track in Third West - 5th and 6th South streets Ai; ORDIirAiu CE
n ordinance granting to the Oregon Short Line Railroad
Company, its successors and assigns, the right to construct, operate.
and maintain a standard gauge skur railroad track in Third West
street, between Fifth and Sixth South streets,in Salt Lake City,Utah.
Be it ordained by the Board of commissioners 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 construct, operate and maintain a single
'� spur standard gauge railroad track in Third "rest street, between
Fifth and Sixth South streets, in Salt Lake City, Utah, the center
line of said spur track being more particularly described as follows,
to-wit:
Beginning at a point in the center line of the West main
track of the Oregon Short Line Railroad, which point is seventeen
and forty-nine hundredths (17.49) feet nor th and five (5) feet west
of the monument at the intersection of Third ',Test and Fifth South
streets; thence southerly along a twelve degree and twenty-six min-
ute (12° 26' ) curve to the right for a distance of sixty-five and
seven tenths (65.7) feet; thence south eight degrees and ten minutes
West (S.8° 10'W.), for a distance of ten (10) feet; thence South-
westerly along a thirty-two degree (32°00') curve to the right for a
distance of one handrail eighteen and fifty-two hundredths (118.52)
feet, to a point in the East line of Block Twenty-nine (29), plat "A",
Salt Lake City
Survey, said point being ninety and ninety-seven
hundredths (90.97) feet south of the iTortheast corner of' said Block
Twenty-nine (29)•
Said spur track being more particularly shown in yellow '
on the attached 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
grade of said street, and if the said grade is afterward changed by
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ordinance of the Board of City Commissioners, the grantee shall, at
its own expense, change the elevation of the track so as to conform
to the same.
(b) '.Thenever said street where said spur 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 kind of material used on the said street or with
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such other material as may be approved by the Board of 'ommissioners
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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
I said spur track as shall from time to time be required by the Board
of vity commissioners, and neither engines or cars shall be permit-
ted to stand on said spur track on said street•
(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.
(e) Good and sufficient conduits to convey water shall be laid'I
and maintained in good condition at the expense of the said grantee,
in all the water ditches crossed by said spur track, so as to admit
Iof 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 of rails and between said rails and for a dis tance of twenty-
) five feet on each side of the outer rail, subject to the approval of
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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,
its successors and assigns, upon the said track.
(h) That if in putting in such spur track said grantee shall
remove or in any manner interfere with the sidewalk on said street,
it shall replace the same so far as possible, and to the satisfaction
of the Supervisor of Streets.
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 street.
Section 4. Said grantee herein, its successors and as-
signs, 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 acceptance of this franchise,
to save said city harmless from all suits, claims, demands and judg-
ments whatsoever, whether in law or in equity, which shall be as-
serted, found or rendered in any manner whatsoever, against said
city for injury or damage to abutting property or otherwise, by
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reason of the granting of this franchise or by reason of the opera-
II Lion 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 II
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 and '-efend 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 spurt
track•
it Section 5. This franchise is granted for the period of
twenty-five (25) years from and after the passage of this ordinance;':
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provided, however, that if for a period of nine consecutive months
during the life of this franchise, said spur track is not used for
the express purpose for which this franchise is granted, this
franchise shall be null and void at the option of the Board of
Commissioners; and if so ordered by the Board of Commissioner ,said
spur track shall within thirty days thereafter, be removed and the
street restored to the condition existing prior to the construction
of the same, and to the satisfaction of the Supervisor of Streets,
and upon failure of the grantee, its successors and assigns to comp*
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with such order, this franchise shall be null and void.
Section 6. Unless this grant and all the terms and condi-
tions thereof shall be accepted in writing by the grantee herein
within thirty days from the passage of this ordinance, and unless
such track be constructed within one year from the date of such
passage, then this ordinance shall be null and void.
Section 7. This ordinanc sYall t e ef. c upon its
first publication.
Passed by the Board of ;orunissioners of Salt Lake City,
Utah, , 1916.
flayor
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City Recorder.
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Bill ITo.
Published , 1916.
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