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HomeMy WebLinkAbout32 of 1926 - Granting franchise to Oregon Short Line Railroad Company across 9th North Street between 6th and 7th - ROLL GAL'- L. 1% 1sa6 i VOTING AYE NAY Salt Lake City,Utah, Burton Fehr I move that the ordinance be passed. B Finch Moran ` Mr.Chairman - - - Result I it ORDINANCE AN OR.DTN;NCE GRANTING TO THE OREGON SHORT LINE RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT; OPER- ATE AND MAINTAIN, A STANDARD GAUGE SPUR RAILROAD TRACK OVER AND ACROSS NINTH NORTH STREET, BETWEEN SIB AND SEVENTH WEST STREETS, AND SIXTH WEST STREET BETIAso EIGHTH AND NINTH NORTH STREETS, IN SAL LANE CITY, UTAH. BE IT ORDAINED by the Board. of Commissioners of Salt lake I, City, Utah: Seotio34 41.: A franchise and right of way is hereby grant- ed to the Oregon Short Line Railroad Company, and to its successors qN and. assigns, to oonstruot, operate and maintain a standard gauge spur railroad track over and across Ninth North Street, between Sixth and Seventh West Streets, and Sixth West Street between Eighth!, and Ninth North Streets, in Salt Lake City, Utah, the center line of said spur traok being more particularly desoribed as follows: gI Beginning at a point in the North line of Ninth North II Street, said point being sixty-three and eighty-nine hundredths (63.89 feet North and two hundred twenty-two and eighty-one hun- dredths (222.81) feet West of the monument at the intersection of the monument lines of Ninth North and Sixth West Streets; thence Southeasterly along a straight line for a distance of one hundred fifty-three and twenty-eight hundredths (153.28) feet, to a point in the South line of Ninth North Street, said point being sixty- eight and eleven hundre&ths (68.11) feet, South and one hundred forty-four and nine-tenths (144.8) feet West of the monument at the intersection of the monument lines of Ninth North and Sixth West Streets; also, Beginning at a point in the West line of Sixth West Street, said point being sixty-four (64) feet, West and two hundred I, five and eighteen hundredths (206.18) feet South of the monument at it the iaterseotlon of the monument lines of Sixth West and Ninth Northl Streets; thence Southeasterly along a straight lime being at an angle of thirty degrees andthirty-three minutes (30'33') to the left of the said lest line of Sixth West Street, for a distance of on. hundred seventeen and seven hundredths (117.07) feet; thence Southeasterly along a curve to the right with a radius of nine hundred two and seventy-six hundredths (902.76) feet, for a distance!I of on• hundred ten and seventy-six hundredths (110.76) feet; thence li oontinuing Southeasterly along a curve to the right with a radius of live hundred seventy-three and sixty-nine hundredths (573.69) feet, for a distance of fifty-eight (58) feet; thence continuing �• Southeasterly along a curve to the right with a radius of six hun- dred seventy-four and sixty-seven hundredths (674.67) feet, for a distanoe of ten and eighty-four hundredths (10.84) feet, to a point Ij in the East line of Sixth West Street, said point being sixty-eight !A (60) feet East and four hundred sixty-nine and thirty-one hundredth (469.31) feet South of the monument at the intersection of the monument lines of Sixth west and Ninth Worth Streets. The location of the center line of said spur track being more particularly shown, in yellow, upon the attached print, which I' is hereby made a part of this ordinance. Soo'M/k g: During the term of this franchise the grantee shall be sin/ OY th the following oanditions: (a) That said spur track shall be laid upon and conform t the grade of said streets, 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 ao as to conform to the same. (b) Whenever said streets where said spur track is von- struoted shall be paved, resurfaced or repaired, then said grantee, its successors and assigns, shall pave, resurface or repair between the rails and for a space of two feet outside of each rail with the same kind of material used on the said streets, or with such other material as may be approved by the Board of Commissioners, and all ties shall be laid upon a concrete base of such thickness as shall be directed by the City Engineer. (c) The said spur track shall be laid and the ma oper- ated so as to cause no unnecessary impediment to the common and Ordinary use of said streets upon which it is laid. (d) Salt Lake City reserves the right to regulate and con- trol the speed of all trains, engines and oars operated by the gran-1 tee, its successors and assigns, upon the said track. (e) That if in putting in said spur track said grantee shall remove or in any manner interfere with the pavement, sidewalks, curbs or gutters on said streets it shall replaoe such pavement with the same or such other material as shall be ordered by the Board. of Commissioners and shall replace such sidewalks and such curbs and gutter to the satisfaction of the Supervisor of Streets, and shall so oonstruct gutters that they will allow free passage of water, and to the satisfaction of the Supervisor of Streets. (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) hood and sufficient conduits to convoy 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 free passage of water. Se : Nothing in this grant shall be so construed as to prevent a e City or its authorized agents, contractors, or person or corporation to whom a franchise may have been or may here- after be granted, from paving, severing, laying gas or water mains, pipes or conduits, altering, repairing or in any manner improving said streets. Sect opjk: Said grantee herein, its successors and assign, shall, and by the agceptanoe of the privileges and franchises herein granted, and in consideration of the same, does bind itself, its suc oessors and assigns, upon its a000ptance of this franchise, to save said city harmless from all suits, olains, demands and judgments 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, 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 judgment, determination or adjudication, which, in any suit or prooeedings 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 ap- pear and defend the same, and said grantee, its successors and as- signs, shall appear in and defend all aotions brought against Salt Lake City for any injury or.damage by reason of the construction, operation or maintenanoe of said spur traok. Sete : This franchise is granted for the period of twenty-five eare ram and after the passage of this ordinance, provided, however, that if for a period of nine oonseoutive months during the life of this franchise, said spur track is not used for the purposes for which this franchise is granted, or if there is a , substantial abandonment of the use of said spur track for said pur- poses, said franchise shall be voidable at the option of the Board of Commissioners; and if so ordered by the Board of Commissioners said spur track shall within thirty days thereafter, be removed and the streets restored to a condition uniform with the balance of said' streets with respect to grade, materials and construction, and to th satisfaction of the Supervisor of Streets. In the event of failure of said railroad company to remove said track and restore said streets upon such notice, and within said thirty days, the said work; may be done by Salt Lake City at the expense of said railroad oomp sect on 6: Unless this grant and all the terms and condi- tions thereof Nhaii.be accepted in writing by the grantee herein within thirty days after the taking effeot of this ordinance, and 1 unless such track be constructed within one year from the date of such passage, then this ordinance shall be null and void.. Seotitn 7: This ordinance shall take effect thirty-one 1 days after itS pasdiNge. ( tHY THE BOARD OF COMMISSIONERS of Salt Lake City, Utah, �� 1.!' 19 G , 19116. /!2:27,//-2 j I City Hecbrder. BILL NO. . Published i I 'I 3,. ' d' \ t `,` t g, rh F6, 75 }fir , aN n+h � b �O t 4. :4.49c,,,0hS69H�[o�4i '-e?a4/ ,01 y J (4 tow `. , r a,,j3 /6% !d!t CPI/ F u3^0 a;S41' '` a N. 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