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Home My WebLink About33 of 1917 - Franchise to Oregon Short Line Railroad Company two spur tracks in 5th West and 9th South streets 7 --VOTING AYE NAY Salt\Lake\City, Utah, 19L_ Green I move that the ordinance he passed. i. Scheid p c`_- 191 smier Vs Wells , Mr.Chairman Result 3_3 AN ORDINANCE. An ordinance granting to the Oregon Short Line Railroad Com- pany, its successors and assigns, the right to construct, operate and maintain two standard gauge spur railroad tracks across Ninth South Street and in Fifth West street, 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, o_:erate and maintain two standard gauge spur railroad tracks across Ninth South street and in Fifth West street, in Salt Lake City, Utah, the center line of said spur tracks being more particularly described as follows, to-wit: Commencing at a point in the center line of the main track of the San Pedro Passenger Connection of the Oregon Short Line Rail- road, said point being one hundred eight and eighteen hundredths (108.18) feet south, and two hundred seventeen and sixty-one hundredths (217.61) feet east of the City Monument at the inter- section of Ninth South Street and Fifth West Street; thence westerly . along a twelve degree and twenty-six minute (12 degree, 26 minute) curve to the right for a distance of sixty-five and nine-tenths (65.9) feet; thence north eighty-one degrees and fifty minutes west (J. 81 degrees, 50 minutes W.) for a distance of ten (10) feet; thence northwesterly along a thirty-two degree (32 degree) curve to the right for a distance of eighty-eight and seventy-nine hundredths (88.79) feat, to a point in the south line of said Ninth South street; which is the point of beginning; thence continuing north- westerly along the said thirty-two degree (32 degree) curve to the right for a distance of one hundred fifty-six and two-tenths (J.56.2) feet to a point in the North line of said Ninth South Street; also Beginning at a point in the center line of the above de- scribed spur track, which is sixty-nine and thirty-one hundredths (69.31) feet northwesterly, measured along the center line there- 1 S: !k t_ 46416 - 2 - of, from its intersection with the south line of said Ninth South street; thence northwesterly along a nineteen degree and thirty- , three minute (19 degree, 33 minute) curve to the right, for a dis- tance of sixty-five and nine-tenths (65.9) feet; thence northwest- erly along a twenty-six degree and twenty minute(26 degree, 20 min- ute) curve to the right for a distance of twenty-one and three- tenths (21.3) feet, to a point in the North line of said Ninth South street. Said spur tracks 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 snail be subject to the following conditions: (a) That said spur tracks shall be laid upon and conform to the grade of said streets, and if the said grade is afterward changed by ordinance of the Board of City Commissioners, the I grantee shall, at its own expense, change the elevation of the tracks so as to conform to the same. (b) Whenever said streets where said spur tracks are con- structed shall be paved, then said grantee, its successors and as- signs, shall pave between the rails and for a space of two feet out- side 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 Commiseioners, and all ties shall be laid upon a concrete base of such thickness as shall be directed by the City Engineer. (o) Said grantee shall put in and maintain such crossings over said spur tracks as shall from time to time be required by the Board of City Commissioners, and neither engines or cars shall be permitted to stand on said spur tracks on said Ninth South 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 j use of said streets upon which they are laid. (e) Good and sufficient conduits to convey water shall be laid and maintained in good condition at the expense of the said grantee, in all the water ditches crossed by said spur tracks, as as ' Ito admit of the free passage of water. leLl V 'k ` . - 3 - (f) Said grantee, its successors and assigns, shall gravel • and maintain in good condition at the established grade, the streets along which the tracks run, to within one and one-half inches of the top of rails and between said rails and for a distance of twenty-five feet on each side of the outer rail, subject to the approval of 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 spur tracks. I (h) That if in putting in such spur tracks said grantee shall remove or in any manner interefere with the sidewalks on said street -, it shall replace the same so far as possible, and to the satisfac- tion 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 streets. 1 Section 4. Said grantee herein, its successors and assigns, shall, and by the acceptance of the privileges and franchises 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, claim, demands and judgments whatsoever, whether in law or in equity, which shailbe I asserted, found or rendered in any manner whatsoever, against said city for injury or damage to abutting property, or personal in- juries, or otherwise, by reason of the granting of this franchise or by reason of the operation of said spur tracks, and that the grantee herein, its successors and assigns, will pay the amount of any judgment, determination or adjudication, which, in any i suit or proceedings, may 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 opportu- nity to appear and defend the same; and said grantee, its suc- iI SECTION 5 •. This ordinance is passed as a substitute for and 1 to take the place of an ordinance passed by the Board of Commis- sioners September 6, 1916. - - 4 oessors and assigns, $hall 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 spur tracks. Section 5. This franchise is granted during the pleasure of the Board of Commissioners of Salt Lake City; and this franchise may be annulled and made void at the option of the Board of Com- missioners; and if so ordered by the Board of Commissioners, said spur tracks shall within thirty days after written notice, be removed and the streets restored to the condition existing prior to the construction of the same, and to the satisfaction of the super- visor of streets, and upon failure of the grantee, its successors and assigns to comply with such order, this franchise shall be r null and void. 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 passage of this ordinance, and unless such tracks be constructed within ninety days from the date of such ( passage, then this ordinance shall b null and void. Section 7. This ordinance shal ak eff t upo i s first publication. Passed by the Board of Commissioners of Salt Lake City, Utah, APR 1"' 191( , 1917. � / ��t/YY/ Gc ?/1 "7aaiys , ✓vZV City Recorder. 1 tf L 'C ., o( r96a 1 » ate•; a -. I ; . r,: , - (= Jca �H �Tv.01i *iIt I , ) • i ,. Al ,yJ'+rod d"yss49.. i a . I )5WJY,rf'dl4 ArIB fIMlTiEe ,9Ana iz5l a f., o !'.s tF s,od rlF• Ndf fir'47 t'►iK*N ,n •• 0 i F.vCF+r tdlYC. spy° , J •6 , r -- _T 4 1 tr. J el. 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