33 of 1929 - Granting franchise to Oregon Short Line Railroad Company for track on 3rd West Street between 3rd an -"------. PL:el L ri """•• 4.0.--.....1 . ,.....
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VOTING AYE NAY
' gait Lake City,Utah, September 17th 192 9
Burton V
Fehr I move that the ordinance be passed.Finch
12t _i_
Moran 11 _________ _
Commissioner of St ,, s - ublic Improvements.
Mr.Chairman - - - - 1
Result
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ORA) INANCE
AT ORDINACL: GRABT1/13- TO CON 3/1ORT LIY!' ;:,JL40A.D
CO1ANY, IT3 JUCCORS AND 43:SI,;113, TO CON2TPUT, OPJ:AATE
iarD :TA/DTA/31 A STANDARD G.AAJCs7.•: 4Uit R. ().AO Tios:02: ACROSC
' 37u)./ET BTW':11/N THIRD A/a) POURTU JOUTH -3Tit4ET.i, IN ;tax
LAE,; CITY,
Be it Ordained Boara of Commissioners of Lialt Ink()
Citj, Utah:
Section 1. 4. frandAse and 779y, is It:::1•oby ,s7anted
to the Oregon 'TOWin. FailrOad Ocmjany, and --!nors
and asnina to oonstruct, operate and maiLtain
au!. railroad trG: aad .*:.oros.i.; Third "est street boteen Third
zU. ;orth L*.outh Streetn, in Salt Iitke Ltalk : tho center
of seta Jourt in6 more particulrly aeserviea Toilowel
•:! nin.s-; at u: point in the contor liac of the 'orcsent
or,cr!A..;d woot lAWIA tru/Ss: of the 0-:e:on -short Is-dne. Roilroad in Ztird
sot 3trawL, ant:. ;Joint bninsT five (5) feet ,Oist and i:Inety-two
CA a niiwty-one hundredths (91:01) feet Jouth if to monument at
the intersoc;;ion of the monument line of Third. ::md Third
south ..treoto; thonco 4;outherly along a 14626/ curve tc is:!+e ric;At
for a dist...nee of sixty-five and seven-tenths (65.7) foot; t'aono
Southwesterly along a 236489 curve to the right for a distance of
one hundred. (100) feet; thence oontinuing Southwestorly alonr a
27036' curve to the right for a distance of thirty-one and two-,Arnths
(31.2) feet to a point in the -iest line of Third. West Otreet,
said point being sixty-two and sixty-three hundredths (62.63) foot
et wad two hundred seventj-seven and ol. ht-toar,n1 (27Y.11 foot
South of the monument at the interseotion of the monument linee of
Third West and Third. South Streets.. The location of the oonter
line of aaid spur track being more particularly-shown in yellsipcn
the attached print, *doh is hereby ma4c a part of thie ordinance.
soction 2. Darin; the torn of this .2tanchien the rantsse
shall be dabwar-r5 the following oonditiona:
Tbnt said spur track shall and otinXorm
to the grade of said street, and if the eaia crndo is :-fteruotrd
chanced by ordinanoe of the Board of City Commissioner,..., the grantee
oh%11, at itl own oxponse, change the olovr,tics„ of t;.1.( tz7rk so !Ls
to conform to the same.
vlhenever said street where E.A.d spur trao'r: in enn-
structea ' recurfaoed or repaired., thera seta .itee,
ito successors and 1.4U ._ shall rely?:ve, row:Irfoce or ropaireesn
the rails and for a space of two feet outsideof-each 2Priii-with'th6”
so:oe kiLa of material use on the ei reot, of with such other
material an may be approved by the 2uari of sioma::.-lionors, and all
ties slx11 e ,Jlid upon e concrete be of s•.:ah thiskulso no ahll
be directo,', by the City Ifhlgineer.
(e) The said spur track shall be laid and the road
ated so as to cause no,unneoeseary imoetIimont to the +lemon era
ordinfo7r wn of said street upon which it is laid.
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(d) salt lake City reserves the right to regulate asad
control the speod of all trains, engine yea« oars operate:.i by the
;grantee, its aucoosser3 arn& acetone, upon the said track.
(o) That if in putting in said opur track said grantee
Waal remove or in any >canner interfere with the pavement, sidewalks,
curbs, or vatters on said atroet it shall replace ouch pennant. with ;I
the same or :u.ch other material as shall be ordered by the Toara of
Commis:aioners and shall replace ouoia sidewalks and ouch curbs and
(;utters to the satisfaction of the :supervisor or etroete axd Weail
so construct Ratter:; at they will allow free ea ardat,e of water, and
to tee oat:.:eactio:a of Leo aa:"Jervieca' of ;teoete.
(f) :-aii eruotee ea all pet in aee aein'.eeir_ t orw7,ot,
over nail tract' ea well from tt.w cc time bu re ui 'oJ 'Ate Board
of Uommieeionera
(6) eeee and sufficient ooaduit:a ee cor:,.J, w er ,0:.:%3 . be
lai t Dad ma.ixatai.aed in ;cod condition at the eepemee oe eat a grantee
in ell water iieal ss creseea by sold trace, so ao to tlklit of free
,n_1404;o of wato':.
' 3. ;iotaine in this grant shall 'ea ar cor:s treee ao
to provoee .'4ty or its authorized a onto, contractor::, or
-'e con or eeryoratioc. . ea a franoliise may have Neon or mey :sere-
alter be gr it,ed, from paveag. ae'aorine, leying ;aa or Niter mains,
pipes or conduita, altering, repairiae or in any manner isnproviee
said street.
sootion 4. Jaid grantee heroin, its suooes0ors and
caosigne, shelf. and by the a'eeptanoe of the priv1l,®gea aria. frao-
anise herein ;ranted, and in k:.::'aidflration of the some, dnee bin e.
itoelf, its cucceesoro =la assiee', upon its aceaptaeee nti" thin
iranohise, to save said. City harts,... elan all aui::a, +::I.0 snxs, itoaanIis
said judgments whatsoever, whether in e or in equity, which ohal]-
be asserted, found or rendered in any c .. . '- ateceve::, uu ,meet
said City for injury or damage to abettleg ,, - eerefeesl iz-
1 irioa or otherwise, `uy roaeon of tee ee.'i'.ni ien e: reohiao, or
+v reason of the construction or operation of ::sit,. u a, a
the geaatoe haeoi. , :LtJ rivooJeoor e au& t.:i:s1." :.s, sWel
e any 3ud rent determination or adjudication,alhich a.
ace. --'cdingc may be or shall be fo-1ne agai nut said ea1t le
City; pry, eewever, that said grsanteo, its s.cc^oseara one.
aoei-us eha.el r' notice of any sulah sad.its, "arcs, all opportu.sity
to appear ane aeeee: nano. and oak' emeteo, ito s oceseors and
eseien:, sail apeaar ^efend all aotione :,.reuLeht a,ainot ;.salt
take City :Cox any ia3urr or aeee;,c by reeao;a of tee ooeetrds.cticye
operation or maintenance of said. ::i,'.,• ?'rnok.
Motion ;:. This franchise is neaal :for tee period ee
twenty-five years from and after the t; d;sie.- is oreinaneo,
provided, however, that if for a period. e-:: r,inc, eaaeeeiva mcnt. s
auxin„ the lefe ca' thi' frw:cchine. eaie ^e'u trace A. vee for
the purpose:: for which this franchise ie era_stc1. er ie_e :'.
substantial abandonnont or the use oe acid spur truce .:or as e
purposes, said. fraszohise shall be vole-able at the opeion of b s
Board of Coeuaisaioners; a_ad if co orders;. by ':,he eeoed r,;: acme
miesioneru said spur track see13 within thirt,`,r d::kre thereafter; be
renewed aria the street restored to a conattton ; :i orm :ith the eel-
anoe o' eaia steects with respeot to ;;rai.o, :a eo: halo one corner-c-
tion, and to the saatinfaotion of the supervisor o:, etroots. h: :;he
eisnt4tiwhe failure of ::said Raileoad Comkrsady to .aaove .;ui:l i.r=:.oe and
res d:ore said, street upon such action, a d. within said thir:,
the said work may be done by salt IA.ake City at the expen.e ox tee
iaailroad. Coupazsy.
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Section 6. Unless this grant and all the terms and con-
ditions thereof shall be acopeted, in writing, by the grantee heroin
within thirty days after the taking effect of this ordinance, and
Wiles; such track be oonstruetel within one year from the date of
such passage, then this ordinance shall be null and void.
Section 7. This ordinanoo shall taco effect thirty--one
days after its pasoa,re.
Passed by theme hoard of Co ' oner s of 1..alt .eke City, i
Utah, �s �1 � , 1929.
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Dill No.
r
STAT;; OF UTAFI! 1 $ a
County of Salt Lake. `
z! , the duly apnaintnd, qualified
w;tier :Recorder of Salt Lake City, Utah, do hereby certify that
the attached and foregoing is a Hill, true and correct copy of Dill
No. , for an ordinance granting to the Oregon Short line !tail
road Company. its successors and. assigns, the right to construct,
operate and -.laaintaiu a standard gauge spur track over and across
Third aest Street, Le;,-•..-: Third and Fourth South Streets, in :Jolt
Ice City, Utah, passed by the '' of Commissioners
1929. and as appear., 'lord in my office,
IIt dITttt;SS anwor, I have hereunto a hand an. af-
I
fixed the corporate seal of said City this day II
A.D. 1929.
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Proof of Inbdtrattian
3tniteb*taus of Anterlra
STATE OF UTAH ss,
COUNTY OF SALT LAKE
ORDINANCE.
An ordinance granting to the Oregon
Short Line Railroad Uric pins,to c Itson-
,
moors and assigns, g °- , l�JJ ,.l
struet,operate and maintain a etarlt- iLARR 1 6iOLF1•'
9crop third w railroad
street beiweent"'4ira j
a d Fourth South streets,1n Salt Lake
City,Utah.
Be it ordained by the Board of Com-'I
mSeononrlof Salt Lake
1ity,lriglhrt o1 being first duly sworn,deposes and says,that he is the Principal Clerk
way Is hereby granted to the Orcgon'
1 Shortoad
Its and assigns,a stand- of the SALT LAKE DAILY TRIBUNE, a newspaper published in
BM-gauge spur railroad track,Her rid
across Third West street between Third
na Fourth South,greets,m sat,axe Salt Lake City,Salt Lake County,State of Utah.
'tra fah,the center line f aid spur
as follows:
re particularly described
Beginning at a yq the center
line f the present operate main That the Notice ORDI1d,ANCkC_-BILL..110.,....36
track of the Oregon Short Line Rail-
. oad in Third West street,said point
being flee (5) feet went and ninety-
two and ninety-one hundredths In1
feet south of the monument at the in-
Titled ion of the monument lines of
Third West and Third South streets;
thence southerly along a 12°28'curve
to the right for a distance of slxty-
Iive and seven-tenths (65.7) feet;
thence southwesterly along a 23° 68'
curve to the right for a distance of
one hundred (100) feet; thence con-
tinuing southwesterly along a 22p7° 36'
cthirty-one and he ittwo-tenths t for a d(31.21'feet
w n pent Is the want line of WessThird
ixty-two
of which a copy is hereto attached,was first published in said news-
and sixty-three
said Andre being 63)feet
and sand-three hundredths
en y-s feet
anwed
and two s (2dred 6Pet south
of 28th
and eight-tenths (2t a feet so�th of
the monument t the hind West
of paper in its issue dated the
the monument hues of Third catio and
Third South streets.s. The location bof
e-renter line of said spur track be- August , 1929
Mg more particularly shown 1n yellow day of
hup e eb on tmadettached sprint, which is °
art
Section 2_ Dauring thehis termdnce.ofathis
franchise the grantee shall be eublect and was published in each daily issue of said newspaper, on
to the following conditions:
(a) That said spur track shall be
Isla upon and conform to the grade of
data street, and 11 the said grade Is August 28tha for
afteBoar of rd changed
Commissioner,of the
he
grantee shall, at Its own expense.
change the elevation of the track 6o as One 1 insertion
o conform to the same. thereafter,the full period of
b) Whenever said street where
Bald
spur track Is d u constructed shall bere-
pa ved, r repaired, then
said grantee,,its ,resurface and ne-
atens, the last publication thereof
between the rails sand for Ca space or repair
two feet outside of each Yell with the
srime kind of material used on the said
treet or with such other material as 28th may be approved by the Board of Com- being in the issue dated the day of
ers, and all ties shae laid
uplrn0a concrete bast of such]thick era
as shall be directed by the City Ed'.
Augustn-
,A, .192 9
(c)The said spur track shall be laid
1 and the read operated 00 as to Cause
no unnecessary impediment to the
'common and ordinary Lisa of Said street /� ` ,.'
upon which 1t Is laid. 6-60-- i
(d)Salt Lake City reserves the right GJ-
to regulate and control the epees of
11 trains, engines and cars operated
by the grantee,its successors end as-
signs,upon the said track.
(e)That it In putting In'said spur ribed and sworn to before me this 8th day of
track said grantee shall remove or in
shy manner interfere with the pave-
roenald tstreet sidewalks,
shallurbs or replaee snolriere cur
merit with the same or such other nni' August 9
terlal as shall be ordered by the Board ,A.D.192 . j
of Commissioners, and shall replace I
such the and such cube and gut : •'
-
ter t ofoo thee sa satisfaction of the Super-
visor Streets,and shall so construct
gutters that they will allow free pas- ------------------ /.'
ineage of water,and to the satisfaction of Notary Public,
Supervisor of Streets.
Advertising fee,$
rFI r:
(f) Said grantee shalt putin and
maintain tuck crossings over said track
as shall front time to time be required
by the Board of Contmisaioners.
(g) Good and sufficient conduits to
convey water shall be laid and main-
tained in good condition at the expense
of said grantee in all water ditches
creased by said 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,contrac-
tors or person or corporation to whom
a franchise may have bean 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. Sald grantee herein, its
successors and nsigne,shall,and by the
acceptance of the privileges and fran-
chise herein granted,and in considera-
tion of the same,does bind Itself.Its
successors and assigns, upon Its ac-
ceptance of this franchise,to ease said
oily harmless from all suits, claims,
demands and Judgments whatsoever,
whether in law or In equity, which
shall be aaserted,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
ranchlse,or by reason of the construe-
ton or operation of said spur track,
End that the grantee herein,its suc-
saors and assigns, will pay the
tmount of any judgment,determine-
ton or adjudication, which in any
colt or proceedings may be or shall
se found against said Salt Lake City;
irovlded. however, that said grantee.
is successors and assigns,shall have
lad notice of any such suits,gad n
,pportunity to appear and defend the
• a and said grantee,its successors
nd assigns. shall appear in and de-
end all actions brought against Salt
,ake City for any injury or damage by
eason of the construction, operation
r maintenance of said spur track.
Section 5. This franchise Is granted
or the period of twenty-five peace
rant and after the passage of this
srilnance: provided, however, that it
or a period of nine consecutive
nonths during the life of this Iran-
:Mae,said spur track is net used for
he purposes for which this franchise
• anted.or if tbe Is a
;b ndonment of the use of Saida spur
r
t ack for said purposes,said franchise
hall be voidable at the option of the
Board of Commlaatonera: and It so
lydered by the Board of Commissioners
Id spur track shall within thirty
lays thereafter be remoted, and the
street restored to a condition uniform
with the balance of said streets with
respect to grade, materials and con-
struction, and to the satisfaction of
the Supervisor of Streets. In the event
of the failure of said railroad com-
pany to remove said tract and restore
said street upon such action, and
within said thirty days.the said work
Wray be done by Salt Lake City at the
expense of the railroad company.
Section e. unless this grant and all
the^ an conditions thereof shall
se mst ed,1n writing.by the grantee
'thin thirty d after'the
'cc of ' lr ,to, •od
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