35 of 1916 - Substitute for Bill No. 32 franchise for Oregon Short Line Railroad Company ROLL CALL
VOTING AYE in salt Lai,city, Utah,.,;le.rch. 1915
Green
m„,.•that th.,
Scheid „
Shemin= . . .
Wells Mr.Chairman
Reult AN ORDINANCE
lin ordinance granting to the Oregon chart Line liailroad Company,
its successors andassigns, the right to construct, operate and maintain
a standard gauge spur railroad, track in '-hird blest street, between
.Afth and silkth south. Streets, in Salt Lake city, Utah.
Be it ordained by the Board of Oommisioners of Salt Lake City,
Utah:
WACTION I. k franchise and right of way is hereby given and
granted to the Oregon short Tine Railroad Company, and, to its successors
and assigns, to construct, operate and maintain a single spur standard
gauge railroad track in lhird meet Street, between .A.fth and W.xth
;Auth areets, in Salt lake (2,ity, Utah, the center line of saAd spur
track being more particularly described a8 follows, towit:
Beginning at a point in the center line of the .iest main track
of the Oregon dhort Line .;:ailroad, which. point is seventeen and forty-
nine hundredths (37.49) feet north and five (5) feet west of the monu-
ment at the intersection. of Third iesst and 2ifth. South streets; thence
southerly along a. twelve degree and twenty-six minute (12u 26') curve to
the right ror distance of sixty-five and seven tenths (65.7) feet;
thence south. night degrees and ten minutes .iest (S. 8° 10' For a
distance of ten (10) feet; thence ;_iouthdesterly along a thirty-two degree
(7i2° ) curve to the right for a distance of one hundred eighteen and
fifty-two hundredths (118.52) feet, to a point in the East line of Block
ftenty-nine (89), Plat ".a", unit I.t.,ke City jurvey, said point being.
ninety pima ninety-seven hundredths (90.97) feet south of the Nelctheast
corner of said Block Twenty-nine (29).
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 upo: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, ct
its own expense, change the elevation of the track so as to conform to
the same.
(b) Ahenever said street where said spur track is constructed
shall be re-paved, re-surfaced or repaired, then said grantee, its
successors and a signs, shall. re-pave, resurface or repair between the
rails and for a space of two feet outside of each rail with the saane
kind. of material used on the said street, 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 spar 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.
(d) Salt Lake City reserves the right to regulate and control
the speed of 611. trains, engines and cars operated by the grantee, its
successors and assigns, u.pon the said track. neither engines or cars
shall be permitted to stand on said spur track on said Third ,lest Street.
(e) That if in putting in said spur trans said grantee shall
remove or in any manner interfere with the pavement, sidewalks, curbs
or gutters on said street, it shell replace 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 to the satisfaction of
the uupervisor of Streets, and shall so construct gutters that they will
allow free passage of water, and to the satisfaction of the :supervisor
of Streets.
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LOTION!;. ;Nothing in this grant shall be so construed as to
prevent bait Lake Oity or its authorized agents, contractors, or person
or corporation to whom a franchise may have been or may hereafter be
granted., from paving, severing, laying gas or water mains, pipes or
conduits, altering, repairing, or in any manner improving said. street.
;yi;C'TION 4. uai.d grantee herein, its successors and assigns, sha1.1.,
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 harm-
less from al suits, claims, 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 or otherwise, 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 pro-
ceedings, may. be or shall be found against said oal.t Lake Oit -; provided,
however, that said grantee, its successors and assigns, shall have had
notice of any such suits, and an opportunity to appear and defend the
,arse; and said grantee, its successors and assigns, shall appear in and
defend all actions brought against halt Lake Oity for any injury or
damage bp reason of the construction, operation or maintenance of said
spar track.
S :CTION 5. This franchise is granted for the period of twenty-
five (25) years from and after the passage of this ordinance; 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 Commissioners, said spur track shall within
thirty days thereafter, be removed and. the street restored to the con-
dition existing prior to the construction of the same, end to the
satisfaction of the supervisor of Jtreets, and upon failure of the
grantee, its successors and assigns to comply with such order, this
franchise shall b null and void.
BBCTION 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 track
be constructed within one year from the date of such passage, then
this ordinance still be null and void.
JLCTION 7. his ordinance shall. tall clffect upon .ts,first
publication. •
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xassed by the Board of Uouni.ssioners of Lase U ity, Utah,
1916.
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�_."Gi.gil It corder.
p_.50
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Presented to tho Bond of Como:IssioDer% Loa css.3\y„tyl_
144r1Ze-ei"-11/444---
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First Publication in
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AP2 2‘.; 1916
,94esete
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Present, ed to the Board of Commissioners
AND PASSED
APR 2-. 1916
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