36 of 1917 - Franchise to Salt Lake Terminal Company spur track in 1st West between 3rd and 4th South streets VOTING Rfc ..., Salt Lake City, Utah, MQY — �'l'i 191__
Green - 41:f
I move that the ordinance be passed. f'•.
Scheid I
Shearman
Wells
Mr.Chairman li
Result
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ROLL CALL '
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AN ORDINANCE
An Ordinance granting to the SALT LAZE
TERMINAL COMPANY, its successors and assigns, a franchise
and right of way to construct, maintain and operate a single
spur track from and between its main line on First West
Street in Salt Lake City to the property line upon the East
side of said street.
Be it ordained by the Board of Commissioners
of Salt Lake City, Utah:
Section 1: A franchise and right of way
is hereby granted to the Salt Lake Terminal Company, and its
successors and
ss rs assigns,
to construct, maintain and operate a
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single spur track from and between its main line on First
West Street in Salt Lake City to the property line upon the
East side of said street, as follows:
Beginning at a point in the center of the
East track of the Salt Lake Terminal Company 228.69 feet, more
or less South, and 8.35 feet,more• or less East, of the City
Monument at the intersection of Third South and First 'Jest
Streets; thence to the left on a curve having a radius of
200 feet a distance of 58.62 feet, more or less; thence along
curve to the left radius 140 feet a distance of 103.6 feet,
more or less, intersecting the Lest line of Lot 5, Block 50,
Plat "A", Salt Lake City Survey, 33 feet, more or less, North
from the Southwest corner thereof.
Said spur track being more particularly shown
in red on the attached sketch which is hereby made a part of
this ordinance. 1
Section 2: During the tens of this
franchise the Grantee shall be subject to the following
conditions, viz:
(a) That said spur track shall be laid upon
and conform to the established grade of said street, and if
said grade is afterwards changed by ordinance of the Board
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of Commissioners, the Grantee shall, at its own expense,
change the elevation of the track so as to conform to the
• same.
(b) Whenever said street where said track is
constructed shall be paved, re-paved, re-surfaced or repaired,
then said Grantee, its successors and assigns, shall pave,
re-pave, re-surface or repair between the rails and for the
space of 2 feet outside of each rail with the same kind of
material. used on 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.
(e) She said spur track shall be laid, and
the road operated so as mot to cause nag unnecessary
impediment to the common and ordinary use of said street
upon which it is laid.
(d) Good and sufficient conduits to convey
water shall be laid and maintained in good condition, at the
expense of said Grantee, in all water ditches crossed by said
spur track, so as to admit of free passage of water.
(e) 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 assi5ns,
upon the spur track aforesaid. Iieither engines nor cars
shall be permitted to stand on said spur track on First 'West
(f) That if in putting in said spur track
said Grantee shall remove or in any manner interfere with
the pavement, side-walk, curbs or gutters on said street, it
shall replace such pavement with. the same or such other
,.
material as shall be ordered by the Board of Commissioners ` :
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and shall replace such side-walks and such curbs and gutters
to the satisfaction of the Super'ti.sor of Streets and shall
so construct the gutters that they will allow the free
passage of water and to the satisfaction of said Supervisor
of Streets,
$e¢tion 3: Nothing in this grant shall be
construed so as to prevent Salt Lake City or its authorized
it agents, contractors, persons or corporation to whom a
franchise may have been, or may hereafter be granted, from
paving, severing, laying gas or water mains or pipes, alter-
ing, repairing, or in any manlier improving said street, but
all such improvements shall be made with as little injury as
practicable to said spur track and the operation thereof.
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Section 4: The said Grantee herein, its
successors and assigns, shall, and by the acceptance of the
privileges and franchises herein granted, and in considera-
tion of the same, does bind itself, its successors and
assigns, upon its acceptance of this franchise, to save the
City harmless from all 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 operation of said spur track; and that the
Grantee, its successors and assigns will pay the amount of
any judgment, determination or adjudication which, in any
suit or proceedings may or shall be found against Salt Lake
City; provided, however, that said Grantee, its successors
or assigns, shall have had notice of any such suits and an
opportunity to appear and defend the same; and said Grantee,
its successors and assigns shall appear in and defend all. i� '
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actions brought against Salt Lake City for any injury or
damage by reason of the construction, operation or
maintenance of said spur track.
Section 5: This franchise is granted for
a period of twenty-five 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,
the said spur track is not used for the express purpose for
which this franchise is granted, this franchise shall be
null and void; and if so ordered by the Board of Commissioners,
said spur track shall within thirty days thereafter, be re-
moved, and the street restored to the condition existing
prior to the construction of the same.
Section 6: Unless this franchise 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 said track be constructed
within one year from the date of such passage, then this
ordinance shall be null and void.
Section 7: This or ncje S4 11 tale
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effect upon its first publication. 4 4 s'j
Passed by the Board of Commissioners of
Salt Lake City, Utah. MAY , ".1 1
---City Recorder _
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