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36 of 1929 - Granting franchise to Salt Lake Terminal Company for track on 1st West Street between 1st and 2nd So AN ORDINANCE An ordinance granting to the Salt Lake Terminal Company, its successors and assigns, a franchise and right of way to con- struct maintain and operate a single spur -track from and between its main line on First West street in Salt Lake City to the prop- erty line upon the west 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 assigns to construct, maintain and operate a single spur track from and between its main lira on First West street in Salt Lake City to the property line upon the west side of said street as follows: Beginning at a point on the center line of the west railroad track of the Salt Lake Terminal Company, said point being 4.35 feet west and 245.61 feet north from the street monument at the intersection of First West and Second South Streets, and running thence northerly on a curve to the left with a radius of 200 feet for 47.07 feet, thence continuing on a curve to the left with a radius of 150 feet for 98.50 feet to the east property line of lot S, block 67, Plat "A", Salt Lake City Survey, said point being 17.35 feet south of the north-east corner of said lot 610SW-e-a..14 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, viz: (a) That Said spur track shall be laid upon and conform to the established grade of said street, and if said grade is after- ward changed by ordinance of the Board of Commissioners, the grantee shall, at its own expense, change the elevation of the track so as to conform to the same. (b) The said grantee, its successors and assigns, whenever �? so required by the Board of Commissioners so to do, shall pave, e� repave, resurface or repair between the rails and for a space of two (2) felt on the-outer side of each rail where said track is Orr'. 'tr mi ti, _,,,,•� • 2 - constructed with such material and in such a manner as may be approved by the commissioner of streets and public improvements; and all ties shall be laid upon a concrete base of such thickness as shall be directed by said co nnissioner. In the event the said grantee shall fail to pave, repave, resurface or repair any surface or area as herein required for a period of thirty (30) days after notice from the Board of Commis- i sioners to so do, the city shall have the right to pave, repave, resurface or repair said surface or area and the grantee agrees to reimburse the city for the total cost of said work, labor and material. (c) The said spur 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) 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 epee, of all trains, engines and cars operated by the grantee, its successors and assigns upon the spur track aforesaid. .feither engines nor cars shall be permitted to stand on said spur track on First West street. (f) That if in putting in said spur track said grantee shall remove or in any manner interfere with the pavement, sidewalk, curbs or gutters or waterways on said street, it shall 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, gutters and waterways to the satisfaction of the commissioner of streets and public improvements and shall so construct the gutters that they will allow the free passage of water and to the satisfaction of said commissioner. n Section 3. Nothing in this grant shall be construed so as to prevent Salt Lake City or its authorized agents, contractors, persons or corporations to whom a franchise may have been or may hereafter be granted from paving, sewering, laying gas or watermains or pipe, altering, repairing or in any manner improv- ing said streets, but.all such improvements shall be made with as little injury as practicable to said spur track and the opera- tion thereof. Section 4. The said grantee herein, its successors and as- signs, 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 the city harmless from all suits, claims, demands and judgments whatsoever, whether in law or in equity, which shall be asseited, 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 and Said grantee, its successors and assigns ' shall appear in and defend all actions brought against Salt "'aka City for any injury or damage by reason of the construction, opera- tion or maintenance of said spur track; 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. Section 5. This franchise shall extend until the expiration of that franchise granted to the Salt take terminal company on December 31, 1913, to wit: Until the first day of January, 1964; 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 vo id,, and if so ordered by the Board of Commissioners said spur track shall within 30 days thereafter be removed and the street restored to a condition uniform with the balance of said street with respect to grade, 1 materials and construction, to the satisfaction of the commis- 1 stoner of streets and public improvements. In the event gran- tee fails to remove said tracks and restore said street Salt S 1 Lake City may do so tat grantO s expense . d " Section 6. Unlesthis fr s;- ej,nchise and a.< e t and con- r.,-; ditions thereof shall be oo ted in writ g u he antes '0 _ herein within 30 days•yrdm ttt4 passage ofttnidi te, and v unless 'said track bC' Win tree ed. within o` y •,fro • he date of such passage, the this o inanoe shall b ull4 Pio id. 1 �, Section 7. This PordinangSs hall take effect upon its first publication. Passed by the.Board of Commissioners of Salt Lake City, Utah, this 17th day of September, A. D., 1929. r____c_::_;._......L,_,__. � { f Mayor. City Recorder ' / '4 CSC 4betns78 at eatrions"x1 atnd notnw "xo3 eaoq'uq eeezgxe end TO end y,d benebao oa /t brie ,bt ov bns SSun ed Stsne eatriona.x3 atnd ey,sb OE ntnfiw 'Eerie stosnd wqa bias enenuteeimmo0 /o b'xaoa noidibrxoo s of be,xodeen deenda end bns bevomen ed aed/senend ,ebaig of ,toegeez rifiw deezda bias /o eonLSad end rifiw m7o/irw atmmoo end /o notdos/etjee end od tnoidowsdenoo bns eIsinedsm -nazg dneve end nI .ednemevo7gmt otIduq brie efee,xda /0 7enoia diz2 deelde btaa ezodee7 bns aIoaad btse evome7 od efts/ eet kr..t eanegxe eta dna7g d>t oa ob yam gdt0 eLs1 -noo bna ' d a bns ealtio4ida etn,lMeteInU .a notdoe2 eedna ; er J. Eir tini^r nt be oo ed SIsne 3oonerid enotd ib [ s . ram bns 0 ;ntbv, to Rio egseeaq d 'mbcx/P?agab OE ntnftw nte�xen .-- ed$b ens ,oz3 y w'o nindiw Ike krI ride tid ,10szd bias eeetriu 'F °' Ca ry .bt a .. SSu d .LSsne eonsnt o et/d r of gegaeesq norre /o %ot,Y� de,x.i/ elC- noqu doe/le egad liana-. nanibzaei atnT .0 notdoei? & 1 .notfaotfduq Is ,risJU ,ydi0 axes dts2 /o azeaoieaimmoO to bzsof srit yd beaes`I •PSef e•Q .A .zsdmsfgs8 3o gab rit('i eirif ,..._____,__„___,.._,,,...._4\ -‘0=3-4.12, - .zoysl4 0N).(1,1,J( )-'n. xebiro°eR ydi;) { N. V S/.5 1 f 1 // o I / b Io -\` Y 66 I I 1 1 5i 1 IIizoi.i en ram, KE TERMINAL Co. TRACKS 4 I \ it r II - Cb c J 79,5 ' t /7.81 _<if 69'1 - —— — iso �38°O1_i 1 c " 13$�� \°1,Y 1 o vac J f --Ap ' \i W t N0 -A ( 0 } O -, 1 I o, Pro•er Lin- /6S' ,I a N B Wa� N Curb 'E/02.67 44 2 1 I ems° 1 � ; ar th 1� � '' f8.l2-mil— — — — — i EST ST. 5ALT L , d a II y Ji 0ri D co o 9) ° � m x rn Z D 0\ U U 0 `° r 'J � " -71 Dr i o U > -f- 2 a m mD 0 d OC < 71 7I � � U "I a3 (l ° UlAb Z D r 0riA c ) n n 61 ° X --1 r o x n cn u - e N t O /65' 111 I 1 1 a 1 u I I I I 24S.!I -- — — — — — — — — — 227.49 — FIRST vv 111 — 11.111111 .1/ • , ' 4 _ ,ii:i2 1.-• 1 •1 6NI-C. I. flw.4- ItC7v1" 1i r 1, 1'1 t--1 11:3 rs4 ' 3.• t) ,,,,• t , ,t, —, ,,„,,,,i. i Ds,•- 7; ,0?.. :, ch " F. - 1 g -11 4 0 0 0 R tr g l'7' 1 x e , r NR Proof of Inhltratton 3Aatteb*tales of Amertra STATE OF UTAH ss COUNTY OF SALT LAKE art ourroaxd „a, °%a ordihahee z7• ;•a r„ loth Lake Terallaal ,r7 Qfi ..,Tel ae ic.�a ,!an. ill. 017, 1 HARRY IOLFF.. fie a sine tl"'ptef trb':3xoo and' -Meta its raieuit►4R41xot wrest to Salt Loa tilt ! pxbP 7l being first duly sworn deposes and says that he is the Principal Clerk Upon.the Great sills + b tt orddlned S a ' nt eeioaere of w y:yi and •, of the SALT LAKE DAILY TRIBUNE a newspaper published in lei Salt Lake City Salt Lake County State of Utah sogiowns at 4 :••S' t?r line of the west •_•)mad .•.Pz th. That the Noticed ORDINANCE. Salt Yaks Terming •eilwallY agid point being 436 feet Wont and 34S eL feat the ffrreoe''ettuheoxelsu a44eeb106'S of SALT LAKE. CITY COR1 ORATION. cad South etxeete and fttnatut Wo t. northerly on a curve to' a left with a-radius at 30e feat for 47 CO teat lieenne a raUd�iuing o1a a set ttOd the lest with OrFICL OF TiiE CITY RLCORDER a e coot Ox 1co fat for Sie0 teat tO the east pro arty Sae of lot 8 block 67 Plat a Salt Like Shy hum*, end point being 17 96 seat saheb of BILL IdUbjBER 36 the northeast cornet'of said lot o old est. track ow Oil mote partfdprint wn In yellow qa rile tteo 4 t s a t b;0reby°sae 0 P50 " of which a copy is hereto attached was first published in said news Section 3 String the laths et this franchise the grantee 531a11 be tub foot CO the following cohdltloha.via (a) That said spur tree* WAS to paper in its issue dated the 18th igid upon and co orm to the and: Mated grade ox said eta.k .•0 if said Wade 10 atperward y Pun ui , ox aoo of the 9oard of • :topers September 192 9 the grantee shall at ;.,thee day of change the Covet k• 69 as t0 opatorm to re and wasdaily newspaper and'assigns said .—re published in each issue of said news a er on the Board o• ea tO do rpair shall between n •na sheee September 18th. for de et oath all and In is Guth conas t$a0na q'ekta vind'451 by 04 brayi thereafter the full period of One Insertion. "• ' ora4de Case se(OAS al et ch e G lull be diteat04 by send oat he'event the sat e?itasbeii the last publication thereof to pave remove re as or k ::y eurtaoe or'area as a red tor a ported ox thirty p e alter notice nom the)loam.Pt . Nl 4 ors t to pave the svayreeu0faaee`es o th being in the issue dated the 18th day of rispax obit eurfaa s44 t grantee agrees to ref bur 'the idly for the total coat oz ealawe ylabeiapad September A D 92 9 material (c)The rigid epuuo�*SOW •st.,td and the road oygpetgtgd, t0�`pd8 ay common a nod orcitogry uee seta stfeet upon which it is 104 (O'COW and ahffldasggt eangnite to Convey wake shalt be Ltd and mein tattled in good¢reondttiget et the ea rWitatleBnes ee aed"by esata' r shins,eo l sworn to before me this 18th dayof ea to admit of free see VI paten (e)Salt Lake City ea the right to regulate art Pon oP d Of an trains en fibs and 0 tad by the etni�iw u see near A D 192 9 e tO Wit 40 Notary Public Advertising fee $ I .n" tp auth p en enb street It khaan remise, eu1h'paVement with the some or such 'other material ea shall be ordered by :the:Board of.Cott10lh sners and shall i.;e a`avoh slderW0y end seer olift:: ggtdtt re he OMmissl to the oete end pun or;the eommht tol Of etr and ,e inkit the gut er.bast t:heir so con- 'ttr110t the§litters„t W they a,91Uby the ffeti 01 Of ot-Water anti•rp_' ' ' egtec;t 02. of-bald;n thi igeh econstrue�rotaiitto o anovoitt alt WO lato be construed so ae authorised writ., Contrac- tors,or It.pinions'Or ooretl etlon e,Ogp hom a f0101tltOOr ,it ve been e'or a r a Ifan'ay. may%eve Alain, et may a easing, bd. g lhr alter Mains o sager one,layingc �1pa,altering tepalrthgbr till;flan. ''het i pulse Bald etr is h it 4p ayci} i to 00-0 rdtlsoldh,A, IiGt1r- :pry as pfaotic4ble ttsald glilt. D e Section Lase 001 tw. sol. 40 009ceo 4. The said, N'h its sutnoepora and 001511 yjl� d'liy' the obt0tetanoe of;the ptl94 O hd "cideraqi Oes,,herein Branto'4 arid Sty n- siderViOn Of the same 4eu nd;ttetf. Its etlegneasore end aseigltO,upon10 Ste,to• ceptan0e of this frall ohee;to save"the lisnalese from all suite',FIBSh't0 a de- 'mande apd Judgment. .01ty0dieever, whether'in law Or^in e0 reu,-which ..shall cobobeg .0,f0un `or.rea, ed in any manner'wha.see or,agar Bald City fOr Warr ot.de ago to gpdttir properly qt OtherW110a'yr",1 ot,tha Vgresnntin pt:tray Yr 1el0 e',b9 rda- &M..ar the operaEn1tpene0i3Ogip; trash: apd that the paneeei Ati sd Om and assigns,Will pa94�t' a01go1 any bidill wl,lo dI so it1 ry._ 00ee 1oag „;tton Winch.lb found ag di't alt Lake ' may Or shall be found agalpat salt Lake AV and,ebid grantee;1te eucc1ng ` .aalD00119u41 e iy 'agar against Sal 11;pppadd all for 111-1ihjlifyt or afnaD by fake City the oonstuct17 damage by Orr ro� to Slit coita ntspur: act;pro- "•..Or mafnte 1e1",p at liti101 track;,Ito eneees oro 00 r,adenine. e.eshd l grantee,had noticeteBofa Or'ny.0 pE su shall have red PPer- tun of appear r d def and an some. St ect to appear sat nohise the lame. Section unt 5. expiration anon shell ex- tend tents the expiration of rat 4an- cCom000 nted to the Salt 1913,aloahstl Until the On D01 day 31,J ar LO1104; provi d the Iftt'-day of January,1 ve- rnal anal n h0 consecutive that e theor a during he of nine ll.franchise the rap Q11 pur the t t of tbls franchise the sale spur jtrack 1s not used for ollle,a gr ld- rat,*while ch13 free null a granted, and ifenn o shell by ttee sad doff and 1I to rs ordered a the Board of within SP day said after be retree& shall oddw1 streete restored be oenmvon unf the. h restored eto a scondition aid str000 With respect tohe ba de, otecle tttOi d 0400 respect tohe Sa materiels a the = commissioner of streets and Lpubilo line provemente. In the event grantee;ells Lg.'-remove paid track.and 40stdr0:Reid street i Salt Lake City may do ee_.et gegatee's espgnea:. 000110n e. bnieee this franehjje. `,d all the te and Condition th ehpIl r accepted o in, Wn6 rom„ e giantM herehh on .80, .;rosy.. °1:171a 0;}y tale:track IA �yeer from the de ;torch , then'thla ordininee_ft�911 be still d told. (Section 7 S TM!or 4nee all e of sot n to i(rat�p110§EI ass y a$o oI t1 O`>9Y or salt hake VIty,tgv Utahn y Of-September.X. 1p1t� JCHN F onMR7' yos7' '�Maodoari0.C two.4.14: 36 f 0 Hci • . ..• „.. 0 111, • F