HomeMy WebLinkAbout4 of 1913 - Oregon Short Line Railroad Company Spur track 3rd West between 6th and 7th So. C.B.VARIAN SALT aKK CITY CORPORATION •
cop H.J. EL DININNY
OTT, r_v LEGAL OEPARTME NT
AARON'AVERS,I,A
W.LITTLE,2,Ass,
Salt Lake City, Utah, January 15, 1913.
To the Honorable Board of Commissioners
of Salt Lake City, UtIlh.
Gentlemen:-
• I beg to report that I have examined the accompanying draft of an
• ordinance granting a franchise to the Oregon Short Line Railroad Company
to build. a spur track on Third [TTest Street. The changes have been made
in it which I recommended several weeks ago, and it is now in the usual
form for passege.
•
Very respectfully,
Assistant rty Attorney.
1 move that the ordinance be passed.
Korns
Lawrence • • • • .-
Morris
Mr.Chairman . .
Commissioner of Streets I. Public Improvements
RESULT -
lowa
0
.Salt take City, Utah,-- Jan.
VOTING Yes No. < - - !9/ a 6
ROLL CALL Salt Lake City, Utah, 191
VOTING Yes No I move that the ordinance be amended by
Keyser — adding the following l 4„L,: •.;
Korns �.
Lawrence
Moms
Mr.Chairman
Result L `_-
AMENDMENT.
"Salt Lake City reserves the right, during the life of this franchise, upon three
years notice to the grantee, its successors or assigns, to terminate this franchise by
paying the said grantee, its successors or assigns, the value, of the improvements
made in compliance with this franchise, at the time said termination becomes effect-
ive. The Price so to be paid to be arrived at by arbitration, to which arbitration the
said grantee, its successors and assigns, hereby agrees; the arbitrators to be selected
as follows: One by Salt Lake City, and one by the grantee, its successors or assigns,
and in the event that those two are unable to agree upon a valuation, then they shall
select a third arbitrator or referee, and the award made by them shall be binding
upon Salt Lake City and upon said grantee, its successors s."
I AN ORDIM:ANCEI.
An Ordinance granting to the Oregon Short Line Railroad
Company and to its successors and assigns, a franchise and right
of way to construct and operate a spur railroad track on Third
West Street between Sixth and Seventh South streets, in Salt
Lake City, Utah. i'j
I Be It Ordained by the Board of Commissioners of Salt Lake
I`
City, Utah:
i Section 1. A franchise and right of way is hereby
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given and granted to the Oregon Short Line Railroad Company, and ,
to its successors and assigns, to lay, construct and operate a
spur standard gauge railroad track upon the street hereinafter ii
described; the center line of said spur railroad track being
more particularly described as follows, to-wit:
I, Commencing at a point in the center line of the East '
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II Imain track of the Oregon Short Line Railroad, which point is +;
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1 three hundred twelve and eighteen hundredths (312.18) feet North
and nine (9) feet East of the city monument at the intersection .4
it
1 of Third West and Seventh South streets, of Salt Lake City, iM
i Salt Lake County, State of Utah; thence Yiortherly on a we ve
degree and twenty-six minute (12° 26 ) curve to the right a
distance of sixty-five and nine tenths (65.9) feet, consuming an
I ° thence on a tangy
I angle of eight degrees and ten minutes (8 10'); .
gent a distance of six and one tenth (6.1)feet; thence on a
i
d thirty degree and no minute (30° 00' ) curve to the right a
distance of one hundred twenty-one and eleven hundredths (121.1].)
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Iifeet, consuming an angle of thirty-six degrees and twenty minutes
(36° 20' ) to a point in the west line of Block 25, Plat "ATM,
1 Salt Lake City Survey, which point is four hundred twenty-seven
and six hundredths (427.06) feet north of the southwest corner
of said Block 25.
,, Said spur track being more particularly shown on the
attached print, which is hereby made a part of this ordinance.
Section 2. During the term of this franchise the
Ij grantee shall be subject to the following conditions, viz:
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(a) That said spur track shall be laid upon and conform to
the established grade of said street, and if said grade is after-
wards 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) Whenever said street where said track is constructed
shall be paved, then said grantee its successors and assigns,
shall pave between the rails and for a space of two feet outside
of each rail, with stone blocks or asphalt, or a combination of
both, to be approved by the City Engineer, and all ties shall be
laid upon a concrete base of such thickness as shall be directed
by the City Engineer.
(c) Said grantee shall put in and maintain such crossings
I1 over said spur track as shall from time to time be required by the
' Board of Commissioners, and engines and cars shall not be permitted,
to stand on said spur track in Third West street longer than five '
minutes.
(d.) 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.
(e) Good and sufficient conduits to convey water shall be
laid and maintained in good condition, at the expense of said
grantee in all the water ditches crossed by said spur track, so
as to admit of free passage of water.
(f) Salt Lake City reserves the right to regulate and con •
-
trol the speed of all trains, engines and cars operated by the •
grantee, its successors and assigns, upon the spur track aforesaid. '
That in saidspurtrack said grantee shall
if in puttings i
(g) g
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remove or in any manner interfere with the pavement, curb, gutter,
waterway or sidewalk on said street, it shall replace such sidewalk'',
and such curb so far as possible, and replace said pavement and con-
struct waterway under said spur track according to the annexed
blue print, which is made a part of this franchise.
Section 3. Nothing in this grant shall be construed so
as to prevent Salt Lake City or its authorized agents, contractor$,,
persons or corporation to whom a franchise may have been, or may
hereafter be granted, from paving, sewering, laying gas ordri/ ,
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water mains or pipes, altering, repairing or in any manner
improving said street, but all such improvements shall be made
with as little injury as practicable to said spur track and the
operation thereof.
Section 4. The said grantee herein, its successors and
assi os 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, claims, demands and
judgments whatsoever, whether in law or in equity, which ahall 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 actions
brought against Salt Lake City for any injury or damage by reason
of the construction, operation or rnaintehance 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.
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 said track be constructed within one year from the
date of such passage, then this ordinance shall be null and void.
Section 7. This ordinance shall take effect upon its
first publication. c .V t/VAS A
Passed by the Board of Commissioners of Salt Lake City, Utah.
1913.
Chairman
City Recor er
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STATE OF UTAH )
( es.
CITY AND COUNTY OF SALT LAKE
,
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I, Noble Warrum, City Recorder of Salt Lake City,
tI:.t ah d4 114 reby certVfy that the above and foregoing is a full, •
ii`e_-an4 lOrrect c ,,y to az ordinance e 1 d, t'An Ordihancte .•' '','
, ,• ' ; -4 4' ,,,, . ,
granting to the Ore on4Sh011t 14ne Railre mpalay, nd it-0.!
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spcIess•Ork,and assionsi -s, 4r,•,..00hi se and I•ig,t-,..Of waY.-, to _calla
i 0. i ni ,•.1.
1 113,-tYki-Gt. qn4'operate Ans,,6 sppi T'ap.rt'oad tra < ,pri Thmicv4 Eht
Lake
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in Salt, City, t`tia. ,6:47psss641:iby the B,oA.rdt.y.:"f Ponlii-Ipsior14- •'
1 df 'Sttl t)L'ak.; City, ttj : ,, 21...._,11434, sis
i :EAtIpet1;)f. of\) record 4 of4ice. - i
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; IN WITNESS. rETREOF, I have hereunto set my hand and
.-.....
akfixed the corporate seal of said City, this
, day of
1913.
linty Recorder. ,
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