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HomeMy WebLinkAbout40 of 1913 - Oregon Short Line Railroad Company spur track at 3rd West and 7th South. ROLL CALL VOTING Yes No. Salt Lake City, Utah, June. 19. /9!3 _ ^ Keyser . . I move that the ordinance be passed. Korns . . . . . . . Lawrence Morris .......... Mr.Chairman . . . . RESULT - ya AN ©RDINANCB • 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 'Blest Street between Seventh and eighth South Streets, in Salt Lake City, Utah. Be it ordained by the Board of Con iasioners of Salt Lake City, Utah. Section 1. A franchise and right of way is hereby given and granted to the Oregon Short Line 734lroad Company, and to its suo- cessern and w4si n.� to la construct and operate s3 lay, c c, to a spur ur standard gauge railroad track ue;on the street hereinafter described; the center line of naid spur railroad track being more particularly described as follows, to-wit: Coaeaonoing at a point in the center line of the west main track of the Oregon Short Line Railroad which point is three hundred fifty- three and five hundredths (353.05) feet south and five (5) feet west 'of the monument at the intersection of Seventh South and Third West Streets; thence northwesterly along a curve to the left having a radius of three hundred thirty-eight and ninety-three hundredths (338.9z) feet for a distance, of fifty-six and five-tonths (56.5) feet; thence continuing in the came general direction along a curve having a radius of one hundred eighty-one and thirty-nine hundxe iths (181.39) feet for a distance of one hundred sixte `,ah4 t ty-one hundredths (116.41) feet to a point in the east line of Lot six (6) block eleven (11), Plat "A" Salt Lake City survey, said point being one hundred twenty five and ninety-four hundredths (125.94) feet south of the Northeast corner of said block. 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 grantee shall be sub;)eot to the following conditions, vis.: (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 of Commissioners, the grantee shall, at its own expense, change the elevation of the track so as to conforM • to the sane. (b) Whenever said street where said track is constructed shall wiled, t sn said grantsa,, its 4.0assars axW assigns, ahs11 ppm • rwiio and foW x9010, et-two fast oataldse sz R 9 'te - .�._. with stone blocks or asphalt, or a combination of both, to be ay- proved by the City Engineer, and all ties shall be :aid upon a eorr erete base of such thioknese as shall be directed by the City Engineer. (o) Said grantee shall put in and maintain such crossings over said spur track ke shall from time to time be required by the Board of Coromieseoners, and engines and oars 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 unneoessary impediment to the oommon and ordinary use of said street upon whioh 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 control the speed of all trains, engines and o-ire operated by the grantee, its successors and assigns, upon the spur track aforesaid. (5) That if in putting in said spur track said grantee shall remove or in any manner interfere with the pavement, curb, gutter, watortray,or:sidewalk on said street, it shall replace such sidewalk and such curb so far as possible, and replace said pavement and oon- 'struee waterway under said spur track according to the annexed blue 'print, which is made part of this franchise. Beotion 3. Nothing in this grant shall be construed so as to prevent Salt Lake City or its authorized agents, contractors, persons or corporation to whom a franchise may have been, or may hereafter be granted, from paving, sewering, laying gas or watermains or pipes, ;altering, repairing, or in any manner improving raid street, but All such improvements shall be made with as little injury as practieabls to said spur track and the operation thereof. 64-1, (2) ((h) Said grantee, its successors or assigns, shall gravel and maintain in good condition, at the established grade, the street along and across which said spur track runs to within one and one-hall inches of the top of the rails and for a distance of 25 feet on each side of the outer rails, subject to the approval of the Supervisor of Streets & Irrigation. Bection 4. The said grantee herein, its syooeesors and assigns shall, and by thn aoceptanoe of the privileges and franchises herein f3ranted, and in consideration of the map, does bind iteclf, its sucosneors end aasei„ns, upon its tcoe;:t,ance of this i're.nchise, to Saves ceaiel cit • harmless from all suits, cluir.ts, domande and judgments whatsoever, whether in law or in equity, which shall be aaseorted, found or rondored in any manner whatsoever, : ge.inst said city for injury or damage to /abuttin}; property or otherwise, by reason of the grunting of this franchise, or by reason of the operation of said our txaok; and that the grantee, its suecue+sors and assigns will pay 'the amount oi' etny judpeeent, determination or adjudication which, in any suit or proceedings may or shall be found against Batilt Lake Oity; prov.ided,however, that said grantee, its successors or assigns, ,shall have had notice of any such suits and an opportunity to appear 'and defend the saris; :;.,i;i said 3rantee, its :successors end ei.,ssie,ns, shall appear in and defend all actions brought a.;Tint Balt Lake City for any injury or dunnage by reason of the oonetruotion, operation or maintenanae of said spur track. flootion 5. This franchise is ;,ranted for a period of twenty-five yearn from and after the passage of this ordinance. Beetle» B. Unless this franchise and all the terms and con- ditions 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 valid . tlsotlon 7. Thiu ordinance shall take effect upon its first publication. taa. Passed by the Board of Cormiissicnere of Balt Lake city, Utah, 1913. Mayor j City iecerder„ i • t' ' STAT1! Or UTA13, CITY AND COUNTY iALT LAKE, so. I, Noble >'arrwi, laity ;000rder of Salt .,ake City, Utah, do 'hereby certify that the above and foregoing is a full, true and cor- roct co y of an or 4a..nonoe untitled, "An ordinance granting to the Oregon %.,,i.;;:t a '.':o i;t<.i .I'7ac1 Conpany, and to its successors and assigns:. a franchise and right of way to construct and operate a spur railroad trn.ck on T ird Moat rstreet bet r on Seventh and. Pis hth South Streets, in 3rh.t P kF city, Utah," r,anced. by of OorantziA nero of Salt ,,.'x. '., t T, 'itals, 1913, au a; oars of record in my office. 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