41 of 1912 - Franchise, Oregon Short Line Railroad Company. LOLL CALL
cxt c aH c�_ Sala Lake City, Utah,._._ .P'vc _`''..I9
VOTING Yes No j move that
Keyser
Korns !//
Lawrence f
Morris ....,.. ,.. V
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7
Mr.Chairman
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RESULT _ _ I�-
I move that Section 6 of this ordinance granting the franchise
be amended to read as follows:
This franchise is granted for the period of twenty-five years
from and after the date that the same becomes effective; and that
Salt Lake City reserves the right, upon three years notice to the
grantee, its successors and assigns, to terminate this franchise,
by paying the said grantee, its successors and assigns, the value
of the improvements made in compliance with this franchise, at the
time said termination becomes effective. 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
and assigns.
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41
191.`
VI
VOTING Yni No I move that tl,e ordinance lien assea.
Keyser
Korns ---- — 3 �.i°r rove:°(eras
d C, ner of atreet, ,1.-7.c
rig
Lawrence --
Morris . , .
Mr.Chairman . . .. __
RESULT - - IY . ,..�
2//
AN ORDINANCE
AST ORDINANCE+ granting to the Oregon Short Line
Railroad Company, its successors and assigns, a franchise
and right-of-way to construct and operate a spur railroad
track upon and. across the east side of Third West Street betwe,r
First South Street and South Temple Street, Salt Lake City, Utah.
BE IT ORDAINED by the Board of Commissioners of
Salt Lake City, Utah:
Section 1: A franchise and right-of-way is hereby
aivren and granted to the Oregoh Short Line Railroad Company,
its successors and assigns, to lay, construct and operate
a switch or spur standard gauge railroad track across the
east side of Third West Street, --¢' between First South and
South Temple Streets in Salt Lake City, Utah, and conforming
to the following description, to-wit:
Commencing at a point in the center line of the
east main track of the Oregon Short Line Railroad, as located
on Third West Street, Salt Lake City, which point is 55.43
feet north and 23.8 feet east of the street monument at the
intersection og Third West and First South Streets; thence
northeasterly on a 16 deg.57752" curve to the right, a distance
of 56.16 feet, consuming an angle of 9 deg.30'39"; thende on a
32 deg.0' curve to the right, a distance of 94.48 feet, consum-
ing an angle of 30 deg.14'S" to a point in the east property
line of Third West Street, which point is 197.54 feet north
and 67.94 feet east of the monument referred to; said spur
track being delineated in yellow on the blue print map annexed
to this franchise and made a. part thereof,
Section 2: During the term of this franchise the
grants, its successors and asigns, shal_ be subject to the
following condiiirns.,
_2..
(a) That in cdnstructing said spur track it will
be necessary to remove a portion of the asphalt -pavement
on the east side of said Third West Street and also a portion
of the curb, gutter and sidewalk thereon; and. as one of the
conditions of granting this franchise said grantee, its
successors or assigns, shall lay such spur track to conform
to the present grade of said street, curb and sidewalk and after
laying said track shall restore said street curb, gutter,
waterways and sidewalk to such condition as shall be direc$ced
by and the acceptance of the City Engineer of Salt
Lake City, and shall during the life of this franchise
maintain in proper condition that part of said street, curb
and sidewalk on which. said track shall be laid and two feet
outside of each rail of. said track, and that if the grade of
said street, curb or sidewalk shall be changed by order of the
city authorities the grantee, its successors or assigns, shall
at its own expense change the elevation of its tracksrto
conform to the same and shall maintain the same as aforesaid,.
(b) The said switch. or spur track shall be laid
and the road operated so as to cause no unnecessary impediment
to the °ormnen ordinary use of said street upon which it is
laid. Engines or cars shall not ba permitted to stand on
said Third West Street or any part thereof longer than five
minutes.
(c) Salt Lake City reserves the right to regulate
and control the speed of all trains, engines and cars operated
by the grantee, its successors or assigns, upon the spur
track aforesaid, so
SECTION 3. "Toahing is this grant shall be,Teonstrued
as to prevent Salt Take City nr its authorized agents,
contractors, person or corporation to whom a franchise may
have been or may hereafter
be --granted from paving, severing
-S-
laying gas or water mains, pipes or conduits, altering,
repairing or in any manner improving said street.
SECTION 4: That as one of the conditions of
granting this franchise said grantee, its successors or
assigns, shall pay into the treasury of Salt Take City, Utah,
Fifty ($50.00) Dollars each and every year for the first twenty-
five (25) years of the life of this franchise and One hundred
($100.00) Dollars each and every year for the last twenty-
five years. Said money to be paid on or before the *" .y„w ,
day of ____ in each of said years; that if said
paymen are not made as aforesaid the grant herein shall ,
have the right to cancel and declare this franchise terminated
without notice to said grantee, its successors or assigns.
SECTION 5: The said grantee herein, its successors
or assigns, shall, 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 :.are said. City bamboo
f_om all suits, claims, demands and judgment whatsoever,
whether in law or in equity, which shall be asserted, found
or rendered in any manner wh tsoever against the city for
injuries or damages,to abutting property, or otherwise, by
reason of the granting of this franchise, or oy reason. of the
operation of said spur track; and that the grantee herein, its
successors and assigns, will pay the amount of any judgment,
phew determination or adjudication, which in any suit or
proceeding may be or shall be found against Salt Lake City;
provided, however, that said grantee, its successors and
assigns, shall have had notice of any sat h suits and an
opportunity to appear and defend the same; and said grantee,
its successors and assigns, shall appear in and defend all.
,ons brought against Nalt Lake City for nr,, ibjfir.; az
iarila.,-f:e by reason of the construction, operati-o al,efiand
of said spur track.
SECT10i:f Thia fran'' j an. f):c
of fifty (50) y.tarfi iror0 neprow:,j
ordinance, subject - te ecbditic,as infreibbeff
r ON 7: _air) ,j;rant anJ ail tn.
ItYla t,•,-.1 :of be i.fJepied in
grantee herein within thirty (30) an fr i.eL.Jbfia,c
of this ordinance, anLt unless said traek
within one year frooi the date of such passaLf,c, tL,i,
ordinanceshall be null and void.
SECT101-1 8: Tie oi.dinanoe shall tik, ,fCeet
upon its first publican, h. )/AA,
Passed b the i.oLliA of Corniffi,i—ic.oil.f ,f iake
City this 1;f3t day of_j.-L.Vri1 , 1912.
AV
City d,,,orie-
Mayor
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