42 of 1910 - Ordinance 42 of 1910 – Franchise, Oregon Short Line R. R. Co., two spur tracks on 4th North street AN ORDINANCE.
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 two railroad spur tracks on 4th North
Street, between 3rd and 4th West Streets, in Salt Lake City, Utah:
BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH.
Section 1. A franchise and right of way is hereby given
and granted to the Oregon Short Line Railroad Company, and to its
successors and assigns, to lay, construct and operate two standard
gauge railroad spur tracks upon the street and across the street
hereinafter described, to wit:
Commencing at a point in the North property line of 4th
North Street, which point is 117.83 feet east of the S. W. Corner
of Block No. 134, Plat "A", Salt Lake City Survey, thence deflecting
an angle of 54 deg. 18' 13" right a distance of 116.44 feet; thence
on a 20 deg. 0' curve to the left a distance of 49.13 feet consuming
an angle of 9 deg. 49.32" to a point in the south property line of
4th North Street. Also commencing at a point in the north property
line of 4th North Street, which point is 102.82 feet east of the S. VL
corner of aforesaid Block 134, thence on an 8 deg. 26' curve to left
a distance of 43.2 feet consuming an angle of 3 deg. 38' 35" to a
point of tangent which point is 13' perpendicular distance from above
described center line of spur thence parallel to said spur and on
tangent to said 8 deg. 26' curve 73.79 feet; thence on a 20 deg.
curve to right 42.24 feet consuming an angle of 8 deg. 26' 54" to a
point in the south property line of Fourth North Street; according to
a plat or map in the form of a blue print, on which this grant is
shown in yellow lines, filed herewith and made a part of this fran-
chise.
(2)
Section 2. During the term of this franchise the grantee
shall be subject to the following conditions, viz:
The said spur tracks shall be lad upon and conform to
the established grade of said street, and if said grade is afterwards
changed by ordinance of the City Council, the grantee shall, at its
expense, change the elevation of to tracks so us to conform to the
same, an,i shall keep the road ballasted with gravel to within one
and one-half inches of the top of the rails.
'Whenever said street where such tracks are constructed shall
be paved, the said grantee, its successors and assigns, shall pave
between the rails and for a space of two feet outside of each rail,
with the same material as that used in the street pavement.
Said grantee shall ins.all and maintain such crossings over
said spur tracks as shall from time to time be required by the City
Council.
The said sper tracks shall be laid, and the road operated
so as to cause no inineoessary impediment to the common and ordinary
use of said. street upon which they are laid.
The said grantee, its lessees, successors and assigns, shall
lay and maintain sufficient boxes or pipes to convey all the water
required to flow along the read street at the point where it is
crossed by said raileay tracks, same to be of such dimensions as
will permit the free passage of all water ordinarily flowing in or
along such street; and shall tiering the life of this franchisemain-
tain and keep said boxes or pipes in repair over, through or under
all portions of said street as may be crossed by this trackage.
Section 3. Nothing in this grant shall he construed as to
prevent Salt Lake City or its authorized agents or contractors or
person or corporation to whom a franchise may have been or nay here-
after be granted from paving, sewering, laying gas or water mains or /..)
(5)
pipes, altering, reueiring, or in a.ny manner improving said. street, .
I; ilsnch. work or imerovonnts shall be made with as little injury
tzt practicable to said spur traeks and the operation thereof.
7ection 4. The said grantee herein, its successors and
assigns, shall, aral by tl.e acceptance of the privileges arn fran-
chises heroin granted, and in consideration of the same, does bind
Itself, its successors and assigns, unon its acceptance of this fran-
chise, to a.tve said city harmless from all suits, claims, demands
and judgments, whatsoever, whether in law or in equity, which shall
bo w-inerted, found or rendered in any manner whatsoever, against
said cty for injury 07 damage to abutting property or otherwise, by
reason of the graning of thin frnLnclAse or by reason of the opera-
tion of sai spur ,racks; and that the grantee herein, its encoes-
sore and assigns, will pay the amount of any judgment, determination
or adjudication in any suit or proceeding, may be or shall
be found against Salt Tare City; provided, however, that said gran-
tee, its successors and assigns, shall have had notice of any such
snits, and an opportunity to appear and defend the sane; and said
in
grantee, ite' successors and assigns, shall appear,and defend all
actions brought aainst flalt Lake rlty for any injury or damage by
reason of thn construction, operation or maintenance of said spur
trasks.
Section 5. The franchise In granted for a period of f4fty
(ZO ) years from arn, after the aperoval of this ordinance.
Section C. Unless this grant and all the terms and condi-
tions thereof lie accepted. in writing by the grantee herein
within thirty (an) days from the anroval of this ordinance, and
unless said tracks are constructed within one year from the date
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stich a2-1641, this this ordinance shall 1)e null and void, and
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the event ti;e grantee cflall fail to comply with all of the terms
an&eonditions of this ordinance,4 this franchise may be revoked by
tho City Councl.
Section 7. This ordinance shall take effect upon'-approval,
i 44 and referred to thr7ayor for his appraial.
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• City Relprger411/1—•.
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Approved this
Mayor.
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