45 of 1910 - Ordinance 45 of 1910 – Franchise, Oregon Short Line R. R. Co., 2 spur tracks across 2nd North Stre AN ORDINANCE
Granting to the Oregon Short Line Railroad Company
a corporation, and to its successors and assigns, on the
petition of the Utah Ice & Storage Company, a franchise and
right of way to construct and operate Tac spur railroad track
across 2d North Street, in Salt Lake City, Utah.
Be it ordained by the City Council of Salt Lake
City, Utah.
SECTION I.
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 spur standard gauge tailroad tracks upon the street here-
inafter described, to-wit:
Commencing at a point in the North property line of
Block 101, Plat "A", Salt Lake City Survey, which point is 338
feet West of the N. E. corner of said Block 101; thence deflect.
ing an angle of 84 deg. 43' left from said North property line
a distance of 115'; thence on a 26 deg. O'_ curve to right a
distance of 17.5 feet consuming an angle of 4 deg. 35' to a
point in the South property line of Block No. 116, Plat "A",
Salt Lake City Survey, as shaven in yellow upon a blue print
attached hereto and made a part hereof.
Also commencing at a point in the North property
line of Block 101, Plat "A", Salt LAKE City Survey, which point
is 345 feet Wiest of the N.E. corner of said Block 101; thence
deflecting an angle of 85 deg. 45' right from the said North
property line of Block 101 a distance of 11.3 feet; thence on
a 17 deg. curve to right a distance of 56.1 feet; thence on
a tangent a distance of 30.4 feet; thence on a 10 deg. curve to
lift a distance of 36.8 feet to a point in the South property
line of Block 116, as shown in yellow upon a blue print attach-
ed hereto and made a part hereof.
SECTION II
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 con-
form to the established grade of said street, and. if said
grade is after wards changed by ordinance of the city council,
the grantee shall, at its own expense, change the elevation of
the track so as to conform to the same.
(b) Whenever said street v=here such tract; is con-
structed shall be paved, then said grantee, its successors
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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. 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 over said spur track as shall from time to time
be required by the city council.
(d) The said spur track shall be laid, and the road
operated so as to cause no unnecessary impediment to the
comon and,ordinary use of sid street upon which it is lai4,, n d .that
cars shall not be permitted to stand •on 2nd North Streetlonger than 5 minutes
(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) Said grantee, its successors or assigns, shall gravel
and maintain in good condition, at the established grade, the
streets along which the track runs to within one and one-half
inches of the top of the rails, and for a distance of twenty-five
feet on each side of the outer rail, subject to the approval of
the Supervisor of Streets.
(g) Salt Lake City reserves the right to regulate and
ontrol the speed of all trains, engines and cars operated by
the grantee, its successors or assigns, within the city.
SECTION 111.
Nothing in this grant shall be cons rued so as to
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prevent Salt Lake City or its authorized agents,tV r person or
corporation to whom a franchise may have been or may hereafter
be granted, from paving, sewering, laying gas or water mains,
pipes or conduits.
SECTION 1V.
The said grantee herein, its successors and assigns,
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,
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o.emanus, b.au juaga,- s whatsoever, whether in law or in equity,
which shall 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
herein, 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 and assigns, shall have
had notice of any such suits and an opportunity to appear and
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defend the sane; 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 r;.aintainance of said spur track.
SECTION V.
twent y-five
This franchise is granted for a period of 2iltatigayears
from and after the approval of this ordinance.
SECTION Vl.
Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the grantee herein with-
in thirty days from the approval of this ordinance, and unless
said tracks be constructed within ane year from the date of such
approval, then this ordinance shall be null and void.
SECTION V11.
This ordinance shall take effect upon approval.
Passed by the city council of Salt Lake City, Utah,
D;py ?.nd , 1910, and referred
to the mayor for 's approval.
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By
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Approved this day of _ 1910.
May
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Presented to the City Council and referred 1
to the Committee on V ..,,ate l},,,a,,,.
APR 2:1910 i
MIT RECOMMIT.
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