45 of 1925 - Franchise to Spur track across 9th South between 3rd and 4th West streets to Oregon Short Line Railr ROLL CALL
Salt Lake City, Oct. 15
VOTING AYE NAY Utah, A192_5.
Barnes
Burton
'nch
sir I clove that Bill fr45 for an ordinance
een V Ernntint; a franchise to the ).S.L.B.R.for spur track
Mr.Chairman - - t across 9th 3o. between3d and 4th West Sts., be
passed.
Result
Consii s ioner of :streets _. 21,1bli c Improver; rtts
Passed by the r oners of S Lake City,Utah
7 ' is 2--
City Recorder Mayor
y,5
•
ORDINANCE
AN ORDIKANCE GRANTING TO THE OREGON SORT LINE RAIL-
ROAD CCLIPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT
TO!CONSTRUCT, OPERATE AND i•:IAINTAIN, A STANDARD GAUGE
SPUR RAILROAD TRACI: OVER AND ACROSS NINTH SOUTH
STREET, BETWEEN THIRD .AND RCURTH 'WEST STREETS, IN
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 granted
to the Oregon Short Line Railroad Company, and to its successors andl
assigns, to construct, operate and maintain a standard gauge spur
railroad track over and across Ninth South Street, between Third and
Fourth. West Streets, in Salt Lake City, Utah, the center line of sai
spur track being more particularly described as follows:
Beginning at a point in the North line of Nintlt South
Street, said point being sixty-four and nineteen hundredths (64.19) I
feet North and one hundred fifty-six and eleven hundredths (156.11)
feet west of the monument at the intersection of the monument lines
of Ninth South and Third West Streets; thence Southerly along a curv=I
to the left with a radius of three hundred ninety-five and three
tenths (395.3) feet for a distance of one hundred thirty-three and j
eighty-six hundredths (133.86) feet, to a point in the South line of
Ninth South Street, said point being sixty-seven and four tenths (67.' )
feet South and one hundred seventy-eight and sixty-seven hundredths
(178.67) feet west of the monument at the intersection of the
monument lines of' Hint); South and Third West Streets. The location
of the center line of said spur track being more particularly shown
in yellow upon the attached print, which is hereby made a pert of th Is
ordinance.
Section: 2: Daring the term of this franchise the grantee I
shall be subject to the following conditions:
(a) That said spur track shall be laid upon and conform to
' the grade of said street, and if the said grade is afterward changed
by ordinance of the Board of City Commissioners, the grantee shall,
at its own expense, change the elevation of the track so as to con-
i
form to the same.
(b) Whenever said street where said spur track is construe
ted shall be paved, resurfaced or repaired, then said grantee, its
! successors and assigns, shall pave, resurface or repair between the
! rails and for a space of two feet outside of each rail with the same
! kind of material used on the said street, or with such other materia
! as may be approved by the Board of Commissioners, and all ties shall
! be laid upon a concrete base of such thickness as shall be directed I
! by the City Engineer.
(c) The said spur track shall be laid and the road operat-
ed. so as to cause no unnecessary impediment to the common and ordi-
nary use of said street upon which it is laid. 1
r
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1,
(d) Salt Lake City reserves the right to regulate and con-
Itrol the speed of all trains, engines and cars operated by the gran-
tee, its successors and assigns, upon the said track.
(e) That if in putting in said spur track said grantee
shall remove or in any ::canner interfere with the pavement, sidewalks,
curbs or gutters on said street it shall replace such pavement with
the same or such other material es shall be ordered by the Board of
Commissioners and shall replace such sidewalks and such curbs and
,gutter to the satisfaction of the Supervisor of Streets, and shall
:so construct gutters that they will allow free passage of water, and 1
Ito the satisfaction of the Supervisor of Streets.
(f) Said grantee shall put in and maintain such crossings
lover said track as shall from time to time be required by the 3oard
of Commissioners,
(g) Good and sufficient conduits to convey water shall be
laid and maintained in good condition at the expense of said grantee
in allwater ditches crossed by said track, so as to admit of free
passage of water.
Section 3: Nothing in this grant shall be so construed as
to prevent Salt Lake City or its authorized agents, contractors, or
person or corporation to whom a franchise may have been or may here-
after be granted, from paving, sewering, laying gas or water mains, 1
pipes or conduits, altering, repairing or in any manner improving
said street.
Section 4: 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 suc-1
oessors and assigns, toon its acceptance of this franchise, to save
said city harmless from all suits, claim4.demands and judgments
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, personal injuries or other-
wise, by reason of the granting of this franchise, or by reason of
the construction or 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 be or shall be found against said Salt Lake City;
provided, however, that said grantee, its successors and assigns,
shall have had notice of any such suits, and an opportunity to ap-
pear and defend the same, and said grantee, its successors and as-
signs, shall appear in and defend all actions brought against Salt
Lake City for any injury or damage by reason of the construction,
,operation or maintenance of said spur track.
Section 5: This franchise is granted for the period of
twenty-five years from and after the passage of this ordinance,
!provided, however, that if for a period of nine consecutive months
;during the life of this franchise, said spur track is not used for
Ithe purposes for which this franchise is granted, or if there is a
'substantial abandonment of the use of said spur track for said pur-
poses, said franchise shall be voidable at the option of the Board
of Commissioners; and if so ordered by the Board of Commissioners
:said spur track shall within thirty days thereafter, be removed and
the street restored to a condition uniform with the balance of said
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street with respect to grade, materials and construction, and to the
satisfaction of the Supervisor of Streets. In the event of failure
of said railroad company to remove said track and restore said street
upon such notice, and within said thirty days, the said work may be
done by Salt Lake City at the expense of said railroad company.
Section 6, Unless this grant and all the terms and condi-
tions thereof shall be accepted in writing by the grantee herein
within thirty days after the taking effect of this ordinance, and
unless such 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 thirty-one
days after its passage.
Passed by the Board of Commissioners of Salt Lake City,
Utah, �tr .p 1925.
Mayor.
Ci y i order.
Bill No. ,
Published ,
/;
nt'r-1
11,
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j\wa4 .„•„ ,''_ . J, f '' OItMOON. SHORT LINE RAILROAD
[ J._ A 1. t 1 MAP sM01(NlQKi, .
PROPOSED SPUR TRACK ACROSS 9TH SOUTH ST.
BETWEEN 3 4TH- WEST,STREETS. `
s " • SALT LAKE CITY tJTAH
•
MCAL,x: iuu.:x'r:Iu t Bert
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