46 of 1909 - Ordinance 46 of 1909 – Franchise, O.S.L.R.R. Co., spur track & 2 single tracks across Gale Street AN ORIN .Y.0
An cruinance granting to the Oregon Short Line Railrod Companl,,
its successors and assifms, upon the petition of P. J. ZZoran, a franchiV and
right of way to construct, maintain and operate a einle spur railroad uraek
upon and across the east aide of Third weet Street;
and two single tracks Across Gale Street, between Eighth South and 'Ninth
South Steets, in Salt Lake City, Utah.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. A frachise and ri.;ht of way is hereby given and I
granted to the Oregon Short Line Railroad Company, its successors and as4igns,
upon the petition of P, J. Moran, to lay, const:uct, aintain and operate
a single spur standard gauge railroad track upon and across Third rest :-treet-
and Gale Street, betwe,n Eighth South and Ninth South Streets, and . single
standard gauge railroad track across Gae Street in Salt Lake City, said
spur track to commence at a point on the existing, right of way of said
Oregon Short Line Railroad on Third West Street between Eighth South and
Ninth South Streets, shown in yellow u:on a. blue print filed the -
peti'Gion of s it Moran, and made a part of said petition r.nd of this franchise,
and runningrtlfence northeast in a 26 degree curve across the east side of
Third Nest Strieet to a point eigTt feet South of the North line of lot 4,
Block 7, Plat "A", Salt Lake City Survey; thence east across Gale
Street to the west line of l'ot 7 of said block an.6. Plat; also becinrinj
at a pointleight feet south of the north line of s .id Lot 4, Dleock and
Plat aforesaid, thence southeasterly in a curve to Le east line of a,7;0.
thence east across said Gale Street ac also shown in yellow on said_ blue rinrt.
SECTION 2. During the t -an of this fr,,nchfse th grantee
shall be subject to the following conditionS:
The said spur track shall be laid upon and conform to the
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established grade of said street , and if said grade is afterwards 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.
'llanever said streets enters such track is constructed shall ba paved,
theosaid grantee, its successors and assigns, shall pave between the rails
and for a space of two feet outside of each rail, the sues ,saterial
as that usec', in the street pavement,
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2.
Said grantee shall put in and .eaintain such crossings over said
spur track as shall from time to time be required by the City Council.
The said spur track shall be laid, and the road operated so as to
cause no unnecessary impediment to the cosuson and ordinary use of !aid
street upon which it is laid.
Good and sufficient boxes to convey water shall be laid and main-
tained in good condition at the expense of said _;rantee, in all the water
ditches crossed by >_id spur track, so a s to admit of free passage at water.
Section 3. Nothing in this grant shall be construed as to prevent
Salt Lake City or its authorized agents or contractors from paving, sewering,
laying gas or water mains or pipes, altering, r. pairing, or iii any manner
improving s..i.1 em._.eet, but all such improvements shall be :wade 'cith
as little injury as l_ -actica•&le to said spur track and tPe operation thereof.
Section 4. 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 ',.nd
assigns, ;.i:n its acceptance of this franchise, to save said city har_;.1ees
from all suits, claims demands end judgements, whatsoever, whether in layv
or in e,auity, which shall be asserted, found or rendered in any manner
whatsoever, against said city for injury or cram •fie to shutting ,oroperty or
otherwise, by reason of the granting of this franchise or by reason of
the ope a'6ion of said Saar track; and that the grantee herein,it:, sic, ,ors
and assigns, will pay th-e amount of any judgement, dater, bastion or :d:hisu-
i.cation which, 1y soft or proceedings, r:,:: or 1'i. he found agniT.st
pro--ivied, however, that said grantee, its socessusure and
assi n0, •e:i ,v_ __.e r,oti.r . an; such suits, an_: a• op_:o t....1 to appear:A
and defend the ii i s; an6 said grantee, its ;s c;.ss:sors .. .P signs, shall
appear in ,nd defend .11 actions i,rou,iht against '.lt L ke City
for any injury or damage by reason of the const action, operation or cain.
tenance of :i i spur trick.
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• 3.
Section a. The franchise is hr:,ntd for a period of fifty (50)
years from and after the approval of this ordinance.
Section 6. Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the grantee herein within thirty
(30) days froa ,he al-proval of this ordinance, and unles said track be -
constructed within one year from the date of such approval, then this
ordinance shall be null and
Section 7. This ordinance shall t�.ke effect u.on approval.
Passed by the City Co.incil of Salt Lake City, Utei , April 12, 1909,
and referred to the Mayor for his approval.
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City Recur
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Approved this / d of April, 1909,
RE or.
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