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HomeMy WebLinkAbout5 of 1907 - Ordinance 5 of 1907 – Franchise, O.S.L.R.R. Co., spur track on 3rd West St. between 5th & 6th Sout 4 A N O R D I 1 A N C`E . An ordinance granting to the Oregon Short Line Railroad Company, and to its successors and assigns, on the petition of Rowe, Morris and Summerhays Company, a. franchise and right of way to construct and operate a spur railroad track on Third West Street between Fifth , South and Sixth South 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 suc- h hoessors and assigns, to lay, construct and operate a spur ,standard gauge railroad track upon the street hereinafter described, to-wit: Commencing at a point in the center line of the west,main track of the Oregon Short Line Railroad, in Salt Lake City, Utah, which point is 80.5 feet south and five feet west of the street monument hat the intersection of Fifth South and Third West Streets, thence in a southwesterly direction on a 12 deg. 26,min. 34'sec." curve to the right a distance of 65.9 feet, thence continuing: in a southwesterly , direction on a 22 deg. 0 min. curve a distance of 136 feet to point in the west property line of Third West Street, according to a plat or map filed with and made a part of the petition for this ordinance. SECTION 2. During the term of this franchise the grantee shall I'be subject to the following conditions, viz.: (a) That said spur track shall be laid upon and conform to the established grade of said street, and if said grade is afterward • changed by ordinance of the City Council, the grantee, shell, at its own expense, change the elevation of the tracks so as to uon"corm to the same. (b) Whenever said street where such track is constructed shall be paved, then 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 p:venent. 0 5 II - _ -2- (o) Said grantee shall put in and maintain such crossings over said spur track as shall from time to time bi required by the City Council. (d) The said spur track shall be laid, and the road operated, !Iso as to cause no unnecessary impediment to the common and ordinary ;use of said street upon which it is laid. (e) Good and sufficient boxes to convey water shall be laid and maintained in good condition at the expense of said grantee in all ,the water ditches crossed by the said spur track; so as to admit of free passage of water. SECTION 3. Nothing in this grant shall be so construed as to ilprevent Salt Lake City or its authorized agents from paving, sewering 4aying gas or water mains or pipes, altering, repairing or in any manner improving said street, but all such improvements shall be made !with as little injury as practicable to said spur track and the loperation 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 sue- oessors and assigns, upon its acceptance of this franchise, to save said City harmless from all suits, claims, demands and judgments 1whatsoever, 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 be or shall be found against Salt Lake City; provided, however, that seid grantee, its successors and assigns, shall hove had notice of any such suits, and an oppnrr- tunity to appear and defend the same; and slid grantee, its sucair, 1 -3- sore and assigns, shall appear in and defend all actions brought against Salt Lake City for any injury or damage by/reason of the construction or maintenance of said spur track. SECTION 5. This franchise is granted for the period of fifty years from and7,;,after the Approval of this ordinanoe. SECTION 6, Unless this grant and all the terms and conditions thereof shall be acceptedA.n writing by the grantee herein within thirty days from the approverot this ordinance, and inlettii said track be constructed witbi one y0ii,from the dat* of suchripproval - , . - then this ordinance shaId. be 'null an void. SECTIDE 7. This orddliance 644 take effeot-C:npoh api6raVal. Passed by the City Clouneil of salt Lake (hi.ty, Utah, February 4, 1907, and referred to the Mayor for his approval. "1„zr 7.7t6T-rEer. Approved this ur day of Febrnary,1907. Y,ayor. • Z.: • _ 2-z c C. - •— , ,. to tflo CIty CApc' II, ' FEB 41901 52 17T• ?fre. 4c/f / ifilORDES, , - •- • ' First Publication P-1.4,011•0•2413 FFR 9 , J.13.-MOR8TON, ' .• _ City Recorifet