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50 of 1947 - Franchise granting to Oregon Short Light Railraod Company ( Union Pacific Railroad Company Lessee ) ROLL CALL • VOTING AYE NAY AN'J 'i a' Salt Lake City, Utah, , 194 Affleck fr I move that the ordinance be passed. Matheson . . . . (,,. Romney k �� Tedesco Mr.Chairman . . AN ORDINANCE Result An ordinance granting to the Oregon Short Line Railroad Company, (Union racific Railroad Company, Lessee), its successors and assigns, a franchise to construct, maintain, and operate a single spur track running on Third .:lest Street between Eighth South and Ninth South Streets, all in Salt Lake City, Utah. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. A franchise is hereby granted and given to the Oregon Short Line Railroad Company, (Union Pacific Railroad Company, Lessee), a corporation existing under and by virtue of the laws of the State of Utah, its successors and assigns, to construct, maintain, end operate a standard single spur track on Third West Street between Eighth South and Ninth South Streets in Salt Lake City, Utah, the center line of said spur track being as follows: Beginning at a point in the center line of the main track of the Oregon Short Line railroad Company which is 14.5 feet West and 2.1 feet worth of the Southwest corner of Block 7, Mat "A", Salt Lake City Survey; thence along the center line of proposed spur track on a curve to the right, having a radius of 942.29 feet, for a distance of 90.1 feet; thence continuing along said center line on a curve to the right, having a radius of 240.49 feet, for a distance of 135.0 feet more or less to a point in the west line of said Block 7, which is 223.0 feet North of the Southwest corner thereof. SECTION 2. During the term of this franchise, the Grantee, its successors and assigns, shall be subject to the following con- ditions, viz.: (a) That said spur shall be laid upon and conform to the established grade of said street, and if said grade is afterward changed by ordinance of the hoard of Commissioners, the Grantee -2- shall, et its own expense, change the elevation of the tract so as to conform to the same. (b) h henever said street where said track is constructed shall be paved, repaved, resurfaced or repaired, then said Grantee, its successors and assigns, shall pave, repeve, resurface or repair between the rails and for a space of two feet outside of each rail wit'c. the same kind of material used on said street, or with such other material as may be approved by the Board of Commissioners. In the event said Grantee shall fail to pave, repave, resurface, or repair and surface any area as herein required for a period of thirty (30) days after notice from the Board of Commis- sioners so to do, the City shell have the right to pave, repave, resurface or repair between the rails or said surface or area and the Grantee agrees to reimburse the City for the total cost of said work, labor, and material. (c) The said spur track shall be laid, and the road op- erated so as to cause no unnecessary impediment to the common and ordinary use of said street upon which it is laid. (d) Good. and sufficient conduits to convey water shall be laid and maintained in good condition at the expense of said Grantee in all water ditches crossed by said spur track so as to admit of free passage of water. (e) Salt Lake City reserves the right to regulate and control the speed of all trstns, engines and cars operated by the Grantee, its successors and assigns, upon the spur track aforesaid. deither the engines nor cars shall be permitted to stand on said spur track. (f) That if, in putting in said spur track, said Grantee shall remove or in any manner interfere with the uavement sidewalk, curbs, gutters or waterways on said street, it shall replace such pavement with the same or such other material as shall be ordered by the Board of Commissioners and shall replace such sidewalks, curbs, cutters and waterways to the satisfaction of the Commissioner of Streets and rublic Improvements and shall so construct the -3— gutters and waterways that they will allow the free passage of water to the satisfaction of said Commissioner. SECTION' 3. _eothing in this grant shall be construed so es to prevent ;salt Lake City or its authorized agents, contractors, persons or corporations to whom a franchise may have been, or may hereafter be granted, from paving, sewering, laying 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 es orac;ticable to said spur track and the operation thereof. Phen Salt Lake City undertakes to place any utility under said spur track, the Grantee shall at its own expense underpin and protect its spur track while said utility is being placed under the spur track:. bECT'ION 4. The said Grantee herein, its successors and assigns, shall, and by the acceptance of the privileges and fran- chises herein granted, and in consideration of the same, does bind itself, its successors and assigns, upon its acceptance of this franchise, to save the city harmless from all suits, claims, 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 or otherwise by reason of the granting of this franchise, or by reason of the operation of said spur track, and that the Grantee, its successors end assigns will pay the amount of the judgment, determination or adjudication which in any snit or proceedings gray or shall be found against halt Lake City, and the said Grantee, its successors and assigns shall appear in end defend ell actions brought against Salt La::e City, for any injury or damage by reason of the construction, operation, or maintenance of said sour track, provided, however, that said Grantee, its successors and assigns, shall have had notice of any suits and en opportunity to aepear• and defend the same. SECTION 5. This franchise is granted for the period expiring on the first day of January, A. D. 1975; provided, however, -4- that if for s period of nine consecutive months during the life of this franchise said track or any part thereof is not used for the purpose for which this franchise is granted, or if there is a substantial abandonment of the use of said track or any part there- of, this franchise shall be voidable at the option of the Board of Commissioners, and if so ordered by the Board of Commissioners, said track shall, nithin thirty days after notice, be by said Grantee removed from the str:.et, and the street restored to e condition uniform. with the balance of said street with respect to grade, materials, and construction to the satisfaction of the Commissioner of Btreets and public Improvements. In the event of failure of said Grantee to remove said track and to restore said street upon said notice and within thirty days thereafter, the work may be done by Belt Lake City at the expense of said Grantee. SECTION 6. Unless this franchise and all the terms and conditions thereof shall be accepted in writing by the Grantee herein within thirty (30) days after this ordinance becomes effec- tive, and unless said track be constructed within one (1) year from the effective date thereof, then this ordinance shall be null and void. SECTION 7. .herees in the opinion of the Commission an emergency exists, this ordinance shall take effect immediately after publication hereof. Passed by the Board of Commissioners of salt Lake City, Utah, this 71 day of . 1 7. wi \ //%2 .1. _��/.+ / / J� City h ecorder Goo. Presented to the Board of Commissioners AND PASSED • MAY 211947 CITY RECORDER First Publication in '1°,4727, �QITYEURCO PAR Affidavit of Publication STATE OF UTAH, 1 ss _. ..County of Salt Yoko_ - ,.Legal Notices AN ORDNANCE Ad ordinance pelting to the Oregpon yehorn Lme Itallr h =lenY, gi , _ auocessore -- ikos@tRedni'fraecdl)ee itoe D Pii OCkey construct,maintain,and operate a single spur track running on Third West Street be°wets,Eighth South d Ninth Beingfirst dulysworn,deposes and says that he is the ad- 'Utah. • mief n°ere`of Salt L k°Bty,`dU oaf htom- vertising clerk of THE DESERET NEWS,a newspaper SECT/ON Ais granted and giv n to° ereb thei Oregon se uShort Line Railroad Company, (Union Pacific published in Salt Lake City,Salt Lake County,in the State Railroad Company, Leeeee), a eo[pora- lawsexisting f theggrate°Le..Utah,by its su of the and a igns,to cadatruct,spur tin,and of Utah. operate a standard single spur track on ,Third West Street between Eighth South and Ninth South Streets in Salt Lake' 'City, the cfolers line of said spur being low • That the advertisement Beginning point at in lino of thetrack of the Oregon Short Line Railroad andofd Company which Ordinance Bill No 50 14.5 feet West 2.1 feet North th e SaSuatlbweltake corner Ciy sfSurr Block ythence along the center line of proposed upur Salt Lake City Corporation track on a curve to the right, having a radius of 942.29 feet, for a distance of 90,1 feet; thence continuing along said center line on a curve to the right, having a radius of 240.49 feet, for a distance of 125.0 feet more or leas to point in the west line of said Black 7, which is 220.0 feet North of the South- westr thereof• was published in said newspaper, in its issue dated, the SECTION 2..During the term of this granehlea the Grntee its successorsfo and reigns,shall be.eubjeot to the follow- -.:de )Thataaa follow- .)-conform said spur eeaB be lard grade day of D. 19 and d street, to the establishedaa of rdichsanged and ordinance the Board May26 1947 after- ward own expense,Mange Grantee Mall, at and was published 'it own xpens hnge the elevation of the tract to conform to the same. trek is Whenever ddMalll°be where d,°aid the last publication thereof being in the issue dated the paved,resurfaced or reaired,then id Grantee,its eumeeeore and assigns Mall pave, pave, resurface or repair be- tween day of /; A.D.19 feo the[Wile and for a pace of two lest outside of each ail with she or kind of material used op said street,or +_ with mob. then material may be ap- '/j //'/ ,/. // proved by.other Board f Commtaslutlers. L (.K.y �l� In the event aid of Mall fail �'- w pace,repave,reea surface,or required for Advertising Cler surface any tperiods of thirty (20) days'after no- ice from the Board of Commissioners ,ea to do,the City shall have the right to pave,t eon the repave resurface or saidsurfacer°o`arm and the Grantee agrees to reimburse the Cityfor'the total oust of said work, labr, d material.s ,to before me this 27 th clay o f _afro)t saki spur track shall be laid, -and the essar operated so to cause ¢a unnecessary y impediment to the upon r°ch it is laidry use o1 sold street upon ly A.D.19 47 w(d) Good end ufficient dune to tamed ins good conditl condition at and main- tained can expense • said Grantee to all water ditches , .emceed by-said spur track so as to admit / o f fret Passage of water. _ re Salt and onto l the the right — to regulate and control the speed of all trains, engines and cars operated by - - - the Grantee,Its sac art e assigns, Notary blip son the spur track aforesaid. ite the engines nor care shall be permitted to stand on said spur track. () That if, in putting in said spur track,said-Grantee-°hall remove or In any manner interfere with the pavement sidewalk,curbs,gutters or waterways on said street, it shall replace such Pave- ment with the same or such other ma- terial c Commissionere and ordered by replace sunk sidewalks curbs,guttere and waterways off the Steete tt and tion of Public Imp}e Commissioner and ,.hall so construct the gutters and water- way.that they ill allow the free pas- ,sage of water to the entlefactlon of mid -commissioner. SECTION 3.Nothing in thfc-esaat shah be construed so ae to prevent Salt Lake City or its authorized agents,contractors, persona or corporations to whom a fran- chise may have been',or may hereafter be granted,from paving,a.veering,lay- ing gas or water mains or pipes, alter- ing,repairing,or in any manner tmprov- -tag said street, but all such improve- ments shall be made with as little in- jury as practicable to said spur track and the operation thereof. When Salt Lake City undertakes to place any utility under said spur track,the Grantee shall at Its own expense Underpin n d pro- tect its spur track while said utility la being Placed under the spur track. itsSE successorsCTIONand a a e m said Grantee hare , assigns,shall,and by ...he acceptance n f the privileges and frakb)tieem-bSra1¢..gtgpted, and 1¢ - lderation of the same.does Mad itself,. Ste successors and assigns,upon its ac- ceptance of this franchise,to'save the city harmless from all suits,claims,de- mands and judgments whatsoever,wheth- er in law or in equity, which shall be asserted,found or rendered 1n any man- ner whatsoever,Agatha said City for in- jury or damage to abutting property or otherwise by reason of the granting of this franchise,or by reasonof the op- eration of said spur track,and that the Grantee, its successors and assigns will pay the amount of the judgment, de- • termination m adjudication which in any suit or proceedings may or shall be found against Bait Lake City, and the said Grantee,Its successorsand assigns shall appear in an efd all actions brought against Salt Lake City,for any construction,d aoperae tion, bre amaintenance of saki spur track, provided, however, that said Grantee,its successors and a sign.,shall have bad 06000 of any suits and an opportunity to appear and de- fend the same. SECTION 5.This franchise is granted for the period expiring on the first 'day of January. A.O. 1975; provided. however,that if fora period of nine con- sentioee mosnths during any the life of this art there- of tr nIs not a used for the pDurpoae Think this franchise 1s granted, or 1f there is substantial abandonment of the use of said track or any part there. of, this franchise shall be voidable at the option of the Board of Commission- ere,and if eo ordered by the Board of Commissioners, said track shall, within thirty days after notice, be by said Grantee removed from the street.and the street restored to a condition uniform with the balance of said street with re• .poet to grade,materials,and construc- tion to the satisfaction of the Com- missioner of Streets and Public im- provements.-In the event of failure of •said Grantee to temmme said track and to restore said street upon said notice and within thirty days thereafter, the work may be done by Salt Lake City at the expense of said Grantee. SECTION t.Unless this franchise and all the terms and conditions thereof shall be accepted in writing by the Grantee herein within thirty(30)days after this ordinance becomes effective, and unless said track be constructed within one(1) year effective ih n this ordinance ehell be null and void. SECTION . Whereas in the opinion Commission of the this ordinance,.hail take effect imme• diately after-publication hereof. Passed by the Board Of Commissioners of Salt Lake City,Utah,this 21st day of May,A.D. 1997. EARL J. GLADE„ Mayo, IRMA F.BITNER, (SEAL) City Recorder. HILL NO. 60 Published May 26, 1947.