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HomeMy WebLinkAbout52 of 1919 - Franchaise to Oregon short Line Railroad Company two spur tracks in 4th West, 9th and 10th North str ,,,LL CALL .. VOTING AYE!NAY Salt Lake City,Utah, ,191 Crabbe.. _. . __. . Green _..._.._.. I move that the ordinance be passed. Neslen........ Scheid Mr. Chairman Result AN ORDINANCE. An Ordinance granting to the Gregor. Short LineRailroad Company, its successors and assigns, the right to construct, operat- and maintain, a standard gauge spur railroad track in Fourth West Street and over and across Ninth North Street, a standard gauge spur railroad track in Ninth North Street, and two standard gauge ( spur railroad tracks over and across the East and West Alley in Block Nine (9) of Lakeview Subdivision and over and across FIamil-tem er-Tenth North Street, all 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 grantee to the Oregon Short Line Railroad Company, and to its successors and assigns, to construct, operate and maintain a standard gauge spur railroad track in Fourth West Street and over and across Ninth North Street, a standard gauge spur railroad track in said Ninth North Street, and two standard gauge spur railroad tracks over and across the East and West alley in Block Nine (9) of Lakeview Sub- division and over and across Tenth North Street, all. in Salt Lake City, Utah, the center line of said spur tracks being more particularly described as follows:- Beginning at a point in the center line of the present operated spur track of the Oregon Short Line Railroad as now locate• in said Fourth West Street, said point being one hundred forty one and seven tenths (141.7) feet South and thirty five and nine tenths (35.9) feet East of the Monument at the intersection of the monumen lines of Ninth North and Fourth West Streets; thence northeasterly along a seven degree, thirty one minute (7°31') curve to the right for a distance of two hundred eight and forty two hundredths (208.42) feet, to a point in the North line of said Ninth North Street, said point being sixty four (64) feet, North and sixty four and two tenths (64.2) feet East of the Monument at the intersection of the Monument lines of said Ninth North and Fourth West Streets. Also beginning at a point in the last above described center line in said Ninth North Street, said point being thirty eight and fifty one hundredths (38.51) feet, North and fifty seven and fifty three hundredths (57.53) feet, East of the Monument at the intersection of the Monument lines of Ninth North and Fourth West Streets; thence North 13°41' East, for a distance of twenty six )r -1- and twenty three hundredths (26.23) feet, to a point in the North line of said Ninth North Street, said point being sixty four (64) feet, North and sixty three and seventy two hundredths (63.72) feet, East of the Monument at the intersection of the Monument lines of said Ninth North and Fourth West Streets. Also beginning at a point in the South line of the East and West Alley of Block Nine (9) of Lakeview Subdivision, said poin' being fifty nine and six tenths (59.6) feet East of the East line of Fourth West Street; thence Northerly along a ten degree (10°) curve to the left, for a distance sixteen and two tenths (16.2) feet to a point in the North line of said Alley, said point being sixty one and eight tenths (61.8) feet East of the East line of said Fourth West Street. Also beginning at a point in the South line of said Alley said point being seventy four and two tenths (74.2) feet East of the East line of Fourth West Street; thence Northerly along a ten degree (10°) curve to the left, for a distant of sixteen and three tenths (16.3) feet, to a point in the North line of said Alley,said point being seventy eight and one tenth (78.1) feet East of the said East line of Fourth West Street. Also beginning at a point in the South line of Hamilton or Tenth North Street, said point being sixty six and nine tenths (66.9) feet East of the East line of said Fourth West Street; then North for a distance of fifty (80) feet to a point in the North lin. of said Hamilton or Tenth North Street, said point being sixty six and nine tenths (66.9) feet East of the East line of said Fourth West Street. Also beginning at a point in the South line of said Hamilton or Tenth North Street, said point being ninety and nine tenths (90.9) feet East of the East line of said Fourth West Street; thence North for a distance of fifty (50) feet to a point in the North line of said Hamilton or Tenth North Street, said point being ninety and nine tenths (90.9) feet East of the East line of said Fourth West Street. The location of the center lines of said spur tracks bein;. more particularly shown in yellow upon the attached print, which is hereby made a part of this ordinance. Section 2: During the term of this franchise the Grantee shall be subject to the following conditions: (a) That said spur tracks shall be laid upon and conform to the grade of said streets, and if the said grade is afterward changed by ordinance of the Board of City Commissioners, the grante . shall, at its own expense, change the elevation of the tracks so as to conform to the same. (b) Whenever said streets where said spur tracks are construe ted shall be paved, re-surfaced or repaired, then said grantee, its successors and assigns, shall nave, re-surface or repair be- -2- I tween the rails and for a space of two feet outside of each rail with the same kind of material used on the said streets, or with such other material as may be approved by the Board of Commissioner- , and all ties shall be laid upon a concrete base of such thickness as shall be directed by the City Engineer. (c) The said spur tracks shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said streets upon which they are laid. (d) Salt Lake City reserves the right to regulate and control the speed of all trains, engines and cars operated by the grantee, its successors and assigns, upon the said tracks. Neither engines nor cars shall be permitted to stand on said spur tracks on said Ninth 1.dtrrttl.Street,$ 02. �rr��p ti e'/Q ti /`"u--1-+-f--, - (e) That if in putting in said spur tracks said grantee shall remove or in any manner interfere with the pavement, sidewalks, curbs or gutters on said streets 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 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 to the satisfaction of the Supervisor of Streets. (f) Said grantee shall put in and maintain such crossings over said tracks as shall from time to time be required by the Board 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 all water ditches crossed by said tracks, so as to admit of free passage of water. (h) Said grantee, its successors and assigns, shall gravel and maintain in good condition at the established grade -3- 111 1 -1lae Aa t Street� crosa,ch said tracks run to within eree mill one half inche4 of the top of the rails and between said rails and for a distance of twenty-five feet on each side of the outer rail, and for the entire length of tracks as provided in the franchise sub- ject to the approval of the Supervisor of Streets. 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 hereafter be granted, from paving, severing, laying gas or water mains, pipes or conduits, altering, repairing or in any manner im- proving said streets. Section 4: Said grantee herein, its successors and assig s shall, and by the acceptance of the privileges and franchises here- in 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, demands and judg- ments 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 otherwise, by reason of the granting of this franchise, or by reason of the construction or operation of said spur tracks, 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 galt Lake City; provided, however, that said grantee, its successors and assigns, shall have had notice of any such suits, and an opportunit to appear and defend the same, aryl 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 constructs n, operation or maintenance of said spur tracks. Section 5: This franchise is granted for the period of twenty-five years from and after the passage of this ordinance -4- 1 I provided, however, that if for a period of nine consecutive months during the life of this franchise, said spur tracks are not used for the purposes for which this franchise is granted, or if there 1 is a substantial abandonment of the use of said spur tracks for said purposes, said franchise shall be voidable at the option of the Board of Commissioners; and if so ordered by the Board of Com- missioners, said spur tracks shall within thirty days thereafter, be removed and the streets restored to a condition uniform with the balance of said streets with respect to grade, materials and construction, and to the satisfaction of the Supervisor cf Streets In the event of failure of said railroad company to remove said tracks and restore said streets 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 con- ditions thereof shall be accepted in writing by the grantee herein within thirty days after the taking effect of this ordinance, and unless such tracks 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 Commissi nes`s of Salt Lake City, Utah, September 24th, —, 1919. Mayor.4,7- // ',>a% City ecorder. Bill No. Published. -5- 1 1 ,:y3 N a �� w 1,,c. 't .. • N. ;' 4. a a :'� ft i 4 3 .� m o, -Y r — ------1 fJ. TRACK 'T TOR a h c 0 L 7/89,03/30 , •o y A DAMS b �.I St RAP'fU16K o as n h toe. a'1� �t�-�-- _ -1 t. Track N9 58. i67°'' 1 C 2 Q z 'i TrackN25- i6 " ' 2 �- I. 4 Tr-ckN4514'3^ A v n o qq — -„ . 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