54 of 1917 - Franchise to Oregon Short Line Railroad Company two spur tracks in 9th South between 6th and 7th Wes ROLL CALL
Salt Lake City,Utah, IUS'..Q...7, ,191 7
VOTING 1 AYE NAY
Green '
I move that the ordinance be passed.
f
Newman 1 __---
Scheid I f
Wells -- # . t Va t
Mr.Chairman.. ... V s
Result
1
ANT ORDINANCE
An Ordinance granting to the Oregon Short Line Railroad
Company, its successors and assigns, the right to construct, oper-
ate and maintain two standard gauge railroad spur tracks across
Ninth South Street between Sixth and Seventh West Streets, and two
standard gauge railroad spur tracks across the Alley in Cummings
f �
Sub-division of Block Two (2) of Plat C. Salt Lake City Survey be-
tween Ninth South Street and Genesee Avenue and across Genesee
Avenue, and three standard gauge railroad spur tracks across Eighth
South Street between Sixth and Seventh West Streets, all in Salt
Lake City, Utah.
Be it ordained by the Board of Commissioners of Salt
i
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 1
successors and assigns, to construct, operate and maintain two
standard guage railroad spur tracks across Ninth South Street be-
tween Sixth and Seventh West Streets and across the Alley in Cum-
mings Sub-division of Block Two (2) of Plat C. Salt Lake City Survey
between Ninth South Street and Genesee Avenue and across Genesee
Avenue, and three standard gauge railroad spur tracks across Eighth
South Street between Sixth and Seventh West Streets, all in Salt
Lake City, Utah. The location of the center lines of the said
tracks 'across the above described streets and alley being more
particularly described as follows:
Beginning at a point in the South line of Ninth South
Street Two Hundred and Sixty and fifty-four hundredths (260.54) feet
west and sixty-eight (68) feet South of the City Monument at the
intersection of Ninth South Street and Sixth West Street; thence
Northerly along a curve to the right with a radius of Two Hundred ,
Thirty-one (231) feet for a distance of one hundred seventy-six
and three tenths (176.3) feet to a point in the North line of said
Ninth South Street, which is seventy-one (71) feet North and Three 'i
Hundred Sixty-one and Sixty-five Hundredths (361.65) feet West of
aforesaid City Monument; also,
Beginning at a point in aforesaid center line of spur v)
1track being on said curve at a distance of Eighty-two and two
4 4+k om its intersectiSA with tom rc
itouth line of aaid Ninth South Stret; thence along 'a curve to the
right with a raiu f Three Hundred four wid thrse-tentfts (3040)
feet for a distance of Ninety Four and Right-tenthe (94. ) foot to
a point in the North ling or said Minth South Street whiob ie
Seventy one (71) feet North and Three Hundred sixty-eix and three
tonths ( S.56.3) feet West of aforesaid City Monument; also,
Seginninw, at points in the Routh tine of the Alley in said
Cummings Sub-livision of Mock ( ) which are three Hundred
1 Sixty 71,4:ht and five-tenths (3oe.5) fet and Three Hundred
thre an.4 flve-tw;the (3a:i.5) felts reensotivelv, '7est and Two hun-
1
1 drsd Twelve r10 feet North or aforesaid City Monu=nt; thence
North Fifteen (Is) feet to points in the North tine of said Alley;
also,
1eginning t points in the south Line of Glfinesee Avenue
Three Hundred Sixty-eint and five-tentha ( 39.1) fi-ct nd Three
Hundred .?,ighty-three ant five-tentn (M.3.5) feet, renpeotivsly,
West and Tenty-dix and eiqhty-eight Sund_redthe (26. ) feat South
of the City Yonument at th,1 Toterseotinn of OT:nceee Avenue and
1 Sixtk7est (:trest; thence North Sixty Thrs and Three Hundredths
(83.03) feet to points in the North tine of said Genesee Avenue;
also,
Beginnin,g, at a point in the North Line of Block Trio (2)
Plot C. Salt take City Survey Three Hundred Niusty-eWit and fi..os-
tenths (3VB.5) feet set and Rixty-five and eirt-tent (55.M) feet
south of the City Vonument ;A the intersection of Sixth '.1et andHiØth
South Streets; thenoe North One Hundred Thlrty-two (132) feet
across 7ighth South °treet to a point in the North line of said strOt;
also for two spur tr,.;01te 1, 411e1 to above described track crossing
li!ighth Routh Street and respectively Fifteen (11) feet and Thirty
feet Poet, of said described oenter line of track. Said spur
tracks ell more particularly shown in yellow on the Otoched print
whloh is hereby made a part of this ordinance.
• Se/titian 2; Bunny the term of this franchise the grantee
shall be subject to the folloNin cnnditions:
(a) Th,t said tr.Aolcd ihall be laid upon and o'inrosm to thei
grade of said streets, and if the said grade is afterward ohanged bj
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-2-
.,
ordinance of th' Board of City Commissioners, the grantee shall,
at its own expense, ananje the elevation of the tv.oks so .os to osin
form to ;;,he sum.
(b) 7henover said streets Tvwin saio tracks are annetruct-i
ed shall be Dave,1, then aIU ,:'re , it suocesrs and ,,,saigns,
0.14.1.1 rave strosts Outocs ri..ile anci Cc . ap4se of t.Jio feot
otSileaf o rail, A,t,1 tb:! s,,,me hind or nh,terial used on the
sain ,:qrsotG err Wit.,,, sacti other ro.atorial as ray he appro,md O.
the Tioar,1 of Com,missionrs, ,i.nd u.11 ':.1„:4J sh,.,,11 'le 1L,Id m,on a
concrote t.)..,.sa of uTh thickness as shall be dited by the City
Fninsor.
(o) Said grantee Ih.all put in :‘r0 !-7Intatn each crossl,tgu
oVor said trucks do shall from time to time be required by the
Board- of city (omyl.neioners, AlcU neitl-or enFiaes nor care shall os
permitted to stand on siFo.id tr,cks on su.id N:.roate.
(d) The said tracks shall b,: laid :,,,nd t'a rw,;.O operated
so oli to 14%use no unneoessary impr.tdiment to the common .vli ordinary
use of said otrent urc n "ich they are luid.
h .
iI!I (e) Good and sufficient conduits to clonvey water shall
be laid and maintained in food condition at the expense of the said I.
grantee, in all the water ditches crossed by said troks, so A4 to
admit of free i,assav of water.
!i
(r) Salo gr,,Intes, it $1.1CC4080ra anA asolgns, shall
grovel and maintain in good condition at the cotaUlhod ;rads, the
street along. which the tracks run, to within one and one-half
inces of the top of v.4ils and between said rails and for a distanoe
11
Fof tsanty-five feet on ealil side oC the outer rail, subject to the L
approval of the Supervisor of Streets.
.
F (g) Salt taiga City resurvee the right to regulate and „
control the speed of all trains, aninse and cars operated by the
grantee, its successors an assigns, upon the said tracks.
(h) Th,,t if in putting, In ouch traoke said grantee 'shall
remove or in any manner interfere with the sidewalks on said etreste
it shall replace the same so far as possible, and to the entiataatioS
of the Supervisor of Streets.
,
:1 Seotion ',:t. Nothing in this grant shall be so construed 7)
/4.„)
US to prevent Salt Lake City or its authorised agents, oontraetors ,
( ,
Or person or corporation to whom a franchise may have 'oeso or may
hereafter 1,1 from inc,pav flowering, In,ying gas or .sater
mains, pipes or conduito, 1trtn , reuiring, or in any rf.anner
im-
provinsid streets.
Section 4. sRid ,;rantos h?retn, its successors and
assigns, shall,, ,,And by the acceptance nr the 2rivilaoyls and fran•
chief's herein 'granted, t -1d in oonaiir.ttn tind
itself, Its successors ar0 aseins, upon 1:3 acceptance of
franchise, to voiE'4.id city h4rmless from All suttc, ciaims,
demnde and judgments whetsoevur, .hor in law or in equity, otoh
shall be asserted, fount or rendered in any klnner ehataoever,
againet said city for i njury or .image to abutting property or
otherrJise, by reaw-m or the Erantin3 of tie frtl,nchise or ny reason
of the operation Of said tranke, an(' that tb grantee 'ormin, Ito
successors .4rid assigns, will pay the amount e'r Any jud7ment, &eterr-
1
mination or adJud1c7Aion, Arl,ich, in any uuit or proceedings, be 1
or shall be found against said Salt Lake lity; provided, however,
that said grantee, it suocesoore roassigno, shall have 11ci notice
of any such suits, and An opportunity to 41.Tniix nd defend the
same; and said grantee, ito successors and assign'', shall arpear in 1
and defend all aotione browjit against Salt Lake City for Any injury
or damato by reason of the oonstruction, operatim or maintenanc0
of said tracks.
Seotion 5. This franchise is grL4nted for the period of
Twenty-five (25) years from and after the passage of tie ordinance;
provided, however, that if for a ;ariod of nine ooneecotive months
durin the life of this franchise, said tracks are not used, this
franchise shall bo null and void at the option of the Board of
Commissiners, and if so ordered by the Board of Commissioners, said
traCks shall within thirty days thereafter, be removed and the
str4ts restored to the condition exitinf prior to the oonstructionl
of the same, and to the satisfaction of the Supervisor of Streets,
and upon failure of the grantee, its euslessors and assigns to
work may be done by ;alt. Lake City et thp
*amply with such Order, 4ndevxfommohlowAWcalakAmEmmgacxlnikAnnit4
expense of the said 1;ailroad Company.
Ssotion ti. Unless this Grant Ana all the terms and con-
ditions thereof shall be accepted in writing by the ,3rantee here- ,1
in within thirty days from the passage of this ordinance, sad wales
:i oulh tvoks be 1,.)notrV3ii Ithin ,:,.,n,,I yer fro 7 t119 date of ,.
il
91.1^$, pluva.r.z ,,,, ,-1-1.r1 thi. ,rdiflarlma &Jan be n,,ili and void.
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li Trah JUN —'7' 1917 ie)17.
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