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56 of 1907 - Ordinance 56 of 1907 – Franchise, O.S.L.R.R. Co., spur track on portion of easterly half of 3rd We • • An ordinance granting to the Oregon Short Line Railroad Company, its successors and assigns, permission to construct a single spur track upon a portion of the easterly half of Third West Street, between Second South and Third South Streets, Salt Lake City, Utah. WHEREAS, M. S. Browning is the owner of Lots Three (3) and Eight (8), Block Sixty-one (61), Plat "A", Salt Lake City Survey, and desires the construction of a single spur track beginning at a junction with the trackage of the Oregon Short Line Railroad Company approximately two hundred twenty (220) feet south of the center line of Second South Street, said spur track to be constructed, maintained and operated by the said Oregon Short Line Railroad Company, for the purpose of providing trackage facilities to the warehouses and other industries to be located on said Lots Three (3) and Eight (8) by the said M. S. Browning, his successors and assigns, to the petition for which spur track is annexed a plat showing where said spur track is desired to be located (said spur being indicated on said map by a yellow line); and WAEREAS, the said Oregon Short Line Railroad Company has presented said petition and asked for authority to construct such spur track: NOW, THEREFORE, in consideration of the premises be it ordained by the City Council of Salt Lake City, Utah: Section 1. That the Oregon Short Line Railroad Company, a cor- poration, be and the same is hereby given a franchise, and granted permission to construct, maintain and operate a single spur track upon and across the easterly one-half of Third West Street, begin- ning at a junction with the trackage of the Oregon Short Line Rail- Road Company approximately two hundred twenty (220) feet south of the center line of Second South Street; thence in a southeasterly direction to the said Lots Three (3) and Eight (8), Block Sixty-one (61), Plat "A", Salt Lake City Survey, crossing the west line of said Lot Three (3) at a point about sixty-eight (68) feet north of the southwest corner of said lot, as shown in yellow upon a plat an- nexed to the petition asking for such franchise. 56 Section 2. During the term of this franchise, the said grantee, its successors and assigns, shall be subject to the following condi- tions': The said railroad track shall be laid upon and conform to the established grade of the east half of Third West Street be- tween the points aforesaid, and if said grade is afterward changed by the City Council, the said grantee shall change the spur track so as to conform to the same, and shall provide and keep in repair a planked or such other crossing for teams and all vehicles upon said street as shall he ordered by the City Council; and keep the approaches to said track where the same crosses the easterly side walk of said street and the space between the rails of said track constructed of such material and in such manner as shall be order- ed by the City Council. Section 3. The said grantee shall also put in and maintain a good and sufficient box or waterway along or near the curb line of said street to permit of the free passage of water flowing along said curb line. Section 4. Said Salt Lake City shall in no way be liable or responsible_ for any accident or damage that may occur on said spur track, or by reason of said spur track being placed as herein pro- vided, or by reason of the default or misconduct of said Railroad Company, or any of its employes. And the said grantee, its suc- cessors and assigns, covenant and agree to save the City harmless from and against any liability, loss, cost or expense for damage of any nature arising out of the default or misconduct of said Rail- road Company, or by reason of the construction of said spur track, or which may accrue by reason of any accident or injury which may occur in or by reason of the construction or operation of said spur track, and to indemnify and repay said City for any loss, cost or expense, or damage of any kind which may be sustained by reason of any such default, misconduct, accident or injury or otherwise. Section 5. The rights and franchises hereby granted are for a term of fifty (SO) years from and after the passage of this ordi- nance. 2. Sectioh 6. This ordinance shall take effect upon approval. Passed by the City Council of Salt Lake City, Utah, , A. D. 1907, and referred to the Mayor for his approval. City Recorder. Approved this day of A. D. -1907. Mayor. :. r.4 :40.a .,....,+.c *-tic".,&r..,rt, ,x. ,.-- : .-. , '_- ,.�»«- Q N., .....‘ ... 4 rk ; 1 (P r 1 ,, ,,L •c,,z ,„ k ,,,, , ,_,,z , , ,, , 1,-, , . ,,,, • ,,,,, , , ..E. , "....‘ `•-• . ' , ' -:-:\ ' AY\, ..1,. • '' ' i 1 6 I 1 . s t 1 1 1 k