HomeMy WebLinkAbout56 of 1921 - Franchise to Bamberger Electric Company spur track in 3rd West and 2nd North - ROLL CALL 1 11 1
VOTING AYOIAY Salt Lake City,Utah, ,c' ', , 192
Barnes ____44—VL-e----
Burton ....i 1
Crabbe 4 I move that the ordinance be passed.
Green 4%
IMP
Mr. Chairman
Result
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ORDINANCE
AN ORDINANCE GRANTING TO TEE BALBERG:TP ELECTRIC RAILROAD
C'J::::r NY, its successors and assigns, a franchise and right of way
to construct, maintain and operate a single spur track mpon Third
West and Second North Streets in. Salt Lake City.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. A franchise and right of way is hereby granted
to the BAIBERGER ELECTRIC RAILROAD COMPANY, its successors and
assigns to construct, maintain and operate a single spur track
upon Third West and Second 14orth Streets in Salt Lake City; the
center line of said spur trend being described as follows:
Commencing at a point 168.1 feet north and 9.33 feet east
of the intersection monument on 3rd `felt and 2nd iTorth Streets,
and running thence Southerly on a 10050' curve (529.6 radius) to
the left 70.46 feet; thence on a 29003' curve (200' radius) to the
left 228.75 feet to the north line of Block 102, at a point 83.92
feet east of the northwest corner.
SECTION 2. During the term of thin franchise the grantee
shall be sub 44-to thefollowing conditions, viz:
(a) That said spur track shall be laid upon and co Mform to
the established grade of said streets, and if said grade is after-
ward changed by ordinance of the Board of Commissioners, the grantee
shall at its own expense, change the elevation of t'he track so as to
conform to the same.
(b) Good and sufficient conduits to convey water shall be
laid and maintained in good condition at the erpesne of said grantee
in all water ditches crossed by said spur track so as to admit of
free passage of water.
(c) The said track shall be laid and operated so an to cause
no unnecessary impediment to the common and ordinary use of said
streets upon which it is laid. Said grantee shall put in and maintain
such crossings over said track and gravel the same so that they may be
•
crossed as the Board of ,,Commissioners shall from time to time require.
(d) Thatif in putting in said spur track said grantee shall
remove or in any manner interfere with the pavement, 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, gutters and
waterways to the satisfaction of the Supervisor of Streets, and shall /
so construct the gutters and waterways that they will allow the free
passage of water, to the satisfaction of said Supervisor of Streets.
SECTION 3. Nothing in this grant shall be construed . so as 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 nines,
altering, repai.ring,or in any manner improving ,aid street, but all
such improvements shall be made with as little injury, as ?practicable
to said spur track, and the operation thereof.
SECTION 4. The said grantee herein, its successors and assigns,
shall, and by the acceptance of the priviliges and franchises herein
granted, and in consideration of the same, does Bing itself, its
successors and assigns upon its acceptance oh. this fra;chise,tosave
the city harmless from all suits, claims, demands and judgements, what-
soever, Whether in law or equity, which shall be asserted, found or
rendered in any in nner whatsoever, against sad City for injury or
damage to abutting property, personal injury 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 and assigns will
pay the amount of any judgment, determination or adjudication which
in any suit or proceedings may or shall be found against Salt Lake
City; provided, however, that said grantee, its successors and
assigns, shall have had notice o ' any such suits, and an opportunity to
appear and defend the same, and the said grantee its successors and
assigns, shall appear in and defend all actions bro:eght against Salt
Lake City for any injury or _damage by reason of the costruction,
operation mr maintenance of said spur track.
SECTION 5. This franchise shall expire on the P0th day of
SECTION 7. In the opinion of the Board of Commissioners it is
necessary to the health, peace and safety of the inhabitants of Salt
Lake City tat this ordinance become effective immediately.
SECTION 8. This ordinance shall become effective .upon its passage.
SEptember 1922, and saidntrack shall be removed and the Streets
over ihich this franchise is granted shall be restored to their
original condition as nearly as practicable immediately thereafter,
and upon failure of said railroad company to so remove sail. spur
track upon notice the city may remove the same and collect the
cost therefor from said railroad company; provided, however, that if
said track or any part thereof is not used for the purpose for thich
this franchise is granted, or if there is a substantial abandonment
of the use of said track or any part thereof, this franchise shall be
voidable at theoptionof the Board of Commissioners, said track shall
within ZQ days afer noti;,ce, be by said grantee removed from the street,
'And the -street retored`to a condition uniform with the balance of said
street with respect to grade, materials and construction, to the sat-
isf .ction of the supervisor o_" streets. In the event of failure of
said grantee tot remove said drac _ a .d to restore said street upon
said notice, and within thirty days thereafter, the work may he done
by Salt Lake City at the exsnse of oo d grantee.
SECTIOI? 6. Unless this franchise and all the terms and con-
ditions thereof shall be accented in writing by the grantee herein
within thirty days after this ordinance becomes effective, and unless
said tract: be constructed within oneyear from the effective date
thereof, then this ordinance shall be null and void.
CDOTIOU 7; Thiel e -iaat}ee eee- . -e-lee effect thirty one dayo
actor ito oaooago/
Pa._sed by the Board of Commissioners or Salt Lake City, Utah,
this 28th day of * July A.D.1921.
Attest
y ecor er. Mayor
EF
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