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56 of 1922 - Franchise to Oregon Short Line Railroad Company spur track across 6th and 7th West between 11 1/2 an VOTING AYE NAY 1 .it Lake City,Utah, ,192 Barnes >�—I I move that the ordinance be passed. Burton _ Green � I f Stewart Mr. Chairman Result • So' -.: DIDLITOE -J:CE gruting to the 0b50K 00L221EY, its successors [.)Z. assi-ns, the rinht to construct, creerate zuld Liaintain, a stmdard gauge railroad track over and across Sixth and Seventh 'best Streets, bet7een Eleven and One-Half 'North and Telfth Korth Streets and over and across Twelfth Korth Street of Industrial Trackage Subdivision to Salt Lake City, Utah. PE IT 011.DAIKED by the Board of Commissioners of Salt Lake City, Utah: Section 1: A franchise ant righ of 7:ay is hereby granted to the Oregon Short Line hailroad Company, and to its successors and assi:'ns, to construct, operate and maintain a standard p:auge rail- road track over and across Sixth and Seventh 'lest Streets between Eleven and One-Half Korth and Twelfth North Streets and over and across Twelfth Korth Street of Industrial Trackage Subdivision to Salt Lake City, Utah, the center line oZ said track being more oar- ticularly described as follows:- ]A7inning at a point in the Last Line of said 3i7.:th 'jest Street, eighty-seven and five-tenths (87.5) feet South of the Korth- west corner oh lock Si:: (6) oh said Industrial Trackae Subdivision; thence lest sixty-six (66) feet, to a point in the .best line of said Sixth jest Street, eility-seven and five-tenths (87.5) feet South of the Northeast corner of flock hive (6) of said Subdii,sion, also :5oz-inning at a point in the Last line of Seventh test Street, ei:7jit4-seven and five-tenths (87.5) fee'i South of the Eorth- west corner ct Traock five (5) of Inaustril Tracf.ar?e -11641 don; thence 'best si:tteen (16) feet; hence alon7 a seven degree and thirty-one minute (701' ) curve to the for a distance of fifty and one-tenth (50.1) feet, to a -point in the Jest line of said Seventh ,,est Street, ei-ht:.-five and nine-tenths (85.9) feet South lof the i.ortheast corner of :nook hour said 3u.bdivision; also 1.eginnin3 at a point in the South line of Twelfth North Street, thirty-three and four-tenths (3 .4) feet East of the North- . west corner of Block hour (4) o. Industrial TracageSudivision; I thence -Northwesterly along a seven degree ant thirtone i]mute -1- (7°:51?) curve to the rir7ht, Zor a distc.nce oPfifty-eir,,qat and four- tenths (,38.6) feet to a ;.)oint in the -. esterly boundary oh said Indus- trial r2rac]Lap;e Subdivi si on, said Doint ijein DDrth thirty de;-'rees, rty-Pour minutes and four sec wads West (11-3003z110/2*,7.) thirty- three and nine-tenths ( ) feet from the -.1orth-rest co rner of said Block Pour (4). The location of the center line o: said track Lein more particularly shorn in ora-lv,;e color upon the attached print, which is horeLy made a part o.1 this Ordinnce. Section 2: Durin. the teni of this franchise the grantee shall he subj set to the follo,:fin-• condi tions (a) That said trac::-.: shall be laid over and across said streets so as to not interfere niP. vehicle traffic over sane, and that the approaches to said tr,:•.ch. shall be Iroperly Traded ,.7•ith such material as may be approved by the Board of Oommissioners. (b) Whenever said streets where said track is constructed shall be paved, re-surfaced or repaired, then said crantee, its suc- cessors and assi-ns, shall pave, re-surface or repair bet',7een the • rails and for a space of 2 feet outside of each rail \•Tith the sail-Jo hind oh material used on the said streets, or wi .;1-1 such other mate- rial LLs may be ap:,rovecl. by the hoard of 3ommissioners, and all ties ;ball be laid upon a concrete base of such thic:.s,-,ess as shall be directed by the Pity -Lngineer. (c) the said trac::] shall be lai=. anI the road operated. so as to c,.-use no unnecessary impediracnt to the common and orainary use 0.: such streets ur)on -.7hich it is laid. (d) 3alt Lake Pity reserves the ri.7ht to ref7ulate and control the speed o all trains, enT:ines and cars operate by the c;rantee, its successors and ass! as, 11]:)on the said track. .• -2- 7 -(1( (e) That if in putting in sai rack said grantee shall remove or in any ;Wanner interfere with the pavement, sidewalks, curbs, or gutters on said streets it shall replace such pavement wit the same or such other material as shall be ordered by the Board of Commissioners and shall replace such sidewalks and such curbs and ' gutters 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 track 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 track, so as to admit of free passage of water. 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 as- signs, shall and by the acceptance of the privileges and franchises herein 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.as- serted, 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 track, 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, bay be or shall be found against said Salt Lake City, provided, however, that said grantee, its successors and assigns, %� - 3 - shall have had notice of any such-suYts-, and-ate opportunity to appea and defend the sauce, and said grantee, its successors and assigns, shall appear in and defend all actions brought against Salt Lake Cit for any injury or damage by reason of the construction, operation or maintenance of said track. Section• 5: This franchise is granted for the period of twenty-five years from and after the passage of this ordinance, pro- " d o ever, tYat if for a period of nine consecutive months dur- tkh. 1 f 0g is f dnshise, said track is not used, or if there . s,, a i1§l l ;ndC4Ant o the its of said track for said pur- �'-es, s d'r88n4ti'sb 04 '`' be�rooida' ._at the option of the Board Q 5;1 V 9 g s, C- /o&Co i�e.i exs.;„ tad i/,,; p ortte 4 W ie Board of Commissioners, a° ' ;11e vta.l,Within 41i.rty �„ r ;-after, be removed and the tce I s ;G,e Goxkd to a conditior rth the balance of said ' %.,1,, i respect to grade, ater .al$ and construction, and to \I t ' it i'fok, Rtion of the Supery or o1 Streets. In the event of fail •ure i i&cici. railroad company to remove said track and restore said streets upon such notice, and within said thirty days, the said work way be done by Salt Lake City at the expense of said railroad com- pany„ Section 6: Unless this grant and all the ter:as and condi- tions thereof shall be accepted in writing by the grantee herein within thirty days after the taking effect of this ordinance, and unless such track be constructed within one year from the date of such passage, then this ordinance shall be null and void. Section 7t This ordinance shall take effect thirty-one days after its passage. PASSED by the Board of Commissioners of Salt Lake City, Utah, /JO • Ci y Recorder. 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