57 of 1907 - Ordinance 57 of 1907 – Franchise, O.S.L.R.R. Co., spur track upon portion of easterly half of 3rd ♦N p lNANCis.
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An limilendeo gees ing to the Ose(en Short Lino Railroad
Company, its saaeeamears and assign, ea the petition of M. S. Browno /
. a frawskire and right 0wady to womairmwt aril operate • single spur a
trash, apex that periiaw of also eas4ariy half of Third 'sent Street,
between Sseead acid Third *Ma Streets, Salt Twice City, Utah.
BR IT ORDAINED by the City Council of Salt Lake,City,
Utah.
Section 1. A freesia—wand right of way is hereby given and
. created to the Oregon Short Line Rai.lread Company, and to its success-
ors and assigns, to lay, coastruot, operate and maintain a spur,standard
gunge railroad track upon that portion of the easterly half of Third
West Street, between Second and Third South Streets, hereinafter de-
ssribed, towwit:
Cemmonoing at a junction with the traokeds of the Oregon
Short. Line Railroad Company, approximately 280 feet south of the
center line of Seeped South Street, thanes in a south-ealsterly dir-
estion to lots 3 and 8, block 61, Plat *A", Salt Lake City Survey,
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erossing the line of said lot 3 at & point *bout 08 feet north of the
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south-west corner of said lot, as shown in yellow upon the plat annexed
to the petition asking for this franchise; which plat is hereby made
a part of this franchise.
Section S. hearing the tern of this franehiss the grantee
shall be subplot to the following °seditious, via:
(a) That said spur track shall he laid upon and conform to
the established grade of said street, and if said grade is afterward
changed by ordinance of the City Council, the grantee, shall at its
own capons, change the elevation of the tracks so as to conform to
the mow.
(b) Whomever said street where such track is oonstruoted
shall be paved,the said grantee,its successors and assigns,shall pave
between the rails and for a space of AIfp feet outside of each rail,with
the same material as that used in the street pavement.
(a) Said grantee shall put in and maintain such crossings
over said spur track as small from time to time be reauirad by the City
Council.
(d) The said spur tract shall be laid, and the road operated,
so as to email no manwainoset7' ispatissmt to the *amnion sad ordinary uses
of said street upon which it is lurid.
(e) age* and **Molest betas to seaway water shall be laid
and maintained in good condition at the ezpsriss of said grantee in all
the water ditches crossed by said spur track, so as to admit of free
passage of water,
Seotion 3. Nothing is this grant shall be construed so as to
prevent Salt Lake City or its authorised agents from pawing, sewer.ing,
laying gas or water mains or pipes, altering, repairing, or in any
manner improving said street, but all such improvements shall be made
with as little injury as prestioable to said spur track and the operation
thereof.
Section 4 The said grantee herein, its successors and assigns
shall,and by the acosptaace 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
hawaless from all suits, claim., demands and judgement whataoever,whsther
is law or in equity, which iha11 be asserted, found or rendered in any
manner Whatsoever, against said City for injury or damage to abutting
property or otherwise, by reason of the granting of this franchise or
by reason of the operation of said spur track; and that the grantee
herein, its successors and assigns, will pay the amount of any judgement,
dstermiaatiea or adjudication which, in any suit or proosedings may be or
shall be found against Salt Lake City, PROVIDED, HOWEVER, that said
grantee, its successors and assigns, shall have had notice of any such
suits, and an opportunity to appear and defend the same; and 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 con-
struction, operation of maintenance of said spur track.
Section S. This franchise is granted for the period of fifty
years from and after the approval of this ordinance.
Section b. Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the grantee herein within thirty
days from the approval of this ordinance, and unless said track be
constructed within one roar from the date of such approval, then this
ordinance shall be null and void,
Section 7. This ordinance shall take effect upon approval.
. ro.FOed by the C,,t.r •ornet.1 of Salt Cake (;9.tvr,Ut h, rtP.T113t
12, 1907, ant referred to the .;alynr for Mo approval.
f fEY 7(- order.
Approved this /City of C,lgnst,1907.
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