57 of 1918 - Franchise Salt Lake Terminal Company in 1st West between 2nd and 3rd South streets 143
ROLL CALL „coo.,...,....
NAY 191
VOTING AYE Salt Lake City,Utah, July -...- $.
Crabbe I move that the ordinance he passed.
Green
G'
al-7
Neslen
Scheid
Mr. Chairman 7'„__
AN ORDINANCE
Result
An ordinance granting to the Salt Lake Terminal Company,
its successors and assigns, a franchise and right of way to
construct, maintain and operate a single spur trgok from and
between its main line on First West Street in Salt Lake City,
to the property line upon the east side of the street.
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 Salt Lake Terminal Company, and its successors and
assigns, to construct, maintain and operate a single spur track
from and between its main line on First West Street in Salt Lake
City, to the property line upon the east side of said street
as follows:
Beginning at a point in the center of the east track
of the Salt Lake Terminal Company on First West Street
74.55 feet south and 8.49 feet east from the City Monument
at the intersection of First West and Second South Streets,
running thence southeaswardly along a curire to the left
having a radius of 200 feet, a distance of 48.9 feet; thenoe
along a curve to the left having a radius of 150 feet; a
distance of 100.2 feet, intersecting the west line of Lot
5, Block 59, Plat "A", 138.2 feet south from the northwest
corner thereof. Said spur track being more particularly
shown in yellow on the blue print attached, which is hereby
made a part of this ordinance.
SECTION 2. During the term of this franchise the grantee
shall be subject to the following conditions, viz:
(a) That said spur track shall be laid upon and conform
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to the established grade of said street, and if said grade is
afterward changed by ordinance of the Board of Commissioners,
the grantee shall., at its own expense, change the elevation of
the track so as to conform to the same.
(b) Whenever said street where said track is constructed
shall be paved, re-paved, re-surfaced or repaired, then said
grantee, its successors and assigns, shall pave, re-pave, re-
surface or repair between the rails and for a space of two feet
outside of each rail with the same kind of material used on said
street, or with such other material as may be approved by the
Board. of Commissioners, and all ties shall be laid upon a
concrete base of such thickness as shall be directed ft by the
City Engineer.
(c) The said spur track shall be laid, and the road
operated so as to cause no unnecessary impediment to the common
and ordinary use of said street upon which it is laid.
(d) 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 spur track, so as
to admit of free passage of water.
(e) Salt Lake City reserves the right to regulate and
control the speed of all trains, engines and cars operated by
the grantee, its successors and assigns, upon the spur track
aforesaid. Neither engines nor cars shall be permitted to stand
on said spur track on First West Street.
(f) That if in putting in said spur track said grantee
shall remove or in any manner interfere with the pavement, side-
walk, curbs, gutters or waterways on said street, it shall re-
place such pavement with the same or such other material as
shall be ordered by the Board of Commissioners, and shall re-
place such sidewalks, curbs, gutters and waterways to the satin,
faotion of the Supervisor of Streets, and shall so construct the
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gutters and waterways that they will allow the free p<_ssage 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, :Zrc„x paving, sewering, 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 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 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 the City harmless from
all suits, claims, demands and judgments whatsoever, whether in
law or in equity, which shall 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, its successors and assigns, will
pay the amount of any judgment, determination or adjudication
which in any suit or pro8eedings may or shall be found against
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Salt Lake City; provided, however, that said grantee, its succes-
sors and assigns, shall have had notice of 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 brought against Salt Lake City for any injury or tax
damage by reason of the construction, operation or maintenance
of said spur track.
SECTION 5. This franchise is granted for a period of
twenty-five years from and after the effective date of this
ordinance; provided, however, that if for a period of nine con-
secutive months during the life of this franchise said track or
any part thereof is not used for the purpose for which 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 the option of the Board of Commissioners, and if
so ordered by the Board of Commissioners, said track shall
within thirty days after notice, be by said grantee removed from
the street, and the street restored to a condition uniform with
the balance of said street with respect to grade, materials and
construction, to the satisfaction of the Supervisor of Streets.
In the event of failure of said grantee to remove said track and
to restore said street upon said notice, and within thirty days
thereafter, the work may be done by Salt Lake City at the expense
of said grantee.
SECTION 6. Unless this franchise and all the terms and
conditions thereof shall be accepted in writing by the grantee
herein within thirty days after this or beoomes effective,
and unless said traok be constructed within one year from the
effective date hereof, then this ordinance shall be null and
void.
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SECTION 7. This ordinance shall take effect thirty-one
days after its passage.
as®ed by the Board of Commissioners of Salt Lake City,
Utah, ,ruly, �3rd , 1918.rt a y o r .
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