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60 of 1916 - Oregon Short Line Railroad Company a franchise for spur track across 2nd South and 3rd and 4th West ROLL CALL VOTING AYE NAY Salt Lake City, Utah, Ret,ruar-y-^ul,191.6 , Green I move that the ordinance he passed. Scheid • Shearman 1' /� (I(1 Wells �. 0 Mr.Chairman Result AN ORDINANCE An ordinance granting to the Oregon Short Line Railroad Company, its successors and assigns, the right to construct, operate end maintain a standard gauge spur railroad track across Second South Street, between Third West and Fourth West Streets, in Salt Lake City, Utah. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. A. franohise and right of way is hereby given and granted to the Oregon Short Line Railroad Company, and to its successors and assigns, to construct, operate and maintain a single spur standard gauge railroad track across Second South Street between Third West and Fourth West Streets, in Salt Lake City, Utah, the center line of said spur track being more particularly described as follows, to-wit: Beginning at a point in the north line of Block Sixty-two (62) , Flat "A", Salt Lake City Survey, said point being one hundred seventy-one and five hundredths (171.05) feet west and sixty-eight and forty-eight hundredths (68.48) feet south of the monument at the intersection of Second South and Third West Streets; thence north sixty-nine hundredths (0.69) of a foot; thence northerly along a twenty-five degree and thirty minute (25° 30') curve to the left, for a distance of one hundred eighteen ane fifty-six hundredths (118.56) feet; thence north thirty degrees and fourteen minutes west (N. 00° 14' W.) , for a distance of twenty and seventy-four hundredths (20.74) feet to a point in the south line of Block Sixty-five (65) , Plat "A", Salt Lake City Survey, and one hundred forty-nine (149.00) feet west of the southeast corner thereof. Said spur track being more particularly shown in yellow on the attached blue print, which is hereby made a part of this ordinance. -1- SECTION 2. During the term of this franchise the grantee shall be subject to the following conditions: (a) That said spur track shall be laid upon and conform to the grade of said street, and if the said grade is afterward changed by ordinance of the Board of City Commissioners, the grantee shell, at its own expense, change the elevation of the track so as to conform to the same. (b) Whenever said street where said spur track is constructed shall be re-paved, re-surfaced or repaired, then said grantee, its successors and assigns, shall 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 the 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 es shall be directed 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) Salt Lake City reserves the right to regulate end control the speed of all trains, engines and cars operated by the grantee, its successors and assigns, upon the said track. Neither engines or cars shell be permitted to stand on said spur track on said Second South Street. (e} That if in putting in said spur track said grantee shall remove or in any manner interfere with the pavement, sidewalks, curbs or gutters on said street, it shall replace such pavement with the same or such other material as shell be ordered by the Board of Commissioners, and shall replace such sidewalks and such curbs to the satisfaction of the Supervisor of Streets, end shall so construct gutters that they will allow free passage of water, and to the satisfaction of the Supervisor of Streets. -2- 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 improving said street. SECTION 4. 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 said city harmless from all suits, claims, demands and judg- ments whatsoever, whether in law or in equity, which shell be asserted, found or rendered in any manner whatsoever, against said oity for injury or damage to abutting property or otherwise, by reason of the granting of this franchise, or by reason of the construction or operation of said spur 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, may be or shall be found against said 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 ell actions brought against Salt Lake City for any injury or damage by reason of the construc- tion, operation or maintenance of said spur track. SECTION 5. . This franchise is granted for the gat period of twenty-five (25) years from and after the -_,assage of this ordinance; provided, however, that if for a period of nine consecutive months during the life of this franchise, said spur track is not used for the express purpose for which this franchise is granted, this franchise shall be null and void at the option of the Board of Commissioners; and if so ordered by the Board of Commissioners, -3, sarkd spur track shall within thirty days thereafter, be removed and the street restored to the condition existing prior to the construc- tion of the same, and to the satisfaction of the Supervisor of Streets, end upon failure of the grantee, its successors and assigns to compl* With such order, this franchise shall be null and void. SECTION 6. Unless this grant and all the terms and conditions thereof shall be accepted in writing by the grantee herein within thirty days from the passage 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 7. This ordinance shall t e lffeot upon its first publication. nn 1 Passed by the Board of Commissioners of Salt Lake City, Utah, une 20th , 1916. Mayor . 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