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Home My WebLink About61 of 1919 - Franchise to Salt Lake Terminal Company spur track in first West between 2nd South and 3rd South ROLL CALL VOTING AYE NAY jf Salt Lake City,Utah, NOV u' ,191 Crabbe.. . �_/_ Green ._..... __.... Y 1 I move that the ordinance be passed. Neslen v, ___ Scheid.__ I r Mr. Chairman. .. I 1 / Result f 61 AN ORDINANC E. AN ORDINANCE GRAANTING TO the Salt Lake Terminal Company, its successors and assigns, a franchise and right of way 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 up- on the west 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 'wrest Street in Salt Lake City, to the property line upon the west side of said street as follows: Beginning at a point in the center of the west track of the Salt Lake Terminal Company on First :rest Street 68.44 feet south and 4.35 feet west from the City monument at the intersection of First West and Second South Streets, running thence on a 169.82 feet radius curve to the right 13°26' , a distance of- 39.72 feet; thence on a 132.94 feet radius curve to the right 42°34' , a distance of 98.5 feet, inter- secting the east property line of Block 60, Plat "Ail, at a point 118.78 feet south of the northeast 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 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. 61 1 j (b) Whenever said street where said track is constructed shall be paved, repaved, 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 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 watch 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 con- trol the speed of all trains, engines and cars operated by the gran- tee, its successors and assigns, upon the spur track aforesaid. Neither engines nor cars shall be permitted to stand on said spur trash on first knot Street. (f) That if in putting in said spur track said grantee shall remove or in any manner interfere with the pavement, aide r.lk, 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 shell so construct the gutters and waterways taut trier ';il.l allow the free Passage of water, to the satisfaction of said supervisor of streets. Section 3. Nothing in this grant shall be construed so ss to prevent Salt Lake City or its authorized agents, contractors, persons or corporations to whom a franchise may hive been, or may hereafter be granted, from paving, sewering, laying gas or water mains or pipes i11 altering, repairing, or in any manner improving said street, but all such improvements shall be made aitn as little injury as nractioab].e to said spur track and the operation thereof . Section 4. The said grantee herein, its successors and. assigns, shall, and by the acceptance of tile privileges and franchises herein granted, and in consideration of the same, does bind itself, its suc- cessors and assigns, upon its acceptance of this franchise, to save the city harmless from all suits, claims, demands anal judgments what- soever, whether in law or in. e.eity, catch 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 grant- ing 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 of any such suits, and an opportunity to aer.,ear and defend the same; and the said grantee', its successors and a.ssi-;ns, snail ap- • pear in and. defend all actions brought against Salt Ls:ko City for any injury or damage by reason of the construction, operation or mainten- ance 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; pro- vided, however, that if for a period of nine consecutive 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 tiic .lee of said track or any part thereof, this franchise shall be voidable at tile option of the Board of Cormnis- sioners, and if so ordered by the Board of Commissioners, said track shall. within 30 days after notice, be by said grantee removed from the street, and the street restored to a condition uniform with the balance . - - 4 - - of said street with respect to grade, materials and construction, to the satisfaction of the supervisor of streets. Ih the event of fail- ure of said Grantee to remove said toner 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 toe terms and condi- tions thereof shall be accepted in writing by the Grantee herein with- in thirty days after this ordinance becomes effective, end unless said track be constructed within one year from the effective date thereof, then this ordinance shall be null and void. Section 7. This ordinance small take effect thirty-one days after its passage. Passel by the hoard of ComlAs. ttono.a3 of Colt Lake City, Utah, =:ovet;nber 6th, l9l9. lieyer • City hecor( r. ! a I I I ii 1.1 r. • • • _ FACTORY• hi • 1 , ki • FIRST WEST • MOP, Li-mo _ am.✓ -�- ._ _ _ _ ... cpJ p J' x & 1 ;.' ( 1i Flo 1 s i' iI Q-• � g-� III / 1 .$ � �`' it • SALT LAKE TERMINAL CCQ � � PROPOSED SPL/R TO ,....,, o,:i:,;'1,::.,:- • SWEET CANDY C O. JULY ZS l919 CARE 1'^ 20' �z�a '''. F ,, \-\ ..,, 1 ? ,.......---, f. ,p-1.,...k, , „... .; , , ,_„ ,,,k‘.! ,,,. J 7 ,, ...". If: .gFt '7t . 1,e, . 1 , ,......„, __ , 4 I r5 k-7 cli-t-- id: 5 14.e2 ' ' • j 1 j