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HomeMy WebLinkAbout66 of 1921 - Franchise to Oregon Short Line Railroad Company, spur track in 3rd West, 4th to 5th south ----- - -- ---- I ,--, VOTING A,Y4,45!1 NAY Salt Lake City,Utah, • , 192 Barnes t- Burton Crabbe I move that the ordinance be passed. Green li 11.11111• -,#'041/ t r Mr. Chairman Ki iE. Result .d., , ! I ORDINANCE An Ordinance granting to the Oregon Short Line Railroad Company, its successors and assigns, the right to construct, oper- ate and maintain a standard gauge spur railroad track over and i across Third West Street, between Fourth and Fifth South Streets, in Salt Lake City, Utah. 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 Oregon Short Line Railroad Company, and to its successors and assigns, to construct, operate and maintain a standard gauge spur railroad track over and across Third West Street, between Fourt and Fifth South Streets, in Salt Lake City, Utah, the center line of said spur track being more particularly described as follows: Beginning at a point in the center line of the present operated West main track of the Oregon Short Line Railroad in Third West Street, said point being five (5) feet West and one hundred seven and two-tenths (107.2) feet South of the Monument at the intersection of the Monument lines of Third West and Fourth South Streets; thence Southerly along a 12° 26' 34" curve to the right, for a distance of sixty-five and nine-tenths (65.9) feet; thence South 8° 10' 16" West, for a distance of ten (10) feet; I thence Southwesterly along a 25° 00' curve to the right, for a dis- tance of one hundred twenty-13iUe and One=tenth (129..1) : feet, to a point in the West line of Third West Street, said point being sixty-three and ninety-five hundredths (63.95) feet West and two hundred ninety-nine and sixty-nine hundredths (299.69) feet, South of the Monument at the intersection of the Monument lines of Third West and Fourth South Streets. The location of the center line of said spur track being more particularly shown in yellow upon the attached print, which is hereby made a part of this ordi- nance. III 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 gran- tee, shall, at its own expense, change the elevation of the track so as to conform to the same. II (b) Whenever said street where said spur track is con- !I structed shall be repaved, resurfaced or repaired, then said gran- tee, its successors and assigns, shall repave, resurface 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 Com- missioners, 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 oper- ated 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 and control the speed of all trains, engines and cars operated by the grantee, its successors and assigns, upon the said track. (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 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, sewering, laying gas or water mains, pipes or conduits, altering, repairing or in any manner im- proving said street. 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 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, personal injuries 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 ap- pear and defend the same, and said grantee, its successors and as- signs, shall appear in and defend all actions brought against Salt Lake City for any injury or damage by reason of the construction, operation or maihtenanoe of said spur track. Section 5: This franchise is granted for the period of twenty five years from and after the passage 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 purposes for which this franchise is granted, or if there is a pur- poses,substantil said franchise nshall t of tbe voidable he use of aat the id roption of track r the 1Bdad of Commissioners; and if so ordered by the Board of Commissioners said spur track shall within thirty days thereafter, be removed and the street restored to a condition uniform with the balance of said streets with respect to grade, materials and construction, and to the satisfaction of the Supervisor of Streets. In the event of failure of said railroad company to remove said track and restore said street upon such action, and within said thirty days, the said work may be done by Salt Lake City at the expense of said railroad company. Section 6: Unless this grant and all the terms and con- ditions 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. _2_ Mi Section 7: This ordinance shall take effect thirty-one days after its passage. zi:Z- 1/,/,'' ___-______g "-0/ P.V.WI D by ALBoard of Commissioners of Salt Lake City, Utah, , 1921. __------/ - --v- • ,' '' -----i,: N',..; 'N ..!• ''' j '1,4, + .•' - --71-. .. .-2--2-2_____--"r""/ Yi •, •yi -City Recorder. k. '.".• , '',.;. T.' 4 •:;:.*Ibliitjatt, . , ,, -3- , — '.5 - _o-� _ a a .- -^s4. — -ate-. F 'fit �. 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