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
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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.
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