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Home My WebLink About67 of 1917 - Franchise Oregon Short Line Railroad Company spur track across 8th North between 3rd and 4th West st ROLL CALL "'°° °`''°",„-, VOTING AYE NAY Salt Lake City,Utah, July-12, ,191_7. Green I move that the ordinance be pa sed. Newman Scheid ' �� Wells - , Mr.Chairman... Result AN ORDINANCE it An ordinance granting to the Oregon Short Line Railroad Company, its successors and assigns, the right to construct, operate and maintain a standard gauge spur railroad track across Eighth North 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 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 across Eighth North 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: Beginning at a point in the north line of Eighth North Street, said point being eight and five-tenths (8.5) feet east of the south- west corner of Block One hundred seventy (170) Plat "A", Salt Lake City Survey; thence south along a straight line across said Eighth North Street to a point in the south line of said Eighth North Street, said point being eight and five-tenths (8.5) feet east of the northwest corner of Block One hundred fifty-five (155) Plat "A", Salt Lake City Survey. Said spur track being more particularly shown in yellow upon the attached print, 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: (a) That said spur track shall be laid upon and conform to the 67 grade of said street, and if the said grade is afterward changed b, ordinance of the Board of City 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 spur track is construetei shall be paved, re-surfaced or repaired, then said grantee, its successors and assigns, shall pave, re-surface or repair between and the rails 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 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 ordinar, use of said street upon which it is laid. (d) Salt Lake City reserves the right to regulate and contro the speed of all trains, engines and cars operated by the grantee, its successors and assigns, upon the said track. Neither engines nor oars shall be permitted to stand on said spur track on said Eighth North 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 streetm 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 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 tracks as shall from time to time be required by the Board of Commissioners. -2- (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 tracks, so as to admit of free passage of water. (h) Said grantee, its successors and assigns, shall gravel and maintain in good condition at the established grade the street across which said tracks run to within one and one-half inches of the top of the rails and between said rails and for a distance of twenty-five feet on each side of the outer rail, subject to the approval of the Supervisor of Streets. 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 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 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 con- struction 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 -3- appear and defend the same, and said grantee, its successors and assigns, shall appear in and defend all 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 6. 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 substantial abandonment of the use of said spur track for said purposes, said franchise shall be voidable at the option of the Board of Commissioners; and if so ordered by the Board of Commis- sioners, said spur track shall within thirty days thereafter, be removed and the street restored to a condition uniform with the balance of said street with respect to grade, materials and construe- 'ion, and to the satisfadtion of the Supervisor of Streets. In the event of failure of said railroad company to remove said track and restore said street upon such notice, 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 condition 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 take effect thirty-one days after its passage. ` ( .4zAt.,,ki \AN r -4- Passed by the Board of Commissioners of Salt Lake City, Utah,' 1 July , 1917. / Mayor . )/t/A} �u'lid i 0Pty AeCorder. I 1 I 11 -5- i II re5u+23°f.. Track •It 1 ,! e- m 22.78.2 W.U Pole 4.34RI • I.. C� 11P, w \�` ��'ks ( 1, .71 I . ..;, 1 e ' oyti 1 123'SIIPSpl//Sw.L.6/ P,, - \ , t..A CI ' rN ‘ ier '„ At °i 74+I1.•Pule RI'Re. 1 ' ! + 24+196PIill7Rig 1 zrX's°,'I ° �� 2l+7f7Pf '/0417, I ,ice° . , !'—/ ;4'e4"I[nbt. '91b/e4'N- r 4N (70 '1.. w I % 6+ Ay,PBL.Wv Xri+g. 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