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Home My WebLink About75 of 1921 - Franchise to Oregon Short Line Railroad Company, spur track in 3rd West, 3rd to 4th South VOTING 'AYE'NAY'i Salt Lake City,Utah,.Sept. 19 , 192.1 Barnes Burton Crabbe I move that the ordinance be passed. Green MP. Commissioner of streets L Public Improvemet Mr. Chairman Result I mow imi ± 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 across Third jest Street, between 'Third and Fourth South Streets, inl Salt Lake City, Utah. Be it Ordained by the Board of Commissioners of Salt Make City, Utah: Section 1. A franchise and right of way.is hereby granted to the Oregon Short Line Railroad Company end to its suc- cessors and assigns, to construct, operate and maintain a standard gauge spur railroad track over and 'across Third Nest Street, between Third and :Fourth 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 'crest main track of the Oregon Short Tine Railroad in Third West Street, said point being five '5) feet Nest and four hundred thirty six and ninety one hundrelths (436.91) feet North of the Idonument at the intersection of the Monument lines of Third ;test and Fourth South Streets; thence Southerly along a 7° 31, curve to the right, for a distance of eighty four and six tenths (B4.6) feet; thence continuing Southerly and Southwesterly along a 30° 00' curve to the right, for a distance of one hundred twenty four (124) feet, to a point in the West line of Third Nest Street, said point being sixty two and twenty two Ihundredths (62.22) feet Nest and two hun- dred forty one and sixty Ste:1'241.66) feet North of the Monument at the intersection of the I.Ionument lines of Third ','Test and Fourth South Streets. The location of the center line of sail_ 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 grade of said street, and if the said grade is afterward chanced by ordinance of the Board of City Corm'aissioners, the grantee shall_, at its own expense, change the elevation of the tracT- so as to conform to the cn:ie. (b) -:ihenover said street where said spur track is con- structed shall be repaved, resurfaced. or repaired, then said grantee its successors and assigns, shall repave, resurface or repair between the rails and for a space of Ieee feet outside of each rail ':ritb the same kind of material used on the said street, or with such other -1- t Tea material as may be approved by the 17.nr1 of r"-:_::Ii ,oers, , ,9 nil ties shall be laid upon a concrete base of such thickness as shall be directed by the City 7ngineers. (c) The said spur trac': shall be laid and the road oper- ated so as to cause no unnecessary impediment to the common and ordinary RCO of said street upon wMch it is laid- (d) Salt Lake City reserves the right to regulate and control. the speed of all trains, engines and onus operated by the grantee, its successors and assirTJs, mien the said tree]:. (e) That if in )luttin7 in said spur track said grantee shall remove or in coy manner interfere ,Jith the pavement, sidewans 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. trac as shall from time to tie be required by the Board of Commissioners. (g) Good and sufficient conduits to convey water shall be lalA and. maintained in 2700a condition at the e:Tense of said gran- tee in all water ditches crossed by said trash so as to admit of free passage of water, Section S. rothing in this grant shall be go 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 here- after 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 assins, shall, and by the acceptance of the privileges and fran- chises heroin granted, and in consideration of the sae, does bind. itself, its successors and assigns, upon its acceptance of this franchise, to save said city harmless from all suits, claims, demand -......- ,. . and. judgments whatsoever, whether in law or in egu.ity, which shall b: 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 pr.oceedings.map be o'r shall. be found against said Salt Lake City; provided however, that said grantee, its successors and assigns, shall have had notice of any such suite, and an opportunity to appear and defend the case, 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 construction, operation or maintenance of said spur track. Section 5. This franchise is granted for the re-fled of twenty-five years -from and after the passage of this ordinance, rro- vided, 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 pur- poses, said franchise shall be voidable at the option of the Board 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 they 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 condi- tions 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. /) / nl -3- Section 7. This ordinance sha7J, take effect thirty-one clays after its passage. / ✓ �CYI :Passer., by the Board of Commissioners of Salt Lake City, Utah, September 19th , 1921. `i��l�v�� ''r'v" Temporary chairman' C2yt Jyr. J.�.x, CHIEF DE PUT Y Bill iTo. 75 Yubi 0b,f4s, ,4,eiitember 21.0_t._ 1931 �7 • -4_ , y S a el ck" 1 _ L I •,' '- -4,..4. o,„ i t• 1 I , ','; l'{5777 • r- , , ,:•., , - • 1 t , I '`.. ''#-•- • i a, .-.) • X' 'k . t Co - . 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