76 of 1920 - Bamberger Electric Company for spur track in Hot Springs Street AN ORDINANCE
AN ORDINANCE GRANTING TO the Bamberger Electric Railroad
Company, its successors and assigns, a franchise and right of way
to construct, maintain and operate a single spur track on Hot Springs
Street in Salt Lake City.
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 Bomberger Electric Railroad Company, its successors and as-
. signs, to construct, maintain and operate a single spur track upon
Hot Springs Street in Salt Lake City; the center line of said spur
track being described as follows:
Commencing on the center line of the East track
of the Bamberger Electric Railroad Company at a point
14 feet from the northerly end of Hot Springs Street,
which point is 6-1/2 feet easterly of the center line
of said street if continued North 44°O1' West; and run-
ning thence southeasterly on a curve to the left of
200 feet radius 55.2 feet; thence South 40°O1 East
9.3 feet; thence on a curve to the right of 200 feet
radius 55.2 feet; thence south 44°O1' East parallel
to and B-1/2 feet from the Ma8tei-ly line of Hot Springs
Street4p0;5 feet to a point 100 feet South 44°01'East
of the South Line (produced) of Lot 1, Block 1, Maack
Addition.
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 con-
form to the same.
(b) Whenever said street where said track is constructed
shall be paved, repaved, resurfaced or repaired, then said grantee,
its successors and assigns, shall pave, 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 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 he directed by the City Engineer.
(c) Good and sufficient conduits to convey water shall be
laid and maintained in good condition at the expense of said gran-
tee in all water'ditches crossed by said spur track so as to admit
of free passage of water.
(d) That said grantee shall be permitted to let freight cars
stand on said spur track and to use said spur track for loading and
unloading purports,until such time as the City may wish to make Hot
Springs Street a nthoroughfare.
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(e) The said track shall be laid and operated so as
to cause no unnecessary it pe:ii?-.ent to the common and ordinary
use of said street upon which it is laid from and after such
time as the Board of Commissioners shall indicate that said
street shall be open for public use as a street or highway.
(f) Said grantee shall put in and maintain such cross-
ings over said track and geavel the same so that the'; . : . be
creseed ae t7e. J rd of Coa issioners shall from time to time
roe Aire.
(g) That if in putting in said spur track said grantee
shall remove or in any manner interfere with the pavement, sidewalk,
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 cidewalks, curbs,
putters and waterways to the satisfaction of the Supervisor of Streets,
and shall so construct the gutters and waterways that they will allow
the free passage of water, to the satisfaction of said supervisor of
streets.
SECTION 0:- Nothing in this grant shall be construed so as to
prevent Salt Lake City or its authorized agents, contractors, persons
or corporations to whom a franchise may have been, or may hereafter be
granted, from paving, sewerin, , laying gas or water mains or pipes,
altering, repairing, or in any manner improving said street, but all
such improvements shall be made with as little injury as practicable
to said spur track, and the operatinn thereof.
•
SECTION 4:- The said grantee herein, its successors and as-
signs, shall, and by the acceptance of the privileges and franchises
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Zierein granted, and in consideration of the same, does bind itself,
its successors and assigns, upon its acceptance of this franchise, to
save the city harmless from all Emits, 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 injury or otherwise, by reason of
the granting 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; pro-
vided, however, that said grantee, its successors and assigns, shall
have had notice of any such suits, and an opportunity to appear and de-
fend the same; and the 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 shall expire e: on ha day ci
July, 1955; provided, however, that if for a period oe ante 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 the use of said track or any part
thereof, this franchise shall be:voidable at the option of the Board of
Commissioners, and if so ordere by the Board of Commissioners, said
track shall within 00 days after notice, be by said grantee removed from
the street, and the street re tered to a condition uniform with the
balance of said street r1ith tespect to grade, materials-and construction,
to the satisfaction of the. supervisor of streets, In the event of fail-
ure of said grantee to reeve said track and to restore said street up-
on 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 the terms and con-
ditions thereof shall be accepted in writing by the grantee herein with-
in thirty days after this ordinance become effective, and unless said
track be constructed within one year from the effective date thereof,
then this ordinance shall be null and void.
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SECTION 7:— This ordinance shall take effect thirty—one
days after its passage.
2assed by the Board of Commissioners of Salt Lake City,
Utah, this 29th day of JUNE A. D. 1920.
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Attes'6:-
- Taty F.ecorder.
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\ Bt(rnberger Electric Railroad Co.
\ PLAT TO
'ACCOMPANY FFTITION FOR T-RACK ON
I OT SPRINGS STREW I
\7 TO Sery
THE INSULATION MFG.0
B.IOCK 1 MAACK ADDITION
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