82 of 1915 - Franchinse to Oregon Short Line Railroad Company for spur track on Fourth West between 1st and 2nd S 1
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AT ORDINANCE
An ordinance granting to the Oregon Short Line Railroad
' Company, its successors and assigns, the right to construct, main-
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tain and operate a standard gauge spur railroad track on the east
half of Fourth West Street, between First and Second South Streets,
: in Salt Lake City, Utah.
Be it'ordained by the Board of Commissioners of Salt Lake
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City, Utah:
Section 1. A franchise and right of way is hereby given
and granted to the Oregon Short Line Railroad Company, and to its
successors and assigns to construct, maintain and operate a spur
standard gauge railroad track on the east half of Fourth West Street;
between First and Second South Streets, in Salt Lake City, Utah, the •line of said spur railroad track being more particularly
described as follows, to-wit:
Beginning at a point in the center line of present spur
• track of the Oregon Short Line Railroad, one hundred eighty-nine and
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! eight-tenths (189.8) feet south and twenty-one and fourteen-hundredths
(21.14) feet east of the monument at the intersection of First South1
and Fourth West Streets; thence southerly along a curve to the left,
with a radius of four hundred sixty-one and seventy-three hundredths
(461.73) feet for a distance of sixty-five and seven-tenths (65.7)
feet; thence continuing along a curve to the left, with a radius of
two hundred fourteen and eighteen-hundredths (214.18) feet for a
distance of one hundred eight and twenty-four hundredths (108.24)
• feet to a point in the west line of Block 65, net "A", Salt Lake
City Survey, and two hundred seventy-six (276) feet south of the
northwest corner of said Block 65.
Said spur track being more particularly shown on the
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11 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 changed by
ordinance of the board of city commissioners, the grantee shall, at
its own expense, change the elevation of the tracks so as to con-
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form to the same.
(b) Whenever said street .where such track is constructed shall
be paved, then said grantee, its successors and assigns shall pave
between the rails and for a space of two feet outside of each rail,
is with the same material as that used in the street pavement, and all
ties shall be laid upon a cement base of such thickness as shall be •
directed by the city engineer.
(o) Said grantee shall put in and maintain such crossings ovel
said spur track as shall from time to time be required by the Board
of City Commissioners, and cars shall not be permitted to stand on
said spur track on said street.
(d) The said spur track shall be laid and the road operated sd
as to cause no unnecessary impediment to the common and ordinary usa
of said street upon which it is laid.
(e) Good and sufficient conduits to convey water shall be lai4
and maintained in good condition at the expense of the said grantee
in all the water ditches crossed by said spur track, so as to admit
of free passage of water.
(1) Said grantee, its successors and assigns shall gravel and;
maintain in good oondition at the established grade, the street
along which the track runs, to within one and one-half inches of the
top 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 thel
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supervisor of streets.
(g) Salt Lake City reserves the right to regulate and control
the spedd of all trains, engines and cars operated by the grantee,
its successors and assigns, upon the said track.
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 streets.
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,
II its successors and assigns, upon its acceptance of this franchise,
to save said city harmless from all suits, claims, demands and
judgment 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
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i reason of the granting of this franchise or by reason of the opera-
tion of said spur track; and that the grantee herein, its successors
and assigns, will pay the amount of any judgment, determination or
I; 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 suo
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suits, and an opportunity to appear to 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
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reason of the construction, operation or maintenance of said spur
II track.
Section 5. This franchise is granted for the period of
hi twenty-five (25) years from and after the passage of this ordinance.)
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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'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 a t ff t pon its
first publication.
Passed by the Board of Commissioners of Salt Lake City,
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Ordinance
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fteltaild te*NMI!,Candi*NA
sof Mood to Law DepartmM
fist 2 4 1915
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401
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