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84 of 1915 - Substitute for Bill No. 82, Franchise to Oregon Short Railroad Company for spur track in Fourth West ROLL CALL VOTING Yee No '44b Shearman Wells plow tha1 tc ovt!inance 1,!. Lawrence Morris Mr.Chairman A 4 Result Salt Lake city,Utah,...r,i' 25, 1915 19. AN ORDINANCE . An ordinance granting to the Oregon Short Line Railroad Company, its suooessors and assigns, the right to construct, main- tain and operate a standarg gouge 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 City, Utah: SECTION 1. A franohise 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 center 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 traok of the Oregon Short Line Railroad, one hundred eighty-nine and eight-tenths (189.8) feet south and twenty-one and fourteen- hundredths (21.14) feet east of the monument at the intersection of First South and Fourth West Streets; thence southerly along a ourve to the left, with a radius of four hundred sixty-one and seventy-three hundredths (461.73) feet for a distance of sixty-fiv. 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, Plat "A", Salt Lake City Survey, and two hundred eighty-four and nine-tenths (284.9) feet south of the northwest corner of said. Block 65. Said spur track being more particularly shown on the attache. 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 commiaeioners, the grantee shall, at its own expense, change the elevation of the tracks so as to conform to the same. -1- (bI Whenever said street where such track is construoted shall be paved, then said grantee, its successors and assigns shal CCtu� pave between the rails for a space of two feet outside of each rai , r with the same material as that used in the street pavement, and al ties shall be laid upon a. cement base of such thiokness as shall b. directed by the city engineer. (o) Said grantee shall put in and maintain such crossings over 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 so as to cause no unnecessary impediment to the common and ordiner' use of said street upon which it is laid. (e) Good and sufficient conduits to convey water shall be laid end maintained in good condition at the expense of the said grantee, in all the water ditches orossed by said spur track, so as to admit of free passage of water. (f) Said grantee, its successors and assigns shall gravel an. maintain in good condition 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, end for a distance of twent-- five feet on each side of the outer fail, subject to the approval of the supervisor of streets. (g) 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. SECTION 3. Nothing in this grant shall be so construed as to prevent Salt Lake City or its authorized agents, contractors or person or oorporation to whom a franchise may have been or may hereafter be granted, from paving, severing, laying gas or water mains, pipes or conduits, altering, repairing, or in any manner improving said streets. SECTION 4. Said grantee herein, its suooesmors 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 judgmentbwhatsoever, 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 operation of said spur track; end that the grantee herein, its successors end assigns, will pay the amount of any judgment, deter mination 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 notio> of any such suits, and an opportunity to appear tlhe defend the same; and said grantee, its successors and assigns shall appear i. 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 period of twenty-five (25) years from and after the passage of this ordinano ; provided, however, that if for a period of nine consecutive months during the life of this franchise, the said spur track is not used for the express purpose for which this franchise is granted, this franchise shall be null end void, and if so ord.red by the Board of Commissioners, said spur track shall within thirty days there- after, be removed and the street restored to the condition existin: prior to the construction of the same. SECTION 6. Unless this grant and all the terms and oonditio thereof shall be accepted in writing by the grantee herein within w3. 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 upon its first publication. • w Passed by the Board of Commissioners o Salt Lake City, Utah, June , 1915. / M a y o r . City Recorder. ^4- # ,t � f 1��3 15t9 I J e 4ti ' i i\ X \\ ' \ \ '� tro �, is, y ioy�C9�e eat, C., � 1 1 7,� z 11 1S.t3 or h 3 A C. \ 8 1 C d W i 18 < 1 i \ t � � , I 't\\'''4's s''''''',A; \- i'. ,, \ ''' y - t I ` \L N il0 yy 6 ✓ fFCd r 1 i � o, 7 3,, s,. I e ) � i' 1 i 77#77.:\1 .,-, �a ��. ,�i I, I I I,\ r /J f II r l \lii .. �.._ ..._.. ., IA }I I \' EY�kCY�3Tl uTiHCj�T,LI1Mt— . /7,7 1 _ ...r 1futon,'0 , .-. -.,.� + ��� � `i p G-r��UTAH , ' 1Rtca Sea pvr'F0! UTAH : \ { [ 1 i (erce •S.Q r. a, F c.. e 1t0.1da. I X I I 00 Qc 1y42G c. suo I o�G5-P.GC 91 � � u29 i (/J>7/ • I — • .4!. r g49 , , •C,9 •-• r ; • 01 ys oo