88 of 1912 - Franchise, Oregon Short Line Railroad Company, spur track Third West. ROLL CALL Salt Lake City, Utah,.ev ! 191.`L-
VOTING Yes I No
_ I move that the ordinance be amended by
M
Keyser adding the following 60 f L
Korns - --
Lawrence ►ra`
Morris —
Mr.Chairman . . .
Result
AMENDMENT.
"Salt Lake City reserves the right, during the life of this franchise, upon three
years notice to the grantee, its successors or assigns, to terminate this franchise by
paying the said grantee, its successors or assigns, the value of the improvements
made in compliance with this franchise, at the time said termination becomes effect-
ive. The Price so to be paid to be arrived at by arbitration, to which arbitration the
said grantee, its successors and assigns, hereby agrees;the arbitrators to be selected
as follows: One by Salt Lake City, and one by the grantee, its successors or assigns,
and in the event that those two are unable to agree upon a valuation, then they shall
select a third arbitrator or referee, and the award made by them r e ll be binding
upon Salt Lake City and upon said grantee, its sue svau,. and
ROLL CALL —
?7 Salr Lake City, Utah,... .. July._.1, ..__.__..1912._. --
vo ICING Yee No I move that the ordinance be passed.
Keyser
Korns
Lawrence ... I_._.......
Mr.Chairman . . . .I
RESULT - -
AN ORDINANCE.
An ordinance granting to the Oregon Short Line Railroad
Company, and its successors and assigns, a franchise and right of
way to construct and operate one spur railroad track in Third West
Street, in Salt Lake City, Utah.
Be it ordained by the Board of Commissioners of Salt
Lake City, Utah:
SECTION I. A franchise and right of way 'gs hereby given and
granted to the Oregon Short Line Railroad Company, and to its
successors and assigns, to lay, construct and operate one spur
standard gauge railroad track upon the street hereinafter mention-
ed, to-wit:
Beginning at a point in center line of the main industry
track of the Oregon Short Line Railroad on Third West Street of
Salt Lake City, said point being Five hundred ninety-four (594)
feet, more or less, southerly from the center line of South Temple
Street; thence in a general northeasterly direction along a curve
to the right for a distance of One hundred eight,-two (182) feet,
more or less, to a point in the west line of Lot Three (3), Block
I '
Seventy-nine (79), Plat "A", Salt Lake City. Survey, said point
being One hundred forty-five (145) feet, more or less, north of
the southwest corner of said Lot Three (3)
Said spur track being more particularly shown on the
attached print, which is hereby made a part of this ordinance.
SECTIOIT II. 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 con-
form to the established grade of said street, and if said grade ii
afterwards changed by ordinance of the Board of Commissioners,
the grantee shall, at its own expense, change the elevation of tha
track so as to conform to the same.
(b) Whenever said street where said track is con--
structed 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, with ahe same material as that used in the
street 'pavement, and all ties shall be laid upon a concrete base
of such thickness as shall be directed by the City Engineer.
(c) Said grantee shall put in and maintain such cross-
ings over said spur track as shall from time to time be required
by the Board of Commissioners, and engines and cars shall not be
permitted to stand on said spur track in Third ';lest Street longer
than five minutes.
(d) The said spur track shall be laid, and the road
operated so as to cause no unnecessary impediment to the common
and ordinary use of saia street upon which it is laid.
(e) Good ana sufficient conduits to convey water shall
be laid and maintained in good condition, at the expense of said
grantee in all the water ditches crossed by said spur track, so
as to admit of free passage of water.
(f) 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 spur track aforesaid.
SECTION III. Nothing in this grant shall be construed so
as to prevent Salt Lake City or its authorized agents, contractors,
persons or corporation to whom a franchise may have been, or may
hereafter be granted, from paving, severing, 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 t..;ud the operation thereof.
SEC'TIOI IV. The said grantee herein, its successors and
assigns shall, and by the acceptance of the privileges and fran-
chises 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, de-
mands and judgments whatsoever, whether in law or in equity, which
2.
I �
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; 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 ;,hall be found against Salt Lake Cityrovided, however,
that said grantee, its successors or assigns, shall have had no-
tice
of any such suits and an opportunity to 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 construction, operation or main-
tenance of said spur track.
SECTION V. This franchise is granted for a period of twenty
five years from and after the passage of this ordinance.
SECTION VI. 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
said track be constructed within one year from.the date of such
passage, then this ordinance shall be null and void.
- SECTION VII. This ordinance shall take effect upon its
first publication. -AAA- !b
Passed by the Board of Commissioners of Salt Lake
City, Utah, 2XxxxJuly 1stL, 1912.
ALIO . . .iII
// i y eco der.
ah irr�an � —
3.
strutted 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, with ":he same material as that used in the
street pavement, and all ties shall be laid upon a concrete base
of such thickness as shall be directed by the City Engineer.
(c) Said grantee shall put in and maintain such cross-
ings over said spur track as shall from time to time be required
by the Board of Commissioners, and engines cars shall not be
permitted to stand on said spur track in Third Test Street longer
than five minutes.
(d) The said spur track shall be laid, and the road
operated so as to cause no unnecessary impediment to the common
and ordinary use of laic street uponwhich it is laid.
(e) Good ens sufficient conduits to convey water shall
be laid and maintained in good condition, at the expense of said
grantee in all the water ditches crossed by said spur track, so
as to admit of free passage of water.
i-1,o r,m7t i:n raau1ate and
(g) That said spur track shall be laid upon a base of such
proportion and upon ties o£ such construction as shall be directed
by the City Engineer, and so as to conform to the established grade
of said Third West Street. That if in putting in said spur track,
said grantee shall remove or in any manner interfere with the pave-
ment, curb, gutter, waterway or sidewalk on said street, it shall
re-place such sidewalk, and such curb so far as possible, and re-
place said pavement and construct a waterway under said spur track
according to the annexed blue print, which is made a part of this
franchise.
said street, but all such improvements shall be made with as little
injury as practicable to said spur track nd the operation thereof.
SECTIC1 IV. The said grantee herein, its successors and
assigns shall, and by the acceptance of the privileges and fran-
chises herein granted, and in consideration of the same, doss bind
itself, its successors and assigns, upon its acceptance of this
franchise, to save said city harmless from all suits, claims, de-
mands and judgments whatsoever, whether in law or in equity, which
2.
Ili
STATE 02 UTAH, CITY AND COUNTY 02 SALT LAKE: ss.
I, Noble larrum, City Recorder of Salt Lake City, Utah,
do hereby certify that the above and foregoing is a full, true
and correct copy of an ordinance entitled, "An ordinance granting
to the Oregon Short Line Railroad Company, and its successors and
assigns, a franchise and right of way to construct and operate
one spur railroad track on Third 'West Street, in Salt Lake City,
Utah, passed by the Board of Commissioners of Salt Lake City, Utah,
June , 1912, as appears of record in my office.
In witness whereof, I have hereunto set my hand and
affixed the corporate seal of said City, this day of June,
1912.
i y ecorder
Bill Co.
-
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