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9 of 1923 - Franchise to Oregon Short Line Railroad Company spur track across 8th West, south of 13th North VOTING AYE NAY Salt Lake City,Utah, Mar. 15 ,192 3 Barnes I move that the ordinance be passed. Burton Green Stewart Comraissioner of Streets c Public IniproverzentS Mr. Chairman Result AN ORDINANCE granting to the OREGON SHORT LINE RAILROAD COMPANY, its successors and assigns, the right to construct, operate and maintain, a standard gauge railroad track over and across Thirteenth North Street and Grant Street of Empire Addition to Salt Lake City, Utah, and over and across Eighth west Street of Superior Sub-Division to Salt Lake City, Utah. BB IT ORDAINED, by the Board of Commissioners of Salt Lake City, Utah: Section 1: A franchise and right of way is hereby grant- I old to the Oregon Short Line Railroad Company, its successors and assigns, to construct, operate and maintain a standard gauge railroa• track over and across Thirteenth North Street and Grant Street of Empire Addition to Bait Lake City, Utah, and over and aorose Eighth West Street of Superior Sub-Division to Salt Lake City, Utah, the center line of said track being more particularly described as follows:- Beginning at a point in the south line of Thirteenth North Street, which is also the south line of Section Twenty-three (23), Township One (1) Worth, Range One (1) West, Salt Lake Meridian, one hundred twenty-seven (127.0) feet west of the southeast corner of said Section twenty-three (23); thence westerly along a curve to the left having a radius of four hundred sixty-one and seven tenths (461.7) feet for one hundred eight and five tenths (108.5) feet to a point in the north line of Thirteenth North Street two hundred twent - four and nine tenths (224.9) feet east of the southwest corner of Block One (1) of Empire Addition to Salt Lake City; also Beginning at a point in the east line of Grant Street eigh and five tenths (8.5) feet north of the Southwest corker of Block 1 One (1) of Empire Addition to Salt Lake City; thence west sixty-six (66) feet to a point in the west line of Grant Street eight and five tenths (8.5) feet north of the southeast corner of Block Two (2) of Empire Addition to Salt Lake City; also Beginning at a point in the east line of Eighth West Stres eleven and five tenths (11.5) feet aO� of the southwest corner of -1- Block Five (5) of Superior Sub-Division to Salt Lake City; thence westerly along a curve to the right having a radius of four hundred twenty-seven and five tenths (427.5) for a distance of sixty-seven and four tenths (67.4) feet to a point in the west line of Eighth West Street twenty-four and six tenths (24.6) feet north of the ' southeast corner of Block Six (6) of Superior Sub-Division to Salt Lake City, Utah. The location of the center line of said traok being more particularly shown in yellow upon the attached print, which is here- , by made a part of this Ordinance. Section 2: During the term of this franchise the grantee shall be subject to the following conditions: (4) That said track shall be laid over and across said streets so as to not interfere with vehicle traffic over same, and that the approaches to said track shall be properly graded with such material as may be approved by the Board of Commissioners. (b) Whenever said streets where said track is oonstructe shall be paved re-surfaced or repaired, then said grantee, its suc-I censors and assigns, shall pave, re-surface or repair between the rails and for a space of 2 feet outside of each rail with the same kind of material used on the said streets, or with such other mate- rial as may be approved by the Board of Commissioners, and all ties shall be laid upon a concrete base of such thickness as shall be directed by the City Engineer. (c) The said track shall be laid and the road operated 1 so as to cause no unnecessary impediment to the common and ordinary use of such streets upon which it is laid. (d) Salt Lake City reserves the right to regulate and control,the speed of all trains, engines and oars operated by the grantee, its successors and assigns, upon the said track. (e) That if in putting in said track said grantee shall remove or in any manner interfere with the pavement, sidewalks, curbs, or gutters on said streets it shall replace such pavement witl the same or such other material as shall be ordered by the Board of i' -2- I Commissioners and shall replace suoh 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 satisfaetion of the Supervisor of Streets. (f) Said grantee shall put in and maintain such crossing over said track as shall from time to time be required by the Board of Commissioners. (g) Good and sufficient conduits to convey water shall b I laid and maintained in good condition at the expense of said grantee' • j in all water ditches orossed by said track, so as to admit of free 1 passage of water. Section 3: Nothing in this grant shall be so construed as to prevent Salt Lake City or its authorised agents, contractors, or person or corporation 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 im- proving said streets. Section 4: Said grantee herein, its successors and as- signs, shall and by the acceptance of the privileges and franchises j 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 judg manta whatsoever, whether in law or in equity, which shall be as- serted, 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 er' the construction or operation of said 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 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 such suits, and an opportunity to appeal and defend the same, and said grantee, its successors and assigns, shall appear in and defend all actions brought against Salt Lake Cit for any injury or damage by reason of the construction, operation or, maintenance of said track. A 1 Section 6: This franchise is granted for the period of twenty-five years from and after the passage of this ordinance, pro- vided, however, that if for a period of nine consecutive months dur- ing the life of this franchise, said track is not used, or if there is a substantial abandonment of the use of said track for said pur- poses, said franchise shall be voidable at the option of the Board ,d6Omioners; and if so ordered by the Board of Commissioners, ,,,A4,. ' k shall. Within thirty days thereafter, be removed and the ; ee d' kestored a condition uniform with the balance of said °i etsYith reap ` t to `gtdde, materials And construction, and to . faction the Oitpervisoi. of Streets. In the event of fail- c.;. ,\ , id ra compaay to remove said track and restore said 1 _I11 t fOtaAu`pon sucl 7no't3oe, 'lad within'said thirty days, the said work ,t, . ne by st Lake Ciy at the expense of said railroad oom- 'p .� ,'�, 14 Section 6: Unless this grant and all the terms and condi- tionsi,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. Section 7: This ordinance shall take effect thirty-one days after its passage. PASSED by the Board of Commissioners of Salt Lake City, Utah w'"'' HS i� 3 . y , _7_,_ -e_e_4-1 yor. iC t Recorder. 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