93 of 1911 - Ordinance 93 of 1911 – Franchise, O.S.L.R.R. Co., spur track in 3rd West & 4th South Street. AN ORDINANCE .
An ordinance granting to the Oregon Short Line Railroad. Com-
pany, its successors and assigns, a franchise to construct, main-
• tain and operate a spur railroad track in Third West Street, begin
ning at a point approximately one hundred sixty (160) feet north
of the north line of Fourth South Street, and extending thence in
a general southerly direction six hundred (600) feet, more or less
to Lot eight (8), Block forty-four (44), Plat "A", Salt Lake City
Survey, at a point on the south side of Fourth South Street, and,
eight (8) feet west of the west property line of Third West Street
in Salt Lake City, Utah.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That the Oregon Short Line Railroad Compny, its
successors and assigns, have the authority and consent of the City
Council of Salt Lake City, and permission is hereby granted it, to
construct, maintain and operate a switch or spur standard gauge
railroad track, leading from the westerly of the tracks now main-
tained by it in Third West Street, commencing at a point in the
center line o" the west main track of the Oregon Short Line Rail-
road on Third West Street, Salt Lake City, which point is 225.59
feet north and 5 feet west of the street monument at the intersec-
tion of Third West and Fourth South Streets: thence southwesterly
on a 7 deg. 31' 04" curve to right a distance of 84.595 feet con-
suming an angle of 6 deg. 21' 35"; thence southwesterly on a 20 de:,.
7.9.424 1s°
curve to right a distance of feet consuming an angle of#.
53 . ®,5"
deg. 41111V.AnW to a point which is in the south property line pro-
ducted of Lot 1, Block 47, Plat "A", Salt Lake City Survey and
feet east of the southeast oornor of said Lot 1; thence continuing
25.211
on some 20 deg. curve a distance of£1.41 feet consuming an angle
5'
.9 } 3.2"
of 4 eteg. i -51 "; thence southwesterly on a 20'deg. curve to left
113.sza ✓ 4Z - Ib"
a distance of 113.598 feet, consuming an angle of 22 deg. 17)-1 11"
to a point in the south line of Fourth South Street, which point 1=
68 feet south and tb feet west of the street monument at the inter
93
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section of Third West and Fourth South Streets, Salt Lake City, Ut-i.;
ce-c-c'
said awitch or spur track being delineated in yellow^on the drawin
hereto annexed and made a part of this franchise.
SECTION 2. The rights and franchise hereby granted are for
the term of twenty-five (25) years from the date of passage and ap-
proval hereof, and are granted upon the following conditions,
namely:
1st. Said tra.ok shall be laid upon and conform to the estab-
lished grade of said street, and if such grade is afterwards change.
by order of the City Council, said grantee shall, at its own expens- ,
change said track so as to conform to the same.
2nd. Whenever said Fourth South Street or Third West Street
shall be paved, then daid grantee, its successors or assigns, shall
pave between the rails and for a space of two feet outside of each
rail with the same material as that used in the street pavement, an.
all ties shall be laid upon a cement base of such thickness as shall
be directed by the City Engineer.
3rd. The said grantee, its suocessors and assigns, shall put
in and maintain such crossings over such switch or spur track as
shall from time to time be required by the City Council, end neith.r
engines nor oars shall be permitted to stand on either of the
streets mentioned in this franchise longer than five minutes.
4th. Good and sufficient conduits to convey water shell be
laid and maintained in good condition, at the expense of Laid
grantee, its successors and assigns, in all water ditches crossed
by the said switch or spur track, so a.s to admit of free passage
of water.
5th. The said switch or spur track shall be laid and shall b
operated so as to cause no unnecessary impediment to the common an.
ordinary use of streets upon which it is laid.
6th. Said grantee, its sueoescors or assigns, shall gravel
and maintain in good condition at the established grade, t'to streets
along and across which said spur track shall run to within one and
one-half inches of the top of the outer rails, and for a distance
of 25 feet on each side of the outer rails, subject to the approve.
of the Supervisor of Streets, until such time as either or both of
said streets are paved.
7th. Salt Lake City reserves the right to regulate and control
the speed of all trains, engines and care operated by the grantee,
its successors or assigns upon the spur track aforesaid.
8th. ltothing in this grant shall be so construed as to ,preven
Salt Lake City or its authorized agents, contractors, person or
corporation to whom a franchise may have been or may hereafter be
granted, from paving, sewering, laying gas or eater mains, pipes or
conduits, altering, repairing or in any manner improving said
streets, but all such work and improvements shell be done and made
with as little injury as practicable to said spur track and. the
operation thereof.
9th. The said grantee herein, its suceessors and as ions,
shall, and by the acceptance of the privileges and freiichises 'xierei.
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-
ment whatsoever, whether in law or in equity, which shall be assert>d,
found or rendered in any manner whatsoever, against said city for
injury or damages to abutting property or otherwise, by reason of
the granting of this franchise, oe by reason of the operation of
said spur track; and that the grantee herein, its successors and
assigns, will pay the amount of any judgment, determination or adju
dictation which, in any suit or proceedings may be or shall be found
against Salt Lake City; erovided, however, net said grantee, its
successors and assigns, shell have hod notice of ,my such suits, ani
an opportunity to appear and defend the store; and said grantee, it:
successors and assigns, shall appear in and defend all actions brou::ht
-a-
against Salt Lake City for any injury or damage by reason of the
construction, operation, or maintenance of said spur track.
10th. Unless this grant and all the terms and conditions
thereof, shall be accepted in writing by the grantee herein within
thirty days from the approval of this ordinance, and unless said
track be constructed within one year from the date of such approval,
this ordinance shall be void and of no effect.
SECTION 3. This ordinance shall take effect.upon approval.
, t.
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Passed by the ,.City Council of Salt Lake City,Uta Sep(hor
25th, 1911, and referred to the "ayor pro.`J`/
--3--, refer.
Approved this .2C day of Septenb , 1911,
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