Show AX AN ORDINANCE AN ORDINANCE GRANTING TO THE Electric Railroad Company its successors and assigns a franchise and right of way to construct maintain and operate a single spur track on Hot Springs street in Salt Lake city CUy Be lie It ordained by the Board of Corn Com missioner Of Salt Lake City Utah SECTION 1 A franchise and right or of way i H hereby granted to the Bamberger Barn Bam berger Electric Railroad Company Its successors and assigns to construct maintain and operate a single spur track upon Springs Street In Salt Lake City the center line of said spur track being described as follows Commencing on the center line lino of the Last East track of the Bamberger Electric Elec Elec- Railroad Company at a point 14 14 feet from the tho northerly end of Hot Springs Street which point la is 6 6 feet easterly of the center lIn of A i d r r If continued North 44 deg 01 mm West and running thence southeasterly on a curve to the left of feet radius feet South 60 dog deg 01 mm East 93 thence on a curve to the tho right of feet radius feet thence South 44 dog deg 01 ol mm East parallel to and S 81 feet from the thc Easterly line lino of Hot Springs Street 1003 feet to a point feet South 44 deg 01 Oi mm East of the South line produced d of Lot 1 1 Block 1 1 Mack addition SECTION 2 During the term of this franchise the tho grantee shall bo be subject to the following conditions viz a That salt said spur spur- track shall be laid upon and conform to the established grade of said street and If said grade Is afterward changed by nance Board of Commissioners the grantee shall at Its own expense change the tho elevation of the tho track so as to conform to the same b Whenever said street where said track Is constructed shall be paved pared re- re paved resurfaced or repaired then said grantee its successors and assigns shall pave resurface or repair between the rails and for a space of two 0 sect outside of each rail w with the thc same kind of material used on said street with such other material as may be approved by the Board of Commissioners Corn Com missioners and all ties shall be laid upon a concrete base of such thickness as shall bo be directed by the City En En- nine er c Good and sufficient conduits to convey water shall bo be laid and main main- tamed In good condition at the ex cx- pense of said grantee in all water ditches crossed by said spur track so as o admit of free passage of water d That said grantee shall be permitted per per- to let freight cars stand on said spur track and to use said spur sour track for loading and unloading purposes Until un Un- til such time as the City may wish to tomake tomake make Hot Springs Street a thor thor- ou e The said track shall shaU be laid and operated so as to cause no unnecessary Impediment to the common and ordinary ordinary nary uso of said street upon which It Is laid from and after such time as the tho Board of Commissioners shall indicate that said street shall bo be open for public use as a street or highway f Said grantee shall put pot In and maintain such crossings over said track and gravel gravol the tho same so that they may be crossed as the thc Board of Commission Commission- Commissioners ers era shall from time to time require g gJ That if In putting In said spur track said grantee shall remove or orIn In any manner Interfere with the pavement pave Pave- moat ment sidewalk curbs gutters or waterways on said street At It shall re re- 1 ou u a v tue same une or such other m material as shall bo be ordered by the tho Board of Commissioners and shall replace such sidewalks curbs gutters and waterways to the tho satisfaction tion of the tho Supervisor of Streets and shall so construct the gutters and waterways that they will allow the free passage of water to the satisfaction of said aid Supervisor of Streets SECTION 3 Nothing In this grant shall be construed so as to prevent Salt Lake City or its Ita authorized agents contractors persons or corporations to whom a franchise may have been or ormay ormay may hereafter be granted from paving ing laying gas or water mains or pipes altering repairing or In any manner Improving said aid street but all such Improvements shall be made with as s little Injury as practicable able to said spur track and the thc tion thereof SECTION 4 The Tho said grantee herein here here- in in Its successors and assigns shall and by the thc acceptance of the privileges and franchises herein granted and In consideration consideration con con- of the same does bind It Itself Itself It- It self its successors and assigns upon Its acceptance of this franchise to save the thc city harmless from nil all suits claims demands and Judgments whatsoever whether In law or In equity which shall be asserted found or rendered in Iii any manner whatsoever against said City for Injury or damage to abutting property personal injury or otherwise by reason of the granting of this fran franchise ran ran- chise or by reason of the operation of said spur track and that the tho grantee Us its successors and assigns will pay the amount ot oL any Judgment determination I or adjudication which In any suit or proceedings may or shall be ie found against Salt Lake City provided however how how- however ever that said grantee its successors and assigns shall have had notice of any such suits and an art opportunity to appear and defend the same and the tho said grantee its successors and assigns assigns as as- signs shall appear in and defend all actions brought against Salt Lake City for any Injury or damage by reason of the tho construction operation or maintenance ance of said spur track SECTION 5 This franchise shall ex expire ox- ox pire on the first day o of July 1955 unless un an- less the tho Board of Commissioners of x Salt Lake City shall prior to said date determine to open said Rot Hot Springs Street as a public thoroughfare and upon such action shall give six months months' written notice to said Bamberger Electric Electric Elec Elec- Railroad Company to remove the spur track which may be constructed under this franchise Iron said street and shall grant to said Bamberger Electric Railroad Company the right to construct its track across said street and Into the property of Block One 1 IK Mack Addition and upon failure of said railroad company to so remove said spur track upon such notice the tho city may remove the tho same and collect the cost thereof from said railroad company corn com pany provided however that If for a period of nine consecutive months during during dur dur- ing the thc life of this franchise said track or any part thereof Is not used for the thc purpose for which this franchise Is granted or If there la is a substantial abandonment of the tho use of said track or any part thereof this franchise shall bo be voidable at the tho option of the Board of or Commissioners and if It so ordered by the tho Board of Commissioners said track shall within 30 days after notice be hy by said grantee removed from the thu street and the tho street restored to a condition condition con con- uniform with the thc balance of said raid street with respect to grade materials and construction to the satisfaction of ol time the supervisor of streets In the tho event of failure of said grantee to remove said track and to restore said street upon said notice and within thirty days thereafter the work may be done by Salt Lake City at the expense of said grantee SECTION 6 Unless this franchise and nil all time the terms and conditions thereof there hero of shall bo be accepted In writing by the tho grantee herein within thirty days after this ordinance becomes effective anti and unless said track bo be constructed within with with- in one year from the tho effective date thereof then this ordinance shall bo be null and void SECTION 7 This ordinance shall take effect thirty one days after it Its passage Passed by the tho Board of Commissioners Commission Commission- ers of Salt Lake City Utah this day of Juno June A. A D. D 1920 T. T T. T BURTON Temporary Chairman Attest W. W A. A LEATHAM City Recorder DILl BILL NO 76 Published Juno June 1920 1020 J S 'S |