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Show AN ORDINANCE. An ordinance granting to tho Oregon Short Line Railroad company, its successors suc-cessors and assigns, a franchise and right of way to construct, maintain and operate oper-ate a single spur railroad track upon a portion of Third West street and on and across Seventh South street, In Salt Lake City. Utah. Be It ordained by the City Council of Salt Lake City. Utah: Section 1. A franchise and right of way Is hereby given and granted to the Oregon Short Line Railroad company. Its successors and assigns, to lay, construct, maintain and operate a single spur standard stand-ard gauge railroad track on a portion of Third West street and across Seventh Soutli street in Salt Lake City, Utah: said spur track to commence at a point in the east main track or the Oregon Short Line Railroad company on Third West street 129.3 root north or the north line or Seventh South street, shown In yellow on the blue print hereto attached, marked "Exhibit A" and made a part or this rranohlse: thence southeasterly on a 12-degrec, 2G-mlnute, 34-sccond curve to the left, a distance of G5.6 feet, thence on an 18-degree curve to the left, a distance dis-tance of 103.5 feet, thence continuing southeasterly 011 a tangent 79.4 feet, thence on a 20-degree curve to the right, a distance of 30 feet to the north line of Seventh South street, where, the said spur track enters lot 5, block 12, plat A, Salt Lake City survey, as shown on said blue print, hereto attached Sec. 2. During the term of this franchise fran-chise the grantee shall be subject to the following conditions: The said spur track shall be laid upon and conform to the established grade or said streets, and ir said grade is artor-ward artor-ward changed by ordinance or the City Council the grantee shall, at Us own expense, ex-pense, change the elevation of the track so as to conform to the same. Whenever said streets where such track Is constructed shall be paved, then said grantee, its successors and assigns, shall pa-e 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 Said grantee shall put In and maintain such crossings over said spur track as shall from lime to time be required by the City Council. The said spur track shall be laid, and the road operated so as to cause no unnecessary un-necessary Impediment to the common and ordinary use of said street upon which it Is laid. Good and sufficient boxes 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 or water Sec. 3 Nothing In this grant shall be. construed as to prevent Salt Lake City or Its authorized agents or contractors from paving, sewering, laying gas or water mains or pipes, altering, repairing repair-ing or In any manner improving said street, but all such Improvements, shall be made with as llttlo injury as practicable practica-ble to said spur track and the operation thereof. Sec. 4. Tho said grantee horeln. Its successors and assigns, shall, and by the acceptance of the privileges and franchises fran-chises herein granted, and in consideration considera-tion of the same, does bind itself. Its successors and assigns, upon its accept ancc of this franchise, to save said city harmless from all suits, claims, demands and judgments whatsoever, whether in law or in equity, which shall be asserted, round or rendered In any manner whatsoever, what-soever, against said city for injury or damage to abutting property or otherwise, other-wise, by reason or the granting of tills franchise or by reason of the operation of said spur track; nnd that tho grantee herein, its successors and assigns, will pay the amount of any judgment, determination de-termination or adjudication which, In any suit or proceedings, may be or shall be found against Salt Lake City; provided, however, that sald grantee Its successors succes-sors and assigns, shall have had notice 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 maintenance of said spur track. See. 5. This franchise is granted for a period of fifty (50) years from and after the approval of this ordinance. Sec. 6. Unless this grant and all the terms and conditions thereof shall bo accepted ac-cepted in writing by the grantee herein within thirt.v (30) days from the approval of tho ordinance, and unless said track bo constructed within one year from tho date of such approval, then this ordinance ordi-nance shall be null and void. Sec. 7. This ordinance shall take effect ef-fect upon approval and acceptance. Passed by the City Council of Salt Lake City. Utah. September S, 1909. and referred re-ferred to the Mayor for his approval. J. B. MORETON. City Recorder. Approved this 9th dny of September. 1909. J. S. BRANSFORD. Mayor. Stale of Utah, city and county of Salt Lake ss. I. J. B. Moreton, City Recorder of Salt Lake City. Utah, do hereby certify that tlie above and foregoing Is a full, true and correct copy of an ordinance entitled. en-titled. "An ordinance granting to the Oregon Short Line Railroad company. It3 successors and assigns, a franchise and right of way to construct, maintain and operate a single spur railroad track upon a portion of Third West street nnd on and across Seventh South street, in Salt Lake Clly. Utah." passed by tho City Council of Salt Lake City. Utah. September Septem-ber 8, 1909, and approved by the Mayor. September 9. 1909. as appears of record In my ofrico. In witness whereof T har- hereunto set my hand and affixed the corporate seal of said city, this 9th day or September, 1909. (Seal.) J. B .MOREON, City Recorder. Bill Xo 133. |