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Show LEGAL NOTICES ORDINANCE An Ordinance rrrnnHnR to the Ogden i Union Ballwaj & Depot Compan . Its successors nnd assign a frnnchlne1 nd right to construct , opera' ' nnd maintain a standnr.1 gauge ratl-j roed track over and arrows Pacific Av-f,nni Av-f,nni between Twenty eighth nd Twenty., ninth Street , and two gtondarrl gauge I railroad tru its over snd acron." Twenty-eighth Twenty-eighth Stitei between Pacific and Park I Avenues. In Ogden City. I'tah Bo It ordained bv the Board of Commis mls.'loners of Ogden City, VtAh Section 1 A franchise nd rl-lv of wa It hereb) Rien ann nsnted to ihs Ogden l'nion Kailwa and Depot Company, its uiecessors and assigns, to construct, oper-StS oper-StS and maintain n standard gani.-- rai: load track over and rros? Pacifh veni e between Twenty-eights: and Twenty ninth Ptre.-ts and two standard gauge railroad tracke over and scress Twenty-eighth Street, between Ptrie and Park A Mill In Ogden 'it.. . I lab. the canter line of aid tracks b9ing more particularly described de-scribed aa follows: Beglanlnt; t I point in the Kat line of Pacific Avenue, thirty three 33i feet east and four hundred tent;. nine and two hundredth.- (ll'J.P.'i fe.-t jouth of the- monument mon-ument at the Interse tlon of the moou ment line ot Pacific Avenue and Twenty eighth Sti eei; thence along a straight lir.? for s distance of four ami thirty six bun di-odths ! .. feet, theses along a seven degree thirt-one minute (7 dog. '1 min ) curve: to the Iclt tor a distance of two hundred lifty and eleven hundredths (gas. 11) feet, thonce along the tangent to anld rurve for a diafance of one end fifty four hundredth U SD feel to o point In the west line of Pacific Avenue, said point ix-inp thlrt three (33) feet west and one hundicd eighty two and seen tenths 'IS2 7i feel South of the monument nt the Intersection ot the moiiiimee.l lines of Pa-clfle Pa-clfle Avenue and Twent eighth Streets. I also Beginning at a ro(nt In the south line of Twenty-eighth street twenty-six and !flve tenthj (2S.B) feet south and one hun-drad hun-drad three and forty six hundredths (11 a4A) feet west of the monument at th-Intersection th-Intersection o( the monument lines of Pa-rlfle Pa-rlfle ccie Hilil Twenty -eighth Street. I thence along a seven degree thirty-one Imlnutc (7 geg. 31 mln.l curve to the right j tor n distance of SOVent) and twetlta four j hundredth? I 70 21 I feet, to : point in the north tine oi Twenty-fifc.ith street, said point being -thirty nine and five-tenths 3.5 fcM north und one hundred twenty, light t vie oiie-hundreths (12' 'Il Icel west of the monument' si the intc-i.ection of the no-iumi nt lines of Pacific Avenue land Twent) eighth Street, also Beginning at a point In the south line Of TwentN eighth Street twent six tn l five-tenths -'." feot south ?nd nlncU three and nlnety-Qve hundredths Ol.fnl !eei wont of the monument at the IntOTSOC . sir, nt II... ,r,nun,i,nl lln. nf fii. ill snns and Twent) -eighth Street, thence ' along a seven degree thlit one RltnUtM 7 deg 31 qnln.) curve to the right for a distance of Mlxty three and e en-tenths ! (63.7) feet, thence along the tangent to said curvo foe a distance of thtce and alxty-otie hundredths (3.61) feet ton point In the north lln. of Twenl eighth Street, j vld point being thirty-nine and live tenths 39.5i uet North and one hundred i even and twenty -eighth hundredths! flOT.lt) feet we:-t of the momini'nt at the' Intersection of the monument lines of Pa clflc Avenue and Twent eighth Stitets The location of said railroad tracks be ! mc morr particularly Shown in yellow I upon inr attached print, which Is hereby made a part or this ordinance. Section 2. Lining the term of this franehlse the grantee shall be subject to the following conditions: (a) Said tracks shall ie laid upon and conform to the established grade of said streets, and if said grade is afterward clianged by ordinance of the Board of Commissioners, the grantee shall, at Its own expense, f hsigS the elevation of the t-Mi-Us SO M to conform to the kame. ib) Whenever the said Miects when-such when-such tracks .ire constructed shall be paved, then ,iaid grantee. Its siic-ecisoi . : icl assigns, shall pave between the rails nnd for a space of two feet outside of each r.il. with the same material as that used m the street pavement, and all t'es shall be laid upon a coneiete base of such thickness as j-hill be directed b the Cit Engineer. (.-) Said rrantee ahall put In and main tnln sueh crossings over the said im-i-h. ahall from time to t'.rie be inquired bj the Board of Commissioner. id) The said tracks shall be laid and operated so as to cause no unnM'.f.ir impediment to the common and ordinary use of said Streets upon which they ore laid. e) Said company. Its successors nnd assigns, shall leave no material In said streets, and shall leave the streets, upon the completion of said tracks. In ns good condition for travel as it is at the pres ent time- and shall always maintain the .ame so that It will be accessible for travel f) Good end sufficient conduits to DnvS) water hall be luid and maintained in good condition at the expense of said grantee. In nil the water ditches crossed b said tracks, so as to admit of free passage of w ut- r ig) Ogden City reserves the richt to ululate and control the speed of all tialns. engines and car operatd by the (trantee. ita successors or assign, upon Lfif. ;ild tracks: which speed shall not at any time be greater than six (6) miles per hour. Section 3. Nothing In this grant shall be construed so as to prevent Ogden City oi its authorized agents, i 'ntractors. person per-son or corporation to whom a franchise may have been or may heicafter be gTant ed, from pavlnc sewering. laying gas or water mains or pipes, ottering, repairing, or In any manner Improving said streets, but nil such v orV. and hnprovenv nt . shall be made with as little Injury as practlc able to said tracks and the operation and use thereof. Section 4 The fld grantee herein. Its Ui censors and assigns, shill. and bj the acceptance of the privileges and franchise herein granted, and in consideration of the same, does bind Itself. Its successors and assigns, upon Ita acceptance of thi , franchise, to sn-e wild city harmless from I all suits, claims, demands and Judgments whatsoever, whether In law or In equl L whleh rhnll be asserted, found or rendered I in any manner whatsoever, against Mid city for injury or damage to abutting property or oiherwi.. h reason of llnv I k'rHnilng ot this franchise, or by rcnroi of tho operation of said tracks: and thai the grantee heir-in, lis successors and ap- sign. will pav th.- amount of nny Judc- ment determination or adjudication which in any suit or proceeding may or shall bo found against Ogden City Provided, hon - ) ever, that said grantee, ita auccessors an'I r -'.-rignr ahall have had notice of any such f suits and an opportunity to appear nnd de. t fend th" same: nnd said grants Its sT- I feasors nnd is.-ik.n sh.-ill ir jy in and? f defend all actions brought against Ogden 1 City for nn injury or damage by reason H of the construction, operation or malntc-. tracks. H Section 0 Thta i ranch re is pran'ed for H a period of fifty (GO) years iiom and after H the passsgs of this ordinance. H See tion r. fnle..-, this eiant and all the; H I terms and conditions thereof shall be ac H cepted in writing by the grantee herein H I within thirty days from the passage of, H this ordtn.in. I ths tn r- shall be null an I Section 7. This ordinance shall lake efjj H feet upon it? first publication. H Adopted and pataed by the Board of H Coiomtssloners of Ogden City, Utah, this H ' itith dav Ot September. A. D. 1020. bH J FRANK PRAXCIS, fH At teat: -Mayor. H C. T. UOTBS, B RecQrdar. H State of I'tah. Countv of "Weber ss. 1 C T Moves. City Kecordei of Ogden. gggggH City, I'tah. hereby certify that the nbov- H and foregoing ia a full, true und coneri H copy of an ordinance entitled' "An Ordl- H nance gi anting to the Ogden l'nion Mel' H way and Depot Company, its successors B and assipTns. n franchise and right to con ' H tru-t operate n,i maintain a standard H gauge railroad track over and across PaV 1 -lfie .nf b.-twecn Twenty eighth ami H I Twenty ninth Streets, and two stands ri H gauge railroad tracl-.g over and across Twentv eighth Street between Pacific and Park Avenues. In Ojd'n City. Utah." H adopted and passed by the Board of Com- H imiasioners of raid Ogden City on the 16th H day of September. 1920, as appears of H record In my Office, in ttnena whereof, I have hereunto set ppppj my hand ami affixed the corporate seal H ,,; , ,L- j, n 1 , i this Utb day of September,' T MOYES. sr:l.i city Recorder. H , Mlshed September i 1920. H - i |