9-'7
<br />ORDINANCE NO. 8655
<br />An Ordinance granting to the Southern Pacific Company, its lessees,
<br />successors and assigns, as the successors in interest of Oregon and California ~
<br />Railroad Company, the right, privilege and franchise to establish, lay down, ~
<br />construct, maintain and operate a single standard guage railway spur track over
<br />and across a certain portion of Pearl Street, in the City of Eugene, Oregon,
<br />subject to certain conditions and restrictions hereinafter set forth. ~
<br />THE CITY' 4F EUGENE DOES ORDAIN AS FOLLOWS: ~'
<br />Section 1. That there be and is hereby granted unto the Southern Pacific
<br />Company, a corporation organized and existing under the laws of the State oP Oregon;
<br />its lessees, successors and assigns, the right, privilege and franchise for and
<br />during the period of twenty years from and after the taking effect of this ordinance
<br />to establish, lay down, construct, equip, maintain and operate a single standard ~
<br />guage railway spur track over and across Fearl Street in the City of Eugene, Oregon;
<br />the description of the center line of said spur track across said Pearl-Street,
<br />being as follows, to-wit:
<br />Beginning at a point on the West line of Pearl Street,
<br />in the City of Eugene, 182 feet, more or less, North
<br />of the North line of Fifth Street, and running in a
<br />Southeasterly direction across Pearl Street, and inter-
<br />secting the East line thereof at a point 147 feet, more
<br />or less, North of North line of said Fifth Street, -All
<br />in the City of Eugene, Lane County, Oregon:
<br />Section 2. Said spur track shall be so constructed as to be laid on a
<br />level and flush with the grade of said Pearl Street as the same is now established
<br />in the City of Eugene so as not to.interfere unnecessarily with the public use of
<br />such street; whenever the grade of said street shall be changed by said City of ~
<br />Eugene, said Southern Pacific Company, or its successors in interest shall change
<br />said track to conform to such change of grade.
<br />Section 3. Said Southern Pacific Company, its successors and assigns,
<br />shall have the right to do all necessary excavating or grading for the,~onstruction,
<br />repair and maintenance of said tracks but all portions of said street so excavated
<br />or graded must be replaced in as near the original condition as practicable and
<br />said Company, its successors or assigns, shall during the Life of this franchise,
<br />keep the portion upon said street upon which the track is maintained in as good
<br />condition and repair as the remainder of said street is maintained for the whole
<br />width of said railroad track and between the rails of said track and for a width
<br />of one foot outside the rails of said track and in the event the adjacent portions
<br />of said street shall be improved by the city with hard surface pavement, said
<br />Company, its successors or assigns, shall improve the portions of said street last
<br />above described with hard surface pavement similar in character and equally as
<br />good as that placed by the city on said adjacent portions of said street.
<br />Section 4. The privileges, rights and franchises herein granted are upon
<br />the condition that the Southern Pacific Company, its successors or assigns, shall
<br />within thirty (30 days) from the date this ordinance becomes effective, file with
<br />the City Recorder, a written acceptance of its provisions.
<br />Section 5. Inasmuch as there is no gross income Prom the use of said ~
<br />spur, no provision is made for compensation.
<br />Section 6. It is a condition of this franchise that in case the City of ~
<br />Eugene shall acquire this utility or any utility embracing this utility, by purchase,
<br />condemnation or otherwise, the price to be, paid by the city shall exclude the value
<br />of any franchise oP any prerogative of sovereignty granted by the City and connected
<br />with such public utility.
<br />Passed by the Common Council Approved by the Mayor this
<br />this 9th day of Sept. 1940 10th day of Sept,, 1940
<br />s C, M. Bryan _~s/ Elisha Lame „_, _,~______
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