HomeMy WebLinkAboutORDINANCE NO. 86559-'7
ORDINANCE NO. 8655
An Ordinance granting to the Southern Pacific Company, its lessees,
successors and assigns, as the successors in interest of Oregon and California ~
Railroad Company, the right, privilege and franchise to establish, lay down, ~
construct, maintain and operate a single standard guage railway spur track over
and across a certain portion of Pearl Street, in the City of Eugene, Oregon,
subject to certain conditions and restrictions hereinafter set forth. ~
THE CITY' 4F EUGENE DOES ORDAIN AS FOLLOWS: ~'
Section 1. That there be and is hereby granted unto the Southern Pacific
Company, a corporation organized and existing under the laws of the State oP Oregon;
its lessees, successors and assigns, the right, privilege and franchise for and
during the period of twenty years from and after the taking effect of this ordinance
to establish, lay down, construct, equip, maintain and operate a single standard ~
guage railway spur track over and across Fearl Street in the City of Eugene, Oregon;
the description of the center line of said spur track across said Pearl-Street,
being as follows, to-wit:
Beginning at a point on the West line of Pearl Street,
in the City of Eugene, 182 feet, more or less, North
of the North line of Fifth Street, and running in a
Southeasterly direction across Pearl Street, and inter-
secting the East line thereof at a point 147 feet, more
or less, North of North line of said Fifth Street, -All
in the City of Eugene, Lane County, Oregon:
Section 2. Said spur track shall be so constructed as to be laid on a
level and flush with the grade of said Pearl Street as the same is now established
in the City of Eugene so as not to.interfere unnecessarily with the public use of
such street; whenever the grade of said street shall be changed by said City of ~
Eugene, said Southern Pacific Company, or its successors in interest shall change
said track to conform to such change of grade.
Section 3. Said Southern Pacific Company, its successors and assigns,
shall have the right to do all necessary excavating or grading for the,~onstruction,
repair and maintenance of said tracks but all portions of said street so excavated
or graded must be replaced in as near the original condition as practicable and
said Company, its successors or assigns, shall during the Life of this franchise,
keep the portion upon said street upon which the track is maintained in as good
condition and repair as the remainder of said street is maintained for the whole
width of said railroad track and between the rails of said track and for a width
of one foot outside the rails of said track and in the event the adjacent portions
of said street shall be improved by the city with hard surface pavement, said
Company, its successors or assigns, shall improve the portions of said street last
above described with hard surface pavement similar in character and equally as
good as that placed by the city on said adjacent portions of said street.
Section 4. The privileges, rights and franchises herein granted are upon
the condition that the Southern Pacific Company, its successors or assigns, shall
within thirty (30 days) from the date this ordinance becomes effective, file with
the City Recorder, a written acceptance of its provisions.
Section 5. Inasmuch as there is no gross income Prom the use of said ~
spur, no provision is made for compensation.
Section 6. It is a condition of this franchise that in case the City of ~
Eugene shall acquire this utility or any utility embracing this utility, by purchase,
condemnation or otherwise, the price to be, paid by the city shall exclude the value
of any franchise oP any prerogative of sovereignty granted by the City and connected
with such public utility.
Passed by the Common Council Approved by the Mayor this
this 9th day of Sept. 1940 10th day of Sept,, 1940
s C, M. Bryan _~s/ Elisha Lame „_, _,~______