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HomeMy WebLinkAboutORDINANCE NO. 8790 2`7~ ORDINANCE TRIO. 8790 An Ordinance granting to the SOUTHERN PACIFIC COA.rPATti't?, a corp- oration, created by and existing under laws of the State of Kentucky, its succes~¢r~~,rlessees~and assigns, as the succors in interest of A. C. Jennings, the right, privilege and franchise to establish, lay down, construct, maintain and operate a single standard gauge railway spur track over and across a certain pmrtion of Fourth Avenue west, in the City of Eugene, Oregon, subject to certain conditions and restrictions hereinafter set forth. ~ THE CITY OF EUGEArE DOES 0~'DAIN A~~ FOLLOWS: Section 1., That there be and .is hereby granted unto the SOUTHERN ! .. _ _ .. PACIFIC COT~~"r'~A~jY, a corporation created by and existing under laws of the State ~ of Kentucky, its successors, lessees 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 gauge railway spur track over and across Fourth Avenue West in the City of Eugene, Oregon, the location of the center line of said spur track across said Fourth Avenue tNest being described as follows, to- wit;- Beginning at a point on the northerly line of said Fourth Avenue west in the City of Eugene, Oregon, said point being easterly along the said northerly line of said street a distance of 180 feet more 'or less from the most northeasterly corner of Fourth Avenue West and Lincoln Street in_the said City; thence southeasterly across Fourth Avenues West, around the arc of a 200 f~aot radims curve to the right, a distance of 75 feet More or less, to a point on the southerly line of said Fourth Avenue West, said point being along the said southerly lime a distance of 209 feet more or less from the most southeasterly corner of Fourth Avenue west-and Lincoln Street in the said City. .Section 2. Said spur track shall be constructed as to be laid on a level and flush with the grade of said Fourth Avenue Vlest 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 succ- essors in interest shall change said track to conform to such change of grade. Section 3. Said SOUT"r~ERI~I PACIFIC COT+tfPA?~TI', its successors lessees and assigns shall have the right to do all necessary excavating or grading for the construction, repair and tnaintenence of sais spur track but all portions of said streetso excavated or graded must be replaced in as near tine original condition as practicable, and siad company, its successors, lessees and assigns shall, during the life of this franchise, keep the portion of said street upon which the spur track is maintained in as good condition and repair as the remainder of said street is maintained far the whole width between the rails of said spur track and for a width of one foot outside the rails of said spur track and in the event the adjacent portions. of said street shall be improved by the city with hard surfaced pavement said company, its successors, lessees and assig 276 shall improve the portion of said street last above described with hard sur- faced pavement similar in character and equally as good as that placed by the City on said adjacent portions of said street, all of the foregoing to be under ~ - the supervision and to the satisfaction of the City Engineer. I ~ Section 4. -The .Common Council reserves the right to regulate the mov- j ing of cars across $aid track where .the same crosses said street so as not to obstruct or interfere with travel upon.the same. ~ Section 5. The privileges, rights and franchises herein granted are f upon the condition that the SOUTHERN PACIFIC COM?~A?vY, its successors, lessees I I and assigns shall within thirty days from the date this ordina2oee becomes i ~ effective, file with the City Recorder a written acceptance of its provisions. r Section 6. Inasmuch as there is no gross income from the use of said spur track, no provision is made for compensation. Section 7. 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 or any prerogative of sovereignty granted by 1 the City and connected with such public utility. Passed by the Common Council this 1st. day of Ma.Y 1944 /s/ John Fields City Reeorder~pro tem Approved by the Mayor, this 2nd day of May 1944 /s/ Elisha Large Mayor i