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Home My WebLink About101 of 1974 - Amending Section 35-1-5, requiring railroad companies to construct railroad crossing with a specifie ROLL CALL )U ✓VOTING Aye Nay Salt Lake City,Utah, August 8 19 74 Mr.Chairman.." I move that the xdi ce be passed. Greener Hammen Harrison Phillips Result AN ORDINANCE AN ORDINANCE AMENDING Section 35-1-5 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to railroad grade crossings. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That Section 35-1-5 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to railroad grade crossings, be, and the same hereby is, amended to read as follows: "Sec. 35-1-5. Planking and paving on grade crossings. Every railway company operating within the boundaries of Salt Lake City shall keep every portion of every city street or alley upon or across which their tracks shall be or are constructed and maintained in good and safe condition to accommodate public travel. For this purpose eachtrailway company will install and maintain the materials required in the manner specified from time to time in writing by the board of commissioners to surface and maintain the same in good condition for public travel. The portions of the street or alley surfaces to be so maintained by all such railway companies shall include all the space between their different rails and tracks and also the space outside the outer rail of each outside track for a distance of two feet, measured from the outside edge of the rail, for the full width of the street or alley including sidewalks, or length of said street or alley, unless otherwise directed by the said board of city commissioners. At all times, said surface of the street or alley shall be maintained level with the top of the rails on the track. After being directed in writing to surface or perform maintenance work on an area of trackage, each such railway company shall complete the work specified by said board within seven (7) days on small road- way repairs or thirty (30) days for major capital improvements or such other reasonable time as specified by the City. Every railway company which fails or refuses to comply with such notice, within the time specified, shall pay to City all costs and expenses incurred by City or others at its direction for performing the required surfacing and/or maintenance work and City may thereafter recover said costs and expenses, in- cluding attorneys fees incidental thereto, in a civil action brought against such railway company in any court having jurisdiction thereof." SECTION 2. In the opinion of the Board of Commissioners it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City that this ordinance become effective immediately. 01. • -2- SECTION 3. This ordinance shall take effect upon its first publication. Passed by the Board of Commissioners of Salt Lake C y, Utah, this 8th day of August , 1974. IT tr4W (SEAL) BILL NO. 101 of 1974 Published -August 14, 1974 101. AON SEA • Affidavit of Publication STATE OF UTAH, Ss County of Salt Lake Jr Sharon Payne ANORDINANCE AN ORDINANCE AMENDING Seaffon 351 5 of the Revised Ord: Be• lrt (u st dulysworn,deposes and says that he is legal adver- ces of Salt Lake City,Utah,1965,.relatina to railroad grade cross g 1 Be it ordained•CO the Board,of Commissioners of salt Lake City. tiling clerk of the DESERET/VEILS, a daily (except Sunday) Utah: • n.ewsxr cr• rioted in the 1 iv1r language with general err- SECTION r.Thai Section3 1 S of theRevised Ordinances of Solt ] p p °reCity,Utah,1965,relating.t drooa:grade crossings,be,and me• culation in Utah, and published in Salt Lake City, Salt Lake hereby is,amended fo read a5 follows: r �. "Sec.35-1-5.PlankIdg d Caving en grade crossings. Every rail- way companyportion within the boundaries of Salt Lake City•bml. County, in,the State of Utah, keep everyi t city st t t alley upon o Melt their trac shall berconstructed and mu toned In good mid sere condition to accomraodofepublic travel Fur thus purpose crab: railway company will install and maintain the materials required in 11. That the legal notice of which a copy is attached hereto manner spe cified from Nine to time In writing by the'board of r m ss oners to surface and maintain the same in.good condition for ^� publicmaint Lra 1.TO.suchW ommoffv theintreet rhail y,ciudc ail the be oo rr _PI,a17y{. }lf 3 ",ia oY'd.LnLne.E Yf:�.ti Hing '�o ra31Y.'aa�d SYT.C1 t'. b tween th d ff t rails and racks a.also the space outside the -- f r rail t h (side track for a distance t l feet, d from the outside ddg of the rail,for the full width of the street or alley including Sidewalks,or length of said street or - CS'b:3->I,1 alley,unless o gS._ sae directed by the said board of city commissioners.At all times, -- id sUrtace of tile street oralley shall he ntol el level with the top of the rails on the truck.After being directed in writing to surto.e. or perform maintenance work on an area of trackage,each such roil. way company shall complete the work specified by said board within seven It) days od small roadway r r thirty (301 days 1 major capital improvements o such other reasonable time a specified by the City.Every railway copany which os a refuses to comma ._._ with such notice,wiin the time specified,shall pay io City all c ------- and expenses Inor red by City others at its direction for performing the required surfacing and/or maintenance work and City riy ihereaHer recover said costs and expenses,including attorneys fees in. cidental thereto.In a civil action brought against such railway company in any court having)the salon thereof:" 11 SECTION 2.In the opinion of the Board f Commissioners it is nee. [1 ugu,53'c S.try 1.974 essary to the Peace,health and welfare of the inhabitants of Salt Lake was published in said newspaper on City that this ordinance become effective etofeiv. SECTION 3.This ordinance shall takeoRe effect upon its first public!- ;to"Passed by the Board of Commissioners of Snit Lake Clty,Utah,this Bth day of August,19,1. E.J.GARN Flavor HERMAN.I.HOGCNSEN City Recordor • ----'— — �� BILL N)O.101 of 1974 Published—August 14,1924 (C•61) Legal'Advertising Clerk 16tt, day of Subscribed and sworn to before me this ---6uggoi. A.D, 19_-yh-. d1 .JsJJ Notary Public My Commission Expires Fel)rwiry 1.3y 1978 tl�'