108 of 1971 - Amending Sections 35-1-5 and -6, requiring maintenance of railroad crossing to conform to statutory ROLL CALL 1 November 11 1
VOTING Aye
Nay Salt Lake City,Utah ,197
Barker . . . .
Catmull I move that the Ordinance be passed. '
Garn . . . . % �✓ 1zG�`�/� !/-
Harrison . . . /� '
Mr.Chairman ✓
Resuif N ORDINANCE
AN ORDINANCE AMENDING Sections 35-1-5 and 35-1-6, of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to street crossings
by railroads.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Sections 35-1-5 and 35-1-6 of the Revised
Ordinances of Salt Lake City, Utah, 1965, relating to street crossings
and obstructions by railroads, be, and the same hereby are, amended to
read as follows:
"Sec. 35-1-5. Planking and paving on grade crossings.
All railway companies shall keep every portion of every
street or alley used by it and upon or across which tracks
shall be constructed and maintained in good and safe con-
dition for public travel and such railroad companies shall
keep the same planked, paved, macadamized or otherwise in
such condition for public travel as the board of commissioners
may from time to time direct, keeping the planking, pavement
or other surface of the street or alley level with the top of
the rails of the track. The portions of the streets or alleys
to be so kept and maintained by all such railway companies
shall include all the space between their different rails and
tracks and also a space outside of the outer rail of each
outside track of at least two feet in width for the full width
of said street, alley or sidewalk over which the tracks pass,
unless otherwise directed by the board of commissioners. If,
within thirty days after written notification from the board of
commissioners to plank, pave, repave, macadamize or otherwise
repair its railroad street crossings as hereinabove provided,
any railway company fails or refuses to do so, the city may
plank, pave, repave, macadamize or otherwise repair such rail-
road street crossings and thereafter recover all costs and
expenses incidental thereto in a civil action to be brought
against such railway company in any court having jurisdiction
thereof.
"Sec. 35-1-6. Obstructions to streets. Removal and restora-
tion of streets. If, at any time after the commencement of the
construction of any railroad, it shall appear to the board of
commissioners that any part thereof shall constitute an obstruc-
tion or impediment to the ordinary use of any street or place,
or that it is being operated contrary to the ordinances of the
city, the said railroad company shall, on notice from the board
of commissioners, and within the time therein specified, provide
a remedy satisfactory to said board; should the said company
fail or refuse to obey the directions of such notice, the board
of commissioners may, upon the expiration of the time limited
in such notice, cause the obstruction or impediment to be
removed, and the street or place restored at the expense of
the said railroad company which may be recovered in a civil
action in any court having jurisdiction thereof."
�1_08
-2-
SECTION 2. In the opinion of the Board of Commissioners of
Salt Lake City, Utah, it is necessary to the peace, health and safety
of the inhabitants of Salt Lake City that this ordinance become
effective immediately.
SECTION 3. This ordinance shall take effect upon its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this llth day of November , 1971.
1
Mayor
a R rd A^
(SEAL)
BILL NO. 108 of 1971
Published November 24, 1971
VS
Affidavit of Publication
STATE OF 'UTAH, 1
- s9.
County of Salt Lake
_ _ __._-_-.._ Botty_Phelns.-
„� AN ORDINANCE
AN ORDIN dNCE1 A al NDINilii IC,v ec-
Ordinances of Snit Lake City,Utah, Being, .s first duly worn,deposes and says that he is legal adver-
,6S,relating to street crossings by
railroads. tt.sin clerk of the DESERET NEWS, a daily (except Sunday)
Be ii ortlalnetl by the Board of ,
,Co hmissloners of Salt Lake City, newspaper printed in the English language with general cir-
dEis i i"of the That ee ordir es cu.lation in Utah, and published in Salt Lake City, Salt Lain
f Salt Lake City,Utah,19e5, tat-I
of to Meer sings d bstroc- County', in the State ofUtah,
lions
e ebV ae railroads,d lone done foh1 y
Mows:
'Sec. ]5ros Planking d pavtnd
o grade crossings.keep and o - That the legal notice of which a copy is attached hereto
RnNea hall keep every hurting II
beat'rune'or Ileli son by r e e,
hor n vma tracks hall be
ar°hate cro5 d m grained in aona�
nd'sage uch railrloadd for hIie travel shall "_An._Ordinance-gel.a.t.izag_t9- T'6�t-�-s'n.ssj-ng-spy_
shaul and
the-Macadamized
same plankedotherwise
such,
roaraaamlzea or mherwlse In
•contlllion for public travel as the pp NTi 1Od (_7
board'of commissioners may from, -Y'2.11.r4�dS�._..6i�1�.i Ds_ vY_fl ,i�{�___.
dime Ip time direct( looping rhe. --_-'- --�
lotaltkienalreervom a llev level ack.h r thei
,tau of the rails of the track. The!
Aorlloans of CO,atTets or Revs - --�_ --- - - -----
CC railway
d des shed be II
such
l�ihea space companies
theirs different
i,Ij ago thaws nda Iso
lot ea np0ur: ------------ - ------
sal- ire<k f a least two feet
eet far the full idih of ale
Str_el,alley or sidewalk overwhich
/1he dYecks as less otherwise
stlrtetetl by the boards p!<amml, tit-
ten'Ifbi ctiionrhtriovro'a aboard`lift
nmmPaammera m PoankathePrl e' was published in said newspaper on _N_omenlaas24,_1C971_-_
ephle-Its railroad street crossings]
,Bs aheremnave rcvlded, a o!
wan oary fails o p+us.s a s,
piano.
ioaoave a �oailroades o mssinos
ire It aacpter railroad r all o s no
1 and heron, r all 5osassl nd
P Se'o'bid nt incidental
thereto
tl t h
— , \� ��
II IISIi ISR 351d'n Oti tr t' it b I ,
1 l cum Brian�ecoeetn reo°ine -- -------- �l.pgtll R�nert
ant at The
railroad,it shall
boaia thereon i.tit/tg( rk
lobstructlon t impediment to gee nor
t or
confrarvr tol'Mel ordamoceso o rated
city, me said raiirnad cur a,
0
Isdall,im police Irvin thee hoard f
the etnssson and widen ne lime
ciii opeiil�d, provide remedy 24th
olUsatiefagldore to sa°aa.boar.fsb.0dr before me this day of
beyaa'1 a`dig��I�ns f°ec6e n c,
to
the board of commissioner., v ,
NO'i1Cen no e>voiiaon of ma may,
_-- -_ A,D. I9__7.L_-
bstrudloo for Imo ent toere-
move.
sioed at and
n the street or saldvrad.
read onnvx1'irth mnya Vo
Board asrpn a CVCCommissioners
m ssionenoa.'n tour!It
ass
F_CTION Z.In tde o o1 Salt
l kn etce. salt it is necessary le - "=J_C-r—
ine nonce.health and
n/the
inhabitants eeakaCivt Notary Public
this or&iVrncebcome/etie In,
mECION 3. This ordinance hall
la,seed upon as arst f corn on.
Passed by the Board of an,this
or Salt Lake November.19,. this
Ilih aey of J.BR EN
,1,i I BRACKEN Manor
11J-IHSERALIN J.t{IICFN',h_N
1ILL MO.spa of le/I
CIry Recorder
P..,,oed N77-, _ 2e,197- fA)g7