116 of 1950 - Granting to Denver & Rio Grand Western Railroad Company, D. & R.G.W.R.R.Co. franchise to construct • \V■-V VAVV � I.
Salt Lake City,Utah, f'i . • ,195 PJ•-.
VOTING Aye Nay
Affleck I move that the ordinance be passed.
Christensen . .
Lingenfelter , , \'C
Romney . . •
Mr. Chairman AN ORDINANCE
Result
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY, its successors and assigns, the right to
construct, operate and maintain a standard gauge railroad industrial
spur track over and along Third West Street between a point in the
east line of Third West Street, about 20 feet north of the north
line of Van Buren Avenue and a point in the south limits of Third
West Street at the south line of Van Buren Avenue.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. A franchise and right of way is hereby granted
;bo The Denver and Rio Grande Western Railroad Cogtpany and its succes-
sors and assigns, to construct, operate and maintain a standard gauge
railroad industrial spur track over and along Third West Street be-
tween a point in the east line of Third West Street about 20 feet
north of the north line of Van Buren Avenue and a point in the south
limits of Third West Street at the south line of Van Buren Avenue,
all in Salt Lake City, Utah, the center line of said spur track being
more particularly described as follows:
Beginning in the east line of Third West Street at a point
about 20 feet north from the north line of Van Buren Avenue mad
extending southwesterly in Third West Street on a curve to the
left with radius of approximately 359.26 feet about 65 feet to
the south limits of Third West Street at the south line of Van
Buren Avenue, the tangent to the aforementioned curve at point
of beginning bearing approximately south 36 degrees 27 minutes
west.
The location of the center line of said track is 'grtap,hical-
ly shown in yellow upon the attached print, which is hereby
made a part of this ordinance.
SECTION 2. During the term of this franchise the grantee
shall be subject to the following conditions:
(a) That said track shall be laid upon and conform to the
grade of said street and shall at ajliimes be maintained by the
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grantee to conform to the grade of said street, and if said grade
is afterward changed by ordinance of the Board of City Commissione s,
the grantee shall, at its own expense, change the elevation of the
track so as to conform to the same.
(b) Whenever said street where said track is constructed
shall be paved, resurfaced or repaired, the said grantee, its suc-
cessors and assigns, shall pave, resurface or repair between the
rails and for a space of two (2) feet outside of each rail with th=
same kind of material used on the said street, or with such other
material as may be approved by the Board of Commissioners, and all
ties shall be laid upon a concrete base of such thickness as shall s
be directed by said Board of Commissioners )4
(c) Said track shall be( aid and the road operated so as
to cause no unnecessary impediment to the common and ordinary use
of said street upon which it is laid.
(d) Salt Lake City reserves the right to regulate and co -
trol the speed of all trains, engines and cars operated by the
grantee, its successors and assigns, upon said track.
(e) If, in putting in said track, said grantee shall re-
move or in any manner interfere with the pavement, sidewalks, curb-
or gutters on said street, it shall replace such pavement with the
save or with such other material as shall be ordered by said Board
of Commissioners aid shall replace such sidewalks and such curbs
and gutters to the satisfaction of said Board of Commissioners aid
shall so construct the gutters that they wdill allow the free passage
of water and be to the satisfaction of said Board of Commissioners.
(f) Said grantee shall put in and maintain such crossing-
over said track as shall from time to time be regtiired by said
Board of Commissioners.
(g) Good and sufficient conduits to convey water shall 130
paid and maintained in good condition at the expense of said grant=e
in all water ditches crossed by said track so as to admit of free
passage of water.
SECTION 3. Nothing in this grant shall be so construed a-
to prevent Salt Lake City or its aithorized agents, or contractors,
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or persons or corporations to whom a franchise may have been or ma
hereafter be granted, from paving, sewering, laying gas or water
mains, pipes or conduits, altering, repairing, or in any Manner im
proving said street.
SECTION 4. Said grantee herein, its successors mad as-
signs, shall, and by the acceptance of the privileges and franchis:,
herein granted and in consideration of the same, does hereby hind
itself, its successors and assigns, upon its acceptance of this
franchise, to save said City harmless from all suits, claims, de-
mands and judgments whatsoever, whether in law or in equity, which
shall be asserted, found or rendered in any manner whatsoever
against said City for injury or damage to abutting property, perso -
al injuries or otherwise, by reason of the granting of this fran-
chise, or by reason of the construction or operation of said track
and that the grantee herein, its successors and assigns, will pay
the amount of any judgment, determination or adjudication which in
any suit or proceeding may be or shall be found against said Salt
Lake City; provided, however, that said grantee, its successors an.
assigns, shall have had notice of any such suits and an opportunity
to appear aid defend the same; and said grantee, its successors and
assigns, shall appear in and defend all actions brought against Sal
Lake City for any injury or damage by reason of the construction,
operation or maintenance of said track.
SECTION 5. This franchise is granted for the period of
fifty (50) years from and after the passage of this ordinance; prov d-
ed, however, that if for a period of nine consecutive months during
the life of this franchise said spur track is not used for the pur-
oses for which this franchise is granted, or if there is a substan
ial abandonment of the use of said spur track for said purposes,
aid franchise shall be voidable at the option of said Board of Com
issioners; and if so ordered by said Board of Commissioners, said
rack shall within thirty (30) days thereafter be removed and the
treet restored to a condition uniform with the balance of said
treet with respect to grade, materials and construction and to the
satisfaction of said Board of Commissioners. In the event of the
failure of said grantee to remove said track and restore said
street upon such action and within said thirty (30) days, the sal .
work may be done by Balt Lake City at the expense of the grantee.
SECTIOII 6. Unless this grant and all the terms and cond -
tions thereof shall be accepted, in writing, by the grantee herei
within thirty (30) days after the taking effect of this ordinance,
and unless such tracks be constructed within one year from the
date of such passage then this ordinance shall be null and void.
SECTION 7. In the opinion of said Board of Commission-
ers
it is necessary to the pQ4e,4healt1 and safety of the inhabi-
tants of Salt Lake City, i ah,• thatthisordinance become effocti e
Immediately.
SECTION` 8. This 'ordLhdn'ca shell'4,.take effect upon its
first publication.
•
Passed by the Board of Commissioners of salt Lake City,
•Utah, this ay �%G day of S .mot� 1950.
7aj or.
(h2 ),
City Recorder.
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✓E-'T_ ,57REE7-
The Denver and Rio Grande Western R.R. 80.
I Salt Lake City, Utah,
\ Industrial Trackage
proposed to be constructed in a portion of
3rd West Street near Van Buren Avenue
and over and across 17th South Street. 1
Scale 1" 2001' T
S.L.City. 0..22 .. 1950.- >',
fi'io 5s.}a de Lam � 'AH i 0.)sT�:v,..-;atv
1 C6h7 may CO4ANY
Affidavit of Publication
STATE OF UTAH,
as
County of Salt Lake J
D. 7 onT
Being first duly sworn,deposes and says that he is the ad-
vertising clerk of THE DESERET NEWS,a newspaper
published in Salt Lake City,Salt Lake County,in the State
of Utah.
That the advertisement
0rci11'm L 13i11. 31oa 316
was published in said newspaper, in its issue dated, the
day of A.D.19
and was published ° Nov omber 2, 1,50
the last publication thereof being in the issue dated the
day of A.D.19
/ Advertising Cle /c
Subscribed and sworn to before me this rd day of
eoiber A.D.19..z0..
Notary Public
LEGAL NOTICE
AN ORDINANCE noon and ordinery Me of Feld street this franchise said sou+track to net
AN ORDINANCE GRANTING TO upon which IL 1s laid. used for the purposes fee which this
THE DENVER AND RIO GRANDE (d)Salt Lake Cloy res ee the rtrasno ilea Is granted,or 1I riers la
WESTERN RAILROAD COMPANY, right to regulate anti Conrail the substantial abandonment of sthe
Its successors and assigns,thee,right speed of all trains,engines and care
use [ Id spur track for rid
e
to construct, operate.and maintain operated by the grantee,its s'uc r poldablos Froths option aid franchise
.sold shall
loarbd
e.atnndard gauge railroad Industrial and eislgne,upon eed tracks of Colmnlssf one's;and if so ordered
our track over and Along Third a let If, In putting in.safer track, b said Board of Contlnl.sieners, '
s
West Street between a point In the said grantee shall a or 1n soli track shall within thirty (301
not litre of Third Writ Street,about matinee Interfere with tole pave- ays thereafter be removed and the
20 feet north of the north line f ry t,sidewalks,c rb r gutters o street re tored to a condition tint-
Ten Buren Avenue and a point In said street, It shall s replace rack form with the balance c of said street
the south limits of Third Went pavement with the s with with respect to grade,materials end
Street at th0south line of Van uch other material a shnli be nstructlon and to the satlslaetlon
Buren Avenue. ordered by said Board a of Commis- oc said Board of Cammlcsloners. In
Re It ordained by the Board of ordered
end shall[enlace suchside- the event o[ the failure of sold
Uter• i'slone[s of Salt Leko City, side-
walks and such Curbs and gutters to grantee to remove said track and
Utah: the satisfaction of 'said Board of restore bald street noon such action
SECTION I. A franchise and i Com miselonere and shell so - and within said thirty (30) tlbett
right t wry le hereby granted to ` atone. the gutters that they con-
struct the.said work may he done by Salt
rig The Denver and Rio Grande Nest- flow the free passage of water and Lake City at the expense of the.
ern Railroad Company and its cur- be to the satisfaction of said Hoard grgn sae.
e Fled asslgnn, to construct, of Ce Osllssleeers. SECTION G. Unless this grant
operate and ssintsln a standard If)Said grantee stroll put In al d c 11 the terms and conditions
gauge rall[Oatl maintainer ap ur tract- maintain such roossings over said thereof shall be erepted,In welting,
sod mono Third West Street track a shall room time v r time by the grantee herein within y
ovebetween a point In the cast Ilse of be required by said Board of Com- (301 dare after the taking effect
Third Went Street about 20 loot Isslerers. of this ordinance, and unless such
north of the re north lone of Van (g) Good and sufficient conduits tracks be constructed Within one
Buren •n d e point in the to convey water shall a paid and year from the date f h passage
nu a limits of Third West Street at malntelneed said
good condition at the then thh ordinance shall benull and
the south line of Van Buren Avenue; dl00000expens [ ed grantee 01 II 0 ae Vold.
all In Sait Lake City. Utah, the to
crossed by go track id Board of Commissioners the oplr nn f
.enter line of said spur track be- to CTI of tree passage o:water, eafd Board of peace, he 1t Is
hog more partltularly described as ant sION 3.so
In as
nee sexy to the passe, hca of sett
follows:r grant heat be a .tor a u- safety [ the inhabitants this i Salt
Prevent Bel t, o Cloy or its e e bake City,Utah,that this immediately.
Beginning In the east line of t 2d troeons agents, or0i contractors, o become fective hisordinanc
West Street at a point hone 01 prisons o corporations whom a SECTION p. This ordinance ahel
0.
teen north Isom the o extending.tine of bocce nee r near have been o ay to ke effect noel Inn r[pnl C0100on.
Van Buren Ato rr end trea her.riuo be granted, from plains, Passed by the Board Cl Cm Utah,
mhA carve
In led West Street rinr.laying gas valet n of Salt Lake City. Utah,ils-
R or
o a et the left fee r 1 pipes orconduits, Altering,000 000to� this1P315t day of October, 1p50_
of oft to(t ately 3.SG.25 with
act abo1p.it. orn Weer inner mp[oving EARL J.GLADE,
55 feet to the south 11 Ito f Te of Mtrdn, said .st t INnyor.
1VesBurentreet at Avenue the
the tangllgneiee ill', I SECTION successors
4 Said
grantee assigns,mh ll I ISrdr a IRM city Y.Bli Eder.
el ginning Ioned curve at hearing PDr tmdeMp 55[00bptt 1 eeibl and I totance il herein1the
g t d Pnblishrd Nevonbcr 2,1,0. o
3fi degrees.2i min Ices w t.?rtr Ia end 1 nsiderotlon t h.
The location of the crater lino Per does hereby bind Jtseli, tie s same.
Maid eek In graphlrally .shown re(" and assl0ns, upon Its a eept-
yellowr upon the attached pith t, ance of this franchise,t rave said
which Is hereby made a part of this City harmless from all suits,claims,
ordina demands and n in
nnatsoevcr,
SECTION 2; During the term nt whether In law or In noufty,which
this franchise the grantee.shall he Chili be aiserted,found or rendered
endered
su
bject to the following conditions: In any m whatsoever agatnat(a)That sold track hall he lard said City for 0 injury or damage to to
upon and conform to the grade of abutting property,persona:Injuries
card street and shall at all times or otherwise, by reason of the
be malhtafned by the grantee to granting of this franchise, or by
conform to the grade of sold street, roason of the construction Or OP-
▪d If sale( grade la afterward eration of sed track and that the
changed by ordinance of the Brood grantee herein, Its successors
and
of City Commissioners, the grantee assigns.will pay t me met of e
shell, t Its own expense,change the Judm gent determinh
ation oradludi-
elevallon of the track so as to con cation which In any suit or proceed-
form to the s or may be hall be found
(h)Whenever cold street where against said salt Lake City; prn-
sald track
to constructed shall be vlded, however, that sold grantee,
paved, r .dared oi repaired, the Its succe.ssore and assigns,.shall neve
said grantee, Its.s and a had notice o such suits and
signs, shall pave,successors
o opportunity sto aid
5 ear and defend
Pair between the rails and or
rtea the s and said grantee, s0 apace of twoore
Ill fret outside of and assigns,shall appear
ar in
each rail with the sq e kind tor n defeed ell brought
toilet used or. the lold street, nr agaInst Salt Lake city Im•any In-
with such other material as jury m or damage b of the
be approved by the Board of Coin- construction, operational or men-
misslener.s, and all ilea shall be tenance of said tack,
laid upon a et girthhr 0nlerSECTION 5. This lranchlae Is
tbase
said
a c�halin be. directed M19 Irene from and p provided,
the passer.
lei Sale( track.shah he laud and tof hat i a for one p;iodvldetl,nine coed eon-
unnecessary m nt to au - that If for n period n ere e f
Lnrecesesry lmpedlmnnt to the epee- secutfve months during the life of
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