120 of 1950 - Granting to D. & R.G.W.R.R.Co.(Denver & Rio Grande Western Railroad Company), franchise to constru Salt Lake City,Utah, ,195
VOTING Aye
Nay
Affleck I move that the ordinance be passed.
Christensen . . .
Lingenfelter . .
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 CON-
STRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD INDUSTRIAL
SPUR TRACK OVER AND ALONG THIRD WEST STREET BETWEEN A POINT IN
THE WEST LINE OF SAID STREET DISTANT NORTHERLY 15 FEET FROM THE
NORTH LINE PRODUCED OF VAN BUREN AVENUE AND A POINT IN THE
NORTH LINE OF ANDREW AVENUE PRODUCED DISTANT WESTERLY 8.5 FEET
FROM THE EAST LINE OF SAID THIRD WEST STREET.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF SALT LAKE
CITY, UTAH:
Section 1. A franchise and right of way is hereby granted
to The Denver and Rio Grande Western Railroad Company and its
successors and assigns to construct, operate and maintain a
standard gauge railroad industrial spur track over and along
Third West Street between a point in the west line of said
I\L street distant northerly 15 feet from the north line produced
of Van Buren Avenue and a point in the north line of Andrew
Avenue produced distant westerly 8.5 feet from the east line
of said Third West Street, all in Salt Lake City, Utah, the
center line of said spur track being more particularly described
as follows:
Beginning in the west corporate limits of Salt Lake
City at a point about 15 feet north from the north line
of Van Buren Avenue produced westerly, said West cor-
porate limits being the west line of Third West Street;
thence in a northeasterly direction on Third West Street
on a curve to the left with radius of 193.185 feet about
9$ feet to a point 8.5 feet west from the east line of
Third West Street; thence north in Third West Street
parallel with and distant 8.5 feet from the east line of
Third West Street about 178 feet to the north line of
Andrew Avenue produced westerly.
The location of the centerline of said track is
-2-
graphically 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 all times be main-
tained by the grantee to conform to the grade of said street,
and if said grade is afterward changed by ordinance of the
Board of City Commissioners, 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 successors and assigns, shall pave, resurface or repair
between the rails and for a space of two (2) feet outside
of each rail with the 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 be diiected by
said Board of Commissioners.
(c) Said track shall be laid 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
control 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
remove or in any manner interfere with the pavement, side-
walks, curbs or gutters on said street, it shall replace
such pavement with the same or with such other material as
shall be ordered by said Board of Commissioners and shall
replace such sidewalks and such curbs and gutters to the
satisfaction of said Board of Commissioners and shall so
construct the gutters that they will allow the free passage
of water and be to the satisfaction of said Board of
-3-
Commissioners and shall so construct the gutters that they
will allow the free passage of water and be to the satisfact-
ion of said Board of Commissioners.
(f) Said grantee shall put in and maintain such cros-
sings over said track as shall from time to time be required
by said Board of Commissioners.
(g) Good and sufficient conduits to convey water shall
be laid and maintained in good condition at the expense of
said grantee 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 as to
prevent Salt Lake City or its authorized agents, or contractors,
or persons or corporations to whom a franchise may have been or
ay hereafter be granted, from paving, sewering, laying gas or
ater mains, pipes or conduits, altering, repairing, or in any
u . ner improving said street.
Section 4. Said grantee herein, its successors and assigns,
shall, and by the acceptance of the privileges and franchise here-
'n granted and in consideration of the same, does hereby bind
.tself, its successors and assigns, upon its acceptance of this
. ranchise, to save said City harmless from all suits, claims,
•errands, and judgments whatsoever, whether in law or in equity,
hich shall be asserted, found or rendered in any manner whatso-
-ver against said City for injury or damage to abutting property,
1.ersonal injuries or otherwise, by reason of the granting of this
, ranchise, or by reason of the construction or operation of said
rack and that the grantee herein, its successors and assigns,
ill pay the amount of any judgment, determination or adjudication
1 hich in any suit or proceeding may be or shall be found against
.aid Salt Lake City; provided, however, that said grantee, its
=uccessors and assigns, shall have had notice of any such suits
:nd an opportunity to appear and defend the same; and siad grantee,
its successors and assigns, shall appear in and defend all actions >‘
.rought against Salt Lake City for any injury or damage by reason
of the construction, operation or maintenance of said track.
Section 5. This franchsie is granted for a period of fifty
(50) years from and after the passage of this ordinance; provided,
however, that if for a period of nine consecutive months during
the life of this franchise said spur track is not used for the
purposes for which this franchise is granted, or if there is a
substantial abandonment of the use of said spur track for said
purposes, said franchise shall be voidable at the option of said
Board of Commissioners; and if so ordered by said Board of
C,p issioners, ',said track;:shall within thirty (30) days thereafter
sb8 'removed and the street restored to a; conditon uniform with the
.b�iance of sairkstreet with respect to grade,} Materials, and con-
strtiiction and to the,.satisfaction of said B(orR' of Commissioners.
It. the.,event of the of said granteei,to'kemov.e said track
4
and re Store said street-Upon such action' argil, within 'paid thirty
• a n
(30),:d ;ys, the said work may be done by Salt Lake City at the
expense of the grantee.
Section 6. Unless this grant and all the terms and conditions
thereof shall be accepted, in writing, by the grantee herein with-
oln 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 Commissioners it
is necessary to the peace, health and safety of the inhabitants
of Salt Lake City, Utah, that this ordinance become effective
immediately.
Section 8. This ordinance shall take effect upon its
publication.
1
Passed by the Board of Commissioners o Salt Labe City, Utah,
his l5ttyiay of November , 1950.
/
çayor.
City Recorder.
Affidavit of Publication
STATE OF UTAH, 1
} ss
County of Salt Lake
leeieal Notices
AN ORDINANCV OPANTING TO `i Ii.THE DENVE:R AND RIO OTiANDE . _u Ol�l��i.�
WESTERNHAILROAD COMPANY,
THE,RIGHTITS S TO CONSTRUCT,S AND 70P_
ERATE AND MAINTAIN A STAND" Being first duly sworn,deposes and says that he is the ad-
ARD GAUGE RAILROAD INDU-
TRIAL SPUR TRACK OVER AND vertising clerk of THE DESERET NEWS,a newspaper,ALONG THIRD WEST STREET BE-
TWEEN A POINT IN THE WEST
LINE OF SAID STREET DISTANT published in Salt Lake City,Salt Lake County,in the State
NORTHERLY 15 FEET FROM THN
NORTH LINE PROSUREN AVENUE,ADNDI AD POD IT N I
TEENORTH LY.JE OF ANDR^W of Utah.
WCSTAVENRRI.Y 0.E 5�FEET�mowDIShAIE
FAST LINE OF BAIL.THIRD WEST
StREET
F, /. That the advertisement
BOARD I OF COM.N2 ORDAINED
OF
SALT LAKE CITY. UTAH:
of=w y 1. Afiend-Ilse and rIkht An Ordinance Bill No. 1.20
Denver asnti Rio granted
Wrste1irt
Railroad Company and Its ueFts-
e l, . d sgn,, le' eget..,, n-
oveo Re 11 Inc; 1 p.ae kd
hind Along TUVE( BUY]
t cptt In
t line fP street utant Vt
Dont Ill north line ri ,
-...
15-feet
QTqd M it
h II ! A e /AVt e
° d dI all If 5S`In,, was published in said newspaper, in its issue dated, the
Wesl .SE rot. all In Sall Lake C._v,
1;1ah the r Ilne et s spot'
ark hr:sngrhe, .crl
pa "'" ``" day of A.D.19
a�lBeginniog in vthe west cotpoa,te
llinits of SAP.Lake City ai a mint
about Va!n`nliren°tsvrn31D"nroaus3e and was published on i\:;ovefllpel 11_7, 1.950
l 03 being .has west Wline`cfn Third(Weer.
Street; Ounce In a northeast.:le
dive,Lon °n Tehird Wiest Street on the last publication thereof being in the issue dated the
191.1115 feetth shunt 98`lifeet to°N
point ¢,S feet from the a ast
e of Third West t Street. then, day o f A.D.19
north In Thltd West Street na cal" y '.
lel with 5 distant 0.5 t from
t east11
about.rrl!�.9ry'1 'feet t T„e West line l /i "�,-C 'e
A''Tf XII0 lhnnhu t II.I.., c_s_ /!
k 1. ,
Advertising Clerk Z-
Ilow the Attached piiir,
di:a qt7 e,t1A,seer ?SG of this
fl s_r`n�n y(NJna,trti."xtl11P°1,I.nfv
1,, to the ,,loan,,,en ftitlnn.s- .�
lei That said Dark-(ta:l he;aid
"r°n'r ands`°''''m I`,,e cede°f us to before me this 1 B t O day o f.1d %tract and .shall at nil Ames
be rPaintalnsd by the k nnl ee A
on,:m t the ki'atie of sell: •et
111,1 if said Egade la after's,11rt A.D.19.50 ordinance of the S
of Silty Commissioners, the. to Mt,
shall at Ss nexpense, cAn:
the elevation own
ti ne.k so s to k
confoon 1
P.
id tr ID ack dhenever said t t1 Ill rx
h / /
shall and fur a Notary Pub F
signhale•.hnl n tr tali `
eds !all two wtth`21 the!r r sldk of /
kink o[
tv rlAl h n n
Il�h nlhrr said
sr
31,
be annro-hed dv the r Board of a Clomv
ssloners,and all Iles s ha'Ia he:aid
upon a re tc base.of shell thlc-
ness cothall be Aborted lay said
Scald a of Commission rr5_
lot Sal d t shall he lull e
thoe road opera:, SD an ro nse
nun.,a r Impediment Iorthe
nrdinatv use of said
' st eete neon which It n1 laid.
'di salt .,ake C the.
to dilate and cootie] the
speed of call rallt.r, n^Ines and
nnrraled thy ante,
ock,�r• and .0,4 ,art,r. ee1E
tci If, in pill flex In asld L;sok,
ni m rien c r n, t
sidewniks ihs rl[ tlrb I a.d.
ntteet, shalla ¢pla or curie,surd,
•
nt lilt the ith rc
other material same
be ordered
b, said Roa Sir of diem.:sir'mma
Anil .shall ropier¢ nob .Md..Pi-s
nd such rwhe ands
a'Istnetlnn o . Raad�sof in
nisi and snails vet .
r,
nirof ire and
lhe to the Lax age o and be m Che. (ixe
Commis-
sion., of rva lhr l00n( rme, the
glue and shall Board the
Radar¢that they alll all he for thee
PAathe
:misagetac of tn-
afltionts of afield and he
0 Said et antra shall ant in and
maintain anth otossIncs n raid 1
Irark a m shell from time to Lime
be:repriced by nzld Board of Co�n-
m'
n+andoionro,
Lco Road and au(f Intent,aodi:nd
maintained
r c ooall oe itid and
main convey
water
good grantee
In all
the r ditcher
expense of said by rai 1n ak
water to ads crossed by said tack
an s to atlml'r n( free passage of
water
it
Smitten o Nothing In this Rpra-
nhall Salt
so construed . ro,
L.Spit Lace City rite or po
lard agents,or coonsactors, pet-
g nay Aaoex in wr
hush lsre beay here been o
hricaftrr be granted, [ram ain
vriipA ...R Inter mains
Incrs ...Its afla ahelphi R, rrving
said or o in any manner Improving
said nllren
See ,4 Said granthe herits
in the o eSe if n s. nhnllin and
ch ptannr of the An PI'Ian0Pod,In
ieIon herein a rated a des
na , n of the same
An ass t., Its:elf. Isms s
And a upon its a ce said
nnf
S this n ohlnt .said
harinr. (rem All enitnd hatro, ere
shallands, and Judgments V whatsoever,
be i,law o'In doy, demd
shall be Asserted,Ifonndo ndenst
hi wry Lsr clam
said City manner
Injury or damag¢nm
abuttl,oche raise, y. Preasoal ofJ'.I!ha
sin gr w Ise, bysof !ha
Regaling of this franchise c r by
a(said
constitution and
n t taa
lion of said . Or aed than tha
ago nsigine hwill¢ye ins n any
dgme, I1 pay the amount of Any
Judgment, h In
m no�o ronndi-
almr which i rr➢i'rou -
a a nay yLae o found
agalu�st said Salt Lake he
pro-
vlded, hems.,nadr that naid all here.
Its ni and aa.suns,shalt have
had notice I such snits and p
fe ap pnrtnnll.y ton append and de-
fend a the a xnd laid eranan-
ne v and assIend s.shad aActions
though,
Aealt all artlonn
any Ih.against salt Yoke City for
Any In o damage by r of
the construction, racrznon or main,
ceaectionOl azld track
Section b 5.Thilod frai toIra n grant-
ed
flu',
for z parler the
f. ., Stare
end plies flee phowev n[this
If nanet;palled
of however, [hp!
en or a during
n nine e caon-
anthn during the life of this Iran-
tor s spur nark In noi
for the Is rpusoc dfor which n;.h is
franchise to Is grANed, or ( the' I
substantial al rot noon erit of ro-
iso of said sour task tar said p:d-
aonex is r: tr option
shall h void-Said
of the netlon al Acrid aL
n( da by raid Board
and If n or-
d
ered by aid It
of Co Ithi-
slenorn, said shall wit ore
'ores (and rho al bereefLer n
moved and th0. Or e^.t condition aAr utreetn with the
snirl street with respect to
an t, to rat!,s, and nits sne
and to the singe a n the
ea id stoned
of
the
r nlasl one ra In the a to re-
move Coin
of said
said truck enlod'o to t -and r
street upon such action and wla.d
ins 0 toil Srdone
rave. the .sale
work may e n e by Salt Lake
ClS a the canon.of the rannten.
rtln t rat Unidsn lbin R eand
ll-
otlSthr I,nrm a and a nrll:ioeenthrre-
ot,Hall 1.accepted, within
wilting
rho days
he thin ittilnthirty
Cite W .a i'the d Ina effect of
such
And nnle., ins
xckx nb'n a constructed within a
r trhis or dale or halt be
enulll
Year
this ordinance shall be null
and veirt,
Srd of '!, in the oPlnlon of Boares-
nary of Commissional il.n n e
v to the near¢,health and safe-
ty Cite, the Inhabitants rat Salt ok-
City,Utah,effec that this nrdlO' oe-
e(fectfve limedpin.
1 ceLf feat
B. This prdinuce shall
tole effect upon I!s publication.
Passed by nbr. Board or
ixsl15,11 of Sale.Lahr cut, SS.
this 15ch any of rInan,ARL J.0 ADD,
EARL J.MADE,
,
City 1 irl.
C-1111
eILt,NO-r art
/(72v