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13 of 1933 - Franchise for Right of Way to the Denver and Rio Grande Western Railroad Company for a spur track ov ROLL CALL ` 0 �+ 3 193 Salt Lake City,Utah, VOTING AYE NAY Finch I move that the ordinance be assed Keyser - - - - i /� / 4-1) Knight // ,' - LEE• - - Mr.Chairman - - - ../ Result l3 b u . ,, I. r �'� . I . ,.. t ! ' ' 3.'/' yam-( • y.. a '�n�,F M _ / 1 r S/QHdorel t/P/CO co /: S<o/¢! ®o• rt44 Hs j V'. e ° /G s' ar'' Of oce K9 W /4-8.5' fi b � c �y b a .o 1 4 • 6 ' Uzu v �a - yo 0 c� -f. 3 . • M ,I CO BOrrf. r .• as' �,e.., f o • • i' ' N. ,t.::. li,t ,_ . . _„,a. ,. Hs.ar, l',,.y;. iii 44 o X # -"f M}— - -t7i,-s'1'/� ' •• _ F/.6 - th South St • `" 4-- 0. : I _ x _.... 6i t. m `1-+ rP• .- _,- ---. ..-- - -Q --1�- '`c ... ,k2r/3f�12/iCP�Y.tt1y.((/P4-L..C.a) ego' �— '. _ w• M I 69. • fJ 66' 330' 1-' , I '4« t' 7 8 4. * 7 2' 0o M /�nde rson-Tay/or Co... `o, �• a. II ' __--....—de • Nn�2 , —" userBosirABrew,... i ao e 01', I O- a ORDINANCE AN ORDINANCE GRANTING TO THE DENIER AND RIO GRANDE WESTERN RAILROAD COM- PANY, I'TS SUCCMSSOI AND ASSIGNS, TEE RIGHT TO CONSTRUCT, OPERATE AND MAIN- TAIN A aTANDARD GAUGE RAILROAD SPUR TRACK OVER AND UPON FOURTH WEST STREET AT AND NEAR THE INTERSECTION OF FOhR'TH PEST STREET AND FIFTH SOUTH STREET IN SALT LAKE CITY, UTAH. 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, its successors and assigns, to con- struct, operate and maintain a standard gauge railroad spur track over and upon Fourth West Street at and near the intersection of Fourth West Street and Fifth South Street in Salt Lake City, Utah, the center line of said spur track being more particularly described as follows: Beginning at a point in the center line of the westbound passenger main track of the Salt Lake City Union Depot and Railroad Company as now constructed, said point being about 202 feet south from the east and west monument line in Fifth South Street and about 9 feet east from the north and south monument line in Fourth West Street; thence northeasterly through a No. 10 turnout to the right and along a re- verse curve with a radius of 206 feet, a distance of 276 feet more or less to a point on the northerly side line of said Fifth South Street, said point be- ing about 72 feet easterly from the aforesaid monument line in Fourth West Street, all as shown in yellow on the attached blueprint which is hereby made a part of this ordinance. Section 2. During the term of this franchise the grantee shall be Sub- ject 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 maintained by the grantee to conform to the grade of said street, and if the 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 directed by the Board of Commissioners. (c) Said track shall be laid ane. the road operated so as to cause no un- necessary 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, sidewalks, curbs or gutters on said street, it shall replace such pavement with the same or with such other material as shall be ordered by the Board of Commissioners and shall replace such sidewalks and such curbs and gutters to the satisfaction of the Board of Commissioners and shall so construct the gutters that they will allow free passage of water and to the satisfaction of the Board of Commissioners. (f) Said grantee shall put in and maintain such crossings over said track as shall from time to time be required by the Board of Commissioners. (g) Good and sufficient conduits to convey water shall be laid and main- ' tained 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 may hereafter be granted, from paving, sewering, laying gas or water mains, pipes or conduits, altering, re- pairing or in any manner improving said street. Section 4. Said. grantee herein, its successors and assigns, shall, and by the acceptance of the privileges and franchise herein granted, and. in con- sideration of the same, does bind itself, its successors and assigns, upon its acceptance of this franchise, to save said city harmless from all suits, claims , demands 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, personal injuries or otherwise, by reason of the granting of this franchise, or by reason of the construction or operation of said spur track and that the grantee herein, its successors and assigns, will pay the amount of any judgment, determina- tion or adjudication, which in any suit or proceedings may be or shall be found against said Salt Lake City; provided, however, that said grantee, its successors and assigns, shall have had notice of any such suits, and an opportunity to appear and defend the same, and said grantee, its successors and assigns, shall appear in and defend all actions brought against Salt Lake City for any injury or damage by reason of the construction, operation or maintenance of saidspur track. 'Section 5. This franchise is granted for the period of twenty-five years from and after the passage of this ordinance; provided, however, that If f<oV a period of nine consecutive months during, the i e of the fran- < 'chi eisaid spur track is not used for, the purposes foi' Whioh t lI.yfranchise is gie/nted, or if there is a substantial abandonment c '' the use of said spur tr:ac�c,22or said purposes, said franchise s .au be voidgble 'fit the:..opt.ion of the ) card of Co-miisdi oners; and if so ordered by the $card of Commissioners, said spur track shall within thirty days thereafter be resbved,. an't; the street i+estored to a condition uniform with the balance of said itxe.et:;:wI;th respect ta :grade, materials and construction, and to the satisf,ac4on of th6 Board of Commissioners. I.n the event of,the failure of saidraklroad'.coipany to .remove said track and restore said e;treet upon such actiop and within said t4rty days, the said work may be done,:by Salt Lake City at' the expense of the railroad. company. 'Section 6. Unless this grant and all the terms and conditions thereof :shall be accepted, in writing, by the grantee'herein within thirty days after the taking effect of this ordinance, and unless such track be con- structed within one year from the date of such passage, then this ordinance shall be null.and void. Section 7. In the opinion of the Board of Commissioners it is neces- sary 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. Pass d y the Bo rd of Commissioners of , 1 Lake City, Utah, this Sad day of , 1933. Y/ - FSL_ Temporary Chairman City tecorder Bill No. 5 e a l ) Sept. 7 Published , 1933. - 2 - 1 ro• i • to • Proof of Publication „IuIlI„I„Illl UNITED STATES OF AMERICA,) STATE OF UTAH, S( ss. County of Salt Lake. LEGAL NOTICES AN ORDINANCE An ordinance granting to the Denver Ss Rio Grande Western HARRY WOI,L'P1 being first duly Railroad Company, its successors and assigns,the right to construct, operate and maintain a standard sworn, depose and say that I am the Chief Clerk of THE SALT LAKE gauge railroad spur track over and Upon Fourth'West street At and near.the intersection of Fourth general street and Fifth South street TELEGRAM, a newspaper of circulation, published every day In Salt Lake City,Utah. BeCommis ordained of hSalthe Lakefl1City at Salt Lake City, State of Utah. Utah. Section 1. A franchise and right of way is hereby granted to the Denver&Rio Grande Western Rail- road'Company, Its successors and assigns, to aoostruc, operate and That the notice AN ORDINANCE maintain a standard gauge rail- road spur track over and upono Fourth west street F ar SALT LAKE CITY CORPORATION i she intersection t i Fourth West Street and Fifth South street in line Lake City, track the centre par of said spur ibed being more particularly a ointd folenter Belinginning oing a point in the passenger i of the westbound Lake main i track of the Salt Lake City Depotewand Railroads Com- pany int beig about 201 constructed,feat s froaidm the east and west monument line In Fifth South street and about 4 feet east from the north and south monument line in Fourth West of which a copy is hereto attached, was first published in said news- street; thence northeasterly through a No. 10 turnout to the right and along a reverse curve with a radius of 200 feet, a dis- paper in its issue dated the 7th day of eektember.,• 19. 3 fence of 276 feet ore o less to a Point on the northerly side line of said Fifth South street,said point being a about 71 feet easterly from theaforesaid monument line in and was published in each daily issue of said newspaper, on Fourth West street,all ae shown 1n , yellow oh the attached blueprint which 1s hereby made h part of this orb ctioon'2. During the term of September.7th. for title franchise the grantee shall be condi- tions: subject to the following Condi- One insertion laid upon and track to thereafter, the full period of grade of said street and shall at all times be mahrtained by the grantee to conform to the grade f said street,and if the said grade the last publication thereof being in the issue dated the .. th 1s afterward changed by ordinance of the grantee of City Commissioners, - the gr tee shall, at its own A. D. 19. ex- pense,change the levation of he SeptA. track so 'conform the same, day of (4) Whenever said tid ltl street where paid , resurfaced rf constructed hall be psaid g ntee,its successors or rePalrn, ee Sd grantee,Itsesurfa and - signs, Shall pave,rails an or re- pair between the tells and for a • space of two (a) feet outside of each,rail with the same kind of _ w'Material �ithe uch used rnma We as meat or Subscribed and sworn to before me this •.••7th day of approved by the Board of Commis- arbiters, and all ties shall be laid upon a oongcete base of such thlek- neas as shall be directed by the Se.pt ember D. 19. Board of Commissioners. (c) Said track shall be laid and the road operated so as to cause nounnecm common a y impediment u to the common and ordinary use of said street upon which it is laid. .• (d) Salt city reserves the Notary Public. sight to regulate end control the speed ofe a all trains, engine and oarsite op. an by the grantee,, its ic0eoaorn and assigns upon maid tack. d1ti--ram!—2 S, My commission expires Advertising fee, $ • I (e) If,fp putting In said track, said granted shall remove or in any manner Interfere.with the pave- ment, sidewalks, curbs or gutters n said street,it shall replace such pavement with the same or with such other material as shall be or- dered by the.Board of Commission- ers and shall replace such sidewalks and such curbs and gutters to the satisfaction a loners and n of the shall Of Clcu ct l the gutters that they will sallow or.passage of water and to the satisfaction of the Board.of Com- miselonere. (I) Said,grantee shall put In and 'maintain such crossings o sold track ag'etcl''the time to time be required y the Board of Com- missioners. (g) flood and sufficient con- duits to convey water shall be laid and maintained to condition at the expense of saidaid grantee in all water ditches crossed by said track so as to admit of free passage of water. Section 3. Nothing to 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 fren- t may have been ormay here- after be granted,from pacing,sew- . sang, laying gas or water mains, pipes or conduits,altering,'repair- ing or in any manner Improving said street. ' Section 4. Said grantee herein,Its successors and assigns,shall,and by the acceptance of the privileges and franchise herein granted,and in consideration of the same,does bind itself, Its successors and Sc' signs,upon Its acceptance of this franchise,to save said city harm- less from all sults,claims,demands and judgments whatsoever,wheth- er in law or in equity,which shall be asserted,Sound or rendered in any myna whatsoever, against said city for injury Or damage to abutting property, personal in- juries or otherwise,by reason of the granting of this franchise, or by reason of the construction or op- eration of said spur track and that the grantee herein, its succeasors and assigns, will pay the amount Of any judgment,determination or adjudication,which In any suit'or proceedings may be or shall be found against said Salt Lake City; provided,however,that said gran- tee,its successors and assigns,shall have had notice of any such suits, and an opportunity to appear and defend the same,and said grantee, its successors and assigns,shall ap- pear In and defend all actions brought against Salt Lake City for any injury or damage by reason of the construction,d operation or maintenance'6. This spurnchlse 1s Section granted for the period of twenty- five years from and after the pass- age of this ordinance; provided, however, that if for a period of nine consecutive months during. the life o this franchise said spur. track is not used for the purposes for which this franchise is grant- ed, or.1f there Is a substantial abandonment,of the usereciof said spur track for said es,said franchise shall be voidable idable at the option of the Board of Commission- ers; and if so ordered byythethe Board of Commissioners, said spur track shalll within thirty days thereafter be removed and the street restored to a condition uniform with the' balance of midstreet with r pectI to grade, materials and con.seruh-I Hon,and-to Abe satisfaction of the. Board of Commissioners.- In-the event Of the failure of said railroad company to remove said track and'. restore said street upon such ac- tion and within said thirty days, the said work may be done by Salt' Lake City at the expense of the, railroad mpany. Section 6. Unless this grant and all the terms and conditions there- of shall be accepted,In writing,by herein the grantee within thirty days after the taking effect of.this ordinance,and unless such track be constructed within one year fro.n the date ordinance shall be nulll and void. Section 7. In the opinion of the Board of Commissioners it Is neces- sary safe- ty tothe ihenhabitants of Saeace,health t of Lake City,Utah,that this ordinance be- come effective immediately. Section g. This ordinance shall take effect upon its publication. Passed by the Board of Commie- toners of Salt Lake City, Utah, this 6th day of September,1933. HAROLD B.LEE, Temporary Chairman. (Seal) - ETh EL MACCitM NALD, Bill No.1& Published September 7th.1933. /3 1-0\ z5ff7 Proof of Publication From The Salt Lake Telegram County Entry No.