HomeMy WebLinkAbout131 of 1950 - Granting to D. & R.G.W.R.R.Co.(Denver & Rio Grande Western Railroad Company), franchise to constru Affidavit of Publication
STATE OF UTAH, 1
}ss
County of Salt Lake
LegaL,Natices
AN ORDINANCE
AN ORDINANCE GRANTING TO
THE DENVE RIO GRANDE
WESTEERN R �FOOAD COMPANY, r l -r. -:
ITS SUCCESS S AND
OP-
ETHE RATE M STAIN CONSTRUCT,STAND-
ARD GAUGE RAILROAD
gg µs SPUR Being first duly sworn,deposes and says that he is the ad-
EENT'STftET11 ,U19FR1ENE ENT' 1
SOUTH STREETS.IN..SALT LAKE vertising clerk o f THE DESERET NEWS,a newspaper
CITY, UTAH TO SERVE INDUS-
TRIAL..Lf R YT y ES0 KRAFT published in Salt Lake City,Salt Lake County,in the State
POOD'
.Be It,.,ordalrled..hy thn.9card of
Commissioners of bait Lake City, of Utah.
Utah:
E gTIO 1. A fraebnIse and
Skiffs
`d Wel IRI hereby
anted to
Wuc That the advertisement
The
etmp any a its
and assigns to construct. op-
erate d maintain a•�tandpdd
stag rT El sits Keck eV d i 1 )i'1 sill:'. e. ��1.'t11_ ',.ir�i I�._I „i, i1
tween
Th taL to shlnddp,t�n`q�¢0ooy A'F-Suutil
St t In Salt atcG Cltf�Utah,10
serve Industrial ��ppproo��phherty of Kraft
Ff rh0,°7,9RAO O jl'th part
iew ACatrack
S center.Dnem1 t,ly deB10 track
beta tel:V e particu�erly IOn..lbed as
.�SrLfeaB:4 sIO:..
f�t;9ey1 g e the 91T ulna of
th zlsoing a tared track t The
rAenyEf;pc Rio Orantle 2VfestDrvr Rflil-
a p nYs 11 g track-
s �tSt�dlt,Sel,'I4b h 5 d Eee- was published in said newspaper, in its issue dated, the
rraamd�ppit §eatlq 11ggboq j-]]35 feet
.t ees£HIi h!'east 11- o Waor lire
g. t e Z, i,;P,f Oath.of the day of A.D.19
our 10N.cpt R m'erird ebla a ITN!oar FEP C��StMyhtj Nerd dAid track
a eunv yllep,rpI0e 0 f;s7.Ias tee'', 1.
91 t?'`Ehe'AHC •inLmg esterly and was published Ov1._J4i.1.__.1-:2, 1',.'0
curveon to the right with a
ra-
dius of1Vg.1g$5 tact,106-6 feet
r leas,RS/DIf ®y Ilne.uf Weshlne-
mr Agtrro�ki�ay0Npy}9 feet nPrtt Irmn the last publication thereofbeing in the issue dated the
street;
d;d ohe'bf bt dfteenth eecuth
strew,Qyiheructq�g�l�lljQrtloi ht#esterty
P dive-0f}1901,4`ter h`Io Its dayof A.D.19
thence ro YqMn{se5 i( o etas-• fi
gent Io pni'S �S i iP Me'
t Inge behRip HMplsi serest,. /�/�J� �L
feet Eangehu parallel and a'/ �L///, ( �-C-�
feet nenthe 8"northeet. •
Ilse ofPou G4
The locatloc h IAduertisin Clelek___�.--
WbP a enter line P! g
seta track Is g ph Many shown In
yellow Open this"a de,a d print,
which Is hereby_,searlel a part of
this Ordinance.
SECTION 2. During the term of
this franchise the grantee shall he day subject(a) Thatto hsaid(lowin track gshall be laid o before me this 1' t k' day of
upon and conform to the grade of
s Id street and shall at all times
be maintained by the grantee to A.D.19 ''c1 conform to the grade t said street,
and If said grade Is afterward
changed by ordinance of the Board
of City Commissioners, the grantee
shall, at Its awnexpense, Mange �e� s
the elevation of the track so to 1
conform to the
(b) Whenever said treat here "\ I (1,��-s,Q
said track Is constructed t led shall be
\\ ^G�-SX ,Jna,
paves re,rfacad or repaired, the Notary et,
said grantee.Its success d as-
signs, hall pave, resurface or re-
Pair
between the rails and ider
space at two (2) feet outside of
each rail with the same kind of
or with
usawls
n e said street,
app approved
materiala may
be apners,a bythe er Board of shell
laid
Com-
missioners,oa co,and all ties s suc be thick-
upness a rite base of such threId
Hess e shah be oners. by card
[ Board of Commissioners.
ROLL CALL
VOTING Aye I Nay
Salt Lake City,Utah, ,195
Affleck I move that the ordinance be passed.
Christensen . . .
Lingenfelter . xwt
Romney . . . .
Mr. Chairman j AN ORDINANCE
Result f
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY, ITS SUCCESSORS ANC--ASSIGNS, THE RIGHT TO
CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK
OVER AND ACROSS WASHINGTONjSTREET.�4ETWEEN THIRTEENTH AND FOURTEENTH
SOUTH STREETS IN SALT LAKEr�UTAH, TO SERVE INDUSTRIAL PROPERTY
OF KRAFT FOOD COMPANY .
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 succes-
sors and assigns to construct, operate and maintain a standard gauge
railroad spur track over and across Washington Street between Thirteenth
and Fourteenth South Streets in Salt Lake City, Utah, to serve indus-
trial property of Kraft Foods Company in the south part of Block 1,
Temple View Addition, the center line of said spur track being more
particularly described ae follows:
Beginning in the center line of the existing easterly
track of The Denver and Rio Grande Western Railroad Company's
interchange trackage at Fourteenth South and Second West Streets
about 135 feet east of the east line of Washington Street and
70 feet north of the north line of Fourteenth South Street,
thence westerly on a turnout to the right from said track on
a curve with radius of 193.185 feet, 41 feet; tb.ence continuing
westerly on a curve to the right with a radius of 193.185 feet,
106.6 feet more or less to the east line of Washington Street
about 9 feet north from the north line of Fourteenth South
Street; thence continuing westerly on a curve to the right with
a radius of 193.185 feet, 10 feet; thence continuing westerly
on tangent to said curve 56 feet to the west line of Washington
Street, said tangent being parallel and 82 feet northerly from
north line of Fourteenth South Street.
The location of the center line of said track is graphical-
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:
1 3.1
-2-
(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
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 betwee
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 wit
such other material as may be approved by, the Board of Commis-
sioners, and all ties shall be laid upon a concrete base of
such thickness as shall be directed by said Board of Commis-
sioners.
(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 con
trol the speed of all trains, engines and ears operated by t he
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,
curbs or gutters on said street, it shall replace such pavemen
with the same or with such other material as shall be ordered
by said Board of Commissioners and shall replace such sidewalk=
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 satisfactio
of said Board of Commissioners.
(f) Said grantee shall put in and maintain such crossings
over said track as shall from time to time be repaired by sai.
Board of Commissioners.
(g) Good and sufficient conduits to convey water shall be
laid and maintained in good condition at the expense of said
-3-
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 a
to prevent Salt Lake City or its authorized agents, or contractors,
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 and as-
signs, shall and by the acceptance of the privileges and franchise
herein granted, and in consideration of the same does hereby bind
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 opportunit•
to appear and defend the same; and said grantee, its successors an.'
assigns, shall appear in and defend all actions brought against
Salt Lake City for any injury or damage by reason of the construo-
tion, 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; pro
vided, however, that if for a period of nine consecutive months du -
ing 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 sub-
stantial abandonment of the use of said spur track for said purposs,
said franchise shall be voidable at the option of said Board of Co.-
missioners; and if so ordered by said Board of Commissioners, said
-4-
track shall within thirty (30) days thereafter be removed and the
street restored to a condition uniform with the balance of said
street 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 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 condi
tiona thereof shall be accepted, in writing', by the grantee herei
within thirty (30) days after.)th9_taking efreet of this ordinance,
and unless such track be constructed sitthiz' orie yearn from the dat.
of such passage then this ordinance shall be nii11 and void.
SECTION 7. In the opinion Of.said $eSz'Ed. Of/ Commissioner.,
it is necessary to the peace, health and safety'of theinhabitants
Of Salt Lake City, Utah, that this ordinance become effective im-
mediately.
SECTION 8. This ordinance shall take effect upon its
publication.
Passed by the Board of Commissioners,of Sglt Lake City,
Utah, this Ith day of DECEMBER , A- T.
i y eeoorder.
i
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Wash ..ylei? Ave /d_.__ a ..11 I, ,. ^. Ai
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hem I1
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SALT LAKE CITY, UTAH '-----' --
Proposed track to serve the Kraft Foods
Company property in the south part of
Block 1, Temple View Addition. ,
Scale 1"-1001
SLC 11-3-50 0
. li
I
I
(c) raid track shall be laid
and the road operated s to
lses no
unnecessary
impediment s
ts of
1d streetoupon .h lch 1t 1e llaid.
fd) Salt Lake City reserves the
right to regulate and control the
speed f all trains,engines and cars
operated
by the grantee, its s -
cesck, andssor assigns, ,upon said
tr
(e) If,1n putting In Bald track,
eaid grantee hall r r In any
Interfere with remove
pave-
osen[t,, sidewalks, gutters
said street,ft hall replace such
h
suchn other material as shale l rhewore
dared by s Id Board or Commission..
e rs and shall reuia ee such side-
walks anh the satisfy tion of said rs an gutters
Board
ofCo
mmissioners
these,gutters n that al they event
allow the free passage of ry
oyeLe the satiaiectiou of Bala Board
f Commissioners.
(I) Said grantee shall put in
and maintain such crossings
over eats track as shall from time to
time be required by sold Board o1
Commissioners.
(g) Glad and sufficient ton.
dulls 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 eO as to admit rt free passage
of water,
SECTION 3. Nothing In this
grant shall be co Construed as to
prevent Salt Lake City or Its au-
thorized agents, or ontractors, or
persons or
orporetlons to whom a
franchise may have been or may
hereafter be granted, from paving.
taring,laying gas ormains,
r
pipes o conduits, altering,rrepalr-
lag, In any manner Improving
acid street.
SECTION 4. Said grantee here-
in,Its successors
c s and assigns, shall
and by the acceptance of the poly.
lietee and irancb,sc herein grant-
ed, and In COnsideratinn of the
same does hereby bind Itself, its
successors and assigns,upon its ac-
ceptance of this franchise, to save
.said City harmless from all sults,
claims, demands and lodgments
whatsoever, whether In law or In
equity, which shall be asserted,
touch rendered In any a
manner whatsoever against said City far
Injury or damage to abutting prop-
erty, personal Injuries or other-
wise,by reason
of the granting of
this franchise,or by reason
of the
construction operation of said
track and that the grantee herein,
Its successors and assigns, will pay
the amount of any lodgment,deter-
mination or adjudication which In
any suit or proceeding may be or
hall be found against said Salt
Lake City; provided, however, that
said grantee.Its successors and as-
signs,suits
and
had notice t any
such pe suits a opportunity to
appear and tllie atd the s and
sand grantee,tts su e same;
ea-
a!lns, are bvtUg Hassid defeat
La actions many against dam-
age by City for any injury or dam,
ope reason
of the construction,
operation Or maintenance of of said
try
SECTION 5. This franchise le
granted for the period of fifty(SO)
years from and after the passage of
this ordinance; provided, however,
that if for a period of nine con
-
secutive months during the life of
this franchlae said epee track is
not used for the ,purposes for
Which this franchise Is granted, or
if there is a substan¢tial abandon-
menu of the use of elisdd spur track
for said purposes, said franchise
shall be voidable at.the option of
said Hoard of.Commisslaners; and
1f so ordered by,said Hoard e
Commissioners, said track shall
within thirty (30) days thereafter
be removed and the street -
stored to a condition uniform with
the balance of said street with re-
spect to grade, materials and con-
struction and to the satisfaction of
said Board of Commissioners. In
the a ent of the failure of said
grantee to r said track and
ashore said street upon such
ac-
tion and within sell thirty (301
days, the said work may be glint
by Salt Lake City at the expense,
of the grantee.
SECTION 6. Unless this grant
d all the terms and conditions
thereof shall be accepted, In wtit-
ing, by the grantee herein Rhin
thirty (30) days after the taking
effect of this ordinance, and un-
less such track be constructed
within one year from the date of
such passage then this ordinance
shall be null and Vold.
SECTION 7. In the epin1on of
said Board of Commissianers, It is
necertary to the peace,health and
safety of the Inhabitants of Salt
Lake City, Utah, that thin ordi-
na
nce become effective immediate-
ly.
SECTION S. This ordinance shall
take effect upon Its publication.
Passed by the Board of Commis.
e
of Salt Lake City, Utah,
thin 1a4th day of December. A. le
1950.
EARL J. GLADE,
Mayor.
IRMA F.BITNER,
City RemOodel.
(SEAL)
BILL NO. 331
Publlsbed Decepiher la,1990
131