HomeMy WebLinkAbout16 of 1927 - Granting franchise to Dever and Rio Grande Western Railroad Company on 5th West between 6th and 7th .• LMLL _
23,
VOTING 1
6 Salt Lake City,Utah, Aug'
AYE N 192
,Y
Burton
Fehr I move that the ordinance be passed.
Finch
Moran _ r" _
Cot, honer of Streets & Public Improvements
Mr.Chairman - -
Result
/6
ORDINANCE
i
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAIL-
ROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT,
OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK OIER ANDI
ACROSS FIFTH WEST STREET BETWEEN SIXTH AND SEVENTH SOUTH STREETS
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 grant}.
ed to The Denver and Rio Grande Western Railroad Company, its suc
cessors and assigns, to construct, operate and maintain a standards
gauge railroad spur track over and across Fifth West Street between
Sixth and Seventh South Streets in Salt Lake City, Utah, the centei
line of said spur track being more particularly described as fol-
lows:
Beginning at a point on the west line of Block 27,
Plat A, Salt Lake City Survey, Salt Lake County, Utah,
393.7 feet north of the southwest corner of said block;
thence in a southwesterly direction along a 30° curve a
distance of 72 feet to a point on the present east line
of Fifth West Street 355 feet more or less north of the
north line cf Seventh South Street, as shown in yellow
on the attached blueprint.
SECTION 2. During the term of this franchise the grantee)
shall be subject to the following conditions:
(a) That said spur track shall be laid upon and conforms
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 pwn expense, change the elevation of the
track so as to conform to the same.
(b) Whenever said street where said spur track is con-
structed shall be paved, surfaced or repaired the said grantee,
its successors and assigns, shall pave, resurface or repair be-
tween 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 Com-
missioners,(and all ties shall be laid upon a concrete base of
such thickness as shall be directed by the City Engineer.
•
1 -
(c) The said spur track shall be laid and the road
operated so as to cause no unnecessary impediment to the common sad,
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 spur 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 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 Supervisor of Streets,
and shall so construct the gutters that they will allow free pass-
age of water and to the satisfaction of the Supervisor of Streets.
(f) Said grantee shall put in and maintain such cross-
ing 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 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, contractors
or persons or corporations to whom a franchise may have been or
may hereafter be granted, from paving, severing, laying gas or
water mains, pipes or conduits, altering, repairing or in any man-
ner improving said street.
SECTION 4. Said grantee herein, its successors and
assigns, shall, and by the acceptance of the privileges and fran-
chise herein granted, and in consideration of the same, does bind
I 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 ega ity,
- 2 -
which shall be asserted, found or rendered in any manner whatsoevei
against said city for injury or damage to abutting property, per-
sonal 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 as •
-
signs, will pay the amount of any judgment, determination or ad-
judication 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 de-
fend all actions brought against Salt Lake City for any injury or
damage by reason of the construction, operation or maintenance of
said spur track.
SECTION 5. This franchise is granted for the period of
I
twenty-five (25) 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 purpose 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 the
Board of Commissioners; and if so ordered by the Board of Commis-
sioners, said spur track shall within thirty days thereafter be
removed and the street restored to a condition uniform with the
balance of said street with respect to grade, materials and con-
struction, and to the satisfaction of the Supervisor of Streets.
In the event of the failure of the Railroad Company to remove said
track and restore said street upon such action, and within said
thirty days, the said work may be done by Salt Lake City at the
expense of said 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 ordinancig,_
- 3 -
and unless such trkrk 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 the Board of Commission-
ers it is necessary to the peace, health and safety of the in-
habitants of Salt Lake City, Utah, that this ordinance become ef-
fective immediately.
SECTION 8. This ordinance shall take effect upon its
publication. C
Passed #y the Bar mmissioners of Salt Lake City
Utah, this 1,, � Iay'Qf , 1927.
Y R
CITY RECORDER
Bill No. .
Published , 1927.
- 4
.-.0-, ...• ) 4 ,.: ."-J ,r. '.. c . -.:...,.:.1 ... ) ,-; (s
-ill •,,. ::. J.....; .,,-..... - ,,.; ,, ..,-. ,.'..:0 ..,,.:-.,, ...... .l' . .: ,;.:....
--s.1 3 .. ,.. ). . 1 . -,.. .,-.;„:1 . -:.).,.., ,. , . . ,...-;3.o..:, ',-; ,: :-... )
-----
, 1 • I rn P i ,...„
:,...
c,.
, ...
_......._ _ t , .
44
f.) I
v w. a
_ d G.�S iii. , IAI ). 1 iA
0 3 t S V P i.o_--.-
3
i�' I ies' o 85Sr/l/->i � tyy' ,yr >S�;I - -...-- ---- — �z.i 1_I� �8.1
vI �e u f = I Z, 1 i'I
I / dl r
a � 1 ;/ � lL I y III
o P
I M 9 I CZS N i , _ I
I
,i � del 1
1 — 111
o _ _> i N I
'0 4�s r ti cam,, .. « ._I• i I ':
1 J 1, y n i , 1
I I g IMy II VJ I
0 y 1 ! - G..d .PaM-crn Shoe//,Lts Q)ry 1 i
rq
fP. m �\ I
I i irk A" 1 _ j i I i. G/ 1 I
�I !,� II _ N I ��P N I
I fH ,Ve 1 d\ I �� I
' I o 1 dj, � N a� i ! I
l ! " I I Ii I, �I. ?
11
I 11>0 0 i A ;� ,--� I , 11
I �}l�'y I }� y oo s<ol<:f 11% yl
I ^ �` t j V m I l I
1 i 'PI i11 i' Ii i.
;;// m
I c.s' :E-- I '• f I,,.40 i �.. , Insl'Li.
j a4.o �s,1 j
y
c.o.\E`..l "r a A
- alrJ—c\ - 7 ) t�„V.P. 7 9 4 5 ��— — — — � 3��� _ I
_ _ / N--
9 fv1.7 _ [,c.l �.7V '- �Decci.3(isz H i1
i33 00 I I 1
Iz \�` Urd.)�n.2`r'Ni1.0..0e:dL ¢ I
I ,' �r'o e , !!!»>DDQ{{{«-.-,,\Sr . o' Tj
r Art -,I, I '
4,*,.,,,44„atrii lestliotoz44. cy 7 54?,1 • 78 - I - --I
. • I: _— I \I _ .e
11,
i _ t_?_' �j"_`--- �oe'+<"as also ..� I _
-"� _ • rll
I.
B
_
_
, 17411111 -716, .
iVcs.*:'-',:
,., ' 1
MLA 4 • I
V*,','' t. ' I
I
44 i •c* !
'
.4. ,
i
11
'
[
I
I
j'I
4
1
I
1
/ i
.5.. ',‘..--7;''/>t'D
V' 1
1 • '/&\,1'y . i
i a-
: .vi E / ( -3
1,>. ' >-4 ',-. )6
,,, r" .
\ v
,\,,,f. D ? -,L ! i
\ ,,, i.., vlo 1 )0.. 2 (''''
,,,,, t..:_ '---,IA .< 2 0: v , i
'K,. SI m t
111 l'-' 't)t. -
- ,
. ,
7:, ,k <,:z gl. 0 -0 $> . k 1, ,
„1--- _. 1
, , ,
,,,., ,-, z -65 0 , , ,
4 .' I:::, ,.._--',, F7 ND (L. 17 V
......4 k3 v -4 in
s
, , °' 0 i. - 1.2
...---. ,, , i.
i 4
. ii "zy
1 . f --f ,
,
. ,1
I
,
,
1
1
,
1
1
i
1
1
--
1,1
[
•
.•
•
Proof of Publication
•,
•
Ijlll tf llili Rlil
Ural r!_ I STATES 01 An1LItICA,
•
bull L OF ETA I, as.
Comity of Salt Lake. •
•
OROINAGE.AN OItDINANN(Id NGRAN'CING TOI toSEC'CION 3.admit of passage ofwater.Nothing
this grant
TEE DIONVER & RI() GRANDE shall be so,
construed :is to prevent
W t:S'Ch:RN RAILROAD COMPANY, Salt Lake City, or its aathorizrd
•
ITS SUCCESSORS AND ASSIGN'S, agents.contractors or persons or -
'1'HI4 RIGIT 'CO CONSTRUCT, OP- potations to whom a franchise m •
IRATE AND MAINTAIN A STAND- have been or
may hereafter he grant-
ARD GAUGE RAILROAD SPUR ed. from paving, sewerbrg, laying gas Auston Johnson
RACK OVER AND ACROSS FIFTH or water mains,pipes or conduits,al- 1, hilly first duly
W EST STREET BETWEEN SIXTH tering, repairing orany manner
AND SEVENTH SOUTB riTILLE'P5. Impr'uring safU streeee n t.
IN SALTLAcKE ined CITY. uTAII,Roarb, thed SECTION 4.or it, NUCCCS,01,a Said grantee herein, sworn, depose and say that I am the Chief Clerk of the SALT LAKE •
of Sal. Lake City, by the assigns,the shall and
o f n ug •
1.Commissioners e 1 franchise 1 'I El LGKAM, a newspaper of general circulation, published every day
granted d
SECTION ION I franchise and right consideration u f •the 1 b 1
of way i. belch}granted to The Jeu- Itself,its ysuccessors and assigns,upon
v•� 1. RI Grande -Western Railroad t - tl f this frane.hi to t,
nl it:,U and .I5 t said city) la
„ harmless flan,an suit. al Salt i dkz (.ity, Stat: of Utah. •
to construct, operate and maintain a claims, demand,. tad iudsmen1= •
gauge railroad KM, track- whatsoever, 'whether , law
i acrOSS Fifth West Street t equity,which h Il be asserted.fout.,7 •
tween Sixthand Seventh South rendered y - I t do Ordinance Bill # 16, •
Streets, in Solt-1„Jae City. Utah the e ag.un.t said sty fo injury o That the notice .. r •
ntcr of said spur track being more damage lit abutting property', per-
'
particularlydescribed follows: o sr 1 injuries or tl se.by rensoa
•
Beginning al. point, on the west of the granting g of this franchise. .11. •
line of Block 27,Plat A,Salt Lake City by of tl n t uctinn o oper
avey,Salt Lake County, Utah,393.7 atinn of said spur co
and that the
feet north of the southwest corner of grantee herein,Its succes
sors and as-
said
Meek, thence In a southwester'le signs, w111 pay the amount of any
direction along II 30 degree curve a judgment. determination or adjudtea.
distance of 72 feel In a point on the Lion which in any suit or proceedings
present cast line of Iriftlt West Street may lie or.shall be found against said
II more or less north of the. Salt bales 'itiI provided, however,
a ,Ilh line of Seventh.South Street that said
shown in yellow tut the attached blue shall
itee, its successors end •
signs, shall have had nonce of any
print. shell suits and a opportunity to ap-
sEcTrCN During the term of pear and defend an
s and said
jthis franchl.ff the grantee shall be grantee, itssuccessorsviand assigns. of)vhich a copy is hrreto attached, was first published in said newspaper
subject to the following conditions: shah appear 1n ic(cad ll ae L
(a) That said slur track shall be lions,brought against Salt Lake City
laid p I conform to the grade f for Y injurydamage by
id street. f 11 grade Or the t r operation
- in its doss, iatett the 23.rd, dayof 4'gu,$'$ 19.27.,
flea I .I Felt ordinance of the t• e ,f ac i 'n tract 1• - .
Near 1 of City t.o ds:I l er+, the SECTION This s franchise i
grantee R shall, t Its own 4 granted [ u Period ftwenty-five
change the lev t1 f the track 4.45)years from and aft,the
I. r 1. u f u c
t i •id d h passageand (Vas published in each daily issue of said newspaper, on
(I,) Whenever said street, where that if for a Period of 1r
spin track Is constructed shall be. Live months during the i life of�this
- .paved, f .d or repaired theaid franchise said spur track is not used
t thus it esso and g r which the purpose f hich this f - for ��"�
•
sir,.11 pavet s
surface
o repair 1 chile is granted., if there.Is sub.
r the ran, and for a space of stantiol abandonment of the u of
two()feet outside of each 11with ail e. . spur eel:for said purposes,said
the 11 1 f t ,1 1 ] franchise shall be voidable:t the 1 ail Lliafti'.I' the full period of ....1.Insettion
the said ,irist or with such other >r of this Boardof Corn iss', ero
,a lerial ns m.li l>P.approved by tile d
e and it s ordered by the Board
a f
•
f Commissioners,and all ties C'a I i _. id 1 tshall,1
.rl'I 1 d I to base of sift thirty days the,after,ft 1 e the last publication thereof being in the issue bated the
23rd
mesh tl Inc.; shall be directed moved an d ore street eet restored to a •
by the City Engineer. condition uniform with the balance.of
(c) The. Nadi sour tract, shall be said street with respect to grade,n -
laid and the rn;td operated so as to terial4 and construction, and to the •
unnecessary •
4,m4e. no
impediment to satisfaction of the Supervisor pf day of August A, D. 19.2.7.
the c 11 Y of said tit t I ❑ . n t f tl failure f •
street t •1111 1 It is laid. 04
11 S Railroad Company a t said
( a1 1 City the track ao d L 7bstreet ���/
right tregulated control the I action, d within id thirty
i •
l d I y trail, e I 1 the ] k Y L d- b
operated 1 assigns,
tl grantee, itsSalt Lake(
J t the p f '3 /
sors d q 1 Id track. Railroad Company. •
le) It In putting In 4.,ht spur I Lull CTS 'sLIL y 1 -
1 t -1 r.,1noe or I any 11 ❑ t d Iltl- thereof `ul;a i ihi a
Interfere with the Pavement, shall 1 g y 1 :alai sworn to before me f lis� .24t}1.. day of
accepted 1 it I tl •
'mintier sidewalks, L gutters Id grantee herein itl I thirty days
street,It shall replac4 .h pavement after the taking ff t of this d1 )
1 the same or shall l l other r i I and 1 1 track 1 AU }j.LBt
as A D.I, ordered the Board t tt d to y f the '
Commissioner:, d shall
it 11 .l date C such passage, then this dl
pidewallcs atut such curbsi gutters Ishall 1. null and void. •
•
t the f theS f f Sr CTION 1 the opinion f the /
f Streets, d shall so eeconstruct the Board f C I it _
„utte tl t th y avid allow frep sary to the{Lae peaee.health I safety of Notar public.
age of water 1 to the satisfaction theinhabitants of Salt Lake City, ( y
of the SuPervisor of Streets Utah. that this ordinance become ef-
(f) Said grantee shall put in and factive immediately.
tmaintain .such crossing over said SECTION S. This ordinance shall
rack as shall from time to time be take effect upon its publication. Novembe2' 25th.
-1y commission expires ,1929.
required by ate-Board of Commis- Passed by the Board of Commis-
sloners, slnu erg of Salt ILake City, Utah, this
(g) Good and sufficient conduits to 23d day of August,1927. AI(LI Ieii fc'e,Bey water-shall be laid and main- C.CLARENCE NES'EN,Mayor.
-
tainrd In Food condition al the. ex- D.H.CANNON,City Recorder,
pew, Of said grantee. In all water Bill No.10.
alitah cu crossed by said track, so as Published August 23d,1917,
•
•
•
•
11