16 of 1929 - Granting franchise to Salt Lake and Utah Railroad Company for tracks on 9th South Street between Mai t
AN ORDINANCE.
An ordinance granting to Henry I. Moore and
D. 1'. Abercrombie, Receivers for the Salt Lake and Utah Railroad
Company, and their successors and assigns, a franchise and right
of way to construct, maintain and operate two single spur tracks
from and between the track of the Salt Laic and Utah Railroad
Company as now located and constructed in Ninth South Street
in Salt Lake City, Utah to the property line on the south side
of said. Ninth South Street.
Be it ordained by the board of commissioners
of Salt Lain City, Utah:
Section 1. A franchise and right of way is
hereby granted to Henry I. Moore and D. P. Aberor cmbie, receivers
for the Salt Lake and Utah Railroad, their successors and assigns
to construct maintain and operate two single spur tracks from and
between the line of the Salt Lake and Utah Railroad on Ninth South
Street in Salt Lake City to tie property line upon the south side
of said street as follows:
Beginning at a point in the centerline of the track of the
Salt Lake and Utah Railroad Company, as now located and con-
structed in Ninth South Street in Salt Lake City, said
point being 7.86 feet south and 54.40 feet east of the city
monument at the intersection of West Temple and Ninth South
Street; thence southeasterly along the line of a curve to the
right, having a radius of 200 feet, a distance of 49 feet;
thence along the line of a curve to the right having a
radius of 125 feet, a didanoe of 95 feet more or less to a
point on the south line of Ninth South Street, said point
being 149 feet east from the northwest corner of Block 22,
5-acre Plat "A", Salt Lake City Big Field Survey.
Beginning at a point in the center lineof heatrackted a of f the
c oe-
Salt Lake and Utsh Railroad Company, e w
structed in Ninth South Street in Salt Lake City, said point
being 7.86 feet south and 402.0 feet east of the city mon-
ument at the intersection of West Temple and Ninth South
Streets; thence running east 42 feet; thence southeasterly
along the line of a curve to the right having a radius of
120 feet, a distance of 126 feet more or less, to a point
on the south line of Ninth South Street said point being
244.0 feet west from the northeast corner of-Lot 11, Block
22, 5-acre flat "A", Salt Lake City Big Field Survey.
Section 2. During the term of this franchise
the grantees shall be subject to the following conditions, viz:
(a) That said spar track shall be laid upon
and conform to the established grade of said street and if said
the grantees eshall,c at their hanged yown expense, charge ordinance of the o the elevaard of tions ere
of
the track so as to conform to the same.
(b) Whenever said etreet where said tracks are
constructed shall be paved, repaved, resurfaced or repaired, then
said grantees, their successors and assigns, shall Piave, repave, re-
surface or repai between and
a space of
outside of eachrailwith railsr
the same kind ofmateri two alusedon said
ed
ofrcomm or with such issioners, andeall ter ieserial shallasbe laideupon avconcreteebs board.
of such thickness as shall be directed by the Commissioner of Streets
and Public Improvements.
In the event said Grantees shall fail to pave, re-
pave, resurface or repair and surface antiarea as herein required
for a period of thirty (30) days after notice from the Board of
Commissioners so to do, the city shall have the right to pave,
repave, resurface or repair said surface or area and the grantees
agree to reimburse the city for the total cost of said work, labor
and material.
(c) The said spurtracks 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 they are laid.
(d) Good and sufficient conduits to convey water
shall be laid and maintained in good condition at the expense of
said grantees in all water ditches crossed by said spur tracks so
as to admit of free passage of water.
(e) Salt Lake City reserves the right to reg-
ulate and control the speed of all trains, engines and oars oper-
ated by the grantees, their successors and assigns, upon the spur
tracks aforesaid. Neither the engines nor cars shall be permitted
to stand on said spur tracks on Ninth South Street.
(f) That if in putting in said spur tracks said
grantees shall remove or in any manner interfere with the pavement,
sidewalk, curbs, gutters or waterways on said street it shall re-
place such pavement with the same or such other material as shall
be ordered by the board of commissioners and shall replace such
sidewalks, curbs, gutters and waterways to the satisfaction of the
Commissioner of Streets and Public Improvements and shall so con-
struct the gutters and waterways that they will allow the free passage
of water, to the satisfaction of said commissioner.
Section 3. Nothing in this grant shall be construed
so as to prevent Salt Lake City or its authorized agents, contractors,
persons or corporations to whom a franchise may have been, or may
hereafter be granted, from paving,sewering, laying gas or watermains
or pipes, altering repairing, or 1.n any manner improving said street,
but all such improvements shall be made with as little injury as
practicable to said spur tracks and the operation thereof.
Section 4. The said grantees herein, their successors
and assigns shall, and by the acceptance of the privileges and
franchises herein granted, and in consideration of the same, do
bind themselves, their successors and assigns, upon their acceptance
of this franchise, to save the 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 or
otherwise by reason of the granting of this franchise, or by reason
of the operation of said spur tracks; and that the grantees, their
successors and assigns will pay the amount of any judgment, deter-
mination or adjudication which in any suit or proceedings may or
shall be found against Salt Lake Lity, and the said grantees, their
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 said spur tracks; provided,
however, that said grantees, their successors and assigns, shall
have had notice of any such suits and an opportunity to appear and
defend the same.
Section 5. This franchise is granted for the period
expiring on the first day of January, A.D. 1962; provided, however,
that if for a period of nine consecutive months during the life of
tr_is franchise said tracks or any part thereof are not used for the
purpose for which this franchise is granted, or if there is a sub-
stantial abandonment of the use of said tracks or any part thereof,
this franchise shall be voidable at the option of the board of
-2-
commissioners, and if so ordered by the board of commissioners,
said tracks shall within thirty days after notice be by said '
grantees removed from the street, and the street restored to a
condition uniform with the balance of said street with respect to
grade, materials and construction to the satisfaction of the
Commissioner of Streets and Public Improvements . In the event
of failure of said granteesto remove said tracks and to restore
said street upon said notice, and within thirty days thereafter,
the work may be done by Salt Lake City at the expense of said
grantees.
Section 6. Unless this franchise and all the
terms and conditions thereof shall be accepted in writing by the
grantees herein within thirty days after this ordinance becomes it
effective, and unless said track be constructed within one year
from the effective date thereof, then this ordinance shall be
null and void.
Section 7. Whereas in t ion of the Commission
an emergency exists, this ordinance shall take effect immediately
after publication hereof.
it
Passed by the board of commissioners of Salt Lake
City, Utah, this 28th day of May , 1929
Mayor.
Ci y e:corder.
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Proof of 11ut diratwu
'rotted'sates nflitmertra
STATE OF UTAH SS.
COUNTY OF SALT LAKE
;,: 10:4014ANCg. .
Ms ordinance granting'to Henry I.
Mugr5 and MY.Abercrombie,Receivers HARRY WOLFF
'for the Salt:Lake&Utah Railroad Coin-
Pany,and their sileeesiere,and assigns,a
fret:Min.and right of Way to,construct,
:malptanr and-oQerace.awo single being first duly sworn,deposes and says,that he isthe Principal Clerk
';Cratks from-and between the track of• ,
fheealt Lake.&Utah Railroad Company
as now located and constructed in Ninth of the SALT LAKE DAILY TRIBUNE, a newspaper published in
'South Street In Salt-Lake City.Utah,to
t9e'Sproperty line on the south Side of '
ntid.Ninth South,atreet. Salt Lake City,Salt Lake County,State of Utah.
BB'it ordained by the board of com-
missioners I
of Salt Lake City,Utah:
Section 1: gA franchise and right re AN Q]� C�
way A hereby granted, Henry I.Moore. That the Notice and A,.F.de Utah
Rai receivers for the
•
Salo Lase :assigns Utah Railroad.their suc-aletaa
d o rase o single
main- '
trim'ad:betwe two smite spur tracks Salt ! SALT LAJ.0 CITY CORPORATION.
Lglld�& between the line the Salt !
Sake&-Utah Railroad•City Ninth South
Street in Salt Lake•out tos the prop- '
arty line upon the south side of said
;attest as.follows, THEOFFICE OF T C ITY RECORDER.
Beginning at 8 point in.the center '
line of:the track of the Salt Lake&
-Utah Railroad Company,as now locat- -
;ed.and-constructed in Ninth South .
. Street in Salt Lake City,said point ;
being-7.ti feet South an 54.40 feet east ,
of the city monument at the inter-
.section of West Temple and Ninth ;
Sciutlr Street thence southeasterly of which a copy is hereto attached,was first published in said news-
along the line of a curve to the right, I
.'having a radius of 200 feet,a distance I
of 49 feet;thence along the line of a
on°Ve to the fight,having a radius Of 29th
126 feet,a distance of e5 feet more , paper in its issue dated the
Or leas to a.point on the'south line of ,
Ninth South Street,said point being
140 feet east from the northwest cor- i Lay 192
se ,er of Block 22,5-acre Plat"A,"Salt day of '
Lake City Big Field Survey.
Beginning at a point in the center I
-line-of the track of the Salt Lake& ; and was published in each daily issue of said newspaper, on
Utah RallrOad Company,as now locos- 1
ed:and Contracted In Ninth South•I
Street in Salt take City,said point
' being 7.88 feet south and 902.0 feet May 29 th. for
east of the city monument at the in-
tion of West Temple and Ninth
South
South Streets;thence running east 42
feet;-thence southeasterly along the
line bf a Curve to the right,having a thereafter,the full period of One insertion,
radius of 120 feet,a distance of 126
feet more or less,to a point on the
south Iine of Ninth South Street,said
-point•being 244.0 feet west from the
•northeast corner of Lot n,Block 22, the last publication thereof
5-acre'Plat."A,"Salt Lake City.Big
Field Survey.
Section.2.-During the terms of this
franchise
o th followl g grantees shall subject being in the issue dated the 29th day of
(a) That Said spur track shall be laid
upon and conform to the established
grade ot,said street,and if Said grade Is Mayaftgrwpr their own
by ordinance of the yD,192 9
bated"oT .changed
onsrs, th�grantees
sila}1 at their own expellee.Change the
elA�tion Of the track'so as to Conform
..
l tchnee
29th
Subscribed and sworn to before me this day of
May A.D.192--9 .., /
Notary Public.
Advertising fee,$
fb) Whenever eats street where eats
ecpp ed}r reesure�faced or repaired,thenaitructed shall be d a
grantees. their- and assigns,
shall pave,repave,resurface or
between the rails and for a apace of two
feet outside of each rail with the same
kind of material used on said Street,or
With such other material as may be ap-
mDoved by the board of commissioners,
and'a11 ties shall be laid upon a con-
crete base of such thickness as shall be
directed by.the Commissioner of Streets
a)td'.Pnmlo Improvements.
3n.the;event said grantees shall fall
tO pa er.reDave.resurface or repair and
surface'any area es herein required for
ice
from the Board od of thi of o30)days after rt (Commiieatonee s ato
do,the city shall have the right to pave,
repave,resurface or repair said surface
or area and the grantees agree to reim-
burse the city for the total cost of said
work,labor and material,
(c) The said spur tracks 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 they are laid.
(d) good and sufficient conduits to
convey Water shall be laid-and main-
tained in,goneQic-�lIndition-at the expense
of said kraateoy in all water-ditches
crossed by said opur tracks so:as tO ad-
mit of free passage of water.
(e) Salt Lake City reserves the right
to regulate and control the speed of all
trains,engines and oars operated by the
grantees,their successors and assigns,
upon the spin'tracks aforesaid. Neither
the engines nor cars shall be permitted
to stand on said spur tracks on Ninth
South.Street.
(f) That If,In putting In said spur
tracks,said grantees shall remove or 1n
any manner interfere with the pave-
ment,sidewalk,curbs,gutters Or Water-
ways on said street,It shall replace such
pavement With the same or such other
material as shall be ordered by the board
t commissioners and shall replace euch
sidewalks,curbs,gutters and waterways
to the satisfaction of the Commissioner
of Streets and Public Improvements and'
shall so construct the gutters end wa-
terways that they will allow-the free
passage of water,to the satisfaction of;
said commissioner. •
Section 3. Nothing In this grant shall'.
be construed so as to prevent Salt Lake
City or Ito authorised agents.contra,!
tors,persona or corporations to whom a
franchise may have been.,or may here-'
after be granted,from paving,sewering,
laying gas or water mains or pipes,al-I
tering,repairing,or In any manlier im-
proving said street. but all such im-
provements shall be made with as lit-
tle injury as practicable to said spur
tracks and the operation thereof.--
Section 9. The said grantees herein,
their successors and assigns shall,and,
by the acceptance of the privileges and
franchises herein granted,and In con-
sideration of the same,-do bind them-
selves,their successors and assigns,upon
their acceptance of this franchise, to
save the city harmless from all suits,
claims,demands and judgments what-
soever, whether in law or in equity,
which shall be asserted,found or ren-
dered in any manner whatsoever,against
said city for injury or damage to abut-
ting property or otherwise by reason of
the granting of this franchise, or by
—reason of the operation of said spur
tracks;and that the grantees.their suc-
cessors and assigns will pay the amount
Of any judgment,determination or ad—
judication which In any suit or pro-
Oeedinge may or shall be found against
Salt bake City.and the said grantees.
their successors and amigos shell appear
in and defend all actions brought agsiaet
Salt Lake City for any injury or dam-
age by reason of the construction,oper-
ation or maintenance of said spur tracks,
provided, however, that said grantees.
their successors and assigns,shall have
bad notice of any such suite and an
opportunity to appear and defendthe.
Section ri This fagfranchise n1s granted
LO,r the period oI).19 g op the flrat day
e r that
nine offer la uring t of mho con-
secutive ma trackss during any
partliar of ere-
franchise said p9 th ic-
thle f not usedireIsf then purposegranted,
I for which
able ile is gion a or 1[there is
a substantialtessabandonment r h the eo, t of
is
'said Weeks or y part thetet op-
tics oft shall be commissioners,
tato the op-
tics the board of c board coin and
if ne ordered-tracks the
sboard of c mintt-
d a;eaid r-notice. shall,said within tutety
es
days ed rom tthe,be byt, said Street
-restored
from the street,sod the the
'Oclanco ofto a consaid
etionrec uniform,respect with too
hrade. said atreet Wfgotion e
'$and 1tioas }fa And;Arise le ion to thf
sa4leefactlort of u ebe mprovements.
Btelf-ate and pus.If said grantees
s In
remove rid tracks and tot o-ore-said
street upon said notice,and within thir-
ty days thereafter. the Work may L
done by Salt Lake City et the eapeass
,of said grantees.
Section 6. Unless this franchise and
all the terms and conditions thereof
shall be accepted in writing by the gran-
tees herein within thirty days after thie
Ordinance becomes effective,and uhlesa•
said track be constructed within one year
from the eft-lave date thereof, then
this-ordmaac yyjb6ail be nun and void.
Section 7. areas in the opinion of
the Commission an emergency exists
this ordinance'shall take effect Imme-
dietely after publication beredf.
Passed by the board of commissioners
of Salt Lake.City,Utah,this 28th day
of May.1929.
]Ethel Macdonald.BOWMAN.
Recorder.
Bill No.16,
Published May 29,1929,
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PROOF OF PUBLICATION
FROM
It1pi)alt Enke lEribung
c
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County
Entry No