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HomeMy WebLinkAbout16 of 1946 - Franchise for Granting to Western Pacific Rail Road Company right to construct spur track over and a ROLL CALL March 13 6 VOTING AYE NAY ` i.._ Salt Lake City,Utah, 194 Affleck I move that the ordinance be psed. ''� Matheson . . . . y!, fJ �.. Romney ,,l L/ ] ) ter' (�//1 / } Tedesco < /i. pig.', A/ ,r... Y6 Mt.Chairman . . 1'' \ Result /6 - • PBJ)TL1'C r:..ZTIM.; 'L'Elj ])."a.brFIC 1-A,,.F0D....TIOY, TI 31J0Cd;;l:So -.; ':1-103•T_ TO CONSTA-CT, .,„1:.(.tL'Alt, GABGT:. P,A11-,ROA:.) SPUR 192ICT O 7Z 2:thasrsTREEE I3-7.1.Td71EN 1st A 10) 2nd JOTJTIT Sl`f:• ,:j:TS AND OF.I eLI AC.2LIJ 12 1,1311223 01211 Li Bei3OCIt.: 6 •i,.:T.GfiAlD -BALk AIDDIfIGB 1112-.11,, S2111:1•1: ,dr; ;Ft; -11.[ 31002 5 121232 22212 ILs1IlI2T BaT 22 Ii. tinST. .2001,2 3120. r2:1.,•11TJ, •I:,:JT:fek: 3 scum, T._\1,-Fiu3 1 ,1A3T, SALT CITY, 33 ,a) Olb;' c1;0.: 'C.1! Ii LIT OIL[, 222111. • Section 1. .1 franchise and right of way is hereby granted to the '..'estern. Pacific Railroad Company, a corporation, and. to its successors and assigns to construct, operate e±nd main- a standard gauge railroad spur track over and across -titz:Aort between -First and. Second South Streets and over and across an unnamed. alley in Block 6 Higniand -,Park Addition between •Jirst and. Second 2t)iit'a Streets and over en unnamed alley in -Clock 5 PIghlana Bark Addition between Arst and. Second South attests, all jr Section 3 Township 1 Lkmt6, Sienna 1 lest, Salt Lake Base and. •:_•eridia.n and in Salt Lake City, Utah, the center line of said spur track, being more particularly described as IL spur track extending easterly and waswesterly across Blocks 15 and 6 of 7.'::ighland •L.,ark Addition • -16 to Salt Lake City, Utah, and crossing the inter- vening streets and alleys, the center line of said spur track being more particularly described • as follows: Beginning at a point in the westerly line of the alley through said Block 6, said point being approximately 25 feet southerly from the southerly lino of first South Thtreet west; thence easterly, crossing said alley, to a point in the easterly line thereof, (kis tact appr ox:imiately 26 Lest south- erly from said, southerly line of First South Street West; thence continuing easterly across private property to a paint in the westerly line of 12th Plyst Straeb, distant southerly thereon approximately FABIAN,CLENDENIN,MOFFAT&MABEY if; 48 feet from. the said southerly line of 'First outh street '. est; thence continuing easterly, crossin;72fji'-71➢est Street, to a point in the easterly line thereof, distant approximately 44 feet southerly thereon from the said southerly line of First Louth :street ":est; thence continuing easterly across private property in said '21ook 5, to point in the 'westerly line of the alley through said ;lock 5, distant approximately 24 feet southerly thereon from said. southerly line of first '3ou.th ;:;t.r.eet -:eat; thence continuing easterly, crossing. th.o alloy in said :;lock 5, to a point in the easterly line thereof, distant :_uar•oximately 2 feet southerly thereon from said southerly line of First bouth direst 'Vest; thence easterly into private property. eotic a. ' During the term of this franchise the grantee shall be subject to the folloioinp: 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 ,_;rade of said street, and if said trade is afterward changed by ordinance of the "oard of City rwlAilssioners, the ;grantee shall, at its can expense, change the elevation of the track so as to conform to the same. (b) ":henever said street where said track is constructed small be }, ived., resu.lf'aced or repaired, the said ;grantee, its Cuccessors and assigns, shall pave, resurface or repair be- tween the rails and for a apace of two (2) feet outside of each rail pith the same kind of material used on the said street, or -with such other material as may be approved by the f;oard of Com- missione •s, and all tics shall be laid upon a concrete base of such thickness ce shall be directed by the -bard of Coss issi.oners. To) paid track shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinar use of said street upon which it is laid. (6) :Felt hake City 'reserves the right to regulate and control the creed of all trains, enrpinos and cars operated by the grantee, its successors and assigns, upon said track. (e) If, in butting in said track, said grantee shall :reprove or in any manner interfere with the pavement, sidewalks, FABIAN,CLENCEN IN.MOFFF FAT&MABEY �,`• ATTO RN LYS AT LAW ee rvSALT LAKC Clr.Urnm 1 curbs or gutters on said street, it shall replace such pave- ment with. the rsaae 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 ,-utters that they will allow the free passage of water and be to the satisfaction of the Board. of Commissioners. (f) Baid. ryrantee shall put in and maintain such crossings over said track as shall from time to time be required by the gourd of Commissioners. (g) mood and sufficient conduits to convey water shall be ].aid and maintained in good. condition at the expense of said pruo:a e in all water ditches crossed by said track so as to admit free passage of .water. '.section 3. iiothin`; in this grant shall be so construed as to prevent ;.;alt Lake ';ity o:C its authorized agents, or con- tractors, or persons or corporations to whom a franchise slay have been or may hereafter be granted, from paving, severing, laying gas or. water mains, pipes a: conduits, altering, repairing;, or in any manner improving said street. Cection 4. Bait grantee herein, its successors and assigns, shall and by the acce.tance of the privileges and franchise herein grunted, and in consideration of the same does hereby bind itself, its successors and assigns, upon its accep- tance of this franchise, to save said city harmless from all suits claims, demands and judgments whatsoever, whether in law or in equity, which shall bo 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 construction or operation of said spur track and that the grantee he rein, it successors and ass_as, ill. pay the amount of any .H judgment, d.etermination or ad jutic.,rtion 'vai!lo in any suit or pro_ 1(�!" p( 7p a ,,st "`iid =Salt Loire City: ' ceedin�g may U e or `wThit ,I 2EfSb ay.Mi3.PAA &MA9EY +y(! I ' prov ided, however, that said grantee, its successors and assigns, shall have had. notice of any such suits and an ou;;ortunity to appear and defend the sale and said grantee, its successors and assigns, shall ,spear in and defend all action brought against Salt.fake !P.ty for any injury or damage by reason of the constru- ction, ok;ere.tion or maintenance of said spur track. :erection 5. This franchise is granted for the ncriod of fifty (50) years from and after the passage of this ordinance: urovidod., 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 o.bandonaent of the use of said spur track for said purposes, said franchise shall be voidable at the option of the ','.barb. of 7,oinissi003rs; and if so ordered by the r3oard of Consi.ssi.oners, said spur track shall .:ithin thirty ('0) days thereafter he . c oved and the atrcet restored to a condition uniforl: siiti. the balance of tale street vvi.th respect to grade, r:r4teriui_s u.nd construction. and to the 5 atisfL:ct:".on of the nosed of Conn.emaone s. In the avant, a the failure of said !;rante© to re ove said track and restore Jsid street swan such sot'_oa and. within said thirty (30) days, the said pork may be done by salt _ tke City at the expense of the _,r:mites. Section 6. Unless this ;rant and all the terms and conditions thereof shall be accepted in writing, by the grantee herein within thirty (30) days after the taking effect of this ordinance, and unless such truck be constructed within ore yoar iron the date of such passage then this ordinance shall be null and void. ection 7. In the opinion of the ',board of Cormnissioners it is necessary to the peace:, health and safety of inhabitants of ;bait :hake City, Utah, that this ordinance becone effective -a_ FABIAN,CLENDENIN,MDFFAT F MABEY inve,diatoly. '3ootion 8. Tliia ordinanco shall ta'ce ei'foot upon its cat]or. Passed by the Board of Commissioners of Salt Laks) City, ta this 13th day of March, A.D., 1946. 6C2'z'l- M r City Recorder :11C ,A A tt( FABIAN,OLENDENIN,MOFFAT&MABET \ Y V `ialJi'iJp r 0!1.')6 - Presented to,and Granted by the Board of Commissioners MAR 13 194S arrYera00eo� � First Publication in A Qti ['t.(.frO ati44_ Jy-/9'6 QITY Aicesose Affidavit of Publication STATE OF UTAH, ss County of Salt Lake -... -- -2NORDINANOE 4 ANC IN NOD 2Y ANTIN TO D M Ockey �op pi IIOB I'AN YApC,I CU 1A. ittlAlo COMPANY A CO14P�A• 'TION,YTS'U DS RS AND AS. ` Being first duly sworn,deposes and says that he is the ad- 9ION. T T TO CON• 'TIgU6a tP T AND LUL ralBTTAaDAR OAUOD RAIL• R D B U TR�8 o E ANn' vertisin clerk ofTHE DESERET NEWS,a newspaper Ac°�oBB n�xl WEST e'�RD g BETWEEN( E AND Ehd. E BTR TB OVDE,AND AEU' published in Salt Lake City,Salt Lake County,in the State ,AN A A Y 1N J.0I I1 y 1 7$T16 "Ii A ADDIT N I QEpQy�'W D� ®®IEERT'BBT AND SECOND YIUallAT.t[_BT ALI,DY AND EhOCK 6 I of Utah. lteos'elliD PARR ADDITI HED TypEDN,PIRST AND SECON -.8pUT'II ett ET'd ALD 1* SEC• That RAN 7 TOEST S 1 'DUTR. T the advertisement RAO l I BALE DAZE BABE ANDIDD1t1I11AN9n�AND IN t'"' ITAEDR 111AHY THE Or04nance B111 No. i6 0gOARD of 00MSIIBSIONERB OF BALE LAKE CITY..UTAH. Section 1. er/raymbles and tight Se1t T,nke City Corporation re'pp,tile Ralread OomDeha. nororalfov, nd to De t egg0eeore and insigne tb o trudt,.operate d Ill mint**it standard sans ell- '- sl bo ryg k 0 e d t7n 1at11 01 b Street bet aa n F1r14 and Bee- I and South alining end ovq and n utlname 11 a In Rlewk t�',I't`�y°�51,nt�Park�.dnitb°net pn � was published in said newspaper,in its issue dated, the Fl t A d ectl d n b tO B1e end 1 q :tmB nU y 1m B tali 8 V ntgi.�-•phpp k Ad dtt1 °1°,42H r ',Ftr OAtT Beoo A B¢peh Btleee,ail• 7 ----1'�.trh day of March A.D.19 46 ip nnOt10P 1 Talt JlI 1 BoUN} ;t aRtn tweet.Salt air aDd ,,;sari,i1te ecenu:line t-1 said sh1 time �ppaa0ckk be1:: re °u%toalerty ae- 1 and was published ewrlbee re Satloae: 1 A spur trsok Wrtendlns•neterly d ,early tt Bbak.b Mel a the lastpublication thereofbeingin the issue dated the 01 Ri CDs. RO, and e eat 1. Lehr 044Y.IRO, en¢emote,the -le •.inter>0a1n6 tlkeeta and o Wiese..the` , morewry iniii itt point Ines we ar' --_14th---day of A.D.19--- -- Ieaoemnme a a:point In the.eel.: `E 1 pae k mBYe a o rtr hs u h sad tri �—— 1 uneel> 6 teat southerly}sour thet w uMynenMtFik «o ihsSadt ; Advertising Clerk � ieY,t0 a pint In the wisteria lisle — -. therooeu d1ely t r°Dreama>. l0 legit a tberly lrom •Id e0LL barly line Of. Fire South Street Weott 11 thence, property ,senora aorthe. D 1 °Nrlvet Dine oX to p Str In the - term]fne 1s6 War00 onset lely• ' twist e0ntberly trTia:DDrea,gte o. 15th o$feet 1r�pm the.aa eoneherly un. a to before me this day o f j tree o eth BWeeL west; thM9e WestnStre tRmt>, t Ipetn IS !, , 'orb, line Capgrpo{,°WOW,wyhre • i, 46 - orb, 144.O lnIY Ian gib.71:1 A.D.19 }prom t t eel Wee; th Ism et'lire. Su si tor19 West th b obU(i , 4`• re t 17 a0r eD1pp�..�rl pyh 1 atl Oli Ok a in a'71 a Ohio 6, said Blink s distant D 1 t 1 ,/ 94 1 t souther];thereon'Po said -i1 j? -4.ea rii t„ar1Y line 1 First South street Vvest• th Dee ontfwums a tens Notary nblie -tropllns the alley st said BI k e. s ee°e et to the eeatmle line there- i 11outhtlrl>Lhereoe tram eea0d-eo herd.. 3 >]fne gaited, IgOuth Btr et Weed , 'Erien0e eweter)E into Drlreb,DTOD- driLbilon!pining the term p1 lie''i/tT lm the tra teeeh U be enb. I sect l ,the!ol wwlns:oshall be on That 010 track,hall ad tad k0on and e0 4 sha"Oahe freer hoe�- II said,beet ahi shell a{Ie time,be. '-.o....ned by'.Ibli srantep b oon- IC$t'o tldgir a o1 sail1et{et�wse 11 tbp p p Oh:Skarare0. 010rqtmle Ot a wR the Barrel ,'i CIte a t.l1E e° obans0 the eNve �y'Iak 80 M b R(i o1 ld44 IIt,“ .wWa, -gdqAaa % aAtbe. '._ it epairlat between the rails end form (Dace of two (9) fmi Nkind e1 (mob rail material a ontthe mime W kind of with ouch Other material a my be- .a1onreor.eaanby allttiies(beall.be laid upon concrete ham of filch thinhe,se hall be directed by the Board of shall be (c) said track shall be Sold and the operated o .te nee no eery impediment to the c monend ordinary use of laid',trait upon Which It le aid, rIeht.t) o'al�laat Cityo control the the .peed of all train,englneenand cars crated by the grantee,its sue.. so and radiants upon said track. (e) If,in putting in said track. - eeld grantee hell re nee or in any manner Interfere with the pave. moot,eldewalke,curbs or gutters on said street, It Abell replace ouch , Pavement withthe same or with slob othermaterial as dhall be or. and by B Breplace pl c of C b mldew.tb.• eaied f etiocurb,. o'f the and mittens of Commis. loners d shall. construct the gNutter,that thew will allow the tree paeesdO of (ter'a d be to the ent1efaetlon of the B0•rd of Trainsloners. teoilthese(ebestaputtn.Wdkd halt fromeOtime to time be , by the Board of Commie- 3.- a) Good and sufllrient conduits to convey water shall be laid and maintained to good condition at the- ex➢(nee of acid grantee in all-water ditches CrOnted by said track se to admit-free paeeage 0f water. • Section 3,Nothing In thle grant shall be s as to prevent Salt Lake construed City ora its authorised agents,or contractor',0r persona Or corporations to whom a franchise ',O,0rn may have been mayhereafter be grantee,from pav ing,eewerine,la., Mg gee orwater,melee, pilme or ulte, coy meaner altering, repairing, °eaid street, • .nSeccttion C Said grantee herein, its enomaaore and assigns,shall and • by the aivagtenm of the privtlegl a franchise In nslder hetiou of.granted, Barat dome - hereby bind itself,lte successor.Old signs,➢phe Its acceDteoce of tide franchise, to save meld City harm- /era from ell sutra claims,demands• and Judgments whatsoever,whether 1n law or In equity,which shall be asserted, found or rendered In 0 manner whatsoever agaloet.lald City for i)pry or damage to abutting • Property,Wereonal Inlurles or other. wise,.-by Mason of the-construction operation of said mum track and that the grantee herein,•Its snores- a and amigos, will pay the timount f any Judgment,determine- ott or aliudleatinn which In My '6 or proceeding may be hall be found against sold Salt'Lake grantee its provided, e howevmoms and`hs eald assigns, shall have had notice of any,ouch sidle and an opportunity to appear and defend the same and sold grantee,its sac and aetlgae, shall appear in successors and all action brought against Salt Lake City for my Minim ad damage by mama of the construction,operation or main- tenance of said lour track, Section B. This franchise le robs Iron,a d Period thef fifty aef age°of • years ordinance: provided, however, • that if for a period MLoine mieecu- sire menthe during the life of this lranchlee said sour track Is not used for the purposes for which this Iran. ehttl°a nthere a• beanlaebanndoment f the use ' •of said spur track for said purposes, said franchise shall be voidable at ' the option of the Board of Commie. Wolters:and if so ordered by the' Board of Commissioner&eatd put track shall within thirty (30)daye thereafter be removed and the street teetered to s condition uniform with - the rbal00,0.of l said materialsstreet and re• Zle00 ofra of Comm'sof eeree ln�ihe ' -tvent of the failure of said grantee. o remove said track,and restore se Id • street•upon schlep and Within said thirty(30 ),days,the said work may be done by Sall Lake Cityat. theteettond.Itnitees t yhleegrant and all the terms and.condllibne theme! • shall be accepted In writing,y,the '. •grantee herein within thirty 1301 days after the taking affect of this , ' ordinance,and unless such troth be • etructed wllhia done weer from'the dinonce shall be nail end void.0?• 8ob p f C m tt er in mpy k ' yohDmdly arCb� r .. . ,Utah,ttittide o di oPdaBf' Motive immediately. ' "' .eeotle&B. Thin Ofdipanee mad lake effect upon at.publtmalml. Paeeed.by the Board-Let CombUs• ppnere of.'Salt.Lake Pity..,Dtab,. this 10th dew of March,A. _...a D.$1040. ' SRRL J,OLAD - • Awl 0T /Mya7: • !6 AL 6 Rg ' 0°,tda • i i44.,.. Proof of Publication OF Attorney