17 of 1928 - Granting franchise to Denver And Rio Grande Western Railroad Company across Highland Drive south of VOTING AYE NAY
i aalt L.,1,,,..VIL y,Ulan,
V
Burton
Fehr "ii I move that the ordinance be passed.
Finch 4
li
Moran _4
C011taiSSiOrle tr ets & Public
Mr.Chairman - - - - )tif aprovemente
Result
i 7
ORDINANCE
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD
COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE
AND MAINTAIN THREE STANDARD GAUGE RAILROAD SPUR TRACKS OVER McCLELLAND
STREET SOUTH OF ELM AVENUE AND ONE STANDARD GAUGE RAILROAD SPUR TRACK
OVER AND ACROSS HIGHLAND PARK DRIVE SOUTH OF WILMINGTON AVENUE, ALL 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 construct, operate and maintain three standard gauge
railroad spur tracks over and across McClelland Street south of Elm
Avenue and one standard gauge railroad spur track over and across High-
land Park Drive south of Wilmington Avenue, all in Salt Lake City,
Utah, the center lines of said tracks being more particularly described
as follows:
Beginning at a point on the west line of McClelland
Street 373 feet more or less south of the south line of Elm
Avenue; thence northeasterly along a 6° curve to the right 67
feet to a point on the east line of said McClelland Street
368 feet more or less south of the south line of said Elm Ave-
nue produced.
Also beginning at a point on the west line of McClelland
Street 364 feet more or less south -of the south line of Elm Ave-
nue; thence northeasterly along a 6° curve to the left 68 feet
to a point on the east line of said McClelland Street 353 feet
more or less south of the south line of said Elm Avenue produced.
Also beginning at a point on the west line of McClelland
Street 358 feet more or less south of the south line of Elm Ave-
nue; thence northeasterly along a 16° curve to the left 69 feet
to a point on the east line of said McClelland Street 340 feet
more or less south of the south line of said Elm Avenue produced.
Also beginning at a point on the westerly line of High-
' land Park Drive 200 feet more or less southerly from the south
line of Wilmington Avenue produced; thence easterly along a 6°
curve and a tangent thereto 86 feet to a point on the easterly
line of said Highland Park Drive 202 feet more or less southerly
from the south line of said Wilmington Avenue, being approximate-
ly parallel to and 14 feet southerly from the present main track
of the Park City Branch of The Denver and Rio Grande Western
Railroad.
All of the foregoing tracks are adjacent to the present main
track of the Park City Branch of The Denver and Rio Grande Western
Railroad situated in the northwest quarter of the northeast quarter of
Section 20, Township 1 South, Range 1 East, Salt Lake Base and Meri-
dian, Salt Lake County, Utah, and are shown by yellow lines 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 subject to the following conditions:
(a) That said spur tracks shall be laid upon and conform to
the grade of said streets, 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 tracks so as to conform
to the same.
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(b) Whenever said streets where said spur tracks are
constructed shall be paved, surfaced 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 streets, 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 City Engineer.
(e) The said spur tracks shall be laid and the road operat-
ed so as to cause no unnecessary impediment to the common and ordinary
use of said streets upon which they are laid.
(d) Salt Lake City reserves the right to regulate, and
control the speed of all trains, engines and oars operated by the
grantee, its successors and assigns, upon said tracks.
(e) If, in putting in said spur tracks, said grantee shall
remove or in any manner interfere with the pavement, sidewalks, curbs
or gutters on said streets, it shall replace such pavement with the
same or such other material as shall be ordered by the Board of Com-
missioners, 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 passage of water and to the sat-
isfaction of the Supervisor of Streets.
(f) Said grantee shall put in and maintain such crossings
over said tracks 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 tracks, 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 here-
after be granted, from paving, severing, laying gas or water mains,
pipes or conduits, altering, repairing or in any manner improving said
streets.
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 sue-
cessors and assigns, upon its acceptance of this franchise, to save
said city harmless from all suits, claims, demands and judgments what-
soever, whether in law or in equity, which shall be asserted, found or
rendered in any manner whatsoever against said city for injury or dam-
age to abutting property, personal injuries or otherwise, by reason
V of the granting of this franchise, or by reason of the construction or
operation of said spur tracks, and that the grantee herein, its suc-
cessors 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 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 con-
struction, operation or maintenance of said spur tracks.
Section b. This franchise is granted for the period of
twenty-five (28) 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 tracks are not used for the-
purpose for which this franchise is granted, or if there is a substan;i
tial abandonment of the use of said spur tracks for said purposes, sari ,
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franchise shall be voidable at the option of the Board of Commission-
ers; and if so ordered by the Board of Commissioners, said spur tracks
shall, within thirty days thereafter, be removed and the streets re-
stored to a condition uniform with the balance of said streets with
respect to grade, materials and construction, and to the satisfaction
of the Supervisor of Streets. In the event of the failure of the Rail-
road Company to remove said tracks and restore said streets 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 ordinance, and unless such tracks
' 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 Commissioners, it
is necessary 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 publi-
cation. C—
passed b th Board of Commissio of Salt Lake City, Utah,
this of , 1928.
Mayer
,a111g
140144744
City Recorder
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Proof of Publication
STATE OF UTAH,
}County of Salt Lake)
GE»1x of
x� 14r •'.e
C SPIORS'AND.ASSIGNS,
TO CONSTRUCT;OPERATE.ANIS. 62'4,a1 2/2t, -)t./(A..a5t---
'PAIN THREE 'STANDARD 0
RAILROAD 66PUR ACKS 04/19164.6.1,
CLELLAND STRL+�ETT`R SOUTH OF ELM
AVENUE AND -ONE` STANDARD beingfirst dulysworn,deposes and says that he is the principal
GAUGE^ RAILROAD SPUR TRACK' J F y P d I
OVER AND ACROSS aiat LAND PARK
DRIVE SOUTH OP I ,LAKE
GTON AV-
Eh*'UE;ALL IN SALT LAKE CITY, clerk of THE DESERET NEWS, a newspaper published I•
n
U�i1T'AH.
BE:1..Y ORDAI ED,By^TIiE BOARD
OF COMMIiSIGa&RS CF/SALT LAKE
CITY inaction 1.
n ft DTI and`r1Den t�
way l hereby'granted the Salt Lake City,Salt Lake C ty,in the to of Utah.
.. Denver
arid y Rio Grande Western Railroad conw
p y its operate
Ca sand IS t c -
9
4t aua maintainto stan-
darder That the notice
ddgauge r McClelland d epur tracks street south of
El aver d,oe standard auge
Elm avenue and over
gg
railroad spur track overand across High-
lana Park drive south Of Wilmington -- ✓ i.4.✓ =t.-C.12 — ^,
avenue,alle in Salt Lake Cs Utah,the
Partin linarly a rtidribs Molars follows:
flows:being more
particularly described as toile we:
B eegglnnlppg at .point the west line•�
lee.eClthaof treed• h lino o a v-
ices,eolith the p e rho of Elm av-
enue; thence northeasterly right. along ee v6
,Paine curve.to the right.d M,.Ci to
nd
,fronton the store of Bald ouch of th
air et,`888 feet,more or`ICb0.mouth of the.
Muth line f mid Elm avenue.produced. •
'°-Also beginning t a point the wert of which a copy is hereto attached,was first published in said
l line of McClelland ereetU ttl feat, �t
1 er lase, utri.et the ea er Ii al cf Elm.
degree
thence northeasterly 6 long a 6
degree ea gea5 lie of d along
to newspaper,in its issue dated the .l day of
Point b the east' of of 'Id less, mot lan f
at, 868 inet,(maid aavenueline of pro-
Paola. 41.4.r 4 D. 192�
led.Also beg}lining at a Polnt'on the weal
line of McClelland street„968 feet,more
or less south of:the'south ling of Elm
thence thea L lY along a 18
deg ou t the [t a 69 feet to and was published_.-LL Ge .. .......
p l t on the east ll a o[said McClelland street. '8/0 feet 1 south f - Y
thea tb 11 f more
Elmavenue pro- /i7.
Alm the last publication thereofbeingin the issue ted the
Also beginning at a point the woe /
feet, {mho-a Highland Park Drive toe
feet, ore or Wilmingtn ay from the
Push tithe of Wumingao a Pie- dayof _- a/L A.D. 192.
drive theagt tangent
long 86'feet'degree
o a.
and tang lit thereto,
lends on PerkhDrivef 298 feet.isle of ore High-
lend
sou[heel$^ from the south line f said
Wilmington avenue,being apProximately
rom
tpa.raliel to and he memenL main
ltrack sofa the k erl Par _
k City
Branch of the Denver and Rfo Grande
Western Railroad.'
ia-
anti of the to the preeentn min tracks tracks of dthe
° of the,Denver and
Perk and Western
•
Rio Grande northwest
quay er of ad,situated tri
the terof Set onartar of the
quarter of Section 29, a ase f South,
Ron. 1 t La Salt Lake.Dare and Meri-
:,..a k-e-
dian. Salt yellow
Glints.Utah,find are -- - ---
'Mown epr by yellow lines on the eta part
blueprint, which,le hereby meat a par[
of this ordinance.
Seetlno 2. During the term of Ma
franChim the grantee shah be sublect to,
the [llwf o conditions:
upon),Tat t purm t tracks
grade be iht
sir t g if 1H said gad in
s [ttqog
of City
Magee iesi ors 670,the WO
nfOgH hgldl'3 ---
[Clt o theelev ti re one this day of
at lta Pence; h
�-of the"tracks:eo as-.tie.conform to the
same. jvla.t A. D. 192.g_-
'.;\ . ---- ....-5,
Notary Pu
•
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.(b)—Whenever.eyldbtreet.where said
ape,tracks rise.ednetructed -hall.aiip
paved: sits Mill Of reyalred {he, Id
grantee.,,'its tptbcpsacfe and I 4'hall
'Pave,. etif,tace of,'rlpatr:pagan- the
rail' and for a act Awe (2)-feet
outside of each raft with the same kind
of material.used:on the.mid streets,
or with such'other material a may be
approved by the n tiee,tlhalll be lead of Commission-
's., id lUpon
concrete boar of au h thicknoae as shell
be directed by the City Eoglheer.
() -The said spur:tracks shall be
laid and the road.operated re as to
• eaeary Impediment to the
common dC ordinary.use f said-streets
upon.whtbh they-.are laid. -
1,ight tog repai'Lake seed'onntrel'the spee3 1
of all.trains.engines,and.cars.
' .operated'
i:by'the grantee.Its,Guocessera and'.aa-
,sign. upon skid'tracks. i
(e) Ih In putting•to-said•spur track..
-Id grantee shell remo or•ba 1 cap nien,
h Interfere-With tl$A P m nt. eider
'
watee.Pek�sce-.suttee' a id,etrepta.
At'hail,rSPiaadhhtae br wjt9ge
-or.:Sub gther'.: ateriai,es-Shall
'bytha.aoard
et-ilommiesion-
and shall, place such utdewalka and
'lamb.
io os 46 es Meal 'Of+ re S Droir t✓stretnd
-shalt so construct the;gltttats'that.they
Ili allow fee paeeage OC tar and.to
the. satisfaction of th6 SUP OYieoc, of
( t g
shen
Maintain.tain.ap h C casings taS dgid flush'
e that'from time to.time,D6 repaired•''
'by.the-Beach'f Comr;lestoners..
-.(g)':Good,and.'sufficient"conduits to'
hYey'water"shall be laid and main- '
�ttalned•In good cOndltlov at the a pens'
of 'aid-grantee, In all:water OW..
ossed•by field tracke,so as td'admit of
free Daecage f water, '
seaticm.P.Nothing.In this grant shall
'be a construed in to'prevent Salt Lake
-City r'its•anthcriae'd agents, contrac-
eato chleer may.havens or rbeen oar may here
.after be granted,.tram paving.Bewaring,
laying gas dr watermalne,pipes eor'con-
duitnt altering.repairing or in,aan
tie
r,Improving aid streets.' m
Section 4., Said grantee .heseln;"Its
and assigns,shall,'and'by the
acceptance of-the privileges and.tran-
chlee herein granted;and in'000eldera-
flan'of the same:does bind•.iteelf. its
ucCeeeore.and'aesigne;upon tea accept- -
ancd of this franchise,to ah said`city
harmleee,from`all:suite,claims;'demands.
and iui`coents•whatsoever, whether'In.
law'or in dainty;which shah be assert-.
ad,..found or rendered_in any manner '
whatsoever against said city for,in;lury
gr.delnage to kbtiftl -,op..sik.aawbairsIrs f strewn
[ this,franchise, or.by reason.of,:the
construction or operatfen df said-spur
..track.:and that.the-grantee'herein,'Its
successors-.and aselanta ill pay the
am
ount of any judgment, determination
adjudication-which in any eult
•Droceedines may be or-shall be found
•agelnet'said Salt.Lake City; provided.
•however,that said grantee,its successors
and assigns, shall-have.had notice of
any:each...suite and an
opportunity to,
'appear..and,defend the ' and said
s
grantee,its a and assigns,•'hall
gappear-inand defend all actions brought
ga/net Salt Lake City for an Injury or
damage by r of titsconstruction,
.o operation r.maintenance no 1 spur
tracks.
Section 6.This franchise is granted for
the period of 'twenty-five (66)':yeare
tram end after the passage of this or.
'dinance;provided, however, that if for
a period-of nine consecutive months dur-
ing the,llte•of this franchise said Spur
tracks are not need.for the purpose for
which this franchise is granted, or it
there Is a"substantial abandonment.of
the aim ofsaid aunt tracks.for Said
purposes,said franchise shall be voids'
his t the cation Of.the Board of Com-
missionere; and It so ordered by the
Beard of Commleeignera',ald spur.Iracke
Shall, within thirty days-thereafter,.be
removed and the attests restored to
condition uniform,with the balance-e
Said'etreeto with respect to grade, md sa aerials•an a nstructlon,and to the s
Isfaction of the,Supervisor of Streets, In
'the event of the failure of the Rallccad
•Company to remove said tracks and.sa-
I store said .tdil
treats pony nupl lactld4'"And
•Within aid ltY.Ea7B"'Th'Mid work
0eta "Da-dine by Salt Lake City'.at the
eapenee of said Railroad Company.
•Section.a Unless Chia grant end all
thI he,terma accepted In_writing theof grantee
.herein.wlthm.thirty dare after the tak-
'ins effect of.lhis ordinance, and unless;
tieb tracks be constructed within one
!! year (Font the date of mah passage.
,then this.'lordinince Shall be null and
,void,
• Section 7. In•the opinion•of the
t oard.01•ce.'hn iibnero it Is necessary
:to the peace.•health:Mod it@fety o tithe'
Inhabitants of.ga'L:Lake City,Utah,that
this ordinance become-effective Imps;
`f vecti '
r fact dyne 'h ph oraliou,b ehali take
effect d by•ib pfuoepcl ids.
-Ps wed by,heec. ah.,Chis 50t 'der
'of''hterch.a ke,CIIY,Utah.''this 20[h'daY
I'Marche 1922--, '.
SO SOW}fAt
•ETI#EL •CSDONALDNAlib, afaydw.'
City R'order
Btlb -1• ..
A.bhabedehed Meroh g3et...iW1;.
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