HomeMy WebLinkAbout18 of 1945 - Franchise to Denver and Rio Grande Western Rail Road and Wilson McCarthy and Henry Swan as Trustees ROLL CALL =.�a
VOTING AYE HAY Salt Lake City,Utah,.. 193
=mix Aft--leek- - `'.1i I move that the ordinance pe passed.
Mathes
tobacladvxY
Mal,: •.t'�� - _,,,.
klicatn Tedesco I f,.
Mr.Chairman - • -j '/
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Result -"..
AN ORDINANCE
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY AND WILSON BIcCARTHY AND HENRY SWAN AS TRUSTEES
OF THE PROPERTY OF SAID RAILROAD COMPANY, THEIR SUCCESSORS AND
ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD
GAUGE RAILROAD SPUR TRACK OVER AND ACROSS SIXTH EAST STREET BE-
TWEEN SIMPSON AND WILMINCTON AVENUES IN SALT LAKE CITY, UTAH.
BE IT ORDAINED BY THE BOARD OF COiUIISSIONERS 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 Wilson Mc-
Carthy and Henry Swan as Trustees of the property of said Rail-
road Company in reorganization proceedings, and their and each of
their successors and assigns, to construct, operate and maintain
a standard gauge railroad spur track over and across Sixth East
Street between Simpson and Wilmington Avenues in Salt Lake City,
Utah, the center line of said spur track being more particularly
described as follows:
Beginning at the headblock of a proposed switch to
be placed in the existing main track of the Park City
Branch of the Denver and Rio Grande Western railroad
at a point approximately 50 feet westerly from the
west line of Sixth East Street; thence in an easterly
direction on railroad right of way on an 8 degree 26
minute curve to the left 50 feet to the west line of
Sixth East Street; thence continuing in an easterly
direction across Sixth East Street on an 8 degree 26
minute curve approximately 66 feet to the east line of
Sixth East Street; thence continuing in an easterly
direction on railroad right of way approximately 284
feet to end of proposed spur track, all as shown in
yellow on the attached print, which is hereby referred
to and 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 track shall be laid upon and conform to
the grade of said street and shall at all times be main-
tained by the grantee to conform to the grade of said
street, and if said grade is afterward changed by ordi-
nance 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 con-
_ strutted shall be paved, resurfaced or repaired, the
said grantee, its successors and assigns, shall pave, re-
surface 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 street, 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 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 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 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 with such other
material as shall be ordered by the Board of Commission-
ers and shall replace such sidewalks and such curbs and
gutters to the satisfaction of the Board of Commission- ",
ers and shall so construct the gutters that they will
allow the free passage of water and be to the satisfac-
tion of the Board of Commissioners.
(f) Said grantee shall put in and maintain such
crossings 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, or contractors,
or persons or corporations to whom a franchise may have been or
may hereafter be granted, from paving, sewering, laying gas or
water mains, pipes or conduits, altering, repairing, or in any
manner improving said street.
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 hereby bind itself,
its successors and assigns, upon its acceptance of this franchise,
to save said 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, personal 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 assigat, Will pay the
amount of any judgment, determination or adjudication which in arnr
suit or proceeding may be or shall be found against said Salt Lake
City; provided, however, that said grantee, its successors and as-
signs, 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 construc-
tion, operation or maintenance of said spur track.
Section 5. This franchise is granted for the period of fifty
(50) 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 pur-
poses for which this franchise is granted, or if there is a sub-
stantial 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 Commissioners,
-2-
said spur track shall within thirty (30) days thereafter be re-
moved 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 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 ex-
.:.pense of the grantee.
Section 6. Unlesstthis grra�gt. and all the terms and conditions
t, in ng, by the.grantee herein within
thereof shall be accep
- thirty (30) days after e takin $effect`,6,'"titis ordinance, and
unless such track be cott'stpucted lAthin oMe year from the date of
such passage then this ordinance �g all be nul . and Vpid.
Section 7. In the`'0174ni4,,e the Board t}P Commissioners it 1
'ia. necessary to the peao ,,lhea.th,,and safe'by of the inhabitants of
_Salt Lake City, Utah, thathis li nance .7Oecgme effective im-
'me4iately. b
Section S. This ordinance s11*] take effect upon its publica-
tion.
Passed by the Board of Commissioners of Sal e City, Utah,
- (this /0(4'aay of , 1945.
Mayor
City Recorder
Bill No. jg
Published / , 1945.
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Affidavit of Publication
STATE OF UTAH, )
}ss
County of C.1.T.,6..
e,; ;..Legol Notices
'AN ORDINANCE
AN ORDINANCE GRANTING TO n
THE DENVER AND RIO GRANDE D DI Ockey
WESTERN RAILROAD COMPANY
•
AND WILSON McCARTHY AND
HENRY SWAN AS TRUSTEES OF Beingfirst dulysworn,deposes and says that he is the ad-
THE PROPERTY OF SAID RAIL-
ROAD COMPANY,THEIR SUCCES-
TORCONSTRUCT,ASSIGNS,
ATE RIGHT
TOvertising clerk o f THE DESERET NEWS,a newspaper
MAINTAIN A STANDARD GAUGE I, �v /r (v County, [r
RAILROAD SPUR TRACK OVER published in Salt Lake Cat y I.7 all Lake in the State
AND ACROSS SIXTH EAST
STREET BETWEEN SIMPSON AND ),,
WILMINGTON AVENUES IN SALT of!]tah.
LAKE CITY. UTAH. I V
BE IT ORDAINED BY THE
BOARD OF ITY,COMMISSIONERS OF
SALT LAKE CITY,UTAH:
1 otOOCO'n 1.fad-grpehe teand er,in That the advertisement
Reilrory Co Rio Grande Wee/ern
Railroad Company awl Wilson tee-
oarihYandHenrYo s as TrusteesOrdinance to Construct a Railroad
P the piop¢ y } id Railroad
Company ireorganizationh f their -
succesea a the-assigns,tnd o construct.
operate and maintain standard Spur at 6th East between Simpson &
gauge railroad emir track over and
across Sixth East Street between
Simpson and Wilmington Avenues to Salt
• Lake City, Utah, the center Wilmington Avenues. Lake City
line of said spur track being mom
Corporation
particng escribed a follows:
Beginning at the headbloek of s
proposed.,switch to be place was published in said newspaper, in its issue dated, the
the existing m track el the Park p p
City Branch of theDenver and Rio
Grande.t tern Railroadat point llth 45
PProxlmatelY 50 feet erry tram day o f May A.D. 19
the west line of Sixth East Street;
thence an easterly direction n
e on
railroad a• e right
tl utef curve to an
left and was published I. t Imo
•
maintain such crossings over as
the last publication thereof being in the issue dated the
track as i shall the time time
mi required by the Board of Coor-
miaeipneo and sublNient c°nduita 11th---day of May A.D.19 45
rgi Good aua ---
in Maine water eh all itoii a
maintained In good condition at the
ditches of said grantee mid ill all so water -
ditclies crossed by avid track so as = -
to admit of free passage of water. 'CL
Section ]. Nothing in this grant Advertising Clerk 11 --
hall be, o construed as to prevent
Salt Lake City its authorized
agents, contractors, r n _ __
Dorationa to whom a fr ralteoetm e
have been may hereafter be
grantede from pawing,cowering,lay-
Ong
g o water mains.¢pipes r
conduits, altering,repairing, in
am mproving said street. 16th
succors manner Said grease herein,i1y ;to before me this clay o f
and a eh he and by
the. a acceptance of nthe privileges and
fee neae.herein granted,and m con-. 45
hideration f the same does hereby A.D.19 -'6
Wnd itself,tta ucceea rs and Minn, ti
•
Upon its acceptance f this franchise, t i
to-save ai City T less from all
suite, claims, demands and mde-
• ta whatsoever, whether M law
p..4:4.Wk A hall t>e fl tdd.
Yk4Whatsoever againstsaid City for n
jury or damage to abutting properly,
reason
injuries or otherwise.b> Notary Public
of the granting of this f.by
rhise,n of
by
of cp spur ttra dashat the
of said erei track end that the
ante¢.herein,its successors n
as-
Signs.J , pay the mount of n>
udgment,which
inandetermination apro-
cecdinr jay be or°shallnribe,°[found
pro-
ceeding
against we Salt Lakesaid
grantee,
Vjded, essorseand assigns,nahaR have
hdu notice ofa anySuch suits and
a o aportnUtily o near and defend
the same and said grantee.its sue-
'eepeora a a signs..shall appear t
and defend allaction brought against
• Salt Lake City r any injury or dam-
age by reason
of mainthe enance construction,operation said
spur track_or of
...
' $..%
section b.This franchise is grand
60 s61.1. Mee west Ilse of d for the period f fifty'MO Scare
Eat Street:thence consuming in an from and after the,p of this
easterly direction roes Sixth Easthowev ordinance: provided, however. that
Street on an 8 degree 26 minute signor•a during
-f-nine ismetive •
-
curat approximately 66 feet to the nths during the life f this hen•
easte line of Sixth East Street: oise said spur track is not teed
thence continuing in easterly
for the purees.for which this fran-
direction on railroad right,of way chis is granted. or If there'te.a
approximately 284 feet to end of ' substantial abandonment of the.nse of
proposed spur track, 11 shown said spite track far aid mimeses.
1n •ellow a the attached print. said franchise'shall be voidable et
which is hereby referred /o and the option at the Board of Commis•
m de a part of this ordinance. on•e; and If so ordered by the
section 2. D ring the term of Board f commissioner., sald spur
this.franchise the grantee shall be track shall within thirty (001 days
subiect to the following c ndilione: thereafter be removed end the street
stored to ndition uniform with
foal n That sand track shall be laid the balance f said street with re•
d conform to the grade *met to grade, materials and con-
struction
of aitl atr¢et a d eltall at nil tiNea and In the satisfaction f
conform
maintained and
tile. saidnte,to the Board of Commiseloners.In the
Slit to the grade street, - event o/ther failure al track and grantee
and
it saido grads isafterward said eetr¢et upon such ctlonrea d
changed by ordinance o/the Hoard r
of City Comm.sioners, the ernnt. within id thirty 1201 dam, the
shells at its expense, change raid work may be done by Salt Lake
the levatlon'of the,track es, s to Cite t the• pence of the grantee.
form to the Section 6.Utiles.this grant sod
bl Whenever said trees where all.the terms and conditions thereat
said track is constructed shall be shall be accented to writing.by the
caved.
resurfaced t repaired, the grantee herein within thirty (001
a td,grantee,its ss 11a on and a effect of after the taking effe of.thle
Signs, shall Dave, rerface or t e- ordinance,and inters inch tragic be
pair between the rails and for etruc.ted within one year from the
apace of two (21 lest outside of d to of et h sedge then this
each rail with the a kind of ordinance shall be null end void.
material aged on the said etre.,or Section 1.In the opinion of the
with Ruch other material as may Board of rat ei ea It is nee.
be approved by the.Board of Com• as y to the peace.health end fee
and all ties shall he tv f inhabitants of Salt Lake City.
laid•upon a concrete base of ev h Utah,that this ordinance become et•
thickness RS shall be directed by the Sertive Immediately.
Board of Commissioners. Section 8.This ordinance shall
lc/ Said tree?shall he laid and take effect upon Its publication.
the road cy car ed so as to u Passed be the Board of Commie•
loon asary impediment to the s corn-u stoners of Salt Lake City-Utah.this,
and ordinary u of said lath day o1 MEARL46.
J.GLADE.
suet upon which It.is.laid. Mayor.
(en tSait Lake City r serve the
right to regulate and control the (SEAL) IRMA P. Record
speed of all trains, engine. and Cite Recorder.
care operated by the grantee, it. Bill No.IS.Published May 11,I816.
euccessors and assigns. upon said
track.
(el If, In nutting In said trade,
said grantee shall remove or in any
manner interfere with the eavenment,
sidewalks, curbs or gutters on said
street, it shall replace suchpave-
ment with the same with such
other material as shall be ordered
by the Board of Commissioners and
shall replace such sidewalks and
each curbs and gutters to the sad •
1sfaetioo of the Board of Cons.
issionere and shall Sr construct the
gutters that they will allow the
free passage of water and be to
the a t
tlrfaetina of 1b oard t
Cammiselopers.
111 Said gryintee id in and