19 of 1958 - Granting to Denver & Rio Grande Western Railroad Company a franchise to construct, operate and maint ACCEPTANCE OF AN ORDINANCE GRANTING TO THE DENVER AND RIO
GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS,
THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD-
GAUGE RAILROAD SPUR TRACK OVER AND ACROSS THE EASTERLY ONE-
HALF OF 14.TH WEST STREET BETWEEN 6TH SOUTH STREET AND 7TH
SOUTH STREET IN SALT LAKE CITY, UTAH
WHEREAS, the Board of Commissioners of Salt Lake
City, State of Utah, on the 3rd day of April, 1958, passed
an ordinance entitled as above; and
WHEREAS, it is provided in Section 8 thereof, the
said ordinance shall take effect upon its publication; and
WHEREAS, said ordinance was published on the 5th
day of April, 1958; and
WHEREAS, it is provided in Section 6 of said ordi-
nance that said ordinance and all the terms and conditions
thereof shall be accepted in writing by the grantee within
thirty (30) days of the effective date of said ordinance;
NOW THEREFORE, said grantee, The Denver and Rio
Grande Western Railroad Company, hereby accepts said ordi-
nance, franchise and grant and all the terms and conditions
thereof this ']C day of April, 1958.
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
BY
H. .•Rigg rt;J E#ecutive Representative
STATE OF UTAH 111 1
as.
County of Salt Lake )
On the ? day of April, 1958, personally appeared
before me H. J. RIGGERT, who being by me duly sworn did say
that he is a7Executive Representative of the said The Denver
and Rio Grande Western Railroad Company, a corporation, and
1 d0
-2—
that in his capacity as such Executive Representative, he
executed the foregoing Acceptance for and on behalf of said
corporation.
/
Fi
N ary Public
Residing at Salt Lake City, Utah
My Commission Expires:
/''Y
THE z, EV:UitJD EIC TrEj IESTERN RAIIMAD COPqrY
Lot Track relocation in Fourth
to 3e'r“, In l'x4trill G el C,om7d:V, Inc, plant Sr P.lock 26, Plat' "
Lake Ct.y, Utah.
•
A to conJtruct, rate and mar teina ....itandard. ,-;auge
mad pu. t k ov,r, nd crcse the ..T.A.si.etr , Fc,-.Letr, ...;treet
at:a Seve.rthoctt. 3tzc,t n 3,1t Lc
inc. of ad ...nu' as r omcU beinZ 1101`,.:
f0110:1:3:
da:rli'llg in eanterly track'or the Suitt Thc 5 Union Depot and
hailroad C(Trany :teat Street a point approximate]' 117 feet .A,iith
LITT, the aoth line, product:(.1, of GL,th South Street and appro.ximately 59 feet
nest from the eat line of Fourth ,.e.st 'Street; ti....rce in a southoast4rly
direction in rouxth 'jest Street arn turnout on a 30 degree
cur ve to the left approximately 15a feet to :.,. point in the east Vs,: of ?ou.rti,
Stfc.A appro:irately 257 feet south fron the south line, produced of
Sixth s .,t.h Stret, the location of the center line of said track as propo3ed
ovor the east one—hale of Fotirth West Street being shown in yeljew on the atiacheci
print, the propeed track to replace an existing tr...tck colored in red which Ic
to be removed from said street.
A
•
. '1.• • ' ; •
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• ,
•
,,„
• ,
•
•
the Denver and Rio Grande 'testern R. R. Co.
Salt Lake City, Utah.
Construct 381 feet of track to serve
INDUSTRIAL'5TE$L COMPANY, INC.
rercovipg 490 fdet,:Of existing railroad
' owned track; reloc;iting 189 Ft
of track o'rnted'.by Industria 1 Stool Cc.
Scale 1" — 1001
S.L.City. Feb. 19, 1958,
/9
IDEAL_ CEMENT Co; • g't {1
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' CIA 15P4•40CKFT CO. 1 1'
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411 WAHf r10USE . ' 1 hl
° 4'6 N a ';i• M0N`SEY IRON & ETAL CO. . r _ ,)a.l
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I1 PIECE TURPIN CO,
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wt i. . o , Il;;: PLAT A Nisl.'"7:
�4 d MONSEY.
r �� T a IRON 8, METAL
CO: ,
a. ors; ; {:• MONSEY IRON &. ME
TAL TAL CO. i
ROLL CALL"' Salt Lake City,Utah, %p� 11-{ � , 195
VOTING Aye Nay
I move that the Ordinance be passed.
Burbidge . . .
Christensen . . e
Geurrs
Romney . . . +�
Mr.Chairman . / AN ORDINANCE
Result . . . .
THIS IS AN ORDINANCE GRANTING TO THE DENVER AND
0 RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A
v° STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS THE
Ry EASTERLY ONE HALF OF FOURTH WEST STREET BETWEEN SIXTH SOUTH
M STREET AND SEVENTH SOUTH STREET IN SALT LAKE CITY, UTAH.
.0 oro
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
S.44 ti SALT LAKE CITY, UTAH:
Ud
Section 1. A franchise and right of way is boa
N hereby granted to the Denver and Rio Grande Western
0. Rai,lroad Company and its successors and assigns to
• o construct, operate and maintain a standard-gauge
0 c 0, railroad spur track over and across the easterly one
half of Fourth West Street between Sixth South
o
• .0 Street and Seventh South Street in Salt Lake City,
z4.) Utah, the center line of said spur track being more
,im particularly described as follows: Beginning in the
,° 0,1
1 easterly track of The Salt Lake City Union Depot and
a+' c Railroad Company in Fourth West Street at a point
approximately 117 feet south from the south line,
01)
r-1 produced, of Sixth South Street and approximately
ev'H 59 feet west from the east line of Fourth West Street;
o
H g thence in a southeasterly direction in Fourth West
Street through a switch and turnout on a thirty degree
curve to the left approximately 152 feet to a point
in the east line of Fourth West Street approximately
257 feet south from the south line, produced, of
Sixth South Street.
The location of the center line of said track
is graphically shown in yellow upon the attached
print, which is hereby made a part of this ordinance.
The proposed track will replace an existing track
colored in red which is to be removed from said street.
Section 2. During the terms of this franchise
the grantee shall be subject to the following con-
ditions:
(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 grade of said street, and if said grade is after-
ward changed by ordinance 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
constructed shall be paved, resurfaced 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 street, or with
such other material as may be approved by the Board
of Commissioners, and all ties shall be laid on a
concrete base of such thickness as shall be directed
by said Board of Commissioners.
(c) Said track shall be laid and the road
operated so as to cause no unnecessary impediments
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 said pavement with the same or with
some other material as shall be ordered by said Board
of Commissioners and shall replace such sidewalks and
such curbs and gutters to the satisfaction of said
Board of Commissioners and shall so construct the
gutters that they will allow the free passage of
water and be to the satisfaction of said 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 said 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 free passage.
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 Li.. Said grantee herein, its successors
and assigns shall and by the acceptance of the
• privileges and franchise herein granted, and in con-
sideration 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, filed
or rendered in any manner whatever against said city
for injury or damage to abutting property, personal
injuries or otherwise, by reason of the granting of
-2-
this franchise or by reason of the construction or
operation of said track and that the grantee herein,
its successors and assigns, will pay the amount of
any judgment, determination or adjudication which in
any suit or proceeding may or shall be found against
said Salt Lake City; provided, however, that said
grantee, its successors and assigns shall have notice
of any such suits and an opportunity to appear and
defend the same; and said grantee, its successors
and assigns shall appear and defend all actions brought
against Salt Lake City for any injury or damage by
reason of the construction, operation or maintenance
of said 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 (9) 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 abandonment of theiuse of said
spur track for said purposes, said franchise shall be
voidable at the option of Said Board of Commissioners;
and if so ordered by said Board of Commissioners,
said track shall within thirty (30) days thereafter
be removed and the street restored to a condition
• uniform with the balance of said street with
respect to grade, materials and construction and to
the satisfaction of said 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 expense of the grantee.
Section 6. Unless this grant 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
track shall be constructed within one (1) year
from the date of such passage, then this ordinanoe
shall be null and void.
Section 7. In the opinion of said 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 publication.
Passed by the Board of Commissioners of Salt Lake
City, Utah, this 3rd day of April_ , 1958./.
a .or
PIA(4/1
,)N14
Bill No. 19 of 1958 ( S E )
Published April 5th , 1958
-3-
nadyndlan
ORDINANCE
IS 'S AGRANTING ToN ORIDNANuE • 1•
RAILROAD COMPANY,IiS,VER SEC_ avit ®AffidfPublication
AND,RIO GRANDE WESILIIN
CLSSORS AND ASSIGNS, THE
RIGHT TO CONSTRUCT,OPE1t-
ATE AND MAINTAIN A STAN])-
ARD-GAUGE RAILROAD SPUR
``RACK OVER AND ACROSS
TEE.EASTERLY DINE HALF'OF r
FOVRTII MESS' STREIST FIE-
i TWLEN SIXTH SOUTH STREET
AND SEVENTH SOU'IT1 STREET SSA
Ill 9Al:f LAKE CITY,U'PAII.
�t IT ORDAINED Ryy Ttl':.
BOARD as COMMIS UTAH:tS
OF SAI:T LAKE LAY, UTAH.
Section 1. •A franchise and
,SSYI of is hereby Y.t'anted
to The Denver and Rio Grande
IVestai 11.adrOad
c,.gns t D..--M. Qckey-----
,]1 eons
i-nab te and maintain
slanclard-sauge railroad...1'track 7 7 7
h If faP W �t 4, rg be- ]R 1ing Jirst(lily sH orn, deposes and says that he is legal7 oduertlsUlg
lume,tth Sixth
tl South
out �5StreV1:he c(erl of the DLSPP 7 NI?\VS AND SALT LAKE. TEO,
Utxh tti t I f
ah track at` mme fellows:
i° r rlc GRAM, a daily with
7Sun,(mf newspaper
r punted in the Fng-
5'I Lnk c O Dcaot nd llSi lanpuaiye with gene.Pal circullltiOn in l stall, ar?.(l pnbhs'hed Gn
Railroad'Con-inane in Fourth\Vasa 7 /�- Salt
) (�' p
Street at a point an ximatrle Salt Late City, Salt LokP Coilnty, in the State of Utah.
11'1 fee', n u;h fr'o,n'rtthe south s
induced. of Sixth South
Sheet Pend^nitro alels ufl Ica
West Ireni the en une nce in arninm• That the legal notice of which a copy is attached hereto
West vt`�°dcoia cn;;;;Rcrm w i
Sired ihr'oub'h a switch:rod
on a IhirtY tc�rCr, cu,vC tit?!
°n� mn awre><vtaamlY Ili fee,: - Sa1t.lake..Cit Bill No 19 of 1958s
t' a point 1 tee cast line ,I. --- y
,
1'nufe West thf m 'the south
l5'f fret south from the South
]roe, nr oauccd, of Sixth Soirth�
sera. An Ordinance Granting To Denver & Rio Grande
The Itra track is
of the ce ter rive:
1 _.11o� k th -ttc h.1 shown-
hh h l 'is ordinance,The ado a:t . Western-Railrtiad_Co. a right of way for
1 wilt ent:tee an oxisteng "tack
eC1
coloredd which 1 t be
ed r
„s railrn.ad-spur_ rack.
of this
s ainn anchl°tr, mt t h,u '.
he suhiect to the followins condi-'
bons:
m d,) That -d onfoi shall he
u aim'conform to tall
• at tall al
said
mauls,ri d by lilt •
gianice to
<hai,x°qto the grade
nY published in said nornspaper on April 5, 1958.
1 of :nc,eoara o' ulvscnor�rnn •
-
the prantco Shall, at LLs
ionnansn,.cbat,_ee _
the t-::ck , trloc -
1 r;'b)W'hrrvc nireatrf�a�uid(..frocl
o-aeh on :uotcd °neail
the 'sl' giants, s
shall a f
or repair 1,CIAVCCII th 1 /`(
t d f h 1 tl Itl t - L
said
d shoat,a to I :0 ether tt
Legal Ades r rising Clerk
alai + be 1111prny,I by %
tlrtHmrd sofnl nod
MI , h
cone I, i thickness
Rs as
EmitI
,he c aed by
of Canon.iu�.sionees.
.;el :raid Inca shall be laid
d an thetoad unmated soasI
cause nu unnecassais impedimenta
of sai to the cd streetu
upon 0110n011 anduse
yit is
tEi-Sall f,akr CIIY resrrvcs tar
rlshi to rennlate ai,d rn„lrol,h,- before me tits ____ .'Its._-._--- -- _____ _ __ day of
speed or al: ti,Ins, engin,and
onciasuccessors t 1 i bssiun ,'l
A.D. 19__ 58
far 1_,In]u hnh„, aid t,ao1, ---
a-I rnaany ie shall 'emceeinttricin with tits
the.
sidewalks, curbs oi
/
suiteta d shunt, l shall --
I 1 1 t .
with clime ''t ,fC
l rl hetitciedI fd
Ca: tut IL - l
place
: hsidewalks d d �
............ ...
mons:IndR
Notary Public
m atalonwtrsn s mat shall s construct the
Rtici d t icy twill w tlti
fiuc the i,taciimi of e.ad Enact of
Cn:f''ri Saonem
id inani, shalt rut in
nes ors
Laid t h lbrhino d Buena..
in
enl coca comics
sufficient e
1961
laid to r aL11 good
be
o.,
I,i Wined i ror c
�utilnn cothr. 'es said
nnterp all water nditche,s,
by nid Each_ so as to
add.,itfee, Wits-ace.
Suction!.]Nothie it this grant
shalla
be s construed i: t
�S:,It Esse flits iils -
^hor.a •nnls.o enntr,art o:'s' or
Faison,cr ,-shims la whom
knes been o
hit I,rdn
1i
Beit ebe o nf . ee,hshall
and by the ta centanee nthe nits-
,.
ctl, and e ebyra en
does eh and hind ante,,
itvhe
r v and assigns,
to acceptance tatnilerncrirnt
to - said t ntenead trout ells,
all` ahatenclaims tlem'flat and
tvnd: hhshall 1
asset a aye tidal cinll n
enkt its to o ordered i
wila against said
for n any
dln LY. o Tonal es to abut.,-
rrolrc,b n nnl injuries o tine
e,franchise
a of the s
of this fr.mctrise fit by reason rof
the d n:ta t,nidu o ,a ebn of
said behind ts and that and grantee
tatpa its a and assigns.
•
me d the a rn4 0
mend dch 111 at,vnn a aamte moo-
mn, nettle
shall ybc'undnaOetltsl.
soot i Gilt r Lake City; vicleth
hairier, that grants,
and rShall tla
notice s,olf a such suitsand a
rns•rr nit,y to and deform
theand raidall appear
and a v ns a
A„aee�ihrad brought
Suit Lake by toe any
d;nr by of
maintenance
ain construction.s tear tin of
rethe nc5 of said rr See 5. This ,chi
unitised fat tin title( �fitiy
(501Pass c tTern nrt feet die
Paeidedssage b ant e!. hat if lb a inn
trod , in) consecutive
nine
Seonins duaid the ii[k t
t,)his. said s e back i not
red toy the purposes far ed tat it
this franchise arise nlr granted o e'
there enbed ntiai abantlan-
ofelhar.lisc et said s -
shall b unlooses, and Spur
at n be ooldn at n the mean
said soma of said Bard
of
it a ordered byi said Eoued
ae Commissioners.said t head
alto, tlree, esd01 datheirf set
also be removed co a d the<
mitt! nil n ta condition of uniform
With tee balance of said era',—'
vith r o rude, n'th ersai-c
• end cons,at tine and to the sal.
ssisstlne of said Board of Cain
fattona ens. td the event to the
sai nid ry to ee a.remove
said track tt,a wand within
tt said
nctive and aidsaid
tleet,
dadt,such Sol days, the said work
v be done nv.Sall titer CiteW at
the t of the= inter.
needful Land.,this e ant and
all eret fedednao,,trngba-
the -
shall he creed to withal
R dts tided
e talc e lidy
ef-
ef-
fect ears nftar tald unless e ma
of akin s all bo,and ude
within
t�tn e (trace be constructed
rf hie Ile r en the 'de-
n[ such shall a sbee,nail this orti-
rtance ,tC be e nail and of sa
Hoard on R-,e the o o[said
Hoard t d roles real i
to rho pence,Dents cf nec-
essary of the eh.that n` Irb-
il:inc Cbec Utah, that this ordl-
hceome effective Toren.
Section
oe R.This ordinance snarl
take effect anon its publication.
Passed by the Sonia of
Cants
o Salt Lake e,i,
tell.11 this n:tied Aoy of Ant it,
9;r8.
ddinl P Clewa!t
f4
aeni.i nornn 1:vo r
rrcy lte1o5Perc„
OUP 511„ q nt hLsa
Cn UliShcd Pond,i Wi,195E. fC-lOD)
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