2 of 1957 - Granting to Western Pacific Railroad Company, its successors and assigns a franchise and permission „ —ROLL CALL VOTING Aye Nay ��Salt Lake City,Utah, U1\ 11 195
I move that the ordinance he passed.
Burbidge . . . . 17
Christensen . . . `z , _--.
Romney . . . . V
Mr.Chairman , / AN ORDINANCE
ResW
AN ORDINANCE GRANTING TO THE WESTERN PACIFIC RAILROAD COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A
STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS JEREMY STREET BETWEEN
SOUTH TEMPLE STREET AND FIRST SOUTH STREET, 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
Western Pacific Railroad Company, its successors and assigns, to construct,
operate and maintain a standard gauge railroad spur track over and across
Jeremy Street between South Temple Street and First South Street in
Salt Lake City, Utah, the center line of said spur track being more
particularly described as follows:
Beginning at a point on the east line of Jeremy Street
approximately 249 feet south from the south line of South Temple
Street in Block 51 C, Salt Lake City, Utah; said point of be-
ginning being approximately 26 feet north of the center line of
C'1 the main line track of The Western Pacific Railroad Company,
measured along said east line of Jeremy Street; thence westerly
on a curve to the left with a radius of 573.14 feet a distance
of 66 feet, more or less, to a point on the west line of Jeremy
Street, said point being approximately 244 feet south from the
south line of South Temple Street and approximately 31 feet
north from the center line of the main line track of The Western
Pacific Railroad Company, both along said west line of Jeremy
Street.
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 maintained by the grantee to
conform to the grade of said street; and if 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 track so as to conform to
the same.
(b) Whenever said street where said track is constructed shall b e
paved, resurfaced or repaired, the said grantee, its successors and assigns,
2
11
1
4 R .
-2-
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 upon 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 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 tracks.
(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 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
tracks 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 the 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
II
-3-
or in equity, which shall be asserted, found 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 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
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 suit or
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 construction,
operatioh 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 the use
of said spur track for said purposes, said franchise shall be voidable at
the option of said toard 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 be
constructed within one (1) year from the date of such passage, then this
ordinance shall be null and void.
Section 7. In the opinion of said Board of Commissioners it is nec-
essary to the peace, health and safety of the inhabitants of Salt Lake City,
Utah, that this ordinance become effective immediately.
li
RECEIVED
)AN 2 5 1957
ACCEPTANCE OF FRANCHISE
t"""16\9b1+4144
C5y 11oaath4
The Western Pacific Railroad Company hereby accepts
that certain franchise, and all of the terms and conditions
thereof, granted by the Board of Commissioners of Salt Lake
City, Utah, by an ordinance, passed January 2, 1957, en-
titled: "An ordinance granting to The Western Pacific
Railroad Company, its successors and assigns, the right to
construct, operate and maintain a standard gauge railroad
spur track over and across Jeremy Street between South
Temple Street and First South Street, in Salt Lake City,
Utah."
Dated: January 21, 1957
THE WESTERN P CIFIC RAILROAD COMPANY
Ltied
By_
Wee President andeneral Manager
Attest:
ecretary
_ 4 _
Section $. This ordinance shall take effect upon its publication.
Passed by the Board of Commissioners of Salt Lake City, Utah, this
2nd day of January, 1957 , 1006Qc
( SEAL
BILL NO. 2 of 1957
Published January 5, 1957
•
it
j
c
•:0
E1C; H i WE.5T ' U
NHS
S.1 o- c. n _i
: 7'" () •
i-Y . I _ 1
to ' -i l _
.
-
11
.-
rn
0 5
!I I§ X
�t.�
c r�l EC.2+eBi6 4- __. °a ..,, ..,.. z5.?a'.
F
es
'' _)E R E.M S i�H oyosed c,<0»,or]
1
• v
u' --i
I,� -
u I PR i..0'3
c
, � F 1
--, ° ( 1
'o' 'u0 r. or. .r _e b-e c .�. 9
Q- G -{ ro
5 3 f
rn C' S.'1 -
F-, 0 X `, 0
7 'it', D
Zrr rn
n
, R 71 -1 r
o n
z S>.
n
w` c ). t
Fr. 3 rn rs SEVENTH wEcT
4C ., rn r.
1
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
D. M. Ockey
Being first duly sworn, deposes and says that he is legal advertising
clerk of the DESERET NEWS AND SALT LAKE TELE-
GRAM, a daily (except Sunday) newspaper printed in the Eng-
lish language with general circulation in Utah, and published in
Salt Lake City, Salt Lake County, in the State of Utah.
That the legal notice of which a copy is attached hereto
Salt Lake City Bill No. 2 of 1957
An Ordinance granting a right to construct
right of Tray to Western Pacific Railroad Co.
was published in said newspaper on
January 5, 1957.
Legal Advertising Clerk
Subscribed and sworn to before me this 7th day of
January A.D. 19 57
��,�---c Lail_-./
'�!GP -yes
Notary Public
My Coissi2 ,Eici8
I
2
,AN ORDINANCE i SECTION 4. Said grantee herein,ion
An ordinance granting to The Western successorsand assigns, by
Emilie Railroad Company, its s the acceptance of s the privileges and
is and assigns.the right to construct, franchise herein granted,n and in e
on-
rote and maintain a standard aaauge ideratinn of the same, does hereby
railroad spur track ov f. d acrossI hind itsclf. its successors^ and assigns,
Jemmy Street between South Temple i its acceptance of this franchise,
Street d First South Street,In Salt to save said ity harmless from all
Lake City,Utah. 1 suits. claims, demands andla;Vdgments
Re is ordained by the Heard of Corn- whatsoever, whether t i
of Salt Lake City,Utah, gaited which shall be I asserted,found
!MasterlessSECTION 1. A franchise d right of rendered i ban whatever
of way is hereby granted to The West- i against said City,for injury or damage
n Pacific Railroad Company,Its sue- to nther,nt<,by real personal jnj piles
seas and assigns,to n.truct,^ otherwise.br re on of the granting
s o o[thi_=frenchl.se,ore fry t of the
ate and maintain a over
and gag struction o e anon of scald track
railroad Dee track ovl'r d across n
)Jeremy Street between Smith in alt add that she .cagg's, witlin.II:
ts s
•Street and First South center'
n Salt Ice or and a, determination
ion
Lake City, Utah, the can➢@a'particularly
f st i any judgment,will pay
said tract:lowbeing more rticularly m adjudication which suit
described as followsr
proceeding may be or shall be found
Beginning at point on the east ns[Salt rLake City;provided,how-
line f Jeremy Street opinxbna iron ever, that said grantee, its successors
2A9 feet south,from the south line and assigns, hall have had notice of
of South Temple Street in Black 51 C, any suit SOBS and a opportunity to
Salt Lake,CIty,Utah:said point of appear and defend then.
beginning being center
26 grantee,its.successors and lassigns,shall
feet north f the c ter line of the. appear d defend all actions brought
main line track f The Western Co. Or against SaltLake City for any
ens Railroad Ce tany, measured r damage by r injury
along said east line of Jeremy treet: lion,operation m maintenance of said
thence westerly o e to the ' track.
left with radius of 573.14 feet a SECTION 5. This franchise is granted
distance of 66 feet ore or less, for the eriod ,E fifty fool
to a Point on the west line of Jeremy from and after the passage of this ocs
Stree,said point being e south
tole dinmrce;provided,hwever,that 1f for
244 feet south from the uth line period f nine(91 consecutive months
of South emnle Street and a Uro;- I during the life of tills franchise sale
ately 31 feet north from then center spur track is not used for the granted,
Ilse of the In line track of The for which this franchise is r purposes
r
Western Pacific Railroad Company. if there i substantial abandonment
both along said west line of Jeremy • 'of the use of said spur track for said
'purposes,se said franhise shall be void-
Street.SECTION 2. During the term of this bie at the entail of .said Board f
franchise the grantee shall be subject I Commissioners; and it so ordered by
to the followingconditions: said Board of Commissioners,said track
(al Thet said track shall he laid shall within thirty (30) days there.e.
,and csnf^r in to the grade of said after e removed and the street i
street s d hall at all times be main- stored to condition nifarm with the
tamed by the •-n a to Co formal balance of id street,with respect to
the grade f said street; E if said rode, materials and construction and
grade is afterward changed by o..il- to the satisfaction t osdid Board of
of the Hoard f City (demons-
failure In the event of the
Boners. the grantee shall, at its own
failure of sand grantee urn
is change the elevation o` the track and restore said street, such
•track Sep as to conform to the sane. --ion and within said thirty(]bjedal•s,
(bl Whenever said tract where said this work may be clone by Salt Lake
tracts Is constructed shall be paved.se-
SECTION CCTION he expense
this grantsurfaced o untied,the said shall
nave, all the terms and eontlitions a[theeeof
resurface
successor 1 gas, shall
dace orrepair between the rails hall be accepted in riling by the
and for a of two (a) feet outs grantee herein w thin thirty(35)Hays
side of eachng rail with the c kind
after the taking effect of this ordinance,
of material d on the said wear, r and unless h track be constructed
etet
with such other material a. may be within one(I)year from the date of
wed by the Eloalt fs(id rnrs- beSt1
ill ande,then athls ordinance shell
Inners,Ina 1,ties shall be laid upon ^ void,
le base f such thickness as
SECTION'!. r the opinion of said
shalll be directed by cold Board of Com Board of Commissioners It isnecessarye
to the nee e,health and safey of the
m Usert Sahli track shall be laid and the that bthistaordinance become Salt Lake
rtfective
cad operated so as to causee
c mpediment to the at nn i i diately.
nI�(�rsrcllnary t of said atientntNon nEECTION 6 This ordinance shall
which it-s laid
take effect'noon is publication.
(d)Snit Lake City reserves the right
Passed by he Soar f Commission-
OM regulate ..nd contrite the speed E ors of Sall Lake City,Utah,this and
all trains, e and c rated 'day o[Sam,arv, 195'!.
be dIe a antes engines
_sq pled as ADIEL F.STEWART,
a; i aid hacks see'rx Mayor.
Ifls In putting in said track,said HERMAN r HOCENSEN.
granite shall remove or to'I 5EA1.,) City Rccm'der.
Intc:Ymc with the pavement,side walks 1311,1,NO.2 of l957
curbs or
utters o said street,it shalt Published Jan ua,y�.195T fA-30)
oplaces ve bent with the
or with aur n�h other material a shall
be ordcre.t by said Board of CommL-
d hili` r rise; such 'Tier
�e,31ii i3 duet, rprid ana avtfe C e.
missthe loners sand of said Board of. the
and shall s construe: the
guilds other they , be to the free
fvegv o enter and l be to the ric,o.
acIf) of said Board of l:,put sin and
If Said i,i Ci and
imam such put
maintain gran,time ni missio be a, dice
as said Board at Commissioners,
conduits
tel Good and allfele ni candu its to
n-
valor shall be bid and m
taincoi in cod condition at the ex
or said r aid all Baser duelist
see by said tack s as to admit
the atins p of ire water.
SECTION S uti tng in eve grant
shale he aconstruedrnmi as tis prevent agents. r
Lake Cctor o r(s rsons r cororati or
contractors,a
R io whmn. franchiset rn granted,nine been
y hereafter lit g.carted,from bay-
ing, conth water
nnrOr ing.>lne=ii conduits,altering,timpro r
Pairing.sire,
o Ltt one manner improving
said atreetr
CZ