20 of 1929 - Granting franchise to Salt Lake Terminal Company for track on 1st West Street between 1st and 2nd So VOTING AYE NAY Salt Lake City,Utah, June 25th 192 9
io
Burton
Fehr I move that the ordinance be passed.
Finch
Moran
Commissione- o beets c Pu lic Improve-
Mr.Chairman - - - - _- _ - ments.
Result
ao
,
AN ORDINANCE
An Ordinance granting to the Salt Lake Terminal
Company, its successors and assigns, a franchise and right of
way to oo]struot, maintain and operate a single spur track from
and between its main line on First Jest Street in Salt Lake City,
to the property line upon the west side of said street.
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 Salt Lake Terminal Company and its
successors and assigns to construct, maintain and operate a
single spur track from arid between its main line on First gest
Street in Salt Lake City to the property line upon the west
side of said street as follows:
Beginning at a point on the centerline of the
west railroad track of the Salt Lake Terminal Company,
said point being 389.58 feet north and 4.35 feet west from
the street monument at the intersection of First Vest and
Second South Streets, and running thence southerly on a
curve to the right with a radius of 200 feet for 13.14 feet,
thence continuing on a curve to the right with a radius of
150 feet for 127.8 feet to the east property line of Lot
8 Block 67 Plat "A", Salt Lake City Survey, said point be-
ing 39.55 feet north of the southeast corner of said Lot
8. Centerline of said spur track being more particularly
shown in yellow on the attached print 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, viz:
(a) That said spur track shall be laid upon
and conform to the established grade of said street, and if said
grade is afterward changed by ordinance of the Board of Commiss-
ioners, the grantee shall, at its own expense, charge the
elevation of the track so as to conform to the same.
(b) The said grantee, its successors and assigns,
whenever so required by the Board of CommisUoners so to do,
shall pave, repave, resurface or repair between the rails and
for a space of two (2) feet on the outer side of each rail where
said track is constructed with such material and in such a manner
as may be approved by the Commissioner of Streets and Public
Improvements and all ties shall be lad upon a concrete base of
such thickness as shall be directed by said commissioner.
In the event the said grantee shall fail to
pave, repave, resurface or repair any surface or area as herein
required for a period of thirty (30) days after notice from
the Board of Commissioners so to do, the city shal lhave the right
to pave, repave, resurface or repair said surface or area and the
grantee agrees to reimburse the city for the total cost of said
work, labor and material.
(c) The said spur track shall ba ;wid, 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) Good and sufficient conduits to convey
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water shall be laid. and maintained in good condition at the
expense of said grantee in all water ditches crossed by said
spur track, so as to admit of free passage of water.
(e) 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 the
spur track aforesaid. Neither engines nor cars shall be per-
mitted to stand on said spur track on First 'Vest Street.
(f) That if in putting in said spur track said
grantee shall remove or in any manner interfere with the
pavement, sidewalk, curbs or gutters or waterways on said street,
it shall replace such pavement with the same or such other material
as shall be ordered by the Board of Commissioners and: shall
replace such sidewalks and such curbs, gutters and waterways to the
satisfaction of the Commissioner of Streets and Public Improvements
and shall so construct the gutters that they will allow the free
passage of water and to the satisfaction of said commissioner.
Section 3. Nothing in this grant shall be
construed so as to prevent Salt Lake City or its authorized
agents, contractors, persons or corporations to whom a franchise
may have been or may hereafter be granted from paving, sewering,
laying gas or watermains or pipes altering, repairing or in any
manner improv ing said streets, but all such improvements shall
be made with as little injury as practicable to said spur track
and the operation thereof.
Section 4. The said grantee herein, its
successors and assigns, shall and by the acceptance of the
privileges and franchises herein granted and in consideration of
the same, does bind itself, its successors and assigns, upon
its acceptance of this franchise, to save the 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 or otherwise by reason of the grant-
ing of this franchise or by reason of the operation of said
spur track; and that the grantee, its successors and assigns
will pay the amount of any judgment, determination or adjud-
ication, which in any suit or proceedings may or shall be found.
against Salt Lake City, 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 track; provided,
however, that said grantee, its successors az.assigns, shall have
had notice of any such suits, and an opportunity to appear and
defend the same.
•
Section 5. This franchise shall,extend until
the expiration of that franc his a granted to the Salt Lake
Terminal Company on December 31, 1913, to wit: Until the First
Day of January, 1964; provided, however, that if fora period
of nine consecutive months during the life of this franchise, the
said spur track is not used for the express purpose for which
this franchise is granted, this franchise shall be null and void;
and if so ordered by the Board of Commissioners said spar track
shall within 30 days thereafter, be removed and the street restored
to a condition uniform with the ba]ance of said street with re-
spect to grade, materials and construction, to the satisfaction
of the Commissioner of Streets and Public Improvements. In the
event grantee fails to remove said tracks and restore said. street
Salt Lake air may do so at grantee's expense.
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Section 6. Unless this franchise and all the
terms and conditions thereof shall be accepted in writing by the
grantee herein with 30 days from the passage of this ordinance,
and unless said track be constructed within one year from the
date of such passage, then this ordinance shall be null and void.
Section 7. This ordina a shall take effect
upon its first publication.
Passed bx the Board of mmissioners of
Salt Lam City, Utah 4.
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front' of f ulitirattnrut
3140t0 'tetrs sf,Autrrirs
STATE OF UTAH ss.
COUNTY OF SALT LAKE
`• dui•ordmaiice'.gralrtlrsg to the.Silt
Lase-Terrninai-.company: its,_a0OcPe<
.sere and assigns,a franchise and right
9X way to•construct, aintain and or-
qatD-a etcgla spur track from,and
een Ate'Main-nna Cm.Firstwest HARRY WOLFF
•-*et by Belt Lake City E0 the limp '
:ny•line.upon the west side Said
q set
e'V arlet/led hrthe> trd ofPP,'"
being first duly sworn,deposes and says,that he is the Principal Clerk
eotine,of Salt Lake, Ity,Vtp
•Section',I.;A framable it 'right
of wa le lanai'granted,to the Salt;
I sorenaesigna to coitadvdct,main- of the SALT LAKE DAILY TRIBUNE, a newspaper published in
tafn and.:operate a;single nraok
lrbm Mid..between its main line'on
'Met.West street in:Salt Lake City to
Slim property line upon the west side Salt Lake City, County,
oS said'etreet as follow.: - Salt Lake State of Utah.
A is the at a point the center- ,
'bile of the west railroad track of the
881E Lake. Terminal.company.raid
•Doint:being 389.58 feet Month and 4.35 That the NoticeAN GRDINANCI;. BILL 114A.:_2Q_.
feet west!Min-the ostreet monument
at the intersection of First west and
tecond,',s South ,streets, and running
thence southerly n.a curve to-the
.light.wth radius of 200 feet for • SALT. .
13.14,'feet, thence continuing on a
curve to'the right With a radius of
150 feet.for'n7.0 feet to the east
•Property line of let s, block e7,Vet OFFICn CIF...TIi::�._Q.I1'_X_.13.t1S3.fiRDi:R.
"A,".S35.55 Lake City,survey,said potnt
beingn 39.55 feet north.of the uth-
.Of'saidrspur er trs ddbeing8more
'pestle-
'Wally.shown in yellow on the attached
print,'which Is hereby made a part
of this ordinance.•
libation•2. During the term of this
franchise the grantee shall be sub- of which a copy is hereto attached,was first published in said news-
Ject to the fetiowing conditions, vie;
.(a)'That said spur track shall be
laid upon-and conform.to the.estab- 26th
;balled grade of.said street,and If said paper in its issue dated the
grade•is afterward'changed by ordi-
nance.of'the Board of Commission-
ers,the grantee shall, at its own ex-
pense., She•elevation of the day of June 1929
track change
to conform to the same. ,
lb)•The said-grantee,its successors
and assigns, whenever so required by
the Board,of repave,
resurface
o to de_ and waspublished in each dailyissue of said newspaper, on
the pave, rep,ro Commissioners r or
paid between.the rails and fora space
of two'(2) feet on the outer side of
each rail where said track is con- June 26th.
struaed with such material and in for
such a manner as may be approved
. by the m commissioner of streets and
'be'laidublic f upon
a concrete base and an ties
of sucll
h
thickness ease shall be directed by said thereafter,the full period of Gne insertion.
commtesloher.
In the event the said grantee•shalt
to tve. rpas rarany a oeea resurfaceherein id
for ao
rta.
period of thirty (30)days after the last publication thereof
notice from.the Board of Commiesion-
ere so to-do..the city shalt have the
right to pave,repave.resurface or -
pair eats! surface or area and the 26th
grantee agrees to reimburse the city being in the issue dated the day of
'for-the total coat of said'work,labor
'and motorist.
(c)The said spur track shall be laid.
and the road operated so as to cause June ,A.D.19 9
no Unnecessary Impediment to the
common, and .ordinary use of said
street upea latch it is laid.. ..
a,Good.and sufficient conduits to
Convey water shah di laid and main- Q/ljL Lr-d2
Coined in water hall-b at main-
of aid'grantee In all water
ditches crossed by said.spur track,so
sr ter. Ci
(e)Salt'Lake city reserves age of irves the right
to regulete.and aantrol the speed of and sworn to before me this 26th day of
.all trains,grantee,
its
'and sears uccessors
'operated
by the grantee,its successors and es,.
sin upon-the 4 tfgpffi n shle fore afd.
Nmitutmeile aasdd'epi¢trnaert
June ,A.D.192 9 F .t" gstseet.* y
;: .
f 1"/' Notary Public.
Advertising fee,$
"/..
(f) That If in putting 1n sait spuUr
track said.grantee shall remove'or 1n
any manner Interfere With the Dave+;
meat, sidewalk; curbs or gutle er,
waterways On said street,it shall re.
place ouch pavement with the amen or
such other material as shell'-be
ordered by the Board of,Commission:
era and shall reelede each.eldewatks
and:such curbs gutters end Water..
ways to the satisfaction-of the cem.
missioner of streets and-public im-
provements .and shall so construct
the gutters that they will allOw the
free passage of Water and to the sat.
isfaction of said commisalorler.
Section 3. Nothing.In this.grant
hall,be construed so ad to prevent
Salt Lake'City or Its authorised agent.:'
contractors,persons-or corporations to
whom-a franchise-may have been:or
may hereafter be granted from pav-
ing, bewaring. laying gas or seater-
mains or pipe, altering, repairing',or
in anymanner Improving said etreeep,
but all such Improvements shall his
made With as little injury, as eras•.
ticable to said spur track and the'Op.
-
oration thereof.
Section 4, The mid-grantee bereinit
its successors and assigns, shell and
by the acceptance of the privileges
and frsneises herein granted and lit,
consideration of the same, does bind.
itself,its successors and assigns,upon_
its acceptance of this franchise,AO
save the city harmless from ell suits.
claims,demands and)udgmeats what-
soever,'whether, In law or in equity.'
which-shall-be asserted,found or ean-
dered In any manner whatsoever,
against said city for injury or dam-
age to abuttin property or'other-
lae by reason of the granting Of this
franchise or by.reason of the opera-,
lion of said spur track;and that`the'
grantee,its successors and assigns will
pay the amount of any judgment.
determination or nd)udicatiou Whirls
in any skit or'-proceedings may or
shall be found against Salt Lake City.
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,-operation
or matntenanee of said spur track;
provided, however, that said grantee,
its successors and assigns, shall have
had notice of any such sults and an
opportunity'to appear and defend the-
same.
Section 5, This franchise shall ex-
tend Until the expiration of that,
franchise granted to the Salt Lake'
Terminal company on December:31,.
1913, to wit: Until the first day of
January,1984; provided,however,that
if Ior a period of nine consecutive
l
months during the life of this fran-
chise,the said spur track Is not used
for the express purpose for which this
franchise Is granted, this franchise
shall be null and void, and if so or-
dered by the Board of Commissioners
said spur betram shall within 30 days.
be thereafter removed and the street
restored to a condition uniform with
the balance of said street with re-
alert to grade, materials and con-
struction, to the satisfaction of the
commissioner oner of streets and nubile
Improvements. In the event grantee
tails to remove said tracks and restore
1 said street Salt Lake City may do so
/ at Section 0. Unlessethis franchise and
all the terms and conditions thereof
shall be accepted In writing-by the
grantee herein within 30 days from
the passage of this ordinance,and un-
less said track be constructed within
one year from the date of such pass,
age,then this ordinance shall be null
and void.
Section 7. This Ordinance shall take
•{effect upon its first publication.
Passed by the Board of Commission-
ers
of Salt Lake City.Utah,June 25,
0 1929.
JORN P.pOWMAN,
Mayor,.
BtlelIII,NMacc Macdonald. City Recorder.�;
• PPubliahed Juae.70.•1g2• ., ,.,.aa.'
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