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23 of 1930 - Granting a franchise to Denver & Rio Grande Western Railroad Company for track on 8th South between --=== VOTING AYE NAY Salt Lake City,Utah, July 29 '0 199. Burton as amended Fehr I move that the ordinancsie passed. MEE Finch 1E1- - - - - - - LAKE 9! Mr.Chairman - — - ' Result VOTING AYE NAY Salt Lake City,Utah, aLly.29 193 Burton - - Fehr - ;'svo that Dill 23 for an ordinance Finch - - r7ontin,(,; a franchise to the Denver Rio Grande Lake - - VesternRailroad Co. to construct and operate standard Mn Chairman - r2;aui;e railroad spur track in and across all So. between Result - - 5th 'Jest and 6th 'f'est Ste., presented to the load of Commissioners June 18, 1930, read and laid or the table, be taken from the table for consideration by the Board.: CornissfaiThrof Str_ets I. Fubli6 Improvements •Passed by the Board of Covunissirrs of Salt Lake Ci.1&,-Itah, E ljtiORNati&-'1A01 _ City corder = Mayor ORDINANCE AN( iDINANCE GRANTING TO THE DENVER AXD RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN ADDITIONAL STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS EIGHTH SOUTH STREET BETWEEN FIFTH WEST STREET AND SIXTH WEST STREET IN SALT LAKE CITY UTAH; TO SHIFT POSITION OF SPUR TRACK NOW EXISTING AT SAME LOCATION TO NEW POSITION EASTERLY OF PRESENT POSITION AND TO CONSTRUCT, OPERATE AND MAINTAIN STANDARD GAUGE RAILROAD SPUR TRACK IN SAID NEW POSITION. 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 a standard gauge railroad spur track over and across Eighth South Street between Fifth West Street and Sixth West Street in Salt Lake City, Utah, the center line of said spur track being more particularly described as follows; Beginning at a point in the north sideline of Eighth South Street 227 feet west from the Salt Lake City sur- vey monument line on Fifth West Street{ thence southwesterly on a 12 RO' curve to the right 1E6 feet to the south side-line of said Eighth South Street as shown in solid yellow line on the attached blueprint which is hereby made a part of this ordinance) also to shift position of present spur track crossing Eighth Welt-Street from the position shown on attached blueprint in broken red lini715. position shown in broken yellow line and to construct, operate and maintain standard gauge railroad spur track in new position. Section a.. During the term of this franchise the grantee shall be I If Aehje t to the following conditions; � (a) That said tracks shall be Lail upon and conform to t'v' grade of said street and if the said grade afterward changed by evdinanoe of the Board of City Colmissionorrs, the grantee sF.sll, at its darn espen,ee, change the elevation of the tracks so as to conform to the same. (b) Whenever said street where said tracks are consitructed shall be 4 paved, resurfaced or repaired, the said grantee, its suekSUUers and as- signs, then 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 *aid street, or with such other material as may be approved by the' Board of Cmsissioners and all ties shall be laid upon a concrete base of �such ok .ss as shall be directed by the Bigord-af°-Cr 1issioners. to) Mild, tracks•shail be laid and the road operated so as to cause no unnaceasary in sediment to the common and ordinary use Of said street upon Ititarthey are laid. (d) Salt Leke City reserves the right to regulate and control the speed of all trains, onstage and ears operated by the grantee, its successors and assigns open said tracks. (e) It, in putting in said Vella, asad.grantee shall remove or in 1 any manner interfere with the part, 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 � of Commissioners and shall re- place such sidewalks and:rm ,"•curb• and gutters to the satisfaction of the mappeyegvemathieged0044bane esmetx fleo construct the gutters that they will anew tree passage of water am& AO the satisfaction of the urdk br:Cnmm s- sionets. • (f) Said grant*, shalt- put in and maintain such orossingsover said tracks a# shall Trots time t.) time be required by the Board of Commission- • ere. g Good and suff‘cient conduits to convey water shall be laid and maintained in good oendition at the expense of said grantee in all water ditches crossed by said *racks so as to admit of free passage of water. Section g4 Nothing in this grant shall lee so construed as to pre- 1 vent Salt Lome City or its authorised agents1,Oontractors or personsor j oorporatiomo to Show a franchise may have been or may hereafter be granted, from paereng, severing, laying gas or water mains, pipes or conduits, alteruag. repairing Or in any manner improving said street. Section 4. Said grantee herein, its successors and assigns, shall, it .; ORDINANCE ANORDINANCE GRANTING TO THE DENVER An RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN ADDITIONAL STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS EIGHTH SOUTH STREET BETWEEN FIFTH WEST STREET AND SIXTH WEST STREET SN SALT LAKE CITY,f UTAH; TO SHIFT POSITION OF SPUR TRACK NOW EXISTING AT SAME LOCATION TO NEW POSITION EASTERLY OF PRESENT POSITION AND TO CONSTRUCT OPERATE AND MAINTAIN STANDARD GAUGE RAILROAD SPUR TRACK IN SAID NEW POSITION. 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 a standard gauge railroad spur track over and across Eighth South Street between Fifth West Street and Sixth West Street in Salt Lake City, Utah, the center line of said spur track being more particularly deseribed as follows: Beginning at a point in the north sideline of Eighth South Street 227 feet west from the Salt Lake City sur- vey monument lime on Fifth West Street; thence southwesterly on a 1E BOe curve to the right 1a8 feet to the south side-line of said Eighth South Street as shown in solid yellow line on the attached blueprint which is hereby made a part of this ordinance; also to shift position of present spur track crossing Eighth We Street from the position shown on attached • blueprint in broken red line's position shown in broken yellow line and tra construct, operate and maintain standard gauge railroad spur track in mew position. ` said street and) That d tracks shall at alll be timesaid upn and be maintainedobyo 7heto the prant:erad of to conform r: • to the grade of said street, and if the said grade is ;;.fteroisrct changed. by ' ordinance of the Board of dity Commissioners, the pranteo shall, at its own expense, change the elevation of the track so as to conform to the aari1., paved, resurfaeed or repaired, the said grantee♦ its sueeette!�se and as- signs, !!! 0411 pave, resurface or repair between the rails, and roe s apace of two (E) 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 shah be directed by the Bdagdtoftel issioners. (c) Said tracks shall be laid and the roam operated no as to cause no unnecessary 14:pediment to the common and ordinary use of said street upon hie they are laid. (d) Salt Lake City reserves the right to regulate and control the speed of all trains, engines and ears operated by the grantee, its successors and assigns upon said tracks. (e) If, in putting in said trucks, sa&.dgrantee shall remove or in any manner interfere with the pavement, ,ldewalks, 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 Hoard of Commissioners and shall re- place such sidewalks and ruoa curb► and gutters to the satisfaction of the gammcvwcomifiicstaesscand sbaU ►o construct the gutters that they will allow tree passage of water and- to the satisfaction of theBkmrdFn± CbmalIs- tioners. (f) Said grant shah- put in end maintain such oro,ssingsover said tracks as eball fx+pm e t,4 time to required by the Beard of Commission- ers ,,— (a`) 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 racks so as to admit of free passage of water. Section 8, Nothing in this grant shall lie so construed as to pre- vent Salt Lay:* City or its authorised agents contractors or persorisor corporatiars to whom a franchise may have been or may hereafter be granted, from oreang, severing, laying gas or water mains, pipes or conduits, alter•ng, repairing er in any manner improving said street. Section 4. Said grantee herein, its successors and assigns, shall, • 23 004.0000M4 and by th' ''acceptance of the privileges and franchise herein granted, and in consideration of the same, does bind itself, its successors and as- signs, upon its acceptance of this franchise,to save said city harmless from all suits, claims, demande and judgments whatsoever, whether in law or in equity, which shall be asserted, found or rendered in any r:,arnnor whatsoever, a:;ainet 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 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. manteo, 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 construction, operation or maintenance of said spur track,. Section 5. This franchise is granted for the period of twenty-five years from and after the passage of this ordinance; provided, however, that if for a period of nine consecutive months during t'ae life of this franchise, said spur tracks are not used for the purposes for which this franchise is granted, or if there is a substantial abandonment of tho use of said spur tracks for said purposes, said franchise shell be voidable at the option of the Board of Commissioners• and if so ordered by the Board of Commissioners said spur tracks shall within thirty 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 the Beard-of-Cois§ioners. In the event of the fail- ure of said railroad company to remove said tracks and restore said street upon such action, and within said thirty days, t e said work my be cone by Salt /arc City at the expense of the railroad company. $eotion 6. Unless this grant and all the terms and conditions thereof shall be accepted, in writing, by the grantee herein within thirty days after tie taxing effect of this ordinance, and unless Such tracksbe 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 oard of Commissioners it is necessary to the peace, health and safety of the inhabitants of Salt Lake City, Utah, that this ordinance become effective inaediately. Section S. This ordinance shall take of °et a on its ublication. j Passed by the Board of Commissioners Sa t Lake C ity, Utah, this �►+qtm,q day of f11 1930. I 7*7-,71-6--"‘-- d . Pill sh. k? Publish 50 1930 - 1 , f �.� t It2 ',:- f + s ' '� / 1 Y "4� � r c= r. 02 y x u— rah t !, : _! '' 61 y ffi il rrt, r 9 �' ..g _, <S o �6,',,w �.J _ 0 W,t. ,. I il 4. ' 1.1 3.1 =3 8ir .y��. f W ;_ Ys Y i �I _. _. ___ _ .-:-.- ..,_ .� k 1 1 41 - 1_ 1� _ i I - - ---_ `-- _-,-- - Proof of Publication IuIl11uhltilllIl UNITED STATES OF AMERICA, STATE OF UTAH, ss. County of Salt Lake. ORDINANt t;• AN ORDINANCE 0 NTING TO .. '7 THE DENVER AND GRANDE 1, Milc..Bveleigh being first duly 'WESTERN RAILROAD COMPANY, ;ITS SUCCESSORS AND ASSIGNS. 1THE RIGHT TO CO£1STRUCT;OP. ERATE AND MAI pfg D lN ADI- sworn, depose and say that I am the Chief Clerk of THE SALT LAKE TIONAL STANDARD���GGG HUGE RAIL- ROAD SPUR TRACK' OVER AND ACROSS EIGHTH SOUTH STREET TELEGRAM, a newspaper of general circulation, published every day BETWHEN FIFTH WEST STREET AND SIXTH WEST STREET IN- POSITION LAKE CITY,SPUTAH; R T ACKsNOW at Salt Lake City, State of Utah. EXISTING AT SAME LOCATION TO NEW POSITION EASTERLY OF PRESENT POSITION,AND TO CON- STRUCT, OPERATE AND MAIN TAM STANDARD GAUGE RAIL- That the notice .An.Ordiname.Bill.k.23. .ROAD SPUR TRACK IN SAID NEW POSITION. BE IT ORDAINED by the Board of Commissioners of Salt Lake City, Utah: Section 1. A franchise and right of way 1s hereby granted to The Denver and Rio Grande Western Railroad Company, its successors and assigns, 'to construct; operate and maintain a' standard gauge railroad spur track over and across Eighth South Street between Fifth West Street and Sixth Weat.Street In Salt Lake City.Utah, !the center line of said spur track being more particularly described as fol- lows: Beginning at a point In the north side-lhte of ighth South Street, of which a copy is hereto attached, was first published in said news- 227 feet West from the Salt Lake City • urvey monument lino on Fifth West 'Street; thence southwesterly on a 12 degree ao minute curve to the tight 30th. July 30 122 feet to the south side-line f said paper in its issue dated the day of 19... •Eights South Street as shown in solid • 'yellow line on the attached blueprint, Which is hereby made a part of this 'ordinance; alan to shift position or and was published in each daily issue of said newspaper, on present spur track crossing Eighth West Street from the position shown on attached blueprint in broken red line to'position shown in broken yet- *****>t:*** for ******** low line and to construct,operate and maintain standard gauge railroad spur track In new position. franchise thegrantee1eshall b`suti thereafter, the full period of . 1011a feet to the followingconditions: (a)That said tracks shall be laid upon and conform to the grade of said street and shall at all times be 'maintained by the grantee to con- the last publication thereof being in the issue dated the .. ...,. form to the grade of said e)rebt,and i if the said grade is afterward changed by ordinance of the Board of City commissioners, the grantee shall, at day of J111Y A. D. 19.�.. ors own expense,change the elevation 'Y////�',/Io • f the track er as to conform to the %/!? ( rL('�rf rr(b)Whenever salt street where said •tracks are constructed shall be paved, resurfaced ,or repaired, 'the said • .grantee, its successors and assigns, -h&H•'p0.ve,resurface.or-reftalt,haewens"---- -the rails and'for space of two (2) feet outside of each rail with the sane , Subscribed and sworn to before me this ..... day of kind of material used or the said - atreet, or with such other material 'Csmay be approved by the Board f. t mlesioners, and I1 ties ellen be August laid upon a concrete base of such August. thickness as shall be directed by the Board of Commissioners. • (e)Said tracks shall be laid and the road.'operated so tr to cause no un- andstory impediment to the common ordinary use of said street upon Notary Public. which they are laid. (d)Salt Lake City reserves the right it regulate and control the speed of. all trains, engines and cars operated �9VVYYRR. by the grantee,its successors and as • - • signs upon said tracks. 2G My commission expires Qr•. .!!a. (e).If, in putting in said tracks, • said grantee shall remove-or In any m Advertising fee, manner interfere with the pavement, slde:walks, curbs or gutters on said street,it shall replace such'pavement. :With the same orwith such other m - aterial as shall be ordered.by the -• Board of Commisatonere and shell re-. .place Saab)ter etdewalkp and such curbs' ' • gugtera tg, e psuefactl'ofj kI to=_ • Sdatr f Comm ttena>;p, " construct Ate gutters 1eee1�y'I 11 allow Pree DaseSge a wayyfe'tLL6>,d toz -.aatlefaction of the ,,a Of eo mle- (f)Said grantee%hag put in gild maintain such uoeetnfl• over said' traoke as 4441(3'l Isom tune-do ttn4'. ,, reigUired by[4,4[4.14e008d.of Qannsin. fg)Good and eufftolent conduits to. convey water shalt be laid and main- tained In good condition at the ex- pense of said grantee In all.water ditches crossed by said.tracks an as' ' to admit of fres passage of water. Section 3.Nothing In this grant shall ••be so construed as to prevent Salt Lake ititY.esy'itsauthorized agents,or coa- r'aetors.or persons or corporations to ,whom•a franchise may have been er may hereafter 6e granted, from pay- 'lug, se 'illy, laying gas or water mains,pipen or onduits,altering,r pairing or in any manner Improving maid street. Section 4. Said grantee herein. Its core and assigns, shah. and by 'the acceptance'of the privileges and 'franchise herein granted,and i co n- sideration of the same. does bind it- ItSfacepeta s nceof tors his franchise. to save said dty-hacrnless from all sults, claims,demands and judgments what-' soever, whether in km or in equity, which shall be asserted. found rendered in any manner whatsoever. against said pity for injury or darn-. age to abutting property,personal in- juries or otherwise,by reason of the granting of this franchise,or by rea- son of the.construction or operation of said spur tracks and that the grantee herein,its sucoessra and 0. signs, will pay the amount of any judgment, determination or adtudica- 'iVon,which in ny 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 ticl, sults, and an opportunity to appear and defend the same,and said grantee. its successors and a ssigns, shall appear in and defend all actions brought against Salt Lake City for any Injury or damage by reason of the construction, operation or main- tenance of said spur tracks. Section 6 This franchise Is granted for the period of twenty-five years from and after the passage of thls ordinance; provided, however, that If for a period of nine consecutive nnths during the life of this fran- chise,'said spur tracks are not used for the purpose for which this franchise Is granted, or if there is substantial abandonment of the use of said spur tracks for said purposes, said franchise shall be voidable et the option of the Board of Commissioners; and If so ordered Ly the Board of Commissioners. said spur tracks shall within thirty 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 construction,and to the Isatisfaction of the Board of Commis- Isioners. In the event of the failure IFFof eats"eatlroad company to remove said tracks and restore said street upon such action, and within said i thirty days. the said work may be 'done by-Salt lake CIty at the ex- 'tense of the railroad company. • Section 6. Unless this grant and all the terms and conditions thereof*all 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 neces- sary to the peace,health and safety of I the inhabitants of Salt Labe City, Utah,that this ordinance become of- (entice immediately. l Section 8. This ordinance shall take tit upon its publication. aced by the Board of Commie- s of Salt Lake City, Utah, this day Of July, 1980. ..[1;, JOHN F. BOWMAN,Mayor,;i'"'". EZ`}iEL DfAi y E/7dos B.[ City liecoNlen Wish 23, •Xdlched July 30th, 1930, a3 Proof of Publication • From • The Salt Lake Telegram County Entry No. • • < i o/4 0,40 fS • PA I 7 �'>eL • �' qj Q axis tub �. �! • �� �a, Q��pu5f �.�+ �!. l$ Q I. t iig4dda 19Kt. m F • b I rse '- •. •Oa A I J 8c �� " +s � . : 6.af,r 9$vn,9 d +k • XX _• I ❑ n ' i - I• 4; • t " t ... ''. o �I i o • I -a e . 'iv-. • a i • I , rtf H ., ,v p7 qQ Y r s o n y(p .,•,i. •s', b � 'WS° s,�"� fI, ; S1 : j /791-� T S F r - - e Q. ! a+y-Jw X1 la: .Z6 . � I • t fi I • f r k s !n #FR � '� P t I ! . r. s 111