23 of 1951 - Denver & Rio Grande Western RailRoad Company a franchise to the right to construct, operate and main `'H" MAR 29 1951
Salt Lake City,Utah, • ,195
.E.TUNG Aye Nay
!Jv
Affleck I move that the ordinance be passed.
Christensen . . .
Lingenfelter . .
Romney . . . . ✓ \
Mr. Chairman . AN ORDINANCE
Result
10 ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY AND OREGON SHORT LINE RAILROAD COMPANY
(UNION PACIFIC RAILROAD COMPANY LESSEE), THEIR AND EACH OF THEIR
SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAIN-
TAIN A STANDARD GAUGE RAILROAD SPUR TRACK OVER AND UPON SOUTH
TEMPLE STREET AND OVER AND ACROSS SIXTH WEST STREET IN SALT LAKE
CITY, UTAH.
Be it ordained by the Board of Commissioners of Salt
Lake City, Utah:
SECTION 1. A franchise is hereby granted to The Denver
and Rio Grande Western Railroad Company and Oregon Short Line
Railroad Company (Union Pacific Railroad Company Lessee), their
and each of their successors and assigns, to construct, operate
and maintain a standard gauge railroad spur track over and upon
South Temple Street and over and across Sixth West Street in Salt
Lake City, Utah, to serve premises in the south half of Block
60, Plat '[Ct[, Salt Lake City Survey, the center line of said
track being more particularly described as follows:
Beginning in the center line of the presently operated
main track of the Oregon Short Line railroad in South
Temple Street, about 177.7 feet west of the west line of
Sixth West Street; thence easterly on a turnout curve to
the left, having a radius of 764.49 feet, a distance of
72.5 feet; thence continuing northeasterly on the tangent
to said curve a distance of 10 feet; thence northeasterly
on a curve to the left, having a radius of 193.185 feet, a
distance of 168.78 feet; thence northeasterly on the tangent
to said curve a distance of 76.8 feet; thence on a curve to
the right, having a radius of 193.185 feet, a distance c43'
69 feet to the east line of Sixth West Street.
The location of the center line of said track is graph-
ically shown in yellow on the attached print, which is here-
by made a part of this ordinance.
09
-2-
SECTION 2. During the term of this franchise the grantee,
their successors and assigns, shall be subject to the following
conditions, viz:
(a) The ownership of said track shall be vested as to th
respective portions thereof individually in said grantees in accord-
ance with an agreement or agreements between them. The said track
shall be laid upon and conform to the established grade of said
I
South Temple Street and Sixth West Street, but if said grade is
afterward changed by ordinance of the Board of City Commissioners,
the grantees shall, at their own expense, charge the elevation of
said track so as to conform to the same.
(b) Whenever said street where said track is constructed
shall be paved, repaved, resurfaced or repaired, then said grantees,
their successors and assigns, shall pave, resurface or repair be-
tween the rails and for a space of two feet outside of each rail
with the same kind of material used on said street, or with such
other material as may be approved by the Board of Commissioners.
In the event said grantees shall fail to pave, resurface;
or repair and surface any area as herein required for a period of
thirty ,(3O) days after notice from the Board of Commissioners so
to do, the City shall have the right to pave, repave, resurface or
repair between the rails or said surface or area aid the grantees
agree to reimburse the City for the total cost of said work, labor
and material.
(c) The said track shall be laid and the road operated
so as to cause no unnecessary impediment to the common and ordinar
use of said street upon which it is laid.
(d) Good and sufficient conduits to convey water shall be
laid and maintained in good condition at the expense of said
grantees in all water ditches crossed by said 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
grantees, their successors and assigns, upon the track aforesaid.
Neither the engines nor cars shall be permitted to remain on said
-3-
track.
(f) If, in the replacement or maintenance of said track
said grantees shall remove or in any manner interfere with the pave-
ment, sidewalk, curbs, gutters or waterways on said street, they
shall replace such pavement with the same or such other material a
shall be ordered by the Board of Commissioners aid shall replace
such sidewalks, curbs and gutters and waterways to the satisfactio
of the Commissioner of Streets and Public Improvements aid shall s
construct the gutters and waterways that they will allow the free
passage of water 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, per-
sons or corporations to whom a franchise may have been or may here-
after be granted from paving, severing, laying gas or water mains r
pipes, altering, repairing, or in any manner improving said street
but all such improvements shall be made with as little injury as
practicable to said track and the operation thereof. When Salt Lak
City undertakes to place any utility under said track, the grantee
shall at their own expense underpin and protect their track while
said utility is being placed under the track.
SECTION 4. The said grantees herein, their successors an
assigns, shall, and by the acceptance of the privileges and fran-
chises herein granted and in consideration of the same, do bind
themselves, their successors and assigns, upon their 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 whatsoeve ,
against said City for injury or damage to abutting property or oth r-
wise by reason of the granting of this franchise or by reason of
the operation of said track, and that the grantees, their succes-
sors and assigns, will pay the amount of the judgment, determina-
tion or adjudication which in any suit or proceedings may or shall
be found against Salt Lake City, aid the said grantees, their suc-
cessors 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 track, provided,
however, that said grantees, their successors and assigns, shall
have had notice of any suits and an opportunity to appear and de-
fend the same.
SECTION 5. This franchise is granted for the period of
fifty (50) years from and after the date of the passage of this
ordinance, provided, however, that if for a period of nine consecu-
tive months during the life of this franchise said track or any
part thereof is not used for the purpose for which this franchise
is granted, or if there isa substantial abandonment of the use of
said track or any part thereof, this franchise shall be voidable
at the option of the Board of Commissioners, and if so ordered by
the Board of Commissioners, said track shalli within thirty (30)
days after notice, be by,.taid grantees removed from the street and
the street restored to a condition uniform with the balance of
said street with respect to grade, materials, and construction to
the satisfaction of the Commissioner of Streets and Public Improve-
ments. In the event of failure of said grantees to remove said
track and to restore said street upon said notice and within thirty
(30) days thereafter, the work may be done by Salt Lake City at
the expense of said grantees.
SECTION 6. Unless this franchise and all the terms and
conditions thereof shall be accepted in writing by the grantees
herein within thirty (30) days after this ordinance becomes effec-
tive, and unless said track be constructed Within two years from
the effective date thereof, then this ordinance shall be null and
void.
SECTION 7. Whereas, in the opinion of the Commission an
emergency exists, this ordinance shall take effectiI ediately
after publication hereof.
Passed by the Board of Commissioners of Salt Citg", .Utah, thi
f day of , A.D. 1951,
(471M):)%Hec da,N Jo.
� y�Or
City Recor r._____- ; � ,
Affidavit of Publication
STATE OF UTAH, 1
88
County of Salt Lake J
Legal Notices
AN DRDINANCE
AN ORDINANCE GRANTING TO
THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY '1Y
AND OREGON SHORT LINE RAIL- ' ' "" 's
ROAD COMPANY(UNION PACIFIC
RAILROAD COMPANY LESSEE). Being first duly sworn,deposes and says that he is the ad-
CENSORS AND OF THEIR SUC-
RGHT AND ASSIGNS, THE
ERATE
AND TMAINTAIN TO TRACTSTANDARD vertising clerk of THE DESERET NEWS,'a newspaper,
GAUGE RAILROAD SPUR TRACK
OVER AND UPON 801T11 TEMPLE
STREET AND OVER AND ACROSS published in Salt Lake City,Salt Lake Count ,in the State
SIXTH WEST STREET IN SALT y
LAKE CITY. UTAH.,
C mnmisslonertne f bSalthL ke rCity, of Utah.
utah'
SECTION 1.A franchise Is here-
by granted to the Denver and Rio
Grande Western Railroad Company
and Oregon dllort'acific Railroad That the advertisement
Company Lessee).their,Pacific
Railroad
of
theirsuccessors cad assigns,to e n Grp-inanoe ill :roe 23
standar gaue.,,,{{'1r11�a maintain t ac-
s�standard
gauge_
Temple track
and(over and across Sixth West
Street in Salt Lake City, Utah, to
carve premises In the south half of
Block 60,Plat 'C".Salt Lake City
Survey,the center if.of said track
being,more partigUlarly described sa
follows:
laeginning issi final canter line f
the presently operated main track
In .tScuOregon e lej,Street,raabout was published in said newspaper, in its issue dated, the
117'2 feet welt nf'the west line of
8hth West Stre,li,thence easterly
� a tnrnnnt. a to t>;a ]elf, day of A.D.19
Hating a radius [ '; the feet, a
tInuinae of tea feet; thence c
tenting said
curve
at the tan-
gent to Bald curs a dlstan:e of 10
feet; thence northeasterly on a r/;=
curve 19 to the left, having a radius and was published �� -- i �, � �
of I90]g5 feet;n anodistancertheasterly
of the
•tent; thence oc di on the
tangent to hen curve°distance°t the last publication thereof being in the issue dated the
nigh tees,having
t°the
ent, h d distance'es,69 of 10 the '
trot, ofSix(°},es feet to the
lineto of Sixth he c Street.
`all location of the center line y
Geld track fe attached
shown In day of A.D.19
yellow y the ttaohetl oprint,which
Is hereby made a part I this +��j �G��
SECTION 2.During the term of �- �&
thls franchise the grantees, ther / Advertising Clerk/successora
-and assigns,,shall be sub-
tent to the following conditions,vl".:
(a) The p ership of said track
shall be v stet as to the respective
portions thereof Individually in said
grantees in accor
dance Rh a
agreement agreements between
them. Thesaid track.shall be laid
Upon and conform to the established )orn to before me this ?n,-1 day of
add SixthsaWeSouth
S4 eet`b t if Street
grade is afterward hanged by said
i l dlnance o the Board a City Coma A.D.19 missloners, the grantees shall, at
their own expense, change the ele-
vation at said track so as to con- 0
form to the same
(b) Whenever said street where
asld track is constructed shall be s ._
paved, r paved, resurfaced or re-
paired, ✓\IK\/-
aire, then
said aid grantees, their ---- --- --
e Mane d assigns, hall pave,
1
repair between two the
et 1\ Notary Pu tc
rails d for pace t two feet
outside of each call with the s i
kind of materi used an .�same
street. or with such other material
may be approved b" the Board
of Commissioners.
Ili u1e event said grantees shall
fall pave, resurface, repair
and surface any area
as herein re-
quired quired fora period of thirty (30)
days alter notice front the Board
of Commissioners so to do,the city
shall have the right to pave, re-
pave, resurface
r
urface repair between
the rails a said surface or
and the grantees agree to reimburse
the City for the total cost of said
work,labor and material.
(c) The said track shall be laid
and the road operated so as to cause
no unnecessary impediment to the
common
a
and ordinary a of said
street upon which 1t 1s laid.
(d) Good and sufficient conduits
to convey water shall be laid and
maintained in good rendition at the
expense of said grantee's In all wa-
ter ditches crossed by said track s
at to admit of free passage of wa-
ter.
(s) halt Lake City reserves the
right to regulate and control the
speed of all trains,engines and rare
operated by the grantees,their VIC-
crosser
and assigns,upon the track
aforesaid. Neither the engines nr
cars shalt be permitted to remain
on said track,
(1) If. In the replacement or
maintenance of
said track said
m
antes shall re p
remove In any
grantees
Interfere with the pave-
eet, sidewalk, e urbs, gutters or
waterways o said street,they shall
replace such pavement with the
same
s r such other materiel as shall
be ordered by the Board of Com-
missioners and shall replace such
sidewalks, curbs and gutters and
waterways to the satisfaction of the
Commissioner at Streets and Collie
the
gutters
ements and shall sthat
constructthey
the gutters and waterways at they
will allow the free passage 1 water
to the satisfaction of arid Commis-
sioner.
SECTION 1.Nothing in this grant
shall be cn nstrue&so
s to prevent
Salt Lake City or its authorized
agents. contractors, persons or cor-
raryltiobenesay
n r to whomy(ranchise hereafter m be
granted from paving, sewering,lay-
ing gas or water mains or p
s r
ipes,
altering, repairing,or any
r improving said street, but all
such improvements shall be made
with as little injury as practicable
to said track and the operation
thereof, When Salt Lake City un-
dertakes to place any utility under
said track, the grantees shall at
their expense underpin and
protect.own
their track while said utility
is being placed tinder the track.
SECTION 4. The said grantees
herein,their successors and assigns,
shall and bythe acceptance of the
privileges franchises herein
tranted an pin consideration of
he same,do bind themselves, their
successorsand assigns, upon their
eptance of this franchise,to con
the City harmless from all suttee
claims. demands and ptdgmcnta
whatsoever, whether In law or in
equity, which shalt be asserted,
found or rendered In u manner
whatsoever,against said City for in-
fury or damage to abutting pro0-
erty otherwise by r of the
granting
of this franchise or by
of the operation o1 said
track,1 and that the grantees, their
SUCCe530tr
and
d assigns,will pay the
ais
ent of the judgment, deter-
slfnatl0n or adjudication which in
any salt or proceedings may or
.shall
be found against Salt Lake City,
and the said grantees, their a
and assigns,shall appear int
agaloet end all actions brought
_ gain et Salt Lake City for any in-
fury or damage by reason of the
construction, operation, main-
tenance of said tracrack., provided,
however, that said grantees,yes, their
successors and assigns, shall have
had notice of any suits and an op-
portunity to appear and defend the
eeSECTION D. This franchise I.
granted for the period of fifty
(50) years from and atter the
date of the passage of this ordi-
fance. provided. however, that It
or a period of nine consecutive
months during the flee of this fran-
chise said track or any part there-
of Is not used for the purpose for
which this franchise Is granted, or
11 there Is substantial abandonment
of the use f said track or any
part thereof,this franchise shah be
voidable at the option of the Board
of Commissioners,end ifs ordered
by the board of s Commissioners.
said track shall,within thirty (30)
days after notice,be by said grantees
removed from the street and the
street restored to a n ondition uni-
form with the balance of said street
with respect to grade, materla:s,
and construction to the satisfac-
tion of the Commissioner of Streete
and Public Improvements. In the
ant of failure of said grantees to
remove said track and to restene
said street upon raid notice and
within thirty (30) days thereafter,
the work may be done by Salt Lake
OIty at the SECTION e6P Unless this franchise
and all the terms and conditions
thereof shall he accepted In writing,
by the grantees herein within thirty
(30) daeffective,thiss af ter ordinance
be
-
comes
track be constructed within two
years from the effective date there-
of, then this ordinance shall be
null SECTION
ON 7. Whereas, 1n the
opinion of the Commission an emer-
gency exists, this ordinance shall
take effect immediately after pub-
lication hereof.
Passed by the Hoard of Commis-
loners of Salt Lake City, Utah,
this 29th day of March.A.D.1951.
EARL J.OLIVE,
Mayor.
IRMA F.BITNER,
I SEAL) City Recorder.
BILL NO.n3.
Published March 31st,1951.
G23