24 of 1935 - Franchise for Granting to the Denver and Rio Grande Western railroad Company, its successors and ass ROLL CALL
VOTING AYE I NAY Salt Lake City,Utah, APH 30 L 193
Coggin / I move that the ordin:ice be y
Keyser �' /I/A
Knight
Lee ` .
Mr. Chairman - - - d
AN ORDINANCE
Result
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT,
OPERATE AND MAINTAIN AN ADDITIONAL STANDARD GAUGE RAILROAD SPUR TRACK
OVER AND ACROSS FIFTH WEST STREET BETWEEN SIXTH AND SEVENTH SOUTH
STREETS IN SALT LAKE CITY, UTAH.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION I. 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 an additional standard
gauge railroad spur track over and across Fifth West Street between
Sixth and Seventh South Streets in Sail Lake City, Utah, the center
line of said spur track being more particularly described as follows:
Beginning at a point on the center line of the present track
of The Denver and Rio Grande Cestern Railroad Company between
Sixth and Seventh South Streets on what was formerly the west
half of Fifth Test Street, 7 feet west from the monument line
of Fifth West Street and"326 feet north from the monument line
c� of Seventh South Street; thence southeasterly intersecting the
24 center line of Fifth West Street at a point 262 feet north from
the monument line of Seventh South Street; thence continuing
southeasterly on a 35 degree curve to the left 116 feet, more
or less, to the east line of Fifth West Street, intersecting
said last mentioned street line at a point 170 feet north of
said monument line of Seventh South Street; all as shown in
yellow on the attached blue 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:
(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 the 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. 24
(b) Mhenever said street where said track is constructed
II
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shall. ho paved, rcsurfaccd or rcnLired, the sa,d Tartan, I.La nue-
. cessars and a:7:fli7::, shall pavu, laeC.urfacc ot: rearix betwecn the
raite and for a space of two (C) feet outside of each rgil with
• the same kind of material used on the said street, or with such
• other material as may be approved hy the tcrnrd of Com.alasioners,
land e11 I.loc., shall be lald upon a ca).c.crte barc of such thickness
I
an shall be directed by thc F,J ":0(1 of crT1:1ssievers.
(c) CaiC track shall be 7ald and the road op,arated sni ras
to cause ro annecasary impediraent to .;ha a,:)r ..an arf •- .D: zery use
of said strect upon which it is laid.
(d) bait Lake City re.serves the rlatit to regniThte and
control the sped of all trains, oniahes and aars narrated. Iv tits
::rantee, its suectssors and ar.n-algr.: upon said track:.
(a) If, 1n putting in said track, said htee shall ro-
: MOVE or in any m.anner interfere with the pavement, sidowbaks, curbs
or gutters an said street, it shall rerleee such sa,ua:a:nt wllb the
saale ar with such other msterial as stiall be ordered lay the P,aard
of CommissiotIcirs arid shall rcplace such sidewalk: und such carts
• and gratters tc) the satisfaction nr the Foard of CommissioneTs and
shall Cu construct the g'WtI.cr. thst they will sIto free cassac
• of watcT and to the satisfaction of the Board of Cenn1nsioners.
(f) bold grantee shall put in and. ilalistain such cross
1 ings over said. trash as shall from tame to to: he required by
the Board of Coamlissioncrs.
(z) flood and sufficient condhits to convey watur shall.
he laid and maintained in good condition at the e.:;.")ensa of said
tree ten in all ,::L„LL-2 ,,:ltchra crsasad by said track CO cs to admit
of frac sassase of watcr,
;.77CTION. 5. uthin in thin; giant shall be so construed 1
an to 2reverit flalt Take City or its aunoris.ed aNnts, or confrac:L_
I ors, or person: or corporations to eham a franchise may have been
Or stay hereafter be granted, from 2aving, sewerin , 1 c,',as ..1.s
aator mains, pipes or cadaita, alterinz, rapairinL; cv ln
I
manner improving mid street. . a
CECTION d. 'laid sraatce herein, it: :ucceas,Irs and .S:--
.
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sihs, shall, and by tbo acoeote.,oe.2 Of 'she nriviloL;L:f and f!tail-
chlon Yinrol-1. caoted, and lh Cs '.ratin of tilt camlo. does bir,r4
iLoelf, ito cuotcrorc ood t,ecizns: u2oo ltc oocootorou cS tiLb3
frurobiso, L) 2UV-C cald (71'4 harm-Loco from all cuitc,
dcr,tohrls and jndLomci,to vthots-Jevcr, 7',J(other lu MT- or in oalty, '
it shall. be Lnnlorted, foubd ar ,:',:iZ,7ed L Lini. norcor --nato3-
oe,oint said. city for iury- or damos to abutLia oroherLy,
1 1. lojaroc. or otThorto4co. by' r cf tioo Zro'fi,-,1t-t7
franchisc, or by ftf, n0.fl of Ltio c.s-.nctruction cr oporuti3c! cf ', J,71,7
11. ooy the amount Jr ahy- jtOaortt, dJborminotion or odirctich4
,ob'ell in oily cult ur :creo,tdainE,s "14. 1). Jr choll be found ozoittet
:aid r,alt Lake City; provided, hoo7,rJr, that coiol ,.00ntoe, Its ;-3-Lle-
coceoors and. oci,,,ne, shall boar, hod notieu Jf ahy sue'r ouito, oaf
an opportualty tofthd t‘co camo n.1-0 ",aicl Zrarit;fe3, its
succ0corc ond acolc, 2holl app.eor ii. eel dofJod oli octioob
brouoz,Iii, o!-2aLoet fl.olt L&ke City f,.)r c.ry Injury or dumao Icy. rsocoa
of the con-rstrm'6111, 000ratioo (Jr _inirtenonct: cf r,1:, 2 sui,
;TPCTI9w, 5. ' hie ' n- hisc is 'Ye ntod sor -tl,c horiccl of
L7cray-fivo years from anc_ after Lac poccozo of thic ordihuntoc,;
provided, howevar, that if for a. perisd of nipo corL:ccuti7o cionth:•
dnrtniz, the lilt of Liii:.; fll., .,:lilFfl flL:.13. :- 2ui: L:ra,.' lo nJt. abod -s,Jr
1 die norpJces NJ Mich thin fr .nc lc 2trohtod, or la? the.,:, Is
a. cJbotahLial abohdJment cf the 'coo cf sa!_cl _pire Li'aM Ni: L.LI'd
• flotrioefl, said fi-achico. :'doll ta 7old,:b1r at the 'c;)tlor of the
i Loord of Comtlis.Jionors; ohd if sJ ,-)14 1,4 Lil
ol.,.:-_,norc, co'd c,iur trak choll ithi.h thirty- doy-c LI::_.17uUr be
1 removed and the 2treet rbotorod ',.0 a conditioh uniform ,.Ita tae
1 bolbe of caid streot with ,2C1:CC.t, tO ,:;7.7 ,10, m,,,ttrio'c ona con-
ctraotion, -r n ,r1 tu NC catifoctiJo uf Lic, n,,,Lra ,t--.c.,,,lialI,J,1,,,,, ,
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in Llic °vont of the fallur0 of paid railroad cna?any to rilic.)vn
CCII troc,lo and restore said otrGut upon. E". 311 LiCtiOL1 cnd ':LLt,-lin
said thirty days, the said '-::ork mpy be done b-y ::alt tube City ot
the exoense of the railroad. compony.
fll-TorION 6. Unlesc thi.z, grent and r.1711 thc t<3r1lis and con-
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; ditdons thcpc.of U. v.criLinz, hy Lhe 7-ate,
day Li !,f Uhl L;
WIlrtV "sc!..o.'" ^"!..,ou's/ucUt_:d
',Lc^ daLu ;L:LiCh srd-.11-1rosI nl and
SFCTION Yo In L'ac roinioI f Lho 3ard of Colqyli
noceory Lu thc psace, health and sLzrc'y of Lilo a'so
;":-.)1!-, Lake 1Ld, TJuJ, Uhu;L Uhis ordi-anos hc,-^o,fic ve
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Proof of Pnhttra#ton
chattel *totes of.tmeriru
STATE OF UTAH Ss.
COUNTY OF SALT LAKE
AN.ORDINANOis
._ .
An.ordinance granting to the'
Denver & Rio Grande Western
Railroad Company,its successors H. P. THOMPSON ,'LeY "e'•
and,assigns,the right/to,construct,
operate and maintain sit addi-
' tonal standard gauge railroad o do £y
spur West track over and
betweenaS xthFifth nd being first duly sworn,deposes and says,that he is tYu ,„A
Seventh South streets.in Salt Lake , �`�
City,Utah.
Be it ordained by the Board of of the SALT LAKE DAILY TRIBUNE, a newspaper published in
Commissioners of Salt Lake City,
•Utah:
Section 1. A franchise and
right of way is hereby granted to Salt Lake City, Salt Lake County, State of Utah.
the Denver&Rio Grande West.
ern Railroad Company, its suc-
cessore and.assigns,to construct, That the Notice AN_ORDINANCE.-.
operate and maintain an addi-.
tional standard gauge railroad
spur track over and across Fifth
, West street between Sixth and DENVER..&. 1O..GRANDE_WESTEHN."R...R. CO.
Seventh South streets in Salt Lake
City,Utah,the center line of said
spur track being more particu-
larly SALT_-LAKE--CII`-Y-"CDRFIIR-AT-IIJI�?.
described as follows: -
Beginning at a point on the
center line of the present track
of the Denver & Rio Grande
Western Railroad Company be.
tween Sixth and Seventh South
• streets on what was formerly of which a copy is hereto attached,was first published in said news-
the west half of Fifth West
street,-7 feet west from the
monument line of Fifth West 1st
street and 328 feet north from paper in its issue dated the
the monument line of Seventh
South street; thence south.
easterly Intersecting the center May , 193 g
line of Fifth West street at a day of
point 282 feet north from the,
monument line of Seventh South
street;thence continuing south- and was published in each daily issue of said newspaper, on
easterly on a 35 degree curve to
the left 118 feet,more or'leg, May 1St. for
' to the east lint of Fifth West , -
street, intersecting said "last
mentioned Street line at a point
lie feet north of said rnonu• thereafter,the full period of One insertion
silent line of Seventh South
street; all as shown in yellow
on the attached blueprint which
is hereby made a part of this the last publication thereof
ordinance.
Section 8. During the term of
this franchise the grantee shell be
subject to the following condi- being in the issue dated the_ 1St day of
tions:
(a) That said track shall be May ,A.D.193 5
laid upon end conform to the
grade of said street and shall at
all times be maintained by the "t
grantee to conform to the grade J,
Of said Street and,If the Said grade
is afterward changed by ens.
Hance of the Board of City Coin.
missioners, the grantee shall, at grid
its own expense,change the ale.1 to before me this day of
vatioa of the track so as to cop.
form to the same,': ,._-,
said 'Whenever
s constructedthan be _Nay-..,A.D.193....5.
paved, its
.
said grantee,
rahrassier pv resurface
repair between the rails-and for-
a space Of tied,C2l_feet.-outae._. Notary Public.
of each rail with theism*,kind
of material used on the said street,
or with such other material as
may be approved by the Beard of
Commissioners,and all ties shall
be laid upon a concrete base of
such thickness as shall be directed
by the Hoard 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 Mitt Advertising fee $
street upon which it Is laid.
(d) Salt Lake City reserves the
right to regulate end tentrdl the
speed of all trains, engines and
ears operated by the grantee,its
succesaora and aeaigne upon Mid
track.
(e) If,in putting in said track,
said grantee shell remove dr in
any manner interf4OSwith the
pavement,sidewalks,curbs or gut-
ters on said street,it shall replace
such pavement with the same or
with such other material as shall
be ordered by the Board of Cem- -Section 8. 'Anis Stanosus. 5e-
missioners and shall replace such greeted for the per! o S*JR''
•laideWalks and such curbs end gut- 'five'pears from and
�'ters to the satisfaction of the sage of Shia ordinance pr�A
—oard of Commissioners and shall however, that if for a period of,
construct the gutters that they nine consecutive months during,.
}ill allow free passage of water the life of this franchise said spur
u,nd to the-satisfaction of the track Is not used for the purposes
board of Commlesionera. for which this franchise is grant-
(f) Said grantee shall put in ed, or if there 1a a 'substantial._
Ind maintain such crossings over l abandonment of the use of-eeid
ald track as shall from time to i spur track for said purposes,said`
tine be required by the Board of' franchise shall be voidable et the'
ommiasioners, option of the Board of Commis •
-
(g) Good and sufficient eon• stoners;and,If so ordered by the
duns to convey water shall be laid- Board of Commissioners;said spur.:
and maintained in good condition - track shall within thirty days
at the expense of said grantee in thereafter be removed and the:
all water ditches crossed by said street restored to a condition tint.,
track so as to admit of free pas• form with the balance of said
sage of water. street with respect to grade,inn-,_
Section 8, Nothing in this grant tennis and construction, and to,
shall be so construed as to prevent. the satisfaction of the Board of
Salt Lake City or Its authorised Commissioners,In the avant of the
agents,or contractors,or persons failure of Bald railroad company
or corporations to whom a Iran- to remove said track and restore
chlse may have been or may here- said street upon such action and
after be granted from paving,saw., within said thirty days, the said
Bring,laying gas or water mains, work may be done by Salt Lake-'
pipes or conduits,eltering,repair. City at the expense of the ran,•
Ing or In any manner improving road company,
said street. Section b.Unless this grant and'
Section 4. Said grantee herein, all the terms and conditions there,•
its successors and assigns shall, of shall be accepted, in writing,
and by the acceptance of the privi- by the grantee herein within thin,
loges and franchise herein grant,-- ty days after the taking effect of
ed, and,In -eonsideretion_of.the this ordinance, and unless Stich
same,does bind itself,-.its surges., track be constructed within one
stirs and assigns,upon its accept-, year from the date of such pas•:,
ance of this franchise, tp save• sage,then this ordinance shall be
said city harmless from all suits, null and void.
'claims, demands and judgments Section 1. In the opinion Of the'
whatsoever,whether in law or In Board of Commissioners,it is nee
equity, which shall be asserted,; essary to the peace, health and'
found or rendered in any manner safety of-the inhabitants of Salt
whatsoever,agalnet maid city for, Lake City, Utah, that his ordi-"
Injury or damage to abutting- Hance become effective Muted'.,
property, personal injuries or ately.
otherwise;by reason of the grant- Section 8. This ordinance shall
lag of this franchise,or by reason, take effect upon its publication.
of the construction or operation of, Passed by the Board of Corn.;.,
said spur track, and that the, missioners of Salt Lake City,Utah,,
.,grantee herein, its succesaors this 30th day of April,1995.
•' -and a se t g n a, will pay the` LOUIS MARCUS,Mayor. •
amount of any judgment, deter. (Seal) ETHEL MACAONAL17."
r_. inatlon or adjudication which' , , City.Recorder:: '
., In any suit or proceedings may be- Bill.No.'34.. .-
/.Or shall be found against said' Published May 1,IOU,
y;'a alt Lake City; provided, how,
,._eer, that said grantee, its sus
esao�s� and saslgnsf Shoji have had.,.
. .• 'e•'bL-any snob;suits, end,an
pportunity to appear and defend
a same and said grantee,Its sue--
ore and ram us shall appear;
and delen, actions val..
einst Solt.- ±_7 _,
;.cy or'dam ,n eII�.
-.onstructfon, r or*jU. f.
-. inane*of a; mak:--•
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