26 of 1940 - Granting franchise to Denver and Rio Grande Western Railroad Company et al, spur track upon 4th West RC — . ......„
VOTING AYE NAY Salt LaIce City,Utah, June 5 19340
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AN ORDINANCE
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD
COMPANY AND WILSON McCARTHY AND HENRY SWAN AS TRUSTEES OF THE
PROPERTY OF SAID RAILROAD COMPANY, THEIR SUCCESSORS AND ASSIGNS, •
THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAIL-
ROAD SPUR TRACK OVER AND UPON FOURTH WEST STREET NEAR THE INTER-
SECTION OF SAID FOURTH WEST STREET AND FOURTH 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 Denver and Rio Grande Western Railroad Company and. Wilson
McCarthy and Henry Swan as Trustees of the property of said Rail-
road Company in reorganization proceedings, and their and. each
of their successors and assigns, to construct, operate and main-
tain a standard gauge railroad spur track over and upon Fourth
West Street near the intersection of Fourth West Street and
Fourth South Street in Salt Lake City, Utah, the center line of
said. spur track being more particularly described as follows:
Beginning at a point 10 feet South of the South line
of said Fourth South Street and 59 feet East of the
West line of said Fourth West Street and running
thence Southwesterly on a thirty degree curve to the
right 150 feet to a point on the West line of said
Fourth West Street 148 feet more or less South of said.
South line of said Fourth South Street, all as shown
in yellow on the attached blue print which is hereby
referred to and 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 con-
form 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 eleva-
tion of the track so as to conform to the same.
(b) Whenever said street where said track is
constructed shall be paved, resurfaced or repaired,
the said grantee, its successors and assigns, 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 the Board of Commissioners.
(c) Said track shall be laid and the road operated
so as to cause no unnecessary impediment to the com-
mon 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 track.
- 1
(e) If, in putting in said track said grantee
shall remove or in any manner interfere with the pave-
ment, 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 Board
of Commissioners and shall replace such sidewalks and
such curbs and gutters to the satisfaction of the Board
of Commissioners and shall so construct the gutters
that they will allow free passage of water and he to
the satisfaction of the Board of Commissioners.
(f) Said grantee shall put in and maintain such
crossings over said track as shall from time to time
be required by the 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 cross-
ed by said track so as to admit of 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 contract-
ors, 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 hereb: 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 or in equity, which shall
be asserted, found or rendered in any manner whatsoever against
said City for injury or damage to abutting property, personal in-
juries 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 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 such suits, and an op-
portunity 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
fifty (50) years from and after the passage of this ordinance; pro-:,
vided, however, that if for a period of nine 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 the
Board of Commissioners; and if so ordered by the Board of Commis-
sions, said spur track shall within thirty days thereafter be re-
moved and the street restored to a condition uniform with the bal-
ance of said street with respect to grade, materials and construc-
tion, and to the satisfaction of the Board of Commissioners. In
the event of the failure of said Railroad Company 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 Railroad Company.
- 2 -
Section 6. Unless this grant and all the terms and con-
ditions 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 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 necessary to the peace, health and safety of the inhabitants,
:of Salt Lake City, Utah, that this ordinance become effective im-
mediately.
Section 6.' This ordinance shall take effect upon its
,publication.
PLseed by.the Board of Commissioners or Salt Lake City,
Utah, this 5th day of Jima ,. f940.
Te4porary;l iei rnX
Ci t P{ecorder
Bill No.
Published , 1940.
- 3 -
cn y, av
Affidavit of Publication
STATE OF UTAH,
County of Salt Lake
SN ORDINANCE
e!CN COICDISIANCE GRANTING TO THE'
,I)ENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY AND WILSON Mc- Lea Young
EARTHY AND HENRY SWAN AS
TRUSTEES OP THE PROPERTY OP
SAID RAILROAD COMPANY, THEIR. Being first duly sworn,deposes and says that he is the ad
-
SUCCESSORS AND ASSIGNS T HE RIGHT
TO CONSTRUCT, OPERATE AND MAIN-
TAIN A STANDARD GAUGE RAILROAD vertising clerk of THE DESERET NEWS,a newspaper
SPUR TRACK OYER AND UPON FOURTH
WEST STREET NEAR THE INTERSEC-
TION OP SAID FOURTH WEST STREET
AND FOURTH SOUTH STREET IN SALT
LAKE CITY, UTAH. published in Salt Lake City,Salt Lake County,in the State
RE IT ORDAINED BY THE BOARD OF
COMMISSIONERS O'SALT LAKE CITY, of Utah.
UTAH:
Section IAIranchise and right of we,
is herdby granted to The Denver and Rio
Grande Western Railroad Company and That the advertisement ordimanoo Bill No. 26 -
Wilson McCarthy and Henry Swan as
Trustees DE the property of said Rail, •
road Company in reorganisation pro-
ceedings,and their and each of their sue-
...Re lating..ta..Spur..Tra.ak;cesrm and'assigns, to eonstruct,operate
I tour track 00Cr .arVolflgrineldt
Street near the'intersection of Fourth
'West' Street and Fourth South Street in & 4th 15est - (Snit Lake City Corp.)...
;Salt Lake City. Utah. the rooter line of
Call spur track being more particularly
'described as follows:
Beginning at a point 10 feet South of
the South line of said Fourth South
'Street and 59 feet East of the West
line of henc said Fourth West Street and run. •.ning te Southwesterly on a thirty de-
gree curve to the right 150 feet to was published in said newspaper, in ifs issue dated, the
•point on the West line of said Fourth
1,West Street 148 feet more or less South
of said South line a said Four th S outhA.D. 19.40...
.Street.all as shown in yellow'on the'at- 6th day of June
fulled blue print which is hei•eby 'refer-
red to and made a part of this ordinance.
'Section 2.During the term of this frau-
hlse'the grantee shall be subject to the and was published 1 tine
fonowim;
(a)That said track shall be laid 11,3011
and conform to the grade of said street
th and shall ee at to f
all times be inaintained th bY the last publication thereof being in the issue dated the
; e grant conorm to e grade of
said street,and if said grade is afterward
changed by ordinance of the Board of
City Conamissieners,the grantee, shall,at day of
itB own expellee, change the elevation of
the track firl as to conorm to the same.
Oa) Whenever said street where said
track is constructed shalfl be paved.romr-
faced or repaired, the said grantee, its
sucoessors and assigns, shall pave, ream-. Ad tising Clerk.
face or repair between the rails and for.
a space of two (2) feet outside of each
rail with the same kind of material need
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 thick.
Voss.as shall be directed by tile Board of
Ceinmissioners.
(c) Said track shall be laid and the
road operated so as to cause no unneces• .8th clay of
sary impediment to the common and or- before me this
dinary use of said street upon which It
is laid.
(d)Salt Lake City crscrn'rd the right
In regulate and control the sneed of all
.trains, engines and cars operated by the
grantee. its successors and assigns, upon
'said track.
: (e)If, in putting in said track said
grantee shall remove or in any manner
interfere with the pavement,,sidewalks. --
curbs or guttdrs on said strt, it shall
replace such pavement with t e same or
ublic.
with such other material-as shall be'or.
dered by the Board of Commissioners and
shall replace such sidewalks and suCh
cuibs and gutters to the satisfaction of
the Board of Commissioners and shall so
construct the gutters that they will allow
free passage of water and be to the sails.
faction of the Board of Commissioners.
(I) Said grantee shall put in and maim
lain such eressings over said track as
small from time to time be required.by
the Board of Commissioners.
(g) Good and sufficient•conduits to
convey water shall be laid and maintained
in epee condition at the-mencr of egthl
Greatgreater in all water ditches engaged Sr
er
track so se to admit of tree pat'
sags of water.
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Section 3, Nothing in this grant shalt
bet
rooco construed
lasrlseprevent Salt Lake
9gents,-or eon•
tractors, or persons-or eoaporations to
Whom a franchish Inny have been or may
hereafter be granted, from paving, sew-
ering, laying gas'or water mains, pipes
s
or conduits, altering,repairing, or in any
sectimproving said street,
ion 4. Said grantee herein, its suc-
cessor
and assigns, shall and by the
heaee oaf! vileges in and franchise
same, does and hereby bind itself, .its
successorsame d assigns, upon is t-
anco ofthis franchise,to save saids City
harmless from all suits, claims, demands
laandd judgments whatsoever, whether in
or renderedh i shall y be as-
serted, found
whatsoever against esaid City"for injury or
damage to abutting property,personal.in.
juries or otherwise, by reasonof the
granting of this franchise, orby reason
of the construction oroperation of id
iour track and n that the grantee herein,
u en signs, will pay the
6 o of any judgment, determination
or amount
which in any suit or
Proceeding may be or shall be fonnd•
Bainat said Salt Lake City; Provided,
however, that said antee, its
s and assigns, shall have had snotice
of anysuch nulls, and an.opportunity
to appear e d defends th s and said
rantee, its o and same.
shall
appear in and del end all actions brought
against Salt Lake City for any injury
or
damage by reason of the natruetion,
operation or maietenance of said spur
hack.
Section 5.This franchise is granted for
the period-pf fifty-(50) years from and
after the passage of this ordinance: per.
vided, however,that if for a period of
nine consecutive months during the life
of franchise said spur track is not
used for the Purposes for which thie
franchise is granted,or if there is a ebb.
stantial abandonment of the use of said
spur track for said purposes, said fran-
cl se shall be voidable at the option of
the Board of commissioners and if so
orderedBoard
by the of Commissioners,
said spur track shall within thirty days
thereafter be removed and the street re.
stored to a condition uniform with the
balance of said street with respect to
grade, materials and construction, and to
the satisfaction of the Board of missioners,In the event of the failure of
said RailroadCompany to remove
said
track and restore said street t such
action and within id thirty 130)days.
the said work n y be done by Salt Lake
City at the expense of the Railroad Com-
pany.
Section 6. Unless this grant and aft
the terms and conditions thereof shall be
cepted,in writing. by the grantee here-
inwlthin thirty (391 days after-thetab.
ins effect of this ordinance, and unless
e tech track be constructed within ono
tear Sm ro the dateof such passage then
his Section .ordinance 7n sthel e i nion o null fthe and void.Board
of Commissioners,it is necessary to the
health and safety of the inhabi-
tants of Salt Lake City, Utah, that this
ordinance become effective immediately.
Section 8.This ordinance shall take et.
feet upon it, publication.
Passed by the Board of Commissioners
of Salt Lake City, Utah, this 5th day of
June, 1940,
- TemporaryH Chairman.
•
ETHEL MACDONALD,
• (SEAL) , City Recorder,
Bill-No. 36.
Published duos 6th,1949
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