HomeMy WebLinkAbout26 of 1952 - Denver & Rio Grande Western Railroad Company a franchise for the right to construct and operate spu MAY 15 1952
ROLL CALL ' Salt Lake City,Utah, 195
VOTING Aye Nay.
I nove that the ordinance he passed.
Burbidge . . ✓
Christensen . .
I
Lingenfelter . . .
-
Romney . . �'
AN ORDINANCE
Mr.Chairman . _.
Result 11
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO
CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR
TRACK OVER AND ALONG THE WEST SIDE OF WASHINGTON STREET BETWEEN A
POINT APPROXIMATELY 12 FEET SOUTH OF THE SOUTH LINE OF FOURTEENTH
SOUTH STREET AND THE SOUTH LINE OF CALIFORNIA AVENUE, AND THE FURTHER
RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN AN UNLOADING PLATFORM IN
WASHINGTON STREET AT THE NORTHERLY END OF SAID SPUR TRACK, SUCH UN-
LOADING PLATFORM TO BE LOCATED BETWEEN THE END OF SAID SPUR TRACK
AND THE SOUTH LINE OF CALIFORNIA AVENUE 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 its succes-
sors and assigns, to
(a) Construct, operate and maintain a standard railroad spur
track over and along the west side of Washington Street between a point
approximately 12 feet south of the south line of Fourteenth South
Street and the south line of California Avenue in Salt Lake City, Utah,
the center line of said spur track being more particularly described
as follows:
Beginning in the west line of Washington Street at a point
about 12 feet south from the south line of Fourteenth South Street;
thence in a northerly direction on a curve to the left with radius
of 181.40 feet about 73.5 feet to a point 15 feet east from the
west line of Washington Street, the tangent to said curve bearing
approximately North 23° 321 East; thence North in Washington
Street, parallel with and distant 15 feet east from the west line
of said street, about 468 feet to a point 40 feet south from the
south line of California Avenue.
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(b) Construct, operate and maintain an unloading plat-
form in Washington Street at the northerly end of the above describ-
ed spur track, said unloading platform to be located between the
end of the above described spur track and the south line of Califor-
nia Avenue.
The location of the center line of said track and the
said unloading platform is graphically shown in yellow upon 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:
(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 said
grade is afterward changed by ordinance of the Board of City Com-
missioners, the grantee shall, at its own expense, change the ele-
vation 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 suc-
cessors 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 said Board of Commissioners.
(o) Said track and platform shall be laid and the road
operated so as to cause no unnecessary impediment to the common and
ordiriany 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.
(e) If, in putting in said track and platform, said
grantee shall remove or in any manner interfere with the pavement,
sidewalks, curbs or gutters on said street, it shall replace such
pavement with the same or with such other material as shall be or-
-3-
dered by said Board of Commissioners and shall so construct the
gutters that they will allow the free passage of water and be to '
the satisfaction of said 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 said
Board of Commissioners.
(g) Good and sufficient conduits to convey water shall
be laid ana maintained in good condition at the expense of said
grantee in all water ditches crossed 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 contractors,
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 L . Said grantee herein, its successors and assigns,
shall ana by the acceptance of the privileges and franchises herein
granted, and in consideration of the same, does hereby bind itself,
its successors and assigns, upon its acceptance of this franchise,
to save said City harmless from all suits, claims, d emends and
judgments whatsoever, whether in law or in egzity, which shall be
asserted, found or rendered in any manner whatsoever against 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 track or platform --
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 an d
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 track or platform.
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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 dur-
ing 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 sub«
stanuial abandonment of the use of said spur track for said purposes,
said franchise shall be voidable at the option of said Board of
Commissioners; and if so ordered by said Board of Commissioners,
said track and platform shall within thirty (30) days thereafter
be removed and the street restored to a condition uniform with thej
balance of said street with respect to grade, materials and con-
struction and to the satisfaction of said Board of Commissioners.
In the event of the failure of said grantee to remove said track
and platform and restore said street upon such action and within
thirty (30) days, the said work may be done by Salt Lake City at
the expense of the grantee.
SECTION 6. If the location of said platform shall at ant
time substantially interfere with the use of said Washington Street
by the public, grantee, its successors and assigns, shall, on reason-
able notice, at its expense, remove the same, and said franchise,
insofar as it extends to the operation or maintenance of said plat-
form, shall terminate.
SECTION 7.. Unless this grant and all the terms and condi-
tions thereof shall be accepted, in writing byt he grantee herein
within thirty (30) days after the taxing 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 8, In the opinion of said 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 9. This ordinance shall take effect upon its
first publication.
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Passed by the Board of Commissioners of Salt La City,
UCah, this 4fj- day or
7vi� q M
_
City ecorder.
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The Denver & Rio Grande Western R.R.Co,
a Salt Lake City, Utah, '\
Track and Untording Platform
proposed to be constructed
in Washington Street.
yRI Scale 1" — 10C1 --._
•
S L.Ci.ty. 3 _2R-195%!.
Proof of ruhttration
3 nita Otero of.Amerira )
STATE OF UTAH ss.
COUNTY OF SALT LAKE
AAN ORDINANCE GRANTING TO
,DENVER AND RIO GRANDE WEST-
ERN RAILROAD COMPANY, ITS
SUCCESSORS AND ASSIGNS,THE
RIGHT TO CONSTRUCT,OPERATE
AND MAINTAIN A STANDARD
GAUGE RAILROAD SPUR TRACK Ruth Kfl5Sing
OVER AND ALONG THE WEST
BETWEEN WA SII rOOINTON
APPROXI-
MATELY 12 FEET SOUTH OF THE
SOUTH LINE OF FOURTEENTH
it Y Hoerr nEiconr°rIw}1nveDr oe being first duly sworn, deposes and says, that he is the Principal Clerk of
AND THE FURTHER RIGHT O
CONSTRUCT, OPERATE AND
MAINTAIN AN UNLOADING PLAT-
FORM THE" NORTHERLY"END toe THE SALT LAKE TELEGRAM, a newspaper published in Salt Lake City, Salt
SAID SPUR TRACK, SUCH UN.
LOADING PLATPORM TO BE LO-
CATED BETWEEN THE END OF
SAID SPUR 'TRACK AND TILE
SOUTH LINE OF CALIFORNIA Lake County,State of Utah.
AVENUE IN.SALT LAKE CITY,
UTAH,
UtBe sinearis fah by the Hoard of
salt Lake at>, That the Notice Art_Ortinnane.e - Bill-No. -26
SECTION 1. A franchise and
right of way is hereby granted to
The Denver and Rio Grande West.
n Railroad Company and its suc-
cessors
ern
Construct,assigns,rate and m
twine standard railroad spur track
and aiong the Wes{aside o£
Washington Street between a Point •
south line of Fourteenth
Fourteenth South
-
Street and the south line of Call.
fornia Avenue in Salt Lake City,
Utah.the renter line of.said spur
track being n particularly do.
ecribed as follows,
Beginning in the west line of •
Washington Street ate p oint about
12 feet south from the sodth line
off Fourteenth South Street,on thence of which a copy is hereto attached,was first published in said newspaper in its
to the left with radius of 181.40
feet about 73.5 feet to a rOlnt 15
feet east from the west ]me of 'I thy
Washington Street, the
th tagentteto I.SSue dated thesai lull
Northcaty de S,82 mlo.East:1001Cc
North a Washington Street, fro'in
th with and distant i feet east from
the Wert]me oI said street,about day of t 19.5
fro' to a point 40 feet ---._ 2'"',
rom thfeete south line of CallEornla
Avenue.
lb) Construct,operate and main.
Min n unloading at
oe northerly
in Wash-end and was published in each daily issue of said newspaper,on
atthe Street dt rr; nog purl,v end
of the above destined spur track,
acid unooding le and o to he re
ascr bed spur
the c f the above for
described
of Californian track south .....
The location of lire center line nI
said track and the said unloading
platform Is graphically shown in
Yellow
II1,021 the mattachde a dnaprint€ thereafter, the full period of 1 tirse
this ordinance.
SECTION 2, During the term of
n
this franchise the ay tee shall be
°°(a) Thattsaid following conditions:
the last publication thereof
and conform to the grade of
seiAn street and.shall et all times
be maintained Ira the grunter to
to the grade r ea id street,
conform said grade is re Board being in the issue dated the L�tkl.. day of
changed by Commissioners,
of the Board
of Gil"Commiasionera,the grantee
ahalL at its o change
the elevation wf tsanterack s
tn_rontotm to the ame. n as May A. D. 19 52.
Subscribed and sworn to before me this 19th.. day of
May 52
,A.D,19
Nntsry Public
My commission expires November 25,1,95,3
Advertising fee$
ot, wnenever:aid stlest where
said track is constructed shall be
paved,resurfaced or repaired, the
said grantee,its successors and as.
Signs, shall pave,resurface or re•
pair between the rails and far a
spare of two 42) feet outside of
each rail with the seine kind of
material used on the said street,
or with'such other material as may
be approved by the Board of Con.
1.'1As'','ZIs' ag,,cPA, so.h13
thickness as shall be directed by
said Board of Commissioners.
(c) Said track and platform shall
be laid and the road operated an
as to cause cc unnecessary impedi-
ment to the tamales and ordinary
use of said street upon which it is
(di 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
track,
(el If, In putting in said track
and platform,said grantee shall Ce-
cnith the
pent'ent,ms'iL'ojalkrLtcer=
or gutters on said street,it shall
replace such pavement with the
earns dr with such other material
as shalt be ordered by said Board
of Cmnmissioners and shall so con-
struret_the gutters that they will
Wiee tLet.%P:AIT0V Zi',1"13'ogg
It) Said drooler shalt put in and
maintain such crossings over said
bee"Aulell'll,ly tram
SteVi 01 hoof.
missloners.
lg) 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 track
so as to admit of(tee passage of
Water.
SECTION 3. Nothing in this grant
shall be so construed as to prevent
Salt Lake City cm its authorised
agents, or contractors, or persons
or corporations to whom a frail.
ehise may have been or may here.
'after ha granted,from paying,sew-
ering,laying gas or water mains.
pipes or conduits.altering,repair-
ing, or In any manner improving
sat'EW,1`.; •4. Saucteuantos herein,
its successors and assigns,shall and
by the acceptance of the privileges
and franchises herein granted,and
in consideration of the same,does
hereby bind itself, its successorS
and assigns,upon its acceptance of
this franchise, to save said City
harmless lien alLisuits,claims,de-
mands and Judgments whatsoever,
whether in law or in equity,which
shall be asserted,fouyid or rendered
in any manner wha,soever against
said City for initiry or damasd to
abutting property,personal intakes
or otherwise, by season of the
granting of this franchise, or by
reason of the construction or opera-
tion of said track or platform and
that the grantee herein, its sue.
cessors and assigns, will oar the
amount of any judgment,determina-
tion 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 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 track or
Platform.
SECTION 5.ni is franchise is
granted for the period of fifty(501
:.inshilr'ong'elig„This tligedP,"gt
if Once "N
c?n;'!'°:;:htih period
oi,nisnceise said spur track it
'1'st chtVis
if there is a substantial abandon.
of the use of said spur track
far said purposes, at ranchise_
grtr
lf so mussed by said Board of ainOsil
Lance of said'slreet with
Virti
o,Piaii‘'ugo.ui of Commissioners. In
the event of the failure or .,,n21
grantee to remove said ytt,seks,,.ee,
platform. and restage ...y
leit'":artrwoik'unZle
(dgedusNalteLake City at the ex-
en.of the grantee.
P SECTION B.If the location of sobsaid.
Ps ilmatlV matcrtsce ruthelat'll;:,icon
O said grap'tv'e•gtne its successors and
assigns,shall,on seasonable notLed
I
all thSlte'orns.and conditions,theceof
shall be accepted, the
o.,
"r"P eciecP of this
days after the nn. f rrttiric fein
sd.a.etem c,:ch passage,then.this
Ohs tiths
re.T1=.,';`1,o'ft.g°Vgi;.'7•:Ztyrg
rZ:Ycii)> 1r212,higiarn2ain2na22
"grcrer,,C2l'N_t.ininNrealbagn'e'2n211
take.e!fecta'upon its first publica.
tVasted by the•Beard of Commis.
sioners of Salt Lake City,Utah.this
15th day of May..52.
EARL J.GLA.,U,er
IFMA F.BNErrc..,,,,
*EAU
BILL NO.2e
Plablished May 5.9,1952,
c2 6