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Home My WebLink About26 of 1959 - Granting to the Denver & Rio Grande Western Railroad Co., its Succerssors & Assigns, a franchise and - - Aec.103 50 I-58 Q.P. v -_---- — ------- ROLL CALL ' Salt Lake City,Utah, April 21, 795.9 VOTING Aye Nay I move that the Ordinance be passed. Burbidge . , V / Christensen . . Geurts . . . . r _ ��-- -= . Romney . . � Commissioner\ of Stree sand POI-I.-lie Mr.Chairr�tan . i��. Improvements Result . . . . 1 a6 1 ACCEPTANCE ACCEPTANCE OF AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A CONNECTION FROM AN EXIST- ING STANDARD GAUGE RAILROAD TRACK IN THE EAST SIDE OF FOURTH WEST STREET TO AN EXISTING STANDARD GAUGE RAILROAD TRACK IN EIGHTH SOUTH STREET IN SALT LAKE CITY, UTAH. WHEREAS, the Board of Commissioners of Salt Lake City, State of Utah, on the 21st day of April, 1959, passed an Ordinance entitled as above; and WHEREAS, it is provided in Section 8 thereof that said Ordinance will take effect upon its publication; and WHEREAS, said Ordinance was published on the 24th day of April, 1959; and WHEREAS, it is provided in Section 6 of said Ordinance that said Ordinance and all of the terms and conditions thereof shall be accepted in writing by the grantee within thirty days of the effective date of said Ordinance; NOW, THEREFORE, said grantee, The Denver and Rio Grande Western Railroad Company hereby accepts said Ordinance, Franchise and Grant and all of the terms and conditions thereof this 25th day of April, 1959. THE DENVER AND RIO GRANDE WESTERN RAI R MPANY By �4„ H. J. R. g • Executive Representative STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) On the 25.11, day of April, 1959, personally appeared before me H. J. RIGGERT, who being by me duly sworn did say that he is an Executive Representative of the said The Denver and Rio Grande Western Railroad Company, a corporation, and that in his capacity as such Executive Representative he executed the foregoing Acceptance for and on behalf of said corporation. Notary Public Residing in Salt Lake City, Utah My Commission Expires: April 16, 1961 26 ORDIN-ANCE AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A CONNECTION FROM AN EXISTING STANDARD GAUGE RAILROAD TRACK IN THE EAST SIDE OF FOURTH WEST STREET INTO .AN EXISTING STANDARD GAUGE RAILROAD TRACK IN EIGHTH 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, its successors and assigns, to construct, operate and maintain a connection from an existing standard gauge railroad track in the east side of Fourth West Street into an existing standard gauge railroad track in Eighth South Street in Salt Lake City, Utah, the center line of said spur track being more particularly described as follows: Beginning in the easterly track of The Salt Lake City Union Depot and Railroad Company in Fourth West Street at a point approximately 116.3 feet north from the north line produced of Eighth South Street and approxi- mately 59 feet west from the east line of Fourth West Street; thence in a southeasterly direction in Fourth West Street through a switch and turnout on a thirty degree curve to the left approximately 41 feet; thence continuing southeasterly on a thirty-six degree curve to the left approximately 214.7 feet to a point in an existing Denver and Rio Grande Western Railroad Company track, 105 feet east of the east line produced of Fourth West and approximately 64 feet south from the north line of Eighth South Street. The location of the center line of the proposed connection is graphically shown in yellow upon the attached print. 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 ordinances 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. 26 (b) Whenever said street where said track is con- structed 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 said Board 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 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 tracks. (e) If, in putting in said track, 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 ordered by said Board of Commissioners and shall replace such sidewalks o e t and such curbs and gutters to the satisfaction of •ric v • said Board of Commissioners and shall so construct the gutters that they will allow the free passage r b +)a] of water and be to the satisfaction of said Board 3 of Commissioners. 7•'IC0c s x y ON (f) Said grantee shall put in and maintain such oca 0 crossings over said tracks as shall from time to ,o . x time be required by said Board of Commissioners. al •.4.) u9 AoO o (g) Good and sufficient conduits to convey water •ri+',•• • shall be laid and maintained in good condition at o a a the expense of said grantee in all water ditches " ry a crossed by said track so as to admit the free bnr"n passage of water. Section 3. Nothing in this grant shall be so con- strued 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, lay- ing sewer lines, 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 -2- franchise 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, demands and judgments whatsoever, whether in law or in equity, which shall be asserted, found or rendered in any manner whatever 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 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 suit or 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 injuryor damage by reason of the construction, operation or maintenance of said track. Section 5. This franchise is granted for the period of fifty (50) years from and after the passage of this ordinance; provided, however, that if for a period of nine (9) 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 said Board of Commissioners; and if so ordered by said Board of Commissioners, said track shall within thirty (30) 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 satis- faction of said Board of Commissioners. In the event of die failure of said grantee 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 grantee. Section 6. Unless this grant and all the terms and conditions 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 (1) year from the date of such passage, then this ordinance shall ibe null and void. Section 7. In the opinion of said Board of Commis- sioners, it is necessary to the peace, health and safety of the inhabitants of Salt Lake City, Utah, that this ordinance become effective immediately. Section 8. This ordinance shall take effect upon -3- its publication. Passed b .tlip Board of Commiss oners of Salt Lake City, Utah, this wipe day of pc. , 1959. ( S E A L ) CI •►"� Bill No. 26 of 1959 Published April 24th, 1959 -4- a fq t cj L JO I ! I aJQ F o V ■ a6, .207 ,r _,, F w q� �� w i � "' ` I E i 1t o II • I cI b VmQal' "31I I 4js STO 11 RA YAR D UTAH BARREL °J &COOPERAGE CO. • lk 'ir: — .-.I Li--, 1 oi,ay L.Hw l NIo la 2 ❑la ElofI ' I' f MO MAR I` .' 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CoN . t. 'R TT _� 0 r • Ease. 6,}l i' ~• O c A'3/3 4 • Q si 5 /O MI C M00 I I. 1 .2.6 Affidavit of Publication STATE OF UTAH, County of Salt Lake ss. D. P, . Ockey Being first duly sworn, deposes and says that he is legal advertising clerk of the DESERET NEWS AND SALT LAKE TELE- GRAM, a daily (except Sunday) newspaper printed in the Eng- lish language with general circulation in Utah, and published in Salt Lake City, Salt Lake County, in the State of Utah. That the legal notice of which a copy is attached hereto Salt Lake City Bill No. 26 of 1959, An Ordinance Granting a right of way to D & R G Western RR Co. was published in said newspaper on Apr 24. 1959 Legal Advertising Clerk Subscri ed and sworn to before me this day of A.D. 19 April 59 27th zl L1 �.- Notary Public My Col emission Expires i Nov. 25, 1961. • NI 26 duns]tooconv y au%rm hell be laid and maintained a good coo- Legal Notices • [Mien at a f Sid grantee v said track so clay ditchesmit the AN ORDINANCEC GRANTING f Seion 3e N ctothing nto this grant TO THE DENVER AND RIO ehaR he o trued a to re- GRANDE WESTERN RAILROAD e t Salt Lake Clty or its auti,or- COMPANY, ITS SUCCESSORS iced agents,or contractors.or per- sonsAND ASSIGNS,THE RIGHT TO corprations to whom a ' CONSTRUCT. OPERATE AND, ranchisemayshave been ormap MAINTAIN A CONNECTION hereafter e granted, from pay- FROM AN EXISTING STANDARD• tog,laying sewer lines,laying X GAUGE RAILROAD 'TRACK IN orwater mains,Piers or conduits THE EAST SIDE OF FOURTH atering,repairing.or in any man- WEST STREET INTO AN EXIST- n Improving d street. ING STAND GAUGE RAIL- Semen o,Said gaaantee herein I ROAD TRAC IN EIGHTH Its t s r d aligns, shah SOUTH S'TREE �IN SALT LANE d tar the aced lance of the privy- CITY,UTAH, and and franchise herein granted, • HE IT ORDAINED BY THE d 1n consideration bind f the same, BOARD OF COMMISSIONERS• doe s hereby bind itself, its s ' OF SALT LAKE.CITY,UTAH: c Lance of this franchise,upset to ac- Svctlon 1 A franchise and right Cite harmless from all sults Deer is hereby granted to The claims.demands and judgments vcr d Rio Grande uWeste s whatsoever, Nether In lw In an ll[astl C^MpaeDn its quality,which hall be asserted, 1 Igns,to construct,onerale found o antlered i, Y ens maintain a connection Dorn r manner an rack.standard }souse 1- whatever against said City for Foad xtrack Sn the e t sloe E Lr0urr or damage Ito abutting urth West Street Into oars otherinise,by reason1of the,scant-tog Eighth tl gauge railroad Salt o g of this franc ,or byou reason South Street Salt of te construction operation L kea CEtyp Utah.the enter line (s id track and that them tee f id tack acing Dartfculatly described ray tr more herein, a ccesso its d assigns, •. Be The Salt R Load City Union Sloan which any suit o o ceed- e tand Railroad Ca point n y pe o hall be found thulh est Street at point ap to said Salt Lake City:oxi north 118.3 feet}north Eroof aFains grantee, e th line p educed [ laded,however,that said grantee, EiLth South R.,eet and Pproxi- its have had successors aond f assigns,:shall lineof Fo feet Fourth West Street:thence oils and n opportunity ato mod In theastere direction said and lee defend the s arid Fo th aall/Salt o st Str t througgh m s r successor witch and t and de. urnout lhirto Send sllshall actlonsnpneou¢ht th n�t g a to the]eft a proxy Salt Lake C+!>r Soap a ai theasterly 1 facto thence nnnvh,g damage by o of-theif co s u a tI 111 tax de- struoct+on, reason or mainte- miee c to on left proxi- e f said track. t 1 214,7 feet to a Ina h nose Section a5. This franchise 4�sfatinn Denver d R10 Grande Led toe the Period f flits West Railroad Cthe•east track,. (50t ear £anti and after the ' Produced feet t et Ihe' t line producot f Fourth West and n• passage f this ordinance: nx. northfl tear 84 feet south from an- vided. however. that if for a tin I+ne of Elehth Soren Street. period f nine (e e consecutive The location e of the a ter line I months of t life of this of thepromised connection la franchise Id sourtrack is not the attelhed clnnin Yellow aeon ed for the D maces for which the iris ails is a tea. f( Section 2, Buh g the term t there substantial arfoan- this Section `e ggtt nfee hall ant of tither use of said spur track b subiect to th followOg AV 1 for d es. said franchise ditions: ahallsbe oe Co at the o Lion.f rat That said track Shall be' s Id Hoard Cormnissione and laid (d u000n d c fbrm to the; -f so ordered by o Id Board f de f e Idn street and shall Commisioners. "d track hall 11 limes be arintainea by they (thin thirty fall days there all to c}}form to the grade 1 atter b removed e vednd ndonhe:offer et of, to street. d-if id grade with the balance of said street is afterwardchanged by dl of the oard of City Corn- with r ect to•erode, materials 15stonersr the granee shall, t •. and construction d to te sails- ,.ItsOwn expense,change the ell,. faction ofsaid Board f Com- tlon of thesntrack so es to con- loners. n the event of the form to the am failure of said grantee said -.e o lb)Whenever s id street here said track and store d street. id track i constructed shall be of a h a Lion a d within said ye d resurfaced a renal,'ed, thirty fad)dabYs. thearid y as said sIIVear,its successors end be done o Salt Laee City eerair hale nave, r surface oa at She onexpense. f the is gran. repair between the e runs for a Section nless this arc t and of two t2 feet outside of n the terms be er0 n„writ- space e f rail wilt n s ma kind f Incnereofshalt a eel Led in on material such 0 the hate street, Obtby 01 es o e Ling orm y e suro on a o a effect E30)is days after the taking .be pea by nil,Board f effect s this ordinance.and - be laid sl p ors and re ties shall l i such track r constructedte such thickness ns concrete directed ' of Usuch one passage. then from.the said Hoard of Commissioners. ce hall be null ndee ill. and 1 Saidaneackr shall soe•zslaidd naSection 7. I the void of to said Hoard f Commissioners, "t o cause no unnecessary nnecea impedimentaryoir isnecessary to the peace.health 1 ae f the tahabtOils t to old street up which it use goal Lake City. Utah. that this laftl. ordinance become effective im- fdl Salt Lake Cite real ve the m diately, eight to regulate d reioos,the Section 8.This ordinance hall Geed of all trains, engines d take effect is ublieation, cars operated b c the grantee,its Passed by the Hoard of Commis c loners f Salt Lake City Utah. tmekssor and glens. n Bald thjs 21• s<dar f Aar11.1859 fe)it.win putting in raid Lreck, AN..F.STEWART ahly manner hall ere° r 1n ffIs IAN J.HOGENSEN vor a walkserae Leh the (Sea:) Cd Of tordec ant,sidewalks.curbs �gut- ters Mid .street, -t shall AIR No,26 f l Cu, Place such t with the published Anril 24,1958, EPA earnswith pavemotherent material all b ordered y -d Board of CCCtommissioners and shalt replace and gsi e,'satos the and tisfactionrhf hId Roerd et Commissioners tl tail so construct the gutters that hey illoallow the free passage tforiolf rsaidd Board ate Co - ston "f'stoners, said kesgran teees halt nu t in and maintain such crossings meiandtmartlu redh sad➢crd to tme of Com-'ssioners. -26