29 of 1958 - Granting to Denver & Rio Grande Western Railroad Company a franchise to construct, operate and maint 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 STANDARD-GAUGE
RAILROAD SPUR 'TRACK OVER AND ACROSS FOURTH WEST STREET BETWEEN
MONTAQUE AVENUE AND FAYETTE AVENUE AND OVER AND ACROSS FAYE`l'TE
AVENUE BETWEEN THIRD WEST STREET AND FOURTH WEST STREET, SALT
LAKE CITY, UTAH.
WHEREAS, the Board of Commissioners of Salt Lake City,
State of Utah, on the 13th day of May, 1958, passed an Ordinance
entitled as above; and
WHEREAS, it is provided in Section 8 thereof, that
said Ordinance shall take effect upon its publication, and
WHEREAS, said Ordinance was published on the 16th day
of May, 1958; and
WHEREAS, it is provided in Section 6 of said Ordinance
that said Ordinance and all the terms and conditions thereof
shall be accepted in writing by the grantee within thirty (30)
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 /6
day of May, 1958.
THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY
By / �V
H. J. •gas
Executive Representative
STATE OF UTAH
• ss.
COUNTY OF SALT LAKE )
On the day of May, 1958, 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 at Salt Lake City, Utah
My�Co�mmission Expires:
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'q. - W' Lt.",
.
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{ // {per 1 -
G P f l
. FOZT H 4 - '==-�..t WEST STREET
6."
tLclb I '--1 - . _. . ,..
The Denver &Rio Grande dlestern,R. R. J
w � �� Salt Lake City, Utah. • `
f - a [ die, is �
��. �b$ Additional Track � j1
..,t ^�,�' �. 1 4 Fe' I proposed to be constructed by
4>, -. }�u J. B. Pepper Enterprises
,�1�y\ _ to serve Viorehouse Area. _/
I
t '�E �,..' .�a . t Scale 1" - 100�
I / 4- Salt Lake Cite. April 1),, 1958.
+ �i$ SAG �I
5
,
a CO
F. .
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ROLL CALL Salt Lake City,Utah,. . ..\. , 195.
VOTING Aye Nay
I move that the Ordinance be passed.
Burbidge . .
Christensen .
G rftf��)
eurts .
Romney . . .
`/
Mr.Chairman AN ORDINANCE
O ;j
Result . . . .
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 ACROSS
FOURTH WEST STREET BETWEEN MONTAGUE AVENUE AND FAYETTE AVENUE AND OVER
AND ACROSS FAYETTE AVENUE BETWEEN THIRD WEST STREET AND FOURTH WEST 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 its successors and assigns to construct, operate and
maintain a standard-gauge railroad spur trac16ver and across
Fourth West Street between Montague Avenue and Fayette
Avenue and over and across Fayette Avenue between Third
West Street and Fourth West Street in Salt Lake City, Utah,
the center line of said spur track being more particularly
✓described as follows: Beginning in an existing spur track.
in Block 4, Fountain Place Sub-Division approximately 50
feet west from the west line of Fourth West Street and
505 Feet south from the south line of Ninth South.Street
and extending in an easterly direction through a turnout
to the right about 50 feet to the west line of Fourth
West Street; thence continuing in an easterly direction
over and across Fourth West Street 66 feet to the east
line of said Fourth West Street and thence continuing
southeasterly on private property in Block 2, Brooklyn
Sub-Division on a 30 degree curve to the right to the.
north line of Fayette Avenue at a point about 110 feet
east from the east line of Fourth west Street and thence
extending over and across Fayette Avenue in a southeasterly
direction on a 30 degree curve to the right73 feet to the
south line of Fayette Avenue at a point 139 feet east from
the east line of Fourth West Street.
The locations where said track crosses Fourth West Street
and where it crosses Fayette Avenue are graphically
shown in yellow upon the attached print, which is hereby
made a part of this ordinance.
Section 2. During the terms 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 streets and shall at all times be
maintained by the grantee to conform to the grade of
said streets, and if said grades are afterwards 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.
(b) Whenever said streets where said track is con-
structed shall be paved, resurfaced or repaired, the said
grantee, its successors and assigns(shall pave, resurface
r
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 streets, or with such other material as
may be approved by the Board of Commissioners, and all ties shall
be laid on a concrete base of such thickness as shall be
directed by said Board of Commissioners.
(c) Said track shal 1 be laid and the road operated
so as to cause no unnecessary impediments to the common
and ordinary use of said streets 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, said grantee
shall remove or in any manner interfere with the pave-
ment, sidewalks, curbs or gutters on said streets, it
shall replace said pavement with the same or with some
other material as shall be ordered by said Board of
Commissioners and shall replace such sidewalks and such
curbs and gutters to the satisfaction of 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 and maintained in good condition at the
expense of said grantee in all water ditches crossed by
said track so as to admit free passage.
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, laying sewer, gas or water mains,
pipes or conduits, altering, repairing or in any manner
improving said street.
Section t . 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 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, thich shall be
asserted, filed 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 pro-
ceeding may or shall be found against said Salt Lake City;
-2-
provided, however, that said grantee, its successors and
assigns shall have notice of any such suits and an oppor-
tunity to appear and defend the same; and said grantee,
its successors and assigns shall appear 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.
Section 5. This franchise is granted for the
period of fifty (50) years frem 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 streets with respect to grade,
materials and construction and to,the satisfaction of
said Board of Commissioners. In the event of the fail-
ure of said grantee to remove said track and restore
said streets, upon such action and within said thirty
(30) days, the said work may be ddne by Salt L8 e City
at the expense of the grantee.
Section 6. Un]a ss 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 shall be constructed within one (1) year from
the date of such passage, then this ordinance shall
be null and void.
Section 7. 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 immediately.
Section 8. This ordinance shall take effect
upon its publication.
Passed by the Board of Commissioners of Salt Lake
City, Utah, this 13th day of May , 19;" 2
r �
L 2
y ell
Bill No. �9 of 1958 ( S E L )
Published May 16th , 1958
.3.
Affidavit of Publication
STATE OF UTAH,
as.
County of Salt Lake
Legal Notices D. M. Ockey
1 AN ClIMMANGLNIING
I A iA NA'7GNiTSTirI U 1 Sot$, ,,eing first(hilly rruyorn, deposes and Says that,he�iis legal
II AO g,Syr.6 o[tll[tA1Px ANll clerk of the 1)L T RE NL y y S ANI) S111,1 LAKI l ET,R-
1NAI THIN A TAN llA RD GRAM,7 f/ ) / er r r
Fg-
Wnitl i M AGUI:A yVENuc i Ili.\'11 languagea[with. general pt IC circulation U in,LT tub.aper printed
ili in
UViR Aci�Vy AC1SS ba YGGT]L' i Lai"
C' C T r C T Utah.
A V I:N(rL )l l:�WEEN ATHIRD sah'La.C' City'
`Jail/�(1P(' I,OCUlty, in the State of V tall.
t'S2 l01 Sfi' AND ' AWL
1VF,S'P SI'H]�:E'C IN Sill,'LAISN'
C'1'Cc.UTAH.
il -t(,,tained by tho na„d n I That the legal notice of which a copy is attached hereto
lCom that nets of seat LatcficltY,
I Ibhel dt5he Salt Lake City Bill NO. 29 of 1958,
t
ooeutto and l t t t,
tstaltae,t at/ stack d I An Ordinance Granting to the D & R 0 W
b 'ob1 '1 th t7
o'1 SI el
,Ii7e,tio_Avant,'and aver oho,ef RR Co, a Right of hay to construct a
TA I' We tit St A.t ;nil I r;h ..._______._..._.
[It.I,,tltccccntc'lnct f sl fd c,t',i,
tract( beim: `l '.
use„he„ non =11.,,1,,1>:: spur track•
114`7et��t n:in„on b'l��no,'4i<
the
went.,t luten Net west of Foot. West
Sttoell and 505 Feet south ftom.
the south line ot No tit Soolh
St i I tou t el hIn
d' t.
0
itout maivel'Ii s WLls piibhshed in said newspaper on May 16, 195d
tochtlon�t t Ir
W t Spec ib I l'�..th] th.
,:111d tl Scluthrast
i t
degree cut,Io the ln toif11 I,( of Fayette Ave t,••l,'
j�{�
ti 1 It30 t�::ht3 mt
Slice: . thence extending ootf( ( (
C/G�S loud, s Fayette A en d r c
,,tt Clerk
c
:'to the soL,,i,liitel hr 1,Rhtt e:l Aeet east i Legal Aduerticing Cleric ///JJJ
th t 1 f e Fourth N i /
Sl CTo/Lot
Ch 1 :; h .ail C ek'
.1 wha y ti'o,.lso W..St' S' ( and
a F.rYcttn eA Venue)
1 hi-illy .vbo,`n I.a'eliow
1!e,5lat.tr tonneucho att.nf. via e is'
1, ff ott chls Dural,
thetr o•
16th day of
Sublil
d t h I r n-foe rite this - --..
I !I 1 o9I t_I I I finale s o Iorm t 11 tl ell
[ ,II 8
1 I11 ,i.Tl, 19
,1o_ 1 t, itt tfo id er ctdr !1 JJ
1 :nil I c t y 1,
.,I l the fi Cy Coin ,
t , th t.. .sh-
,,ne ] e tl ttl
t fhih 1 1 to co
I NI
nett!i Is t t t 1 it I at
be'toye t
sool I I
Ii Notary Public
Ih ti
e t ',Clot',tine'
(LI t t o1
I I wait 1
t a The ' rill
,, h,
l I I I
.11 n 1 L, i
I1 A I ... l hsl t,d A. .cl l l
A4)
art ss-all hr Ilri•=
and fit o road , rated so as to
di-
nit o tFonomine`',rn id nos
which
it
is laid
sinth(l
Hai.,t. 1La isk train,
r at cadnv d ern einYeeo l>mb dmtcd by the grantee,
e.
cots
n
si
r., and.r„I..ns vuon �.la
track.It.'n nutting i said hock.
,raid s
grantee
ed r II ar interfere with v in
eat, si ld ISO n'bs
rut an said ,i it sha',1
replant) said s•.:,M1,, the
with pavement
said
n ial
"I n L tl l d Boar,
et
lfiro such sidewalks to and ac
noosioners and Awl, re-
curbs and g the catisfac I to ch
it s of said gutters
of estrus asiih
and shall
s e really[ the
gutters that they avid allow hoe I
oC water and be
the satisfaction of d Beard of
Cor
f IIT in ie nter shall not
and maintain
a i viols ca,id hoe, fra r 0 to
time be t�� red by idIIoard
of ommisona
fh1 god and sutl:cloct con
-
duits tcc r'wate shall be
laid::nil maintained In g
l the•llexuense. oft aid
stbtco al all water ditches
crossed by n said track .so as to
ndttft ire'PSo`e.
Section:o co construed
in thrt glint
=h;d1 be s nstCity as to ple
tho• ri'<ecirlt Lahe a de se, r coldrart or ors,�n
(unisonscations to swhon franchise have t'bee
may bcreofics be ,nted, Irons
paving,Lavine s water
Ondu is.allneind.
ur,IIIISOIOS Ilion nit.,
d•o conduits.
winonantea nor
hercit,
its odd shod
and Idi,il by successors
cecttchscen`'hcicin
antcd,s let a consideration it
the r does In
bind_itself.
its and signs,
its a otance cot this franchise
arol
lito save said t ahoy ii,rows fro;
whatsoever,„bother
oc judgments
ell rla el.drie�lll bw
n.fini wh ale vctrla lst card c
'lit I.lt ri'I
1.1
o1i I
nlheof rtob Irandil isc of'he L Ivoit
rz llr<. trct:n,r
• rill i and ClatI the g
herein,its Sena nr[of d fissions.
t
will d io 'Judo
t h sh:Ulheufound esltl
htou aid„Solar f.al:c Clv: vidcS11,12d!
nw . th au tea,hovel)
sent and.sc sass hall hnon .
to w0ftr fio such suits
and adefenti'l
theand said gr'a-tee, Its o
d avid., fholl a —
suocessh„ts and
dete Gd all notions
Ibronght against Salt Lake CITY
(for iniury orcnatnnt f the
crcosruccin,,o».acI.Tli ['
Sectis This to,rehire is
tryon for fhc A n liltY
Ol te �
ri ce o tl I hl nl[ a
n�nthr dar'inwe el life of l thisl1f
franchise said sour track IS ,
used (or the POSPOSI, nor which 1
the
s a
Inrgranted
c
tt btloIIa�i
fnocr1dtetna,1 nadst :1n0del
ClHas 'Soslnotlon
ofalV
.n oI.l
within Willy
ed Illr (,(bnfca
r i'n dil tf
• Ih hat hataiwc of
slh
• I ro t od L 1 c-I•
s'iodors, ha,the Crc of I 1.le
e t
d tsi h a Lion Fund[within said
III,it to 1.101 da.vs, tltc said wools
v bt done by Sall L0'.:r City n
'lbc l
OC[ner 6• t Uso amen.
Serion . Jnlrc,.iftis r� inl and
nil the�e ditio:�s lhele-
nr be oed
by slihr� anterr l llsct'eth faking(
king i
effect of hat after the trla ito-I
ie t ordilshah and t -
fife,. ,n
streffect
tril hack II) hi cone
ur1,1 sw of shah whir fr
dote of mite tact
ottlie..necs soap•be,null err
void.
o l
B Soctiao R.In the of said•
Boa, of Commission,.
o to eiss lc s hit is
ealth
nl trf t h
tl l til OI,ol s n
ti:dl I�ire Tilt,rtof,c hat thin ,
drdin.nee become eL[ective unit.
tatrly
- n ft. non m'dlpubli shun
laso�t�ftect r mrbtica tine.
red " the Ro:n'd I Cnm
Sc .ale Cc5
'U!5,h,11: 1 iIS d:, t.r: nag.
A(1IF.t.1•.1 STFtM ayan -
iVt:rs'ar.
ITERNIAN :. tICG F.NS':.N,
EQCC.
City f;cc�rdcr.
BIII No_29 of 00I
Published htaY 11ith.,1808 (B-31)
a9