30 of 1943 - Franchise Granting to Denver and Rio Grande Western Railroad Company and Wilson McCarthy and Henry S of
ROLL CALL
VOTING I AYE I NAY Salt Lake City, Utah,.. Nov..._4.th 194._3
Gong;g t I move that the ordinance,be passed.
Keyser 11'
.4teidoekx McConkie
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Matheson
1
Mr. Chairman
Result
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30
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AN ORDINANCE
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAIL-
ROAD COMPANY AND NILSON McCARTHY AND HENRY SWAN AS TRUSTEES OF
THE PROPERTY OF SAID RAILROAD COMPANY, THEIR SUCCESSORS AND AS-
SIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD
GAUGE RAILROAD SPUR TRACK OVER AND ACROSS FOURTH WEST STREET BE-
TWEEN MONTAGUE AND FAYETTE AVENUES IN SALT LAKE CITY, UTAH.
BE IT ORDAINED BY THE BOARD OF COI6MISSIONERS 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 maintain
a standard gauge railroad spur track over and across Fourth West
Street between Montague and Fayette Avenues, the center line of
said spur track being located 480 feet plus south of the south
line of Ninth South Street in Salt Lake City, Utah, all as shown
in yellow on the attached 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 after-
ward changed by ordinance of the Board of City Com-
missioners, the grantee shall, at its own expense,
change the elevation 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 common and ordinary use of said street upon
which it is laid.
(d) Salt Lake City reserves the right to regu-
late 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
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 the Board
of Commissioners and shall replace such sidewalks
and such curbs and gutters to the satisfaction of the
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Board of Commissioners and shall so construct the
gutters that they will allow free passage of water
and be to the satisfaction of the Board of Commis-
sioners.
(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 condi-
tion 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 4. Said grantee herein, its successors and as-
signs, 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, de-
mands and judgments whatsoever, whether in law or in equity,
which shall be asserted, found or rendered in any manner whatso-
ever 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
spur track and that the grantee herein, its successors and as-
signs, 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 opportunity to appear and defend the same, and
said grantee, its successors and assigns, shall appear in and de-
fend 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;
provided, 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
Commissioners, said spur track shall within thirty days there-
after 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 satisfaction of the Board of Commis-
sioners. 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.
Section 6. Unless this grant and all the terms and con-
"z
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ditions thereof shall be accepted, in writing, by the grantee here-
in within thirty (30) days after the taking effect of this ordi-
nance, 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 B. This ordinance shall take effect upon its pub-
lication.
Passed by the Board of Commissioners of Salt Lake City,
Utah, this 4th day of S xNovember,_ 1943.
y'- jJ
W%flc Temporary Chairman
City Recorder
Bill No. 30
Published November dh , 1943.
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Affidavit of Publication
STATE OF UTAH,
County of Salt Lake
Legal Notice
AN uttlINANCE Leo H. Young
THE' t'hi NV ERN AD
WRAN ESTERN R10 TIGRNG
WESTERNRAILROAD COMPANY AND Being first duly sworn,deposes and says that he is the ad-
WII.,SO.N MrCAY.THY -AND IIE,,R1-SWAN AS TRUSTEES tit•THE PROPER
TY DE BA ID RAILROAD COMPANY, vertising clerk of THE DESERET NEWS,a newspaper
THEIR, S COESSORS AND ASSIGNS,
RIGHT SAhr:1 N CA]N SSTANDARDAPETpE ANDSTANDARD published in Salt Lake City,Salt Lake County,in the State
GA l'GE RA]AREA II SPDR TRAGIC
OVER AND ACROSS EOURTli WEST T
PARLET YETI'ERETWEEN A VENUES h1INS SAUTE AND LAKE. of`',tab.
(ITT, U'IAH-
Rh; TT RDA]NED EV THE, BOARD
C4' - ETA STONER) ON SALT LAKE
rrfl-. cmnx: That the advertisement
.Sertl op I.A fratwhi+r Anil right of way
is hereby piarsied Ip Ihr Lenrcr and [On
l Grande Western Railraart Company and
Wilson NoCerlh,• and Ron, Nwap ae _Ordi.nanae.-14 11-Na.. 0. TI-Le.-C & R.G.W. R.R.
Trustees of the property of paid Rail.
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road Company In reorganization prig
eeedipes• and their and oath of the'ir
+prceseore and ess'i e.gn In ronelrnrt,Open•
ale and maintain a atanda,d gauge rail. Co-._..rig t.-of--way---accos.F--E'�>lrt-t;----est--b.etwe-e-n
i"uad spur ttek n And access Fourth
Faie yette IFODr SIA.'r rot
nnrbetween renlert l nt> and
nf
raid ,111 being located n ]ref Montague ,& Fayette Avenue . S. L. C. Corp.
gl'rahs¢n Ili of she amrtlt line 0f Ninth
A I
es +howo i r a'
'low on the I
Mirth t techld
n 1 rg •,eby referred tp t d was published in said newspaper,in its issue dated, the
......a,dq ow, I 'Ma ordinance,
afrAnchise the D Atanleeh Mealtr be ae tem il blht 3
to he following conditions:
3th clay of November A.D. 194
fel That e sack+hall be laid poop
it mlforan alp the penile of a
aid sheet
shall I.all limos be n inlafned by
arid
Ender. t .mttnrpr ,o aIllr_ and was publishedof said pirerl, once
d soil grade is ape,.
I.ovhsid] d] r f tl Ad d commissioners, grantee
age he elevation
expense the last publication thereof being in the issue dated the
of the 4radi. ao a conform to
the o
ill, Whenever +aid street where. a,d 6th November A.D. 19 43
1 shaim/avert oi• repaired. all r d day O f
f t said gw.tre
il lappigns.V Il Il PIlie r-
I f L I feet t d.of L17 7 F——d_—L
t with h anal 'Cs--
each I Ili , shawl, �t;; Adve ialg Clerk.
n d •
b the.Board of o a web other malerial ag may
and a
ll
•lies of such]l h laid I.hteAOOIA,t boaro n shall he ereir e
directed by '
Ihr-Board of Commissioners. dE �
In) Said track shall he laid and th 110 e
rated o r lo mesa pefltrmetot r sac eo f-
And ,lt f °aidl hstreet aupon
mtis laid. •
nor 16th
Im cxD'r.aka oil,r a the rlgnt to before me this day Ot
to ',,,ate Id control llhe red of
5)(j I n1y uieing afn ngmea and cap, pneral d
` loon d,l ta,�t,reaapra and Nov.A. D. 1943
iol shall polling 'aid hack. said
laerfeoin wittlh thihme re or in rsidewaal ks•
shalle.on sald street.it
h d an+ shall /
ers d d shall the E e f c -.��., £w,r
H
and h r h a o er f eo I th s
iefaetion Ili Notary Public
. oard gutters/hart
f they abaft construct '
will allow free passage of Ater
and be„ the satisfaction o1 the Hoard
e1()
IIJ Said shall pat and
maintain
n e � said track
bell from lime to lime be required
by the Board of d liam latent. co.
fee(Mod and sal belevt and to
emu ey water shall be ]aid Inc-enMnsa i pod condition r expense
said ;maniac antra ahl at a
Ft he pa said in s m admit
of gentian
P of w
3rund hens ipel en grant shall
La.Ibe llyad a prevent Salt Lake
tM authorized persons corporations beeneon-
tractors,
whom boreal al Mr be
t hs have been n
mac n-. ay he g aed, ate Paving,
laying
nrP in aor orn oils improving
street.
inF said street.
nt�Snrtiorai�9 ansatdi grantee herein,
n'
and - shall and bd
the c Ill-t e of iante privileges and
Ira rehiE hei tad, and
itself,
Is at the sn e,dues hrgns. pan
s¢I n and nave assigns.o ea 1111 1 its arse. to e
.io f is and Mom all y ¢layman
whether slid udr in tile, which
de h rattily, which
shall he alnn a seeded
any assorted,
eteailar against said Inn
BM Injuryen
ra dmn eta Inabutting i p
personal otherwise, he
Of thrall rag of this `atom
'dr by a all the ¢ 'n eiod
thatn_p s an n e o dial track and
that 6h9'K herein, _
end eaal, determination ewav Ing a do tdetaa
wihack allytI ad/ding n.
be brlit proceeding
M o inte] ation snit
at. paid tsalt
taiga grapier,it rd, bo aid
its to and�a shall
nd
611 dMafl notice of a r art and
same an lY manner and defend
ls.
thenec a and said b nn ter, r
and' shah and
fatk=e alls actions broughtn ma Salo
e City for allyagainst
oe! the most/Tenon,spa, operation
o Seina ta of .aid ter trgra
se the eriod of a ll1 iseta e led
and the l period of fifty [hue shah from
anap att. passage howev . ordi-
tld6
pro
vided, however. Ihm4 If for
a. period of months
attre the life of t,I'd r'ita I en said
track used for this Imimhian is ant-
oft or tnif there r tabstaytial grant-
oft
aban-
donment of the i and said a art',
r
-ate anal francnnse khan
he toidable at the option of the Board
of Commissioners: and i ordered
by the Board of Comm isainnrrs, said
Rattle shalt within thirty dogs
1Fama l ter be rat and the. re t.
9atored t<li tl onunite/In with
the balance air aid street with respeet
le grade,nea Is and constriction and
lo e,th iefaction of the Hoard
of
t`om atssionera,In the event n I the ratl-
ine
f said Railroad
Coro
nary to
said tract:and t ba said
lines
n all antion and within said
ihitr nnl days,Incthe said vinyl:
v bn
dour e Salt Lake pa at the expense
of the Railroad eomIItta
Scte In a, I lniesi this grata. and all
e
the and conditions in. Ih¢r¢.ot shall he
r.➢led a tilelli by the
trnemn n hill wt thirty 130) dargrantee
a[r-r
the taking effect of this ordinaece, and
imams nyeb laser: he r to of tech wlth-
in n
;gear from the date of such n a
sage
ha
than this ordinance shall b¢ nl]
ull
d void.
eanioe 7. Li the 1,opinion of the
Bn aN (;peace, health
v Inns health and City.
Uft is ¢a.
the inhabitantsiordinance
Salt Lake feed,filch,
l hat this ortlinanee become effective ill).
ee Section
elY.
n¢timt n ra lr ordinance that) Ixl.e
of Imes nany a Beard oft.
Passed by the Board of C this
th day
Slit :Lake 13, Utah, this •tth day
of November, 1943.
8'RCD TEDEirm
Temporary Ohalrman.
e 5�•all I;'l AEL Tf Citt Recorder.
City RecordEr.
B;n Np. 30.
hbliahed November 11(h, 1841.
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Proof of Publication
OF
Attorney.
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