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32 of 1940 - Granting franchise to Denver and Rio Grande Western Railroad Company et al, for spur track upon Simp VOTING I AYE NAY `� Salt Lake City,Utah, July 23 194 3 Goggin 1 I move that the ordinance be,:5asse i. Keyser Matheson - - - I Murdoch ) Mr.Chairman - J Result I 3z r v l� PD II 1 • i'/ I �,3" d , oz9 I • Cr ��. 1._ _-- J3yN '. a _ / iaa 1 v M . .�'` ;.' :a _. .W.a s P/ir„" j tl- 0 M . 't V av � j G''I P •0 / / r -'/i Gy a p IN Vy •,9C ve- ° orva • v . ry� d ° e ems �,. NI/ e � i . � Kr f'���% 0 •� . � _ ¢ / o � - Wn� F`0 .( Os<—dJJ e 334 4 � H �� � d.� -- � 3aos �4'y / % � �p�Uf , w-+'' ;� h j na4t � r; •�� a r „, :•w�•/ 3. .1. .%� J°,!7' I _ �•I i .I1 .O,`! ',Av. ail`) • �///,f�4 ki N u ' p t - :I ` k rCxenl �l II a< /" `�° ri• I,'k . q _ _� - \,J o. 2, h1��. pi I? Vy f�:? '^ �� h d\„_,. h0 I ASN TON " y_ i ti N vl /� I _ / J � Q. ik SA-Nitta,CO. �.. 4 , c I "o. _� 'F'c£ 5A NIT VA1.LEY emi C6 1jo �''\y, , ` o �[; (Y1 I ., _.._.._ 4 .2.7 _� t? a � �'� /io I c Ec m /05 __-4.. •._. ' ' a�,r.- •-- „ .,41.4,.t."Eovsi ,SST • i _ , v. , . ^: . 1/./.f.dr.,..,,r_4;61.5 .... S' .t 5 74, •,. ,....-------------,-;-',-.'t .1 -_-.-._r_ ,. 8. A, /0/7: /.� ,•X:ei ca G v i h ° : D. & R. G. W. R.H. T l .sa t7 ,1,a,• I', b I cv ;proposed -track crossing Siskpscn o+c+a•'a Beq nIbFngW Uc,rdSpurr % Ayes, at l block Sury 46, 10 acre nlut t I �z, 7� I of Bib field Survey, located in / 4 frg2ri:.,use iielt _e pit• Utuh. . +xr diaK;=z-.►a i } - 4 -xly o, 1A0 • Sct le l'-100 k' a3. AN ORDINANCE AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAIL- ROAD 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 RAILROAD SPUR TRACK AT GRADE OVER AND UPON SIMPSON AVENUE BETWEEN HIGHLAND DRIVE AND ELEVENTH EAST 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 Railroad Company in reorganization proceedings, and their and each of their successors and assigns, to construct, operate and maintain a standard gauge railroad spur track at grade over and upon Simpson Avenue between Highland Drive and Eleventh East Street in Salt Lake City, Utah, said new spur track being lo- cated in Lot 7, Block 46, 10 Acre Plat A, Big Field Survey, in the Northeast quarter of Section 20, Township 1 South, Range 1 East, Salt Lake Base and Meridian, Salt Lake County, Utah. Said new spur track takes off from said Railroad Company's Wilford Brick Spur. The center line of said new spur track is more particularly described as follows: Beginning at a point on the Wilford Brick Spur Track of The Denver and Rio Grande Western Railroad 66 feet. more or less South and 175 feet more or less East of the Northwest corner of said Lot 7, on the North line of Simpson Avenue; thence on a turnout to the right off said Wilford Brick Spur Track on a curve with a radius of 461.12 feet 61 feet southerly; thence con- tinuing southerly on tangent to said curve 5 feet to the South line of said Simpson Avenue, 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. - 1 - (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. (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 be 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 con- tractors, or persons or corporations to whom a franchise may have been or may hereafter be granted, from paving, severing, laying gas or water mains, pipes or conduits, altering, repair- ing, 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 fran- chise herein granted, and in consideration of the same, does hereby bind itself, its successors and assigns, upon its accept- ance 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 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 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 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 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 - 2 - • 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 ,Wjr,",t7;ptlye expense of the Railroad Company. ,- Section 6:o Unless 'this grant and all the terms and con- d; tions thereof shill be accepted, in writing, by the grantee h0 s�.n within thirty (30) d4ys after the ta�1kcing.effect of this + : dinance, and unlesa such track be constrdcted'within one year ch iif m the date of su passage then this•or inance shall be null �� d void. ' . ,. .ram'.; ,. Section 7 ;in the opinion of the toard of Commissioners, ji t L3t is necessary to t1e peade, health and safejty of the inhabitants Hof Salt Lake City,sU a 4h that this ordinance''become effective im- ,,mediately. Section 8. This ordinance shall take effeQt upon its publication. 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' `.::.i.,-..",., •!._ s ' -nil 9V.1 j!"):::::1' 1 '''3.-,11,;!..' ;_crAttr.1:-...•f C :3 1.27t,4.:.,-;j ,...,;, ,-;, .;;;; ,.-r ,,:_il L,,,.,, 2 -,?. 3 -.:5 ka_±.-:,)-, ,_,) •-,i'v:.-F-- ,) -i-rrr a --,. i c:_,•[,'-(D,,,,,, ort,s°,.. ..• la .b ,','E= e.?,..7...1111R00 q.0 )'..-')c.T , .0 -LI: ' -- , ..,‘ :!!! 5!' ! •••,1!,11- ,- !!- : -5._:.:,:"."0.)0 T -!,z!"1-!...! -- . .. , ----- : • Affidavit of Publication STATE OF UTAH, County of Salt Lake 11 °' Legol'NOfice.-_' , Lao 1-1..-Young AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN Being first duly sworn,deposes and says that he is the ad- RAILROAD COMPANY AND WILSON MC- TEES OS AND HENRY SWAN As TRUE- vertising clerk of THE DESERET NEWS, a newspaper TEES O -RAILROAD THE PROPERTY OF SAID COMPANY, THEIR SUCCES- _.SO AND ASSIGNS, THE RIGHT TO )CONSTRUCT. TRUCT,OPERATE AND MAINTAIN r•1 published in Salt Lake City,Salt Lake County,in the State TRACK AT GRADE T STANDARD GAUGE RAILROAD AND UPON D SPUN SIMPSON AVENUE BETWEEN HIGH) LAND.DRIVE AND ELEVENTH EAST of Utah. t STREET IN SALT LAKE CITY;UTAH. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OS SALT LAKE CITY, UTAH) 1.A Hamill.and right of r That the advertisement Ordinance.Dill-No._32 - - 1il hereby granted to The Denver Sad Rio 'Grande McCarthy Railroad dlHenry Swann es True- Da & RA and GA W. R. R spur track over Simpson tees of the property of said Railroad Com-1 Granting • ♦ Jt-. i -puny t organization proceedings, and weir and cons of thole nan re and; & Eleventh East grade a and Upon Simpaon Avenue be-' tween Highland Drive and Eleventh East Street m salt Lake-located Utah, 7.ia new aCityCorp,) City Recorder. 6, Acre being t A,Big Lot r y,in (Salt Lake C'_ C Spur 10 thea Plat A,Btg Field Survey, the Northeast Sleuth, rt Raus of Season l TLuke - ship 1 S uM Meridian, 1 East, Salt Lake Utah,and d new`sipur traclk takes eft t om was published in said newspaper, in its issue dated, the - id Railroad Company's Wiltord.• Brick mild The parnter line-of gibed spur. A.D. 19 AR_ ,tl•sCk.ia-mqr®partiodlarlr described as ml25th day of July r.1 Begimdne 4 a point on the Wilford! Belch Spur Track af The Denver and' Rio Grande Western Railroad II rent more leas South's d 175 feet m lasel..tims and was published 7. T the Northwest corner of said Lot 7,on the North line 1 igSimpson Avenue: tM ce a lurnou4 Lo the rret off said lladiu Brlek Spur'frank o cury with safes :,el.1d font el gent southerly) the last publication thereof being in the issue dated the thence continuing southerly on tangent to saidcurve 5 feet Lu the South line of A.D. 19 said meon Avenue, all as shown in' this ordinance.pn the e4annea ine mint wmen 1, day Of ia hereby referred to and made a Dart of thisonB.Da 1v/ S con B.Darting the term 1 this fran- hi a the grantee shall be subject to the s°la) That conditions: A ertising Clerk.la) That said track shall be'laid upon , and,conform to 11 times grade of said heel and grantee at all Ln be maintainedor thb aunt, to conformoldto the grade 'd street,and it said grade la afterward hanged by ordinance of the Board of City .Com 000r000,, the grantee shall, at its own• expense,change the elevation of the track anas to conform to the a y. J /k henever d -treat waye Bald m..rew 26th day of surfaceed constructed, the be said ecentea, its`'nncessere and arraigns) hall pave,re- to before me this - - urface or repair betwu@e the rails and for a,Macs of two II) feet outside of h rail with the same kind ofmaterial' A.D. 1944-.. used on the said street,o with such other ' material ay be or by the oard f Corniest°neya, d all{lea Chao be laid upon concrete b t each • tf C ess a el hrl4l,b directed by th;Boa d i _—- • E 1 Bald)truck hall be Id,,lied-the y txfd�_ Altg qq N W.--At Aqq-uhyy g- -'hae9 fmped41 ei.La reet common ch.i o \\ Nota y ublic. y e 4f said Street uDo wMcll 1t!r', yetiatte eI efa Ytaa ll.iYtTtltog't Ital s aada'etlhtgrepa acti g. ht .tredne. g ' da,a dp •. oDeretad y,t Bald jrack. � a trfe ea ills She remove or to any manner.in orrtere with n e.Davemeet,adewalke,enrba • gv ters aremen said AIMel,rt•oral Pipes such.Dmaterial 1s shall'be or with such the Boardtot Commitealoperaed - rmare such•aitl wealke d and sbhs g oft ti to,Lb defection Sol Jim Strad the nmmiaspe.ra and;hall free gutters fwater it_)at tbey he sat" Section ofgtherBoa d shalland be grantee put to and mamtan a ,",r " v aid Gran. hell AV;Lime to to to 0 Ved by the Board f Comniient ra .Ire Semi,ands ul[el Mid candillmi to conmain- tained i water shall Io latd and expense Of d.graptep in al rvster.ditknn a➢ease ed by said track s as to'-admit t"'feeae. ➢Section 3.w,'Nothing 1n this t shall b a construed s to prevent Salt Lake ran er co its persons authorized agents. or con- tractors, porationacmto whoms'a of franchise may have bd. ma .hereafter' begranted, 'from Pho- tos,eewcrins,laying an or water mainsr lI+{P conduits, altering, repairing, o Sectiopnt4.n Saidi grantee herein its sir eesaot�s and assigns, hall and by the hCie➢tanca of e.privilgges and franchise erein grated, and in consideration f the Game, does hereby bind itself, I s ese ra and ne, VDFn itsa c pt- af this fro n tin en toe id City ancml from all uite, elalms. then ins and judgments whatsoever, whether found o rlaw or eultyedwhich shall be manner erred what- soever agealnat said City in any njuryb et ay. personal intnrlee ortherwlee, by reason of the or itiegconstruction of this anehiee, or by operation of card sour track and hat the grantee herein,-', am ante of ranynd Judgment rdetermination' or amount which in any snit or proceeding may be or shall be toned against said SaltL City:however. that said grantee, lin slimes- maad assigns. shalt have had'notice of any such suite, and an opportunity •to appear and defend the same, and said grantee, its a tccessors and asafgns. chats appear in and defend en actions brought against Salt Lake City for sap injury or damage by reason of the con - struction, operation or maintenance of said Sectin spur 8.rnThis franchise In granted for the period of fifty (90) years from and after the easeare Of thin ordinance: pro- gilded, however, that if for a period of nine c cutive months during the lice f his ntaq hive sand spur track 1s not ud%r for tha purposes for which this •-Mt hlsa-4e`-granted, or 'If-'here substantial abandonment of the use of said enur track for said purposes, said. franchise shall be voidable at the op- lion of the Board of Commissioners: and. if so ordered by the Board of Commis- sioners,said spur track shall within thirty days thereafter be removed and the street restored to a condition uniform with the balance of said street with respect to t o theatiefction of the posed•of grade, materials s ' • Com- iaaionera. hi the event of the failure of said Railroad Company to r soldll track and restore said street i each remove, action and within said thirty (301 days, the said work may be done by Salt Lake City at the expense of the Railroad Coca- liany. Section O. Unless thin grant and all the terms and conditions thereof shall .be in cepteda writing, by the grantee herein within thirty (30) days after the taking effect of this rdinanceW d e lee such track be mnetrueted within o -Ziff f m the date of uoa Dosage men • .hall en ea and void. Section'Con 0. In the opinionnecessary of the to tee of C, healthasae It in t the Pence, falt and City, Uof tah,the atht is o dinats nce Sbecoekeffective immediately. feelSoeti➢nn 8.te This ordinance tshall take et. Faesed be the Bdard of Commissioners of Salt.Lake City. Utah. this 23d day of• Jule,I900. JOHN B. MATHESON, Temporary Chairman. ETBEL M�ACCDOopIALD, City Reeurder. 111002„fib 29th. 199M1•a. 3.? � I tJ Q• • 3 o