HomeMy WebLinkAbout35 of 1944 - Franchise Granting to the Oregon Short Line Railroad Company (Union Pacific Railroad Company lessee) {fit Ir�31344
VOTING Aye Nay Salt Lake City, Utah, , 194
Affleck I move that the ordinance be passed.
Matheson . . . L ( ) )
Romney _'<c e rz.-'
Tedesco '
Mr. Chairman . .
AN ORDINANCE
Result
AN ORDINANCE GRANTING TO THE OREGON SHORT LINE RAILROAD
COMPANY, (UNION PACIFIC RAILROAD COMPANY, LESSEE), ITS SUCCESSORS
AND ASSIGNS,the right to construct, operate and maintain a staid u
gauge railroad spur track over and across Second South Street, be-
tween Third West and Fourth West Streets, all in Salt Lake City,
Salt Lake County, Utah.
Be it ordained by the Board or Commissioners or Salt Lake
City, Utah:
SECTION 1. A franchise and right of way is hereby granted
to The Oregon Short Line Railroad Company, (Union Pacific Railroad
Company, Lessee) its successors and assigns, to construct, operate
and maintain a standard gauge railroad spur track over and across
Second South Street, between Third West and Fourth West Streets, in
Salt Lake City, Utah, the center lint of said spur track being mo,e
particularly described as follows:
Beginning at a point in the North line of Second Sv . li
Street which is Two Hundred (200) feet West from the Southeast
corner of Block Sixty-five (65), Plat "A", Salt Lake City
Survey; thence Southerly along a curve to the right having a
radius of Four Hundred forty-one and sixty-eight hundredths
(441.68) feet, for a distance of One Hundred Forty and five
tenths (140.5) feet to the South line of Second South Street,
which point is 182.5 feet measured Westerly along said South
line from the Northeast corner of Block Sixty-two (62), plat
"An, Salt Lake City Survey.
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 ail 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 Commis-
sioners, the grantee shall, at its own expense, change the elevation
-2-
of the track so as to conform to same.
(b) Whenever said street where said track is constructed
shallbbe 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 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 regulate and co -
trol 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 re-
move or in any manner interfere with the pavement, sidewalks, curb-
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 a d
gutters to the satisfaction of the Board of Commissioners and sha 1
so construct the gutters that they will allow free passage of wate
and be to the satisfaction of the Board of Commissioners.
(f) Said grantee shall put in and maintain such crossinvs
over said track as shall from time to time be required by the Boar.
of Commissioners.
(g) Good and sufficient conduits to convey water shall b=
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 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 ma
hereafter be granted, from paving, severing, laying gas or water
mains, pipes or conduits, altering, repairing or in any manner ie,-
-J-
proving said street. And the grantee shall at itu own expense sup
port the tracks while the city excavates under the tracks for the
laying of watermains, sewers, pipes or conduits, altering or re-
pairing the same.
SECTION 4. Said grantee herein, its successors and assig s,
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 judg-
ments whatsoever, whether in law or in equity, which shall be asse t-
ed, found or rendered in any manner whatsoever against said City f•r
injury or damage to abutting property, personal injuries or other-
wise, by reason of the granting of this franchise, or by reason of
the construction or operation oi' 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 snail 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 ap-
pear and defend the same, and said grantee, its successors and as-
signs, shall appear in and defend a-_l actions brought against Salt
ake City for any injury or damage by reason of the construction,
operation or maintenance of said spur tract..
SECTION 5. This franchise is granted for the period of
'ifty (50) years from and after the passage of this ordinance; pro-
ided, however, that if for a period of nine consecutive months
•urine; the life of this franchise said spur track is not used sor
he purposes for which this franchise is granted, or if there is a
•ubstantiai abandonment of the use of said spur track for said p-ur-
-oses, said franchise shall be voidable at the option of the hoard
f Commissioners; and if so ordered by the Board of Commissioners,
'aid spur track shall within thirty days thereafter be removed and
he street restored to a condition uniform with the balance of said
street with respect to grade, materials and construction, and to the
'r
-4-
satisfaction of the Board of Commissioners. In the event of cne
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 Rail-
road Company.
SECTION 6. Unless this grant and all the terms and condi-
or 7:ions thereof shall be accepted, in writing, by the grantee herein
;' , pithin thirty (30) ifays aftet the t ' efieco.' this ordinance,
Pry ;" nd unless such tray;;be con$ructe t. "xi on year from the date
of such passage, th 6.1tk4;� inane ha 1' e j it and void.
SECTION 'A 4n tie ion• e,,boa 7 f Commissioners,
: it is necessary tot wit sf the inhabitants
f{ �'
of Salt Lake City, , tan, this .9e ne effective imme-
il diately. `
/21
SECTION 8. This ordinance sha4 take effect upon its pub-
•
'�°` lication.
Passed by the Board of Commissioners of Salt Lake City,
Utah, this day of _ _ 1944. e
City Recorder.
35
front of rnbliratinn
rotted*tutus of America 1
STATE OF UTAH ss.
COUNTY OF SALT LAKE
H.CONNOR
AN 0'
AN ORDINAN.' TO THE
ORB$OON. S.•:. ROAD
'COMPANY-' RAIL.
ROAD •:' 81.70-
CESSO•y, -ht to being first duly sworn, deposes and says, that he is the Principal Clerk
constr In a
to tl,L • over
d R„
vt n ?t a 'ounty,' of the SALT LAKE TELEGRAM,a newspaper,published in Salt Lake City,
Be it or i• ,v,i' rd-of Com-
missioner- I ty,Utah:
SECTIO. also and right
f W y te.,, 621.to The OregoShort n Salt Lake County, State of Utah.
Pacific LRat,. 'd,O,q,Le (Union
d mental,
Lessee),Its
successor)) and ssi'a standard sg uCt,!
.Poste and rtratrack a rmat gauge; AN ORDINANCE—BILL #35
Second
put track over and chose That the Notice
West
a south StreetW between Third
West and City, tah West Streets. l Salt
Lake spur Utah,
the' center line of
Id ibur track being more Particularly
described as follows:Beginning at
point tht in the north
line of Second South Street Which
Hundred( 0)feet west from
the 00 c
southeast corner oft La Sixty-
five (65), Plat "so hell Lake City
survey; thence t hating
along a
of Four
to the right ft ho a radius
oIxty-
ri ht h Hhundredths.
forty-one. and dirty- -
dleta ce of fines.undre) feet for a
distance One Hundred to thforty and luth
ine five-tenths01 Secoild Southt Street, Which of which a copy is hereto attached,was first published in said newspaper
point Is 182,5 feet measured westerly
along said south line from the north-
easPlat t corn salt Lake Cityer of Block Survey.ty-two (62), 5TH
SECTION 2, During the arm of this in its issue dated the
franchise the grantee half be subject
to'the following conditions: 19 44
upon and conform track
o thesgradeb f laid day of AUGUST
street and hell at all times beomain-
tnlned by the grantee to conform to
the grade of said street, and 1f s 1d
grad. la fterward changed by Ord and was published in each daily issue of said newspaper, on
nano of the Hoard of City Commis-
sioners, the grantee shall, at its o
expense,a 'change onforml to elevation the AUGUST 5th for
It)-sWhenever said streets where said
track 1s constructed shall be paved,
resurfaced or repaired,the said grantee,
its
ors repair assigns,
between shall pave,
grails thereafter, the full period of 1 TIME
and Ior a space of two(2)feet outside
of each rail With the same kind of
lrhntoialdst
Mtn such maralesmay be the last publication thereof
approved by the Board of Commission-
ers,and all ties shall be laid upon a
concrete
byf the Board`thickness
0omemis- 5TH dayof
stoners. being in the issue dated the
road) Sold track shall be laid and the
operated 9 s to c n0 un-
necessary Impediment to cause
common 44
and ordinary a of said street upon AUGUST
, A. D. 19
which it is laid.
(d) Salt Lake City reserves the right
to regulate and control the speed of
all trains,
engines and care operated 2/
by the grantee,its successors and as-
signs, upon said track,
(e) If,In putting In said track.said )�
grantee shallt
remove or 1n any annex 55 interfere with the pavement,sidewalks,
curbs or gutters on said street.It shall rn to before me this 7th day of
replace such pavement with the sanl
or With such other material as shall
_
be e ordered by-the Board of Commis,.
eloner5 and hall replace such BMW--
walks and such curbs and gutters t0 44
s satisfaction the Board of Com- ,A.D. 19
loners and ofhall so construct the
gutters that they will allow free pas- -
ago of water and be to the satisfac-
tion of the Board of Commissioners,
1f) Sxld grantee shall put In and
maintain such crossings over said track Notary Public
as hall from time to time be required
by the Board of Commissioners.
to(conv) eywater hand ilube laidtand main-OV.25,1945
tained in good condition at the expense •
of said grantee in all water ditches
crossed by said track'eo.as to admit
of free passage Of water.
Advertising fee$
• SECTION 3. Nothing In this grant
than be so construed as to prevent Salt
Lake City or its authorized agents,or
contractors-or pereohs or corporations
to whom a£ranchlee may have been
or may hereafter be granted,from pav-
ing. aewrring, laying gab or water
mains,'pipes or conduits;altering, re-
pairing or In any manner imnroving
said street. And the grantee shall et
Its own expense support the tracks
While the•city excavates tinder the
tracks for the laying of Water mains,
sewers, pipes or conduits, altering or
repairing the same.SECTION 4, Said grantee herein.Its
successors and assigns shall and by
the acceptance of the privileges and
franchise herein granted, and in c
sideration of the same, does hereby
bind Itself,Its'successors and acetone,
upon its acceptance ed this franchise.
to savesaid City hnrmleee from sit
'wits claims,demands and judgments
whatsoever,whether in law or In equity,'
which shall be asserted.found or
dered 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,hr by reason of the
coitstruetton or operation of sold spur
track, and that the grantee herein.
Its e s and assigns, will pay
the mount of any Judgment, deter-
mination or adludlcation which in tar
suit or proceeding ma v be or shall he
found against said Salt Lake City; A
provided, however. that said grantee.
its successors and assigns shall have 1
had notice of any such suits,and a
opportunity to appear and defend the
same, and said grantee. Its successors
and assigns,shall appear In and defend
all actions brought agelnst Salt Lake
City for arty Injury Or damage by rea-
son of the construction. operation or
maintenance Of said spur track.
SECTION 5. This-franchise Is grant-
ed 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
daring the Ilfe of this frenrhlee said•
spur track is net used for the purposes
for which this franchise is granted.
or if there is a substantial abandon-
ment of the use of said cone track for
laid nurposes. said franchise shall be
vetdrble at the option of the Posed
tf COmrntes)onem; and•tf so ordered
sv the Board of Commissioners, salt!
our track shall within thirty dens
thereafter he removed and the street
restored to a condition uniform with
the heience of eve,street with res.-Pet
to grade, materials and construction.
and'to the satisfaction of the Board
of Cmpmteslonere. In the event of
the'failure of said Railroad Company
to remove said track and restore ratd
street upon si•rh action and within
said thirty (30) devs. the said work
may be done by Salt Lake City at the
e% ir nece of the Railroad Company.
SECTION 6. Entree this grant and
nil the terms and eondttione thereof
shall he Resents". to
,grantee herein within thirtyef301 days
after the takine effort of this erdi-
nanee.and unless such track he con-
eructed within one
year
m the date
of such remarry. thee this Ordinance
shone be null and veld.
SECTION 7. Ire the opinion of the
Board of Cenlmissioners.It Is necese eo
to the peace,heoleh end.ss Cite of the
inhabitants of Salt Lake Cite. rash, .
that this ordinance become effective •
Inenediptely,
SECTION 8. This ordinance shall
take effect coon its nuNl eatlon.
Passed Inc the Board of creene nn- 1
ofof Salt.Iv,City,Utah,this 3d 3d day e
August, 1944,
EARL J. 6Lnnc,.
stev
IRMA P. A5TNmv„or.
(Seal, City Recorder.
BPI No.35.
Published August 5,1344,
•
35