HomeMy WebLinkAbout35 of 1974 - Granting the Denver and Rio Grande Western Railroad Company, its successors and assigns, a franchise I
ROLL CALL
/VOTING Salt Lake City,Utah, March 26 19 74
Mr.Chairman 1101.
Barker I move that the Ord' anee be passed.
111111.1 Harmsen
Harrison 1111-
Phillips M.
Result e■ AN ORDINANCE
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE AND RIGHT OF
WAY TO CONSTRUCT, OPERATE, AND MAINTAIN RAILROAD TRACKS UPON AND OVER
CERTAIN STREETS OF 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, a Delaware corpora-
tion, qualified to do business in the State of Utah, and its successors
and assigns, to lay, construct, reconstruct, maintain and operate an
industrial spur track with all the necessary switches in connection
therewith that run from the mainline tracks, the center line of said
spur tracks as now constructed being graphically shown in yellow on the
said attached print made a part of this ordinance, and which said spur
tracks are more particularly described as follows:
A standard gauge railroad spur track extending
on a bearing of South 0° 01' 19" East across
the 60 foot wide right of way of Layton Avenue
(1850 South Street), Salt Lake City, Utah,
centerline of said track being located 412.23
feet west of the centerline of 7th West Street
as measured along the centerline of said Layton
Avenue.
SECTION 2. During the term of this franchise the grantee shall
be subject to the following conditions, viz:
(a) The grantee shall change the elevation of aforesaid
tracks as directed by the City Engineer, so as to conform to
the established grade of the streets, and if said grades are
afterward changed by ordinance of the Board of Commissioners
of Salt Lake City, the grantee shall, at its own expense,
change the elevation of the tracks so as to conform to same.
2
(b) Whenever streets where the aforesaid tracks are con-
structed shall be paved, resurfaced or repaired, then 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 materials to be approved by the
Board of Commissioners of Salt Lake City, and all ties shall
be supported by a concrete base or such thickness as shall
be directed by the Board of Commissioners of Salt Lake City.
(c) All crossings, vehicular and pedestrian, over the
aforesaid tracks, shall at all times be maintained in a good,
safe, smooth, and fully useable condition for a space of two
(2) feet outside of each rail with the same type of material
used on said street.
(d) The aforesaid tracks shall be laid and the road oper-
ated so as to cause no unnecessary impediment to the common
and ordinary use of the streets upon which they are laid and
all signs, signals, poles and switch controls shall be lo-
cated out of the traveled portion of the street commonly used
by pedestrians and vehicles, and are to be moved to new loca-
tions at the expense of said grantee, when and if the street
is widened or otherwise altered. Any switches within the
traveled portion of the street shall be flush-type and operated
so as not to create a hazard to persons using the street.
(e) 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 the aforesaid tracks
so as to admit the free passage of water.
(f) Salt Lake City reserves the right to regulate and con-
trol the speed of all trains, engines, and cars operated by the
grantee, its successors and assigns, upon the aforesaid tracks,
and said city reserves the right to regulate the time trains
and cars operated by the grantee, its successors and assigns,
upon the aforesaid tracks, may obstruct public crossings.
(g) If said grantee in installing the aforesaid tracks shall
remove or in any manner interfere with the pavement, curb, gut-
ters, waterway or sidewalk on the streets, it shall replace the
same so far as possible and to the satisfaction of the Board of
Commissioners of Salt Lake City.
SECTION 3. Nothing in this grant shall be construed to as to pre-
vent Salt Lake City or its authorized agents, contractors, persons, or any
corporation to whom a franchise may have been given or may hereafter be
granted, from paving, sewering, laying gas or water or pipes, altering,
repairing or in any manner improving the streets, but all such improve-
ments shall be made with as little injury as practicable to the aforesaid
tracks and the operation thereof. When Salt Lake City undertakes to lay
any subterranean utility under the tracks of the grantee it shall be the
duty of the grantee to underpin and protect its tracks while the utility
is being put under the same, and said underpinning and protecting of its
tracks shall be at the expense of the grantee.
SECTION 4. 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, 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
c
,35
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or by determination or adjudication which in any suit or proceedings may
be or shall be found against said 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 injury or damage by reason of the construc-
tion, operation or maintenance of said tracks.
SECTION 5. This franchise is granted for the period of fifty (50)
years from and after the date of the passage of this Ordinance, provided,
however, that if for a period of nine (9) consecutive months during the
life of this franchise any of the said spur tracks hereinabove identified
shall not be used for the purposes for which this franchise is granted, or
if there is substantial abandonment of the use of any of said spur tracks
for said purposes said franchise as to any such spur track shall be void-
able at the option of said Board of Commissioners, and if so ordered by
said Board of Commissioners, any track not so used or abandoned shall,
within thirty (30) days thereafter be removed and the street restored to
a condition uniform with the remainder of such street and with respect to
grade, materials, and construction and to the satisfaction of said Board
of Commissioners. In the event of the failure of said grantee to remove
any such spur track and restore said street, upon such action and within
thirty (30) days, the 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 grantee herein within thirty (30)
days after the taking effect of this Ordinance then this Ordinance shall
be null and void.
SECTION 7. The following ordinances are hereby repealed: Ordi-
nance identified as Bill No. 131, of 1950, passed December 14, 1950, and
published December 16, 1950; Ordinance identified as Bill No. 5, of 1953,
passed January 22, 1953, and published January 24, 1993;; Ordinance identi-
fied as Bill No. 9, of 1955, passed January 19, 1955, and published Janu-
ary 21, 1955; Ordinance identified as Bill No. 54, of 1958, passed Septem-
ber 11, 1958, and published September 16, 1958; and Ordinance identified
as Bill No. 88 of 1958, passed December 31, 1958, and published January
12, 1959.
SECTION 8. 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 9. This Ordinance shall take effect upon its publication.
Passed by the Board of Commissioners of Salt Lake C' y, Utah, this
26th day of 01, 002974.
March, 1974
MAY
Chief Deputy CITY RECORD,EW
(SEAL)
BILL NO. 35 of 1974
Published-April 2, 1974
.1
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6ioie
THE DENVER AND RIo GRANDE WESTERN RAILROAD COMPANY
DENVER , C O L O R A D O 80217
W. J. HOLTMAN
EXECUTIVENDGNEAVICE PRESIDENT April 22, 1974
AND OENERAI, MANAGER f
Board of Commissioners of
Salt Lake City, Utah
City and County Building
Salt Lake City, Utah 84411
Gentlemen:
This Letter of Acceptance is to advise that The Denver and
Rio Grande Western Railroad Company, a Delaware corporation
hereby accepts all of the terms and conditions of that
certain Ordinance passed March 26, 1974, by the Board of
Commissioners of Salt Lake City, granting this Railroad a
franchise and right of way to construct, operate and main-
tain railroad tracks upon and over Layton Avenue (1850 South
Street) as designated in said Ordinance identified as Bill
No. 35 of 1974.
ATTEST:
• )l
e retary Ex i e Vice President
d Ge eral Manager
cc: Herman J. Hogensen
City Recorder
Salt Lake City, Utah
City and County Bldg.
Room 200
Salt Lake City, Utah 84411
1 • v Y
• t•
STATE OF UTAH )
) ss
COUNTY OF SALT LAKE )
The foregoing instrument was acknowledged
before me this ,�L 1), day of A fr, ) , 1974,
by W. J. HOLTMAN, as Executive Vice President and General
Manager, and M. E. MASTERSON, as Secretary, of The Denver
and Rio Grande Western Railroad Company.
My commission expires M u .( ) 7, q 7,5
Witness my hand and official seal.
(42 n
�1Nota1j/ '
M P
TEE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY
DENVER , C O L O R A D O 80217
W.J. HOLTMAN
AND GEIVENE VICELMNAGER PRESIDENT April 22, 1974
AND GENERAL MANAGER L'
Board of Commissioners of
Salt Lake .City, Utah
City and County Building
Salt Lake City, Utah 84411
Gentlemen:
This Letter of Acceptance is to advise that The Denver and
Rio Grande Western Railroad Company, a Delaware corporation
hereby accepts all of the terms and conditions of that
certain Ordinance passed March 26, 1974, by the Board of
Commissioners of Salt Lake City, granting this Railroad a .
franchise and right of way to construct, operate and main-
' tain railroad tracks upon and over Layton Avenue (1850 South
Street) as designated in said Ordinance identified as Bill
No. 35 of 1974.
ATTEST: C--
�,�� ,� ' lam • ,
• e retary'6/� Exvetili e Vice President
n Ge eral Manager
cc: Herman J. Hogensen
City Recorder
Salt Lake City, Utah
City and County Bldg.
Room 200
Salt Lake City, Utah 84411
•
•
' I
35
•
STATE OF UTAH )
) ss
COUNTY OF SALT LAKE )
The foregoing instrument was acknowledged
before me this h day of A Pf, 1974,
by W. J. HOLTMAN, as Executive Vice President and General
Manager, and M. E. MASTERSON, as Secretary, of The Denver
and Rio Grande Western Railroad Company. -
My commission expires t'J a .( ) 7 19 7a
Witness my hand and official seal.
iree
Notary Publi
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Affidavit of Publication
•
STATE OF UTAH, 1
r,,,AN ORDI VA64CC
AN ORDINANCE JNAFY TO TOE DENTEN AND RI0
GRANDE WESTERN.PAILIVOD COMHAN y-SUCCESVeeRS AND
SIGNS, A FRANCHISE'49D RIGHT OF WAY, TO CONSTRUCT,
.OPERATE,AND MAINTAIN,RAILROAD-TRACKS UPON AND-OVER Sharon Payne
'CERTAIN STREETS OF'SAETLAKE CITY,UTAH. -'----
'BE IT ORDAINED BY THE"BOARD OF COMMISSIONERS_ •
SALT LAKE CITY UTAH
SECTION 1 A-9 h and right of way Ishereby granted/ the
o d RI Grande Western Railroad Compons60q Delaware Beingfirst dulysworn,deposes and says ehatShe is legal adver-
ration,qualified.to do business In the State of Utah,n d It successors P
and assigns,to 10, ,straw,reconstruct,mointalb and aeerote on in- using clerk of the DF,SERE�'NEWS, a daily (except Sunday)
Motriol sour track.construct,
all the n Ce Y switches in connection mere- ]� language
with that run Ivan Me ainline`Ira.,'Ie Center lne said sour
newspaper in the English inn rla a with enernl CLP-
frocks a l strucpep being graphically shown m yellow n eprintedg' g g g
said attached arid.made a part of this ordnance;and which said eulation in Utah, andpublished in.Salt Lake City, Sall Lake
Spur tracks ore more particularly described as follows: ✓
A standard East.
ac railroad spur track amending on
bearing o9 in the State of Utah.
South 0.01'19"t Eoat across the 60 foot wide right of wayor Lavron Ave-
(;aunty,
ue 11050 Sduth Stied),Soh Lake City.Utah,centerline at said track
being loot.412.23 feet west•of the centerline of Ylh West Street as
red along the Centerline of sold Layton Avenue.
me SECTION P.-Daring the term oil this franchise Me grantee shell he That the legal notice of which a copy is oti.-whed hereto
stilled to the renew/Mg conditions,pis:
lo) The;grantee shall change the devotion of aforesaid frocks a
directed by'.the City Engineer,so as to conform to the established
nd
grade of the streets,a d Sold grades a afterward hangd by oral- Published an ordinance.granting the Denver and Rio
of the Roard.ot Commissioners I Salt Lake changed
the grantee
-- '-
nonce
of its own.extiense.Change the devotion of the tracks so as to
conform d°San toned Grande Western Railroad a fra.ncise and ri,ht o:r
shall be pavedWhenev P streets
nhef bolted,mensal id frocks
g —
and s,`sh lI page, r 'or repair between the(ails addl.successors
space f Ivin 12)feet outside of each rail. ITh materials to be D.
provede by.the Board.of Commissioners of Salt Lake City:an,all ties way to construct, operate, and maintain tracks
roll be supported by concrete b or h thickness nil be
--- ---'--- -
C rested by the Board of Commissioners I Suit Lake City
lc) All crossings, vehie t l d pedestrian._OverMlle aforesaid
frocks,shall at.all Imes be'maintained In a god,sale,smooth,and upon certain streets.
fuliv useable coheitimna fora of two 121 feet outside f each roll ---------- -_
with Mosul.fvpe.of materiel used an sold street. '
(a)The aforesaid hacks shall be laid and the road operoted so s
to C S err Impediment to the coalmen and.ordinary use
P the 1 ets Upon.dthich upon Which they are laid and all I Is,Doles and ------,- ' -
switch" idol hell'bedeafen out f the1 I ed s -t'n of the t t
commonly used by pedestrians antl vehicles, d i be moved to
new locations t theexpense of la me h -if thetreet Apr.a P e 197t4
of the street snml'oe,flosh..fvpe Any operated SOT°as not to creme oRaz was published in said newspaper on
and to persons using lab street.
(el Good'and sufficient conduits io r per twofer shall be laid.and
maintained in good condition al the expense of sold grantee In on water
ihesa crossed by the:.Ofores dd tracks 90 as to admit tlla tree passage
f water.ra
NI Salt''t k Gay. ¢ the right toul(he and 'Its setc.
apses al and
by Ilq rye c tr e cars operated frocks,Dv the t s /7
cessors a h r 0l th ,the aforesaid urera sold t1reserves, _---"--
11 right our 9 1';Ill time trains.and or operated, thegrantee,
its s and-assigns,upon the aforesaid tracks, may obstruct /
f5
public
o lg)It sold.grantee In installing the aforesaid frocks h ll remove or Advertising-I
in t e I f f with the pavement,c D g if 5 waterway or
Legal Clerkeewalk on the streets,it shall replace the some 5 for os possible and 'h
to the sTTisfa[tion of no Board of Commissioners of SalPLate City.
SECTION 3. Nothing.in this grand span be' rued sos to
• Ent Salt pOtatlake City-or its utcarised•a ends,contractors,persons,m
any nee ballolt to whom a'franchise may hove,.bffen given or mat
hereafter be.granted,i iron,paving,sewer ,'loan _gal water o
pi It i grepoirIng or in V manner Irnproeing the streets,but
it such Improvements shall,D d old dile 1 i Y as•proclicable
undertake s'.to de y any subterranean operation
Wilily under the hen track xof City
one this 4th ___ __ day of
ante¢If-Ma be the dote of the grantee to underpl"and protect Its
tracks while the utility Is being put under the same,and sale underpin-
ning and protecting of PS frocks shall beat the expense
ne of the grantee. Al). r1
SECTION A.Sold grantee herein,Its successors- A and assigns,shall_ , , lY-Irn/�t-_,
and by the acceptance f the privileges and franchise herein granted
and in on0ltleratign.s the same,does hereby bind itself,its successors
and assigns,upon its o ¢plan,¢of this franchise-to' said CRv
harmless Prom pall sults,aclaims,demands,and lodgment v whatsoever,
nether in law or In equity,which shall be asserted,found or rendered E�
i whatsoever coda said City for injury or dmnage to o
abutting property, personal Indigos, o otherwise, by a of the
granting ofr this eedingsr,or by determination shall
found
ndlugainst which In ,- sr"i___-
hovsad nrver.tints may be r shall Dr.leans against said CITY.
e had notice of any Said or suits its successors portu ale assigns.shad Notary Public
provided,
had notice of its It or ee,ts and °o and
to came.slal arts
pear i the same,and sold ions grantee,Its successors rs a d assigns,shall ap-
pear Dear in and age all actions brought a strudtt Solo Lake City 401 env
nonce or d track by reason at the cansiruction.operation or malnde-
n of sodiraak5.
SECTIONnonce
d.This he dote
Is antes for the peridi of fifty uld'
rid,h from and PIt the d er of thel nine
(91 of nset ive months
wring
rid,however,that it for a period a none 191 hocks
consecutive months Identi-
fied the Ilse it cot be
used any 1 ill¢sold l torPracks herainuhocc leenis
grd granted,
not hused for the p es for which this erunc envise is
sa so,of 11 sfr is substantial said franchise
of the use st spuruch r
said sour tracks for sold purposes said(said hire to am Commissioners,
track shall be edidable 1 the pion of said Commissioners,
of 1100k sl101 so
and II s ordered by said Boor t of C 301 does thereafter the a finder od ___
such
the street restored to a condition uniform with the remainder 9
uch street and n f re Vecl tog de,lmissi ale,oldheeventconstruction ono
°the satisfaction grantee Sad Board of Commis - 1 the a Ent of Ind SeCOD a In ir, - B it it
fit tare of n s ulc/t to remove env such p Rork id restore said <es my totThe sac health t t Incof Salt
reef, pan such actin and within hie anal i wort may be Lake City,SECTION9.Thor thisOrdinance b i do t
done by Salt 0.City bales the tis D and grantee.the Passed
by This Ordo,rshalllak effect pit lyD la,ET
n.
SECTION 6. Unless this gran)and an the reins and thirty
(pas Rass of ro the Boa s i C =ems t Snllily C Po.Btol,this
thereof ter tl eE•accepted it of this
by grantee herein within Ordinance
hot( 761n day of March,1924. E.J.GARel
days l and the taking effect of Phis.Ordinance then this Ueginanee shall MOYat
bE null and void.
SECTION d me long.031 ordinances p so herons. r 14,19: Oanl-
• e Ide efied be Bill No.IIO of ocen passed identified us el li .et antl M1hi_r RED V. HAM
published December 1190,b pubashe Januar us alit Na,o.5,of unpe lbi C Deputy City Recorder
passed January 0,0 and published Jaguar I 1.1 .11 published 1I LNLof PM
anuaarytl 1,Bill Na.N0 9,Ordinance 1 I Daaied nonUUI IY, S,p0shed E'bli NO.-'A
Sepuey r1, ,919 ,000 stlod led September I Nu. 50;a d Ordinance
oases Fublisf.etl<.Auril 'i'l;� IC-t31
S entif bet 11,ll N,antl a Dlish,dsleDa 16, 1911,and pub.
fished O as Bill No.90 al 1958,passed Occernber nl,1958,and pub
I.hart Jam,mv u,wsv,