36 of 1929 - Granting franchise to Salt Lake Terminal Company for track on 1st West Street between 1st and 2nd So AN ORDINANCE
An ordinance granting to the Salt Lake Terminal Company,
its successors and assigns, a franchise and right of way to con-
struct maintain and operate a single spur -track from and between
its main line on First West street in Salt Lake City to the prop-
erty
line upon the west side of said street.
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 Salt Lake Terminal Company and its successors and assigns
to construct, maintain and operate a single spur track from and
between its main lira on First West street in Salt Lake City to
the property line upon the west side of said street as follows:
Beginning at a point on the center line of the west railroad
track of the Salt Lake Terminal Company, said point being 4.35
feet west and 245.61 feet north from the street monument at the
intersection of First West and Second South Streets, and running
thence northerly on a curve to the left with a radius of 200 feet
for 47.07 feet, thence continuing on a curve to the left with a
radius of 150 feet for 98.50 feet to the east property line of
lot S, block 67, Plat "A", Salt Lake City Survey, said point being
17.35 feet south of the north-east corner of said lot
610SW-e-a..14 spur track being more particularly shown in yellow
on the attached print, which is hereby made a part of this ordinance.
Section 2. During the term of this franchise the grantee
shall be subject to the following conditions, viz:
(a) That Said spur track shall be laid upon and conform to
the established grade of said street, and if said grade is after-
ward changed by ordinance of the Board of Commissioners, the grantee
shall, at its own expense, change the elevation of the track so
as to conform to the same.
(b) The said grantee, its successors and assigns, whenever
�? so required by the Board of Commissioners so to do, shall pave,
e� repave, resurface or repair between the rails and for a space of
two (2) felt on the-outer side of each rail where said track is Orr'. 'tr mi ti, _,,,,•�
•
2 -
constructed with such material and in such a manner as may be
approved by the commissioner of streets and public improvements;
and all ties shall be laid upon a concrete base of such thickness
as shall be directed by said co nnissioner.
In the event the said grantee shall fail to pave, repave,
resurface or repair any surface or area as herein required for a
period of thirty (30) days after notice from the Board of Commis-
i
sioners to so do, the city shall have the right to pave, repave,
resurface or repair said surface or area and the grantee agrees
to reimburse the city for the total cost of said work, labor
and material.
(c) The said spur 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) 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 spur track, so as to admit
of free passage of water.
(e) Salt Lake City reserves the right to regulate and control
the epee, of all trains, engines and cars operated by the grantee,
its successors and assigns upon the spur track aforesaid. .feither
engines nor cars shall be permitted to stand on said spur track
on First West street.
(f) That if in putting in said spur track said grantee shall
remove or in any manner interfere with the pavement, sidewalk,
curbs or gutters or waterways on said street, it shall replace
such pavement with the same or such other material as shall be
ordered by the Board of Commissioners and shall replace such
sidewalks and such curbs, gutters and waterways to the satisfaction
of the commissioner of streets and public improvements and shall
so construct the gutters that they will allow the free passage
of water and to the satisfaction of said commissioner.
n
Section 3. Nothing in this grant shall be construed so as to
prevent Salt Lake City or its authorized agents, contractors,
persons or corporations to whom a franchise may have been or
may hereafter be granted from paving, sewering, laying gas or
watermains or pipe, altering, repairing or in any manner improv-
ing said streets, but.all such improvements shall be made with
as little injury as practicable to said spur track and the opera-
tion thereof.
Section 4. The said grantee herein, its successors and as-
signs, shall and by the acceptance of the privileges and franchises
herein granted and in consideration of the same, does bind itself,
its successors and assigns, upon its acceptance of this franchise,
to save the city harmless from all suits, claims, demands and
judgments whatsoever, whether in law or in equity, which shall be
asseited, found or rendered in any manner whatsoever, against
said city for injury or damage to abutting property or otherwise
by reason of the granting of this franchise or by reason of the
operation of said spur track; and that the grantee,'its successors
and assigns will pay the amount of any judgment, determination or
adjudication which in any suit or proceedings may or shall be found
against Salt Lake City and Said grantee, its successors and assigns '
shall appear in and defend all actions brought against Salt "'aka
City for any injury or damage by reason of the construction, opera-
tion or maintenance of said spur track; provided, however, that
said grantee, its successors or assigns, shall have had notice of
any such suits and an opportunity to appear and defend the same.
Section 5. This franchise shall extend until the expiration
of that franchise granted to the Salt take terminal company on
December 31, 1913, to wit: Until the first day of January, 1964;
provided, however, that if for a period of nine consecutive months
during the life of this franchise the said spur track is not used
for the express purpose for which this franchise is granted,
this franchise shall be null and vo id,, and if so ordered by the
Board of Commissioners said spur track shall within 30 days
thereafter be removed and the street restored to a condition
uniform with the balance of said street with respect to grade,
1
materials and construction, to the satisfaction of the commis- 1
stoner of streets and public improvements. In the event gran-
tee fails to remove said tracks and restore said street Salt
S
1 Lake City may do so tat grantO s expense . d "
Section 6. Unlesthis fr s;- ej,nchise and a.< e t and con-
r.,-;
ditions thereof shall be oo ted in writ g u he antes
'0 _ herein within 30 days•yrdm ttt4 passage ofttnidi te, and
v unless 'said track bC' Win tree ed. within o` y •,fro • he date
of such passage, the this o inanoe shall b ull4 Pio id. 1
�, Section 7. This PordinangSs hall take effect upon its first
publication.
Passed by the.Board of Commissioners of Salt Lake City, Utah,
this 17th day of September, A. D., 1929.
r____c_::_;._......L,_,__.
� { f Mayor.
City Recorder '
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Proof of Inhltratton
3Aatteb*tales of Amertra
STATE OF UTAH ss
COUNTY OF SALT LAKE
art ourroaxd „a,
°%a ordihahee z7• ;•a r„ loth
Lake Terallaal ,r7 Qfi
..,Tel ae ic.�a ,!an. ill. 017, 1 HARRY IOLFF..
fie a sine tl"'ptef trb':3xoo and'
-Meta its raieuit►4R41xot wrest
to Salt Loa tilt ! pxbP 7l being first duly sworn deposes and says that he is the Principal Clerk
Upon.the Great sills +
b tt orddlned S a '
nt eeioaere of w y:yi and •,
of the SALT LAKE DAILY TRIBUNE a newspaper published in
lei
Salt Lake City Salt Lake County State of Utah
sogiowns at 4 :••S' t?r
line of the west •_•)mad .•.Pz th. That the Noticed ORDINANCE.
Salt Yaks Terming •eilwallY agid point
being 436 feet Wont and 34S eL feat
the ffrreoe''ettuheoxelsu a44eeb106'S of SALT LAKE. CITY COR1 ORATION.
cad South etxeete and fttnatut Wo t.
northerly on a curve to' a left with
a-radius at 30e feat for 47 CO teat lieenne
a raUd�iuing o1a a set ttOd the lest with OrFICL OF TiiE CITY RLCORDER
a e coot Ox 1co fat for Sie0 teat tO
the east pro arty Sae of lot 8 block
67 Plat a Salt Like Shy hum*,
end point being 17 96 seat saheb of BILL IdUbjBER 36
the northeast cornet'of said lot o old
est. track ow Oil mote partfdprint
wn In yellow qa rile tteo 4 t
s a t b;0reby°sae 0 P50 " of which a copy is hereto attached was first published in said news
Section 3 String the laths et this
franchise the grantee 531a11 be tub
foot CO the following cohdltloha.via
(a) That said spur tree* WAS to paper in its issue dated the 18th
igid upon and co orm to the and:
Mated grade ox said eta.k .•0 if said
Wade 10 atperward y Pun
ui , ox
aoo of the 9oard of • :topers September 192 9
the grantee shall at ;.,thee day of
change the Covet k• 69
as t0 opatorm to re and wasdaily newspaper
and'assigns
said .—re published in each issue of said news a er on
the Board o• ea tO do
rpair
shall
between n •na sheee September 18th. for
de et oath
all and In is Guth conas t$a0na
q'ekta vind'451 by 04 brayi thereafter the full period of One Insertion.
"• ' ora4de Case se(OAS al et ch e G
lull be diteat04 by send oat
he'event the sat e?itasbeii the last publication thereof
to pave remove re as or k
::y eurtaoe or'area as a red
tor a ported ox thirty p e alter
notice nom the)loam.Pt . Nl 4
ors t to pave the
svayreeu0faaee`es o th being in the issue dated the 18th day of
rispax obit eurfaa s44 t
grantee agrees to ref bur 'the idly for
the total coat oz ealawe ylabeiapad September A D 92 9
material
(c)The rigid epuuo�*SOW •st.,td
and the road oygpetgtgd, t0�`pd8 ay
common a nod orcitogry uee seta stfeet
upon which it is 104
(O'COW and ahffldasggt eangnite to
Convey wake shalt be Ltd and mein
tattled in good¢reondttiget et the ea
rWitatleBnes ee aed"by esata' r shins,eo l sworn to before me this 18th dayof
ea to admit of free see VI paten
(e)Salt Lake City ea the right
to regulate art Pon oP d Of
an trains en fibs and 0 tad by
the etni�iw u see near A D 192 9
e tO
Wit
40
Notary Public
Advertising fee $
I
.n" tp
auth p en enb street It khaan remise,
eu1h'paVement with the some or such
'other material ea shall be ordered by
:the:Board of.Cott10lh sners and shall
i.;e a`avoh slderW0y end seer olift::
ggtdtt re he OMmissl to the oete end
pun or;the eommht tol Of etr and
,e inkit the gut er.bast t:heir so con-
'ttr110t the§litters„t W they a,91Uby
the ffeti 01 Of ot-Water anti•rp_' '
' egtec;t 02. of-bald;n thi igeh
econstrue�rotaiitto o anovoitt alt WO
lato
be construed so ae authorised
writ.,
Contrac-
tors,or It.pinions'Or ooretl etlon e,Ogp hom
a f0101tltOOr ,it
ve been e'or a r
a Ifan'ay. may%eve Alain,
et may
a easing, bd. g lhr alter Mains o sager one,layingc
�1pa,altering tepalrthgbr till;flan.
''het i pulse Bald etr is h it 4p ayci}
i to 00-0 rdtlsoldh,A,
IiGt1r- :pry as pfaotic4ble ttsald glilt.
D e Section Lase 001 tw. sol. 40
009ceo 4. The said, N'h
its sutnoepora and 001511 yjl� d'liy'
the obt0tetanoe of;the ptl94 O hd
"cideraqi Oes,,herein Branto'4 arid Sty n-
siderViOn Of the same 4eu nd;ttetf.
Its etlegneasore end aseigltO,upon10 Ste,to•
ceptan0e of this frall ohee;to save"the
lisnalese from all suite',FIBSh't0 a de-
'mande apd Judgment. .01ty0dieever,
whether'in law Or^in e0 reu,-which
..shall cobobeg .0,f0un `or.rea, ed in
any manner'wha.see or,agar Bald
City fOr Warr ot.de ago to gpdttir
properly qt OtherW110a'yr",1 ot,tha
Vgresnntin pt:tray Yr 1el0 e',b9 rda-
&M..ar the operaEn1tpene0i3Ogip; trash:
apd that the paneeei Ati sd Om and
assigns,Will pa94�t' a01go1 any
bidill wl,lo dI so it1 ry._ 00ee 1oag
„;tton Winch.lb found ag di't alt Lake
' may Or shall be found agalpat salt Lake
AV and,ebid grantee;1te eucc1ng
` .aalD00119u41 e iy 'agar against Sal
11;pppadd all for 111-1ihjlifyt or afnaD by
fake City the
oonstuct17 damage by
Orr ro� to Slit coita ntspur: act;pro-
"•..Or mafnte 1e1",p at liti101 track;,Ito
eneees oro 00 r,adenine.
e.eshd l grantee,had
noticeteBofa Or'ny.0 pE su shall have red
PPer-
tun of appear r d def and an some.
St ect to appear sat nohise the lame.
Section unt 5. expiration
anon shell ex-
tend tents the expiration of rat 4an-
cCom000 nted to the Salt 1913,aloahstl
Until the
On D01 day 31,J ar LO1104;
provi d the Iftt'-day of January,1 ve-
rnal anal n h0 consecutive
that e theor a during
he of nine ll.franchise the rap
Q11 pur
the t t of tbls franchise the sale spur
jtrack 1s not used for ollle,a gr ld-
rat,*while ch13 free null a granted,
and ifenn o shell by ttee sad doff
and 1I to rs ordered a the Board of
within SP day said after be retree& shall
oddw1 streete restored
be oenmvon
unf the. h restored eto a scondition
aid
str000
With respect tohe ba de, otecle tttOi d
0400 respect tohe Sa materiels a the
= commissioner of streets and Lpubilo line
provemente. In the event grantee;ells
Lg.'-remove paid track.and 40stdr0:Reid
street i Salt Lake City may do ee_.et
gegatee's espgnea:.
000110n e. bnieee this franehjje. `,d
all the te and Condition th
ehpIl r accepted o in, Wn6 rom„ e
giantM herehh on .80, .;rosy..
°1:171a 0;}y
tale:track IA
�yeer from the de ;torch ,
then'thla ordininee_ft�911 be still d
told.
(Section 7 S TM!or 4nee all e
of sot n to i(rat�p110§EI
ass y a$o oI t1 O`>9Y
or salt hake VIty,tgv Utahn y
Of-September.X. 1p1t�
JCHN F onMR7' yos7'
'�Maodoari0.C two.4.14:
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