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Home My WebLink About36 of 1941 - Granting a franchise to the Dever and Rio Grande Western Railroad Company, spur track Section 15, TI • AN ORDINANCE AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY AND WILSON McCARTWf AND HENRY SWAN AS TRUSTEES OF THE PROPER- TY OF SAID RAILROAD COMPANY, THEIR SUCCESSORS AND ASSIGNS, THE RIGHT n c TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR �c]7.( TRACK OVER AND UPON THE SURPLUS CANAL, STREETS, REDWOOD ROAD AND ALLEY IN SECTION 15, TOWNSHIP 1 SOUTH, RANGE 1 WEST, S.L.B. & M., 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 over and upon the following platted streets and alleys in Salt Lake City, said streets and alleys lying in the west half of the northeast quarter of Section 15, Township 1 South, Range 1 West, S.L. B. & M.: Cheyenne Street: 110 feet + south of the northeast corner of Block 9 of Prospect Park Subdivision (or 110 feet more or less south of the south line of Bayfield Avenue); Valencia Street: 90 feet more or leas north of the southwest corner of Block 8, Prospect Park Subdivision (or 90 feet more or less north of the north line of Hayfield Avenue); Bayfield Avenue: 66 feet more or less east of the northwest corner of Block 9, Prospect Park Subdivision (or 66 feet + east of the east line of Valencia Street); Harris Avenue: 165 feet more or less east of the northwest corner of Block 7, Prospect Park Subdivision (or 165 feet more or less east of the east line of Utah Street); Utah Street: 35 feet more or less south of the northwest corner of Block 2, Prospect Park Subdivision (or 35 feet more or less south of the south line of Van Buren Avenue); Van Buren Avenue: 35 feet more or less west of the northeast corner of Block 3 of Prospect Park Addition (or 35 feet more or less west of the west line of Utah Street); Alley west of Prospect Street and north of Van Buren Avenue at a point 1050 feet more or less south of the south line of California Avenue; 1- 36 Redwood Road: 680 Beginning at a point 148 feet more or less south of the southeast corner of the intersection of California Avenue and Redwood Road on the east line of said Redwood Road and thence in a northwesterly direction over and across said Redwood Road to the west line of said Redwood Road; Also the Surplus Canal beginning at a point approxi- mately 225 feet south of the east-west center line of said Section 15, which point is on the east bank of said Sur- plus Canal, and thence north 75°401 west to the west bank of said Surplus Canal; 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 tern 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 streets and shall at all times be maintained by the grantee to conform to the grade of said streets, and if said grade is afterward changed by ordi- nance of the Board of City Commissioners, the grantee shall, at its own expense, change the elevation of the track so as to conform to the same. (b) Whenever said streets where said track is con- structed 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 streets, 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 streets 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 pavement, side- walks, curbs or gutters on said streets, 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 Commis- sioners. 2- • (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 crossed by said track so as to admit of free passage of water. (h) A good and sufficient bridge shall be con- structed and maintained at the expense of the grantee across said Surplus Canal, said bridge to be of such size and of such construction that it will not inter- fere with the present flow of water in said canal, and if in the future Q,1par shall enlarge said canal, the grantee shall„enlarge its bridge so as to accommo- date the increased capacity of said canal. Section 3. Nothing in this grant shall be so construed as to prevent Salt Lake City or its authorized agents or contractors of persons or corporations to whom a franchise me.y have been or may hereafter be granted from paving, sewering, laying gas or water mains, pipes or conduits, altering, repairing, or in any manner im- proving said streets. 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 judg- ments whatsoever, whether in law or in equity, which shall be as- serted, found or rendered in any manner whatsoever against said City for injury or damage to abutting property, personal injuries or oth- erwise, 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 judg- ment, determination or adjudication which in any suit or proceeding may be or shall be found against said Salt Lake City; provided, how- ever, 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 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 Commission- ers; and if so ordered by the Board of Commissioners, said spur track shall within thirty days thereafter be removed and the streets restored to a condition uniform with the balance of said streets with respect to grade, materials and construction and to the satis- faction of the Board of Commissioners. In the event of the failure of said grantee to remove said track and restore said streets upon such action and within said thirty (30) days, the said work may be done by Salt Lake City at the expense of the grantee. 3- Section 6. Unless this grant and all the terms and conditions thereof shall be accepted, in writing, by the grantee herein within thirty (30) days after the taking effect of this ordinance, 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 immediate- ly. Section 8. This pr. :inance`shall take Ofeclt upon its Publica- tion. s P ed by the Boara,7of; ommi?asioners a' ;Salt Lak�„City, Utah, this �Z day of , 1941. • . 11",Mayor !)er City Re der Bill No. 3( Published , 1941. 4- nil llk, ( Pg f � H � rD._a I ..-. 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