HomeMy WebLinkAbout37 of 1950 - Granting to O.S.L.R.R.CO. Oregon Short Line Railroad Company, (Union Pacific R.R.Co., Lessee) fran Salt Lake City,Utah, ,195
VOTING Aye Nay
Affleck CJ I move that the ordinance be passed. f
f .----------
Christensen __
Ae7
Lingenfelter . . . _i/
/
Romney
Mr. Chairman . . . Iy _ AN:ORDINANCE
Result /'
AN ORDINANCE AMENDING 4/4
ECTION 802 of the Revised Ordinances
/
of Salt Lake City, Utah, 194,9 by amending Ibhe third paragraph thereof,
relating to the Board of Health.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah;
SECTION 1. That Section 802 of the Revised Ordinances of
Salt Lake City, Utah, 1944, be and the same is hereby amended by
amending the third paragraph of said section, relating to the Board
of Health, to read as follows:
"The term 'stove ashes', as used in this chapter, shall
include the residue of material burned in stoves and in fur-
naces in private residences, but not the residue from furnaces
in apartment houses, hotels, business houses, heating or manu-
facturing plants. An apartment house is defined to be a build}
ing comprising four or more suites designed for separate house-
keeping tenements."
SECTION 2. In the opinion of the Board of Commissioners,
it is necessary to the peace, health and safety of the inhabitants
of Salt Lake City that this ordinance become effective immediately.
SECTION 3. This ordinance shall ake of e t upon its first
publication. 'e.:;---
Passed by the Board of Commissioners f S t Lake City,
Utah, this /. d4 day of , A. D. 1 0.
/97M16
-1 City Recorder.
36
Affidavit of Publication
STATE OF UTAH, 1
}ss
County of Salt Lake f
D. 1 . 0C,O1Y
AN OAAINANI;F:
AN OAOINANCE Ams1NOING>+1C- Being first duly sworn,deposes and says that he is the ad-
TION 8112 of:he Aevlsrrl Ord.naner
o Slit
ding tare!hind paragrap Utah th th ser-
omamending
relating to the Board of Ilraal•, vertising clerk of THE DESERET NEWS,a newspaper,
AP 14 ordained by thr Poe rl! f
Uulamnm issloneis of Salt. Lake Clio i� published in Salt Lake City,Salt Lake County,in the State
SECTION 1. That Section SOP or
the r"vixerl rdlnancee of SAiI Lake
City.Utah.1.4,be antl , Is of Utah.
:thy nrletl by In�lhrp""11,e
third paw kph of.,elol'
aFl
rating b the Board of]:aalb, f
ad a` rt"" That the advertisement
"The
shall ash/
Il,e"�
Irinn nmaterial Mimed In atnvea and
1n furnaces In pOvatc resldences,hilt
not. Ilan residue from l"rnaena in ;in Ord;-Hance Rill_ No. 36
apattmel:I house., betels, business
houses, heating Or mnutactu-Fla
plants. An apeitmentbops.. is de-
fined to be a h,illddng comp-15 for
font n snl:e.e designed for --
tepara a housekeeping tenements"
MOTION 2.In the opinion,o'the
Board of Commissioner's,It is n
wry In the pewee,haalth and safety
nt the Inhabitant,of Salt City that
this nrdinanee become eitertive Im-
'"FETTON.,.mi.ordinaner shall was published in said newspaper,in its issue dated, the
take effort "p n Its 1114 Holding_
Uc
pfl ebye h the Board of Came.-
looeiaof Salt I»Lake City.Utah.I s day of A.D.19
11th del of April_ A. IT 1W
FAFL J. GLAOI,:
ratAl Naynr-
IFMA F.RI9NNI°•City Prconer. and was published on ilpril 15, 1950
Cr 1..
the last publication thereof being in the issue dated the
day of - .A.D.19
Advertising Clerk
Subscribed and sworn to before me this 1 S th day of
1rri1 A.D.19 50
Notary Pu�lic
o�7LL l HLL J"�Cf3 I95'J
•- Salt Lake City,Utah, ,195
VOTING Aye Nay
Affleck / 1 move that the ordinance be passed.
Christensen
Lingenfelter
Romney . . .
Mr. Chairman . . AN ORDINANCE
Result
AN ORDINANCE GRANTING TO THE OREGON SHORT LINE RAIL-
ROAD COMPANY (Union Pacific Railroad Company Lessee) a franchise
to construct, operate and maintain a standard gauge railroad track
over and upon South Temple Street between Eighth West Street and
Ninth West Street in Salt Lake City, Utah.
Be it ordained by the Board of Commissioners of Salt
Lake City, Utah:
SECTION 1. A franchise 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 track over and upon South Temple Street
between Eighth West Street and Ninth West Street in Salt Lake City,
Utah, the center line of said track being more particularly des-
cribed as follows:
Beginning in the center line of the present operated
main track of the Oregon Short Line railroad in South Temple
c Street 75 feet south of the southeast corner of Block 57, Plat
•�� ICI, Salt Lake City Survey, thence along the center line of pro-
posed track along the arc of a curve to the right having a radius
of 942.29 feet for a distance of 80.3 feet; thence continuing on
the tangent to said arc north 84 deg., 16 min. west 105 feet;
thence along the arc of a curve to the left having a radius of
942.29 feet a distance of 94.2 feet; thence continuing along the
center line of the existing track which is tangent to said arc
for a distance of 380.5 feet west, to the east side of Ninth
West Street.
The location of the center line of said track is
graphically shown in yellow upon the attached print, which is
hereby made a part of this ordinance.
SECTION 2. During the term of this franchise, the
grantee, its successors and assigns, shall be subject to the
following conditions, viz:
37
(a) The said 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) Whenever said street where said track is construc ed
shall be paved, repaved, resurfaced or repaired, then said Grantee,
its successors and assigns, shall pave, repave, resurface or repair
between the rails and for a space of two feet outside of each rail
with the same kind of material used on said street, or with such
other material as may be approved by the Board of Commissioners.
In the event said Grantee shall fail to pave, repave,
resurface or repair and surface any area as herein required for a
period of thirty (30) days after notice from the Board of Commissioners
=o to do, the City shall have the right to pave, repave, resurface
.r repair between the rails or said surface or area and the Grantee
-green to reimburse the City for the total cost of said work, labor
nd material.
(c) The said track shall be laid and the road operated
.o as to cause no unnecessary impediment to the common and ordinary
se of said street upon which it is laid.
(d) Good and sufficient conduits to convey water shall
�e laid and maintained in good condition at the expense of said
Irantee in all water ditches crossed by said track so as to admit
if free passage of water.
(e) Salt Lake City reserves the right to regulate and
iontrol the speed of all trains, engines and cars operated by the
i
Irantee, its successors and assigns, upon the track aforesaid,
leither the engines nor cars shall be permitted to remain on said
rack.
(f) If, in the replacement or maintenance of said trac.
rantee shall remove or in any manner interfere with the pavement,
Iidewalk, curbs, gutters or waterways on said street, it shall re-
I+lace such pavement with the same or such other material as shall
+e ordered by the Board of Commissioners and shall replace such
sidewalks, curbs, gutters and waterways to the satisfaction of the
Commissioner of Streets and Public Improvements and shall so con-
struct the gutters and waterways that they will allow the free
passage of water to the satisfaction of said Commissioner.
SECTION 3. Nothing in this grant shall be construed
so as to prevent Salt Lake City or its authorized agents, con-
tractors, persons or corporations to whom a franchise may have
been or may hereafter be granted from paving, sewering, laying
gas or water mains or pipes, altering, repairing, or in any manner
improving said street, but all such improvements shall be made wit ,
as little injury as practicable to said track and the operation
thereof. When Salt Lake City undertakes to place any utility
under said track, the Grantee shall at its own expense underpin an.
protect its track while said utility is being placed under the trace .
SECTION 4. The said Grantee herein, its successors
and assigns, 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 asserted, 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 track, and that the Grantee, its successor,
and assigns, will pay the amount of the judgment, determination or
adjudication which in any suit or proceedings may or shall be found '1
against Salt Lake City, and the 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 constructi.n,
operation, or maintenance of said track, provided, however, that
said Grantee, its successors and assigns, shall have had notice of
any suits and an opportunity to appear and defend the same.
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 said track or
y L.
any part thereof is not used for the purpose for which this franchise
is granted, or if there is a substantial abandonment of the use of
said track or any part thereof, this franchise shall be voidable
at the option of the Board of Commissioners, and if so ordered by
the Board of Commissioners, said track shall, within thirty (30)
days after notice, be by said Grantee removed from the street and
the street restored to a condition uniform with the balance of said
street with respect to grade, materials, and construction to the
satisfaction of the Commissioner of Streets and Public Improvements.
In the event of failure of ehid Grantee to remove said track and
o restore said street upon-said notice and within thirty (30)
.ays thereafter, the walk may be done by Salt .Lake City at the ex-
i.ente of said Grantee. •
SECTION 6. Unlesa!this franchise and all the terms and
onditions thereof shall be; accepted in writing by the Grantee here
•n within thirty {30) days after this ordinance becomes effective,
d unless said track be constructed prior to January 1, 1952, then
his ordinance shall be null and void.
SECTION 7. WHEREAS, in the opinion of the Commission
=n emergency exists, this ordinance shall take effect immediately
.fter publication hereof.
•
Passed by the Board of Commissio z's ofAalt Lake City,
tah, this /044ay of , A. D. 954. r
• 'ice vr.�
�',
City Recorder.
r""-- ;/
li
II
Affidavit of Publication
STATE OF UTAH, 1
} ss
County of Salt Lake J
AN ORDINANCE
AN ORDINANCE GRANTING TO
THE OREGON SHORT LINE RAIL-
ROAD acific
RaIIrooadCComANY Lessoel ap Iran- .I l�ii i0l�r(
Oise to construct, operate and
maintain a standard gangs r slimes'
track ever end pen South Temple Being first duly sworn. deposes and says that he is the ad-
t;rect b,ween Eighth West Stree r
nod Ninth West Street 1n Salt Lake
°`n. Uta[dalned by the Board of vertising clerk of THE DESERET NEWS,a newspaper
ml.ssloners of Salt Lake City,
ow,
fTION 1.A frandhlse is herehi published in Salt Lake City,Salt Lake County,in the State
czto the Oregon Snort Line
d Company (Union Pacific
.d Cpm>pan:,.Lessee),its. of Utah.
I f an U roic over
r.0idnu
h Templerailroa Street
r and upon
van fiiLh Temple 5Lreet between Eighth
fist Street and Ninth West,tree: That the advertisement
Czlt Lake Cltyr Utah,the center advertisement
of said track be!na nonce pnr-
tl�e.2,i deamobed an renter
:
c-resent pe the renter :ice of
oa Oregon operated L main track ri_'1 .i T-C}J.":�L!',C G '„J 1.1 :�17. 37
0
for Oregon Short. Line Hall/oar-1 sd In
S tl o TempletStreet RS feet south
( h southeast t r t BI .k 5/
PI o Salt Lake City .y prey�)n "h.ort Line Ra i.lzroad Co,17r�ny
thenre ro-
posed track kalong the the confer
arc fop of i
0 the feet
f having r radius 1 of
roe.. teat continuing
a [ g0.-
feet;thence co nta0 fie the it tan-
meet to said arcnorth a dng.,16
In.west In; et thOnee along the
arc of r.curvet0 the left having
of 94.21 feet distance was published in said newspaper, in its issue dated, the
942ii feet; thence continuing .abeg
the center tine of the existing'Task
wnleh I.,tangent to said arc for a
dlrtanne eI „aab Ise, west, to the day of A.D.19
cast side of Ninth West Street.
The location of the senior line
iI.said track 1s graphically shown C�
n yellow upon Ere attached print and was published O Yi _`.fit'1 24, ]. Jp
whir.h Is hereby made a part of this C
ordinance.
hSECTION 2.During .ing thr ter. of
;a franchise.the grantee.Is;site- the last publication thereof being in the issue dated the
d assigns,shall subject
to the following conditions.vlr,:
(a)The said track,shall lie Iald
linen and conform to the esteWlshed
grads f safe sarcef dayof/mud If saidA.D.19
grade Is ailmwara changed by o, („r
dlnance of the, Board of Commis-
x the Grantee shall, t
Into a its /s7
tl /ph k ge thele .- 741 ,;,,.-�Z
to the G� Advertising Gerk
0) Whenever id alreet where
11 track
f e t shall be
e-
pa,i
I,then.vain.Grantee.is
navan assigns. stall Pa,
e, urines 'edail etween
the rails anda`spa,of Issn fart
h tndldf of tsrla`use with a to before me this tr day of
kind f al each rail
used n said street
or with such oth e-tt ial as may
be approved by the Heard of Con,
miee, A.D.19
[n the -
he a sa':rl Gran'�re .sF.a l'. }U
fedi to p eoa.e, r ro urfa
repair and surface any a s here-
in reamred for a periodeSof thirty
(20) days after not9e from the
Board of Commissioners _'o to do,
the City shall have the tight to
paye. mimed farpoor between t Idsurface
andarea the Grantee e-
i b the City for the total t
f id work.labor,and material.s Notary Publ c
(c The said track shall be laid
and
unn ces the road y imtpedimented so as t0 the
and s ordinary u of said
common and
wt.,.It's laid.
iot)Geod a auiuemnt conduce
to eons, center shall be laid and
maintained In good condition fit the
expense of said Grantee In all wa-
ter r ditches r sod by said track
so s to admit of free pansafe of
w aOs)Sa:s,, Lake Clay e she
right t reg0la;a. and r rol ,he
e.ed of all trait,,.engines root
operated by
the Grantee. Its -s
cewors and .,a,4lded Span the track
eseid. Ne9her tl-: 2n211,9
nos
carS shall At,ern'.ted to remoln oc.
sa track.
(If It, 1n tho replacement or
tslnten^nee a1 said i ack Grantee
removeany r
Mere i the Dave.mrn•nasidewalk,
',rEt nu
shall rreplarca suehn ave-
.nt v:1th the other
such
rial a shall be Ordered by the
'cart. as
ridfwalkl. and shall
or wa sidewalks, curbs
•' e vs to the tion nd t I/olr mission is 0f shall
tnd i tru Improvements gumauts and shalt
n Ctrucf.the ill Allow
and tree
sh n` theywve will het ry the free
said of n o the snt;s(antlon
a4er i'�xssa It Commissioner.
.,,,Cu'ION 3.Nothing In this grant
1.:11'0 construed s 0 prevent
.Salt Lak Gityn1eG to
haants,C Srs,peroona o or.
ve he%r whom a hereafter may
have M1eIr may sewerint, be
granted led forte Sari m, ewe r or
lay-
nes.
all gas orwater mains of -
nite[ing,repairing,rat or re anyman-
ner improving said street, but ail
de
ith improvements wall t m
With a littleoInjury he opeib/sir;
to said track andl. the opera,
takes t.When ally Lake CRY under.
tra k to place me u hall •u rr des own
expense
the Grantee shall at protect
o
expense u amid anti prIs b Its
track while said lInk la being
placed under the track.
SECTION 4. The said Grantee
herein, its successors and assigns,
shall,and by the acceptance et the
privileges and franc hires here in
granted and In consideration of the
same does bind itself.Its successors
Ind assigns,upon Its acceptance of
this (ancir(ae, the City
harmless from all cult,alxims,de-
ands and Judgments whatsoever,
whether In law or
suity, which
shall be asserted,found or
=enaered
manner
In any n whatsoever. against
said City for e1injury or damage to
abutting Property or otherwise by
reason of the granting of 'his
franchise or by re of the opera.-
till 0f said trackot a that the
Gi after, Its r W and as.Ens,
'will pay thest amount and
the Judg-
ert determination o ad)uthoa-
1 lion which to a =tilt or
proceed-
hags may shall be found p against
0
Salt Lake City, and the sal.
GlAn ter,r Ar d and xall ac-
tions appear Cln and t10/i k all a
floes y in]ut.gal d,' Salt Lake se.
for any construction.
Ir n m sae br r
maintenance the of tarn. opec-k,provid
howvr,t of.sold track,.I/o ed.
however,that said Grantee,its
^n..sal tin C,shall have had
onuce of a nnits .d nppe
sanity to appear and defend
ih
fend the
axSECTION 5. This franchise is
granted for the period of flay(50)
years from and after the date of the
passage of role ordinance, ovided,
however, the' If for aerlod of
nine(9)consecutive months during
tho life of this franchise said track
tany part thereof Is not used for
he purpose for which this franchise
Is granted,or 1f there is a substan-
tial abandonment of the use of said
track an part thereof, this
franchise
shall be voidable'at the
Optlen of the Board of Commis-
sioners,
and If an ordered by
the
Board of Commissioners._rid
shall,within thirty (30) clays after
notice,be by salt Grantee removed
from the street and the street re-
stored tea enable uniform with
the balance of said street with r
ntsuctio gi adet;en snu=lenndtcihe
Cnmmisefoner of 3,reP,and Pub:1c
f
Iaflure aof sta to the id Granee invent
Cain tack and on restore said street
upon said notice and within thirty
(00)days thereafter,the work may
be done by Salt Lake City at the
expense of said Grantee.
SECTION G.Unless this franchise
and all the terms and conditions
thereof shall be accepted In wrh.-
ing by the Grantee herein within
thirty(30)days after this ordinance
becomes effective, and unless said
track be constructed Prior to tan-
shay I, 1052,nulla then nd phis Ordinance
SECTION 7. WHEREAS. to the
opinion of the Commission a emer-
gency exists, this ordinance shall
take effect immediately atter Dubil-
caion hereof,
Passed by the Board of Commis-
loners of Salt Lake City,Utah,this
ZOOS day of April,A.D.,1950.
EARL J. GLADE,
Mayor.
lyh1A P'. AITNER.
ty necorde,.
I(SELrLLS
I PILL NO. 37
j Published April 24th,19i0
3 7