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38 of 1950 - Granting to D. & R.G.W.R.R.Co. ( Dever and Rio Grande Railroad Company ) a franchise to construct , Salt Lake City,Utah, ;ri rU MU ,195 VOTING Aye Nay Affleck I move that the ordinance be passed, Christensen . . . Lingenfelter . . Romney . . . . Mr. Chairman . . AN ORDINANCE Result AN ORDINANCE GRANTING TO -LKDENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SU , SSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, OPERATE AND MA AIN STANDARD GAUGE RAILROAD TRACKS OVER AND UPON SIXTH WEST :TREET BETWEEN SOUTH TEMPLE STREET AND SECOND SOUTH STREET . 1 OVER AND ACROSS THE WEST HALF OF FOURTH WEST STREET BETWEEN SOUTH TEMPLE STREET AND NORTH TEMPLE STREET AND OVER AND ACROSS THE WEST HALF OF FOURTH WEST STREET NEAR THE INTERSECTION OF SAID FOURTH WEST STREET WITH FOURTH'NORTH STREET ,-AND OVER AND ACROSS FIFTH NORTH STREET BETWEEN FOURTH WEST STREET AND FIFTH WEST STREET AND OVER AND ACROSS SIXTH NORTH STREET BET- TWEEN FOURTH WEST STREET AND FIFTH WEST STREET AND OVER AND ACROSS FIFTH WEST STREET BETWEEN SIXTH NORTH STREET AND SEVENTH NORTH STREET AND OVER AND ACROSS EIGHTH NORTH STREET AND SIXTH WEST STREET NEAR THE INTERSECTION OF SAID EIGHTH NORTH STREET WITH SAID SIXTH WEST STREET, in Salt Lake City, Utah. '3G Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. A franchise is hereby granted to the Den- ver and Rio Grande Western Railroad Company, its successors and assigns, to construct, operate and maintain standard gauge rail- road tracks ovef and upon Sixth West Street between South Temple Street and Second South Street and over and across the west half of Fourth West Street between South Temple Street and North Temple Street and over and across the west half of Fourth West Street near the intersection of said Fourth West Street with Fourth North Street and over and across Fifth North Street between Fourth West Street and Fifth West Street and over and across Sixth North Street between Fourth West Street and Fifth West 38 Street and over and across Fifth West Street between Sixth North Street and Seventh North Street and over and across Eighth North Street and Sixth West Street near the intersection of said Eighth North Street with said Sixth West Street, in Salt Lake City, Utah, the center line of said tracks being more particularly described as follows. TRACK A.--A track on Sixth West Street beginning in the existing freight main track at a point about 260 feet south of the south line of First South Street, thence turning out to the right and running northerly about 175 feet; thence north parallel with and 15 feet east of existing freight main track about 150 feet to the center of First South Street; thence northerly and northeasterly on a 7 deg. 15 min. curve to the right about 275 feet to the east line of Sixth West Street at a point about 190 feet north of the north line of First South Street. TRACK B.--A track on Sixth West Street beginning in the above de- scribed track at a point about 30 feet north of the north line of First South Street thence turning out to the left and running south- easterly on Sixth West Street and across First South Street on an -pproximate 15 deg. 30 min. curve to the left about 275 feet to the ast line of Sixth West Street to a point about 90 feet south of he south line of First South Street, said track being a relocation .f an existing spur track in Sixth West Street. !RACK C.--A track crossing the west half of Fourth West Street from : point in the west line of Fourth West Street about 315 feet north f the north line of South Temple Street, running thence northeaster- ! iy across Fourth West Street on an $ deg. 45 min. curve to the left 'bout 250 feet to the original center line of Fourth West Street :t a point about 125 feet south of the south line of North Temple i.treet. !RACK D.--A track on Fourth West Street beginning in the original enter line of Fourth West Street at a point about 110 feet south f the south line of Fourth North Street and running thence north- ! esterly on Fourth West Street and across Fourth North Street on 1 deg. 30 min. curve to the left about 470 feet to the west line f Fourth West Street at a point about 220 feet north of the north line of Fourth North Street. TRACK E.--A track crossing Fifth North Street from a point in the south line of Fifth North Street about 550 feet east of the east line of Fifth West Street and running thence northwesterly across Fifth North Street on a 1 deg. 30 min. curve to the left about 140 feet to the north line of r'ifth North Street at a point about 505 . eet east of the east line of Fifth West Street. RACK F.--A track crossing Sixth North Street from a point in the outh line of Sixth North Street about 185 feet east of the east line of Fifth West Street and running thence northwesterly across i.ixth North Street about 152 feet to the north line of Sixth North Itreet at a point about 111 feet east of the east line of Fifth lest Street. RACK G.--A track crossing Fifth West Street from a point in the last line of Fifth West Street about 190 feet north of the north line of Sixth North Street and running thence northwesterly across fifth West Street about 269 feet to the west line of Fifth West treet at a point about 425 feet north of the north line of Sixth lest Street. (RACK H.--A track crossing Eighth North Street and Sixth West Stree• from a point in the south line of Eighth North Street about 90 feet last of the east line of Sixth West Street and running thence north esterly across Eighth North Street about 152 feet to the north line if Eighth North Street at a point about 16 feet east of the east line of Sixth West Street; thence across Block 109 Plat 'Cf, Salt Make City survey, to the east line of Sixth West Street at a point bout 2$ feet north of the north line of Eighth North Street and funning thence northwesterly across Sixth West Street, about 269 !act to the west line of Sixth West Street at a point about 262 feet north of the north line of Eighth North Street. !RACK I.--A track in sixth West Street and Eighth North Street be- )inning in the last described track H at a point about 90 feet loutheasterly from the west line of Sixth West Street, thence turn- ig out to the right and running southeasterly on Sixth West Street d Eighth North Street about 345 feet to the south line of Eighth A North Street at a point about 42 feet east of the east line of Sixth West Street; also a track beginning in the above described track at a point about 230 feet southeasterly from the west line of Sixth West Street, thence turning out to the right and running southerly on an $ deg. 30 min. curve to the right about 200 feet to the south line of Eighth North Street at a point about 20 feet east of the east line of Sixth West Street, the two aforementioned tracks being a relocation of existing industry tracks. The location of the center lines of said tracks is graphically shown in yellow upon the attached print, which is here by made a part of this ordinance. SECTION 2. During the term of this franchise, the grantees, their successors and assigns shall be subject to the fol ow- ing conditions, viz.: (a) That said tracks shall be laid upon and conform to the established grade of said streets, and if said grade is afterward changed by ordinance of the Board of Commissioners, the grantees shall, at its own expense, change the elevation of the tracks so as to conform to the same. (b) Whenever said streets where said tracks are con- =tructed shall be paved, repaved, resurfaced or repaired, then said :rantees, their successors and assigns, shall pave, repave, resur- ace or repair between the rails and for a space of two feet out- -ide of each rail with the same kind of material used on said stree s, it with such other material as may be approved by the Board of ommissioners. - In the event said grantees shall fail to pave, repave, iesurface, or repair and surface any area as herein required for a leriod of thirty (30) days after notice from the Board of Commis- ioners so to do, the City shall have the right to pave, repave, Resurface or repair between the rails or said surface or area and he grantees agree to reimburse the City for the total cost of said ork, labor and material. (c) The said tracks shall be laid and the road operated • as to cause no unnecessary impediment to the common and ordinary :e of said streets upon which they are laid. (d) Good and sufficient conduits to convey water shall be laid and maintained in good condition at the expense of said grantees in all water ditches crossed by said tracks so as to admi of free passage of water. (e) Salt Lake City reserves the right to regulate and control the speed of all trains, engines and cars operated by the grantees, their successors and assigns, upon the tracks aforesaid. Neither the engines nor cars shall be permitted to remain on said tracks. (f) If, in the replacement or maintenance of said tracks said grantees shall remove or in anynanner interfere with the pavement, sidewalk, curbs, gutters or waterways on said street, it shall replace such pavement with the same or such other materia as shall be ordered by the Board of Commissioners and shall re- place such sidewalks, curbs, gutters and waterways to the satis- faction of the Commissioner of Streets and Public Improvements, and shall so construct the gutters and waterways that they will allow the free passage of water to the satisfaction of said Com- missioner. SECTION 3. Nothing in this grant shall be construed so as to prevent Salt Lake City or its authorized agents, contrac- ors, persons or corporations to whom a franchise may have been or ,ay hereafter be granted from paving, sewering, laying gas or ater mains or pipes, altering, repairing, or in any manner improv- ng said streets, but all such improvements shall be made with as little injury as practicable to said tracks and the operation hereof. When Salt Lake City undertakes to place any utility under aid tracks, the grantees shall at their own expense underpin and I.rotect its tracks while said utility is being placed under the racks. SECTION 4. The said grantees herein, their successors ind assigns, shall, and by the acceptance of the privileges and Iranchises herein granted and in consideration of the same, does hind themselves, their successors and assigns, upon its acceptance .f this franchise, to save the City harmless from all suit, claims, •emands 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 tracks, and that the grantees, their successors and assigns, will pay the amount of the judgment, de- termination or adjudication which in any suit or proceedings may or shall be found against Salt Lake Uity, and the said grantees, their successors and assigns, shall appear in and defend all action: brought against Salt Lake City for any injury or damage by reason of the construction, operation, or maintenance of said tracks, pro- vided, however that said grantees, their 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 a 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 tracks or any part thereof are not used for the purpose for which this franchise is granted, or if there is a substantial abandonment of he use of said tracks or any part thereof, this franchise shall .e voidable at the option of the board of Commissioners, and if so ordered by the Board of Commissioners, said tracks shall, ithin thirty (30) days after notice be by said grantees removed rom the street and the street restored to a condition uniform with he balance of said street with respect to grade, materials, and construction to the satisfaction of the Commissioner of Streets =nd Public Improvements. In the event of failure of said grantees o remove said track and to restore said street upon said notice =nd within thirty (30) days thereafter, the work may be done by salt Lake City at the expense of said grantees. SECTION 6. Unless this franchise and all the terms =nd conditions thereof shall be accepted in writing by the grantees 1 erein within thirty (30) days after this ordinance becomes effec- ive, and unless said tracks be constructed prior to January 1, 1952, then this ordinance shall be null and void. SECTION 7. Whereas in the opinion of the Commission an emergency exists, this ordinance shall take effect immediately after publication hereof. Passed by the Board of Commissioners of Salt Lake City Utah this za{.day of , A. D. 19 ,_--� May City. Recorder. ORDINANCE AN THE ll NDVIER NANANDCE GRIO ANTGRANING TO DRAILR n}nn■ FRANCHISE. AD of Publication T. FRANCHISE A CONSTILUCI, RD 1 u r Publication ix GAU E AND MAINTAIN TRACKS O a S ANDNDGU ON SIXTH TRACKS DEER I EENM SIXTH WEST STREET I AND E SOUTH TEMPLE STREET AND SECONDN :STREET AND OVER AND ACROSSR THE BEET HALF BETWEEN FOURTH WEST STREET D SOUTHE TEMPLE E STREET AND NORTH TEMPLE STREET AND }33 OVER AND ACROSS 'STIR WEST ET NEAROF TH OUINTE INTERSECTION OF SAID FOURTH WEST STREET WITH FOURTH NORTH STELES ' AND OVER AND ACROSS FIFTH NORTH STREET A F.T W E C N FOURTH WEST STREET AND FIFTH WEST STREET AND OVER AND ACROSS SIXTH NNRTH STREET RETNVF.EN FOURTH WEST • r1. AND FIFTH WEST STREET AND OVER AND ACROSS FIFTH WEST STREET BETWEEN SIXTH NORTH STREET AND SEVENTH NORTH Being first duly sworn,deposes and says that he is the ad- STREET AND OVER AND ACROSS DESERET �v}� �r NEWS, EIGHTHW NTNORTH STREETREEAR THE vertisingET AND clerk of THE DGSL'RL'T NGI YY S,a newspaper. INTERSECTION OF SAID EIGMI s X;I" EVTR'STEFDT 1n`g=tt Ilk. published in Salt Lake City,Salt Lake County,in the State Citl',Utah, Ho ft tPatneo by the Hoartd f of Utah. Comm4sslonorx [ S¢lt Lako CitS. DLSE: SECTION 1,VAI franchise and Torch],Ri granted e s pfny, Crouch Wester tad Railroad aaigns. to lit ;`opera€e"and maintain stand- That the advertisement lard gauge railroad tracks over and upon Sbah We>t Street between ,South Temple street and Second - �<+ ,Scutt.Street and over and ar,rnsx t„e �n..;)r�_i-:�-,r._et, to eon T mple out and Nor, Tempthe wlest half and over and of Four.West Street the Intersection of awl Fourth and overt over Lad, Fourth North Street Fifth North Street vbe,tmt,'Fourth Wert and Fifth.Wes,Street and over and Sixth North Street between Fouorth West Strict and Fifth Wost t al. AndGebetween Sixths North was published in said newspaper, in its issue dated, the Sheet and Seventh North Street.,and overand- as REighth North Street and sixth west street neat the In- day of A.D.19 torsectfon of sold Eighth North Street with Bald Sixth West Street, to Salt.Lake City,Utah. the center line of awl('tracks being more Par' 50 ti TRncKdn ermei ark follows, west and was published Oil :+nT 1 24� ;' Strecr hezlnatn4rkin t the to existing 200 fL teas+,Ica nf the" ¢ the last publication thereof being in the issue dated the kip Flrxtt Sen.h'St+ee, thence turn- ingnortherly out to the right and t nnitt? 0 .bout -VS feet: then.? r,li day of north toilet with¢d Id feet a.. - , , A.D.19 f exl.cl R freight+ l t k hoot 1,4 f L t 2h ore CFI t South f eaatet Il orth 15 1 rrve � 1 (.� j. sSEE '1 dtR N Seri j to the right bout West Sect to tithe east line f sixth west street at Advertising Clr-k'"/ point bout 100 feet. n th of the th line o1 Fleet Sooiruoh Street. NOOSE A.—A L[Ill he Sixth West Street. beginning t In the above. de' scribed track at n Point about 30 feeutnorth Street thnSIII th Ning line I+tt to st South iet6 and Sure; �xot�;t00,0 out on 9 before me this `_j tit day o f • ti sixtt wen street e e acron an m,ao-. Is doe-10+n1n,t line of Sixth zw, test le the 00 A.D.19 'o.o si+- stout at Souttem.'ee1 the saidsou. !Hook line Fe- nation of .n exstinE spun Dark i SI I Weft Slaw TRACK I A tr atk riossiugthe / weal'half f i JI W I St t from p t l e th v II t P rf / I ) lM1 er. th S I hshoat JS feet n :tl o Street. t flne running thence1S o th T.t iIv . Forth Ate.t sehotl on annni� Notary Public clog s4s min.c r Ilea 250 fool,to the"original erne.- about L5 too-.son brief ihrtaontn line heg of TRAC NontbK D Temple Size e nurth West Setter beginning In the eta, Ina l renter tine of out 11 ifeet set. at pout about f feet Nutt of the-ouch line.of tame- rye North Street end dla running hwes.eri"n FNoe h West Street nd v =Fourth curve o Street o n I daft rn'in m r the a tlst d Ircf. In. bnu F'el IA 4nn weat s ee the a.Pnintfnbout r net a line of FOl tent obrthr f EStreet north Fb Tt al S I,,r reek etasome Ieif01 TRACKt Ner:h .rcct ln'othe c+th lief n'Ir Fltth nu, rth In Sul`✓ e(t_ 1.lh a. of t -I ,u thew, nor 11 'cL �n nR Ptf;t urvet to the left about r140 Ieet Ito the north line of Fltth North Street at a point about 505 feet east of the t.line ti F,Ra ach West Street.°ixth (II If, In the replacement o TRACK l nt a i North Street from point gin the of said sale uh of Sixth North Street grantees shallr r In anyman- :Inc,.I1185r feet cast of the east Ins interfere with a the nevemett, of Filth West street, and running cfdew alk, curbs, gutters o -water- ,hence onthweste across Sixth ways on sand streets,it shall replace North.Street at 152feeta to the such pavement. with the sme or nor.al tin of Sixth North Street at such other meters as shell he a a point aboltt 111 feet east of the dared by the Hoard of Commissioners cart line af Fifth West Street. and shall replace siluoh sidewalks, Tape acre G.-4 trark rrossi arecurs. nd s to e east line of fifth West Street about 190 'Streets and o Public Improvements, felt north of the north)ins of Sixth and shall so construct the gutters North Street and running thence.1 and waterways than.Lic,will allow across cro s Fifth West Coe free passage of water to the Street about 2E9 feet to the west line satisfaction of said Commissioner, ' rf Fifth West Street Rt n point about SECTION 3.NOthfng in this grant 425 feel:r rth et the north line of shall be c n trued so as to prevent I Slxl.h went Street. Salt Lake City or its authorized TRACK II, — A beer crossing agents,coast^actors,epersons or con• Eighth North Street d Sixth West here be to whom fneesatts may Street from a point and the south have been r may hereafter be line.of Eighth North Street abous 90 granted a ne.te acing,mains eNIpe 7�y let f l th I f SI ce t g t, ep tl g in an or y Pines.ale 1 northwesterly Streetekt d r thence improving Id streets.but all such F.1 h N h Street be made with 1h 1 f. ,l n Improvements pittlen injury practicable to sold line ! g'th North t s paint tracks and the operation theernt Cl,feet f the t l 1 R W. 5 tacrossWhenSalt Lake City a,estda�kes to Mock 1 9 Plat G e I Lake y P1 Utility under.said tracks, } tothe u lineSixthWest thegrantees shall at their own ex• Cr G t a point about Ai feeto h Iry underpin and protect Its tracks Jnr Toth Ilea of Eighth Northhile said utility is being Placed'' IStrrer•nectar and running thnrel Stine- under the tracks. c l'IY a sot Sixth 4Vo.sf line a, SECTION 4. The .said grantees esf herein,their s c and assigns,about 'f,69 eleel, to Ibexwest point of shell,and b n then ereeptance sf gthse Sixth et north Street t privl:eggs d Irenchises herein Eighth the N ph , the north line o of granted and In consideration of the t•�IghtR [h 9tt cot do bind themselves, their TRACK I.—A track in Sixth Wes, Street and 21gh'th N nth Street be. successors s and assigns, pen its ac ginning In the last described ck Ole harmless all suit easterly from the west line of Sixth claims, demands anew judgments •West Street. thence turning Out to whatsoever, whether In )an' or 1n 'the nigh`,and running southeasterly or which shall be assorted, star. n Sixth Wm. Street and Eighth a rendered In n)' i Try ee North Streets about 3er feet to the ever against said Citya ore injury or south line of Eighth North Street at damage W abutting property Or a point about 42 feet east.of the of by reason of the granting r,lf tote o!Sixth Wrst Street, also f this franehlsC or by i e, of a track beginning In he above c- he operation of sale tracks,nand -,,.t t ne at a from Incabout 230 that tithe grantees, their successors Ire[so w.heascerly e w w one and pent, ,will pay the amount oI Ilk'.Wesr.St.rrcr.then ee turning cationjudgment, determination madjudi- •nit'.a th^right and rnrnmg real'- reeedia which in any suit or pro- ,,ad army on deg.30 min. e l ngs S hail be found the r'.gh'about ton fort to the month against Salt Lake City,and the said lino of 1,1,11th r th Street a grantees, their success o and a point abonl yd feet eksl of Inc rest signs,shad appear In ant defend all Ilan of Sixth We:t, Street, the two actions brought urea or sett Lake a ror°mentioned I.racks being a _ City for any Injury or damage by of sxl W,,e;:mductry tree era- 'dentin of the aintenance of In la tracks, to The ion.deo of the eent,line,of .provided however that said said tracks graphically shown grantees, yellow upon the attached print,which hat had aaa]r er successors and assigns, shall Is hereby made a Dart of this ordi- '° nt any suits and an I oppor tunity no settee.and defend the a SECTION 2, During Inc term of same. SECTION 5. 'Pith franchise Is thi hlse 11 t their and assigns h)1 ee sub• granted for a period of fifty (50) I successor,�lect to thefollowing conditions Ids.: Years tram and free ithese date of (a)That said tracks,hall be Laid the passage ahnwever,that ordinance a pro- upon and conform to the estehhshetl a period' grads of ,Id streets, and 1f said of nine(9)consecutive months dun- grade is aftthe B changed by ordt• Ina the life of this franchise said' r ere not I s toners,the the Beard t Commis_ tracks orr any the purposeart feee wine this grantees shall, tits owe franchise Is hasapse,na,nos the oaelevationeyeWhenever same. xa saki tr abandonment of the (bt a said streets where. this safe[-racks or ell paint voidable said tracks ae nsuruaterl shah bee- ofc this franchise shall he v idame there- ' ,Paved rresuree cad or - at the eeoption of the loam f o • paired,thou said grantees,their sue, rn r and If no ordered by oche e Board fYeC I r tracka par, � -repair Ill t pave, he shall,within thirty(301 days ft_ railsd f t b id removed t,ld h 11 with the f e 1 from the streek and the,street kind of matt,.used on sold streets, stored to a condition uniformwith I Or with such other material as may the balance of s street with rr has approved by the Hoard of eem- sport to grade, materials, and r'a - neterbon¢rs, ,.traction to the sctisfaGt ion of the to the cent said grantees shalt ssioner of Streets and Subtle fall to earn, repave, resurface, or Improvements, In`he event of fell• repair and surface any area ass here- re. t said grantees T mace said (30)in eerlhysd ntlera nollrea ol cram hithe saidk notice end n and[ore within thirty toet ol Board of talon lso!onees so to de, days Thereafter, the ark may as the City shall have the right to done has Salt Lake City at the ex- pave. woen erne yr rails or or red pair coo he. pep. SECTION a1a.Unless grantees.Like franchise area and the grantees agree tea Ter and all Inc terms and andialene lmbulse the Clay for the Ioa!cost thereof shall he accepted in writing of said tier,tabor end material. by the grantees herein within thirty rc)The said tracks shall be told (30s days raftertIve this ordinance eId no the r� operated so as to cause s ffertive, d unless said g5 Com try Impediment to the !racks he constructed prior ntoe Snnn- nowmo unnecessary dinar, of sold coy 1,1952,then this ordinance shalt strer+Ss nu Pon which a they rlea recolnitl. Fe SECnulTION Ito W`hereas In the enln- (d)Goodwa d sufficient dulls Ian of the Commission emergent, convey Mar shall he lasde and xl.s'.s, Ills rdinanre shall take ef- fnaln�talned 1n good n condition cot rthe feet Immediately after publication -I l'Dense of said Meet In 11 ,ter ditches ro sod by said tracks a hereof. I to admit of free passage of water. s passed by 'he.Beard n/Cpmmis- (a) Salt Lake Clty r the stoners of Salt Lake City.Utah this right to regulate and control the 2pth day of April, A. n. 1., speed of ell-.rains, P;arl d clot oc,orsd d the ass,noon heir a Irm•a A1'.ner Mayo a Ig r n the tree It- era d-r [r i Neither theengines nor lee' ' - BILL NO.38 s h II bk)cr ill td to remain an 1 kubllshed April 14th,1950 eald t ticks. 38