38 of 1955 - Granting to Oregon Short Line Railroad Company ( Union Pacific Railroad Company Lessee ) its succe - - __ -I 7 - - ---- -- _
VOTING AYE NAY May 19th, 1.955
Salt Lake Ciry,Utah, ,194X
Burbidge
CliElgansen (r' I move that the ordinance be passed.
Naho1es `.''
ne `/.
Mr.Chairman . . /
Result
38
ORDINANCE NO.
AN ORDINANCE GRANTING TO THE OREGON SHORT LINE RAILROAD COMPANY
(UNION PACIFIC RAILROAD COMPANY, LESSEE), ITS SUCCESSORS AND ASSIGNS,
A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A STANDARD GAUGE RAILROAD
SPUR TRACK ALONG AND OVER THIRD WEST STREET AND ACROSS FIFTEENTH SOUTH
STREET, ALL IN 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 and
given to Oregon Short Line Railroad Company (Union Pacific Railroad
Company, Lessee), a corporation, its successors and assigns, to con-
struct, maintain and operate a standard gauge railroad spur track along
and over 3rd West Street and across 15th South Street in Salt Lake City,
Utah. The location of the center line of said spur track as it is pro- �-
o I posed to be constructed along and over 3rd West Street and across 15th
South Street being more particularly shown in yellow upon the print
which is made a part of the Petition for this franchise. The descrip-
tion of the center line of said spur track being as follows:
4-3
-P beginning at a point 7.8 ft. North and 13.0 ft.
a West of the city monument at 3rd West and Andrew
Avenue; said point being the center line of an
existing track at a point of tangency at Engin-
e> •m ser's Station 50+00; said tangent being parallel
,--i m auto and 13.0 ft. perpendicularly distant westerly
o• ms
from the monument line of 3rd West Street; thence
southerly 37.6 ft. along the arc of a curve to the
'0 • right having a radius of 881.94 ft. to a point of
o• m switch; thence northerly 46.5 ft. along the arc of
0 a curve to the right having a radius of 762.75 ft.
as x ;> to a point on the north line of Andrew Avenue
a, produced, 16.5 ft. north and 11.0 ft. west of said
o city monument at 3rd West and Andrew Avenue, which
1-1
.1.1'N point is the true point of;beginning; thence
t U:o continuing along said arc of curve having a radius
w O H of 762.75 ft. for 35.9 ft. to a point of compound
•' 0 curve; thence northerly 92.9 ft. along the arc of
,, a curve to the right having a radius of 553.45 ft.
• 'd`o to a point of tangency; thence northerly 46.9 ft.
N along said tangent to a point of curve; thence
.�i• ro I northerly 11.5 ft. along the arc of a curve to
° the left having a radius of 262.04 ft. to the
north line of 15th South Street.
- 1
Section 2. That said franchise and grant is made upon and shall
be subject to the following conditions:
(a) That said track shall be constructed and laid
so as to conform as nearly as practicable to the street
level now existing and if said track does not run on
the same level as the surface of said street as it now
exists the grantee will alter and rebuild the said road-
way a reasonable distance back from said spur track as
it crosses and runs along said street, and will change
the grade so that the surface of the street will conform
to the grade of said spur track and so that no unneces-
sary impediment will be caused to traffic traveling said
street, and if said grade is afterward changed by ordin-
ance of the Board of City Commissioners, the grantee
will, 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 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 street, 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 Commis-
sioners.
(c) Good and sufficient conduits to convey water
shall be laid and maintained in good condition at the
Ij expense of said grantee in all water ditches crossed by
said track so as to admit of free passage of water.
Section 3. Nothing in this grant shall be so construed as to
I prevent Salt hake City or its authorized agents, or contractors or per-
sons or corporations to whom a franchise may have been or may hereafter
be granted, from paving, sewering, laying gas or water mains, pipes or
conduits, altering, repairing or in any manner improving said street.
And the grantee shall at its own expense support the tracks while the
city excavates under the tracks for the laying of water mains, sewers,
pipes or conduits, or for altering or repairing the same.
Section 4. 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
II
II
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�i
franchise is granted, or if there is a substantial abandonment of the
use of said spur track for said purposes, said franchise shall be void-
able at the option of the Board of Commissioners; and if so ordered by
the Board of Commissioners, said spur track shall within thirty (30)
days thereafter be removed and the street restored to a condition uni-
form with the balance of said street with respect to grade, materials
and construction, and to the satisfaction of the Board of Commissioners.
In the event of the failure of said Railroad Company to remove said
track and restore said street upon such action and within said thirty
(30) days, the said work may be done by Salt Lake City at the expense
of the Railroad Company.
Section 5. 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 constiructed wit' one (1) year from the date of such
passage, then this ordinance`ls be null and void.
Section 6. Whereas;in thy} opinion of the Commission an emergency
exists, this ordinance shall take effect immediately after publication
hereof.
ZP sed by the Boardbf C issioners of Salt Lake City, Utah,
this \O day of », Y6104 , A.D. 1955.
•
/? I
/ MAYOR
CI
(SEAL)
38
BILL NO.
Published May 23d, , 1955
- 3 -
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EXH 1 b.
- UNION PACIFIC RAILROAD COMPANY
Salt Lake City,Utah
',\ I Proposed, Franchise From Salt
-
RLeeke City Cao oration to Cover
Fifteenth Sou n Streets
st And
Scale l"-401 April 30,1955
Utah Division No. 2450
* LEGENND •
Prop.New Spur Track Shown Xellow
1
FORM ND.ADM 35A
Proof of 1nhliration
liniftd Otago of Ameniru
COUNTY OF SALT LAKE j ss.
STATE OF UTAH
ORDINANCE
AN ORDINANCE GRANTINGILAI)
THE OREGON SHOAT LINF.RAILROAD
COMPANYCO (UN1, PACIFIC HAIL-
ROADSSCOMPANY,LESSEE),ITS SAC-
•CHISEAS AND ASSIGNS, A FTAIN
ANISE TO TEA STAND MAINTAIN
AND OPERATE A STANDARD ALONGGAUGE
AND
OVER THIRD WEST CSTREE AND
Dg pia Ockey
ACROSS FIFTEENTH SOUTH STREET,
ALL IN SALT LAKE.CITY,UTAH.
BE IT ORDAINED BY THE BOARD being first dulysworn, deposes and says, that he is the Principal Clerk of
OF COMMISSIONERS Or.SALT LAKE ➢', p'
CITY.UTAH:
' Section 1.A franchise and right of
yay is hereby granted and given to Ore.
sonShort Line Railroad company the DESERET NEWS SALT LAKE TELEGRAM, a newspaper published in
(Union Pacpore corpic oration,Its 00005nors Les-
fissigns,to construct,maintain end oper-
ate standard gauge nhaeaa Salt Lake City,Salt Lake County,State of Utah.
tracka along 1 c 3rd'West Street
and across 15th South Screen in Salt
0 Lake C Utah.Thelocation,of the
center line
o said
track s It is
• ropose5 tobecon constructed nil and
over.3rd west Street and a0ross•15th That the Notice of An Ordinance Granting Oregon Short Line
South Street being more particularly
show In yellow upon the Print which
Made.e.a part of the Petition for this Railroad Co a Right oftaaya
.franchise.The description of the center
line of said spur track being as follows,.
Beginning at a point 7.8 ft.North
and la.o'ft. est of the.city mono- Salt Lake City Bill No.38
ent at 3rd West and A,iilrew Ave-
nue;said point being the center line
of an existing track at a point of
traids cy attangent being Cea parallel tiTUE 0el to and
13.0 ft.perpendicularly distant mid-
dy(root the c t line f 3rd
West Street;thence sOutheriy-37.8 ft.
haang ving the
radius aofu.361.94 ft. to rve to ht
point of switch:thence northerly 40.'a5 of which a copyis hereto attached, was first published i❑ said newspaper in its
ft. long the are f a curve to the P
' right having a Fadius of 702.75 ft.•to
a point on the north lino of Andrew .a
Avenue produced,16.5 ft.north ml 73rkt
Sea westest of said city m monue.ment at issue dated the
pointch
is they true point of rew beginning: �,r
thence continuing along curve o da Of Mag
aid of y
having a radius f 762.75It. , 19 55..
for 35.9 ft.to a point f pound
curve;thence northerly 92.9 a.along
to mare of a curve to the right hawing and was published in each daily issue of said newspaper, o
dies of curve to a point f n
• tangency; thence northerly 459 ft.
long said tangent 10 a point of curve:
a thence northerly 115 4t. along the
are of a curve to the eft having for
a radius of 262.04 Et.to the•north•Ib,e "'-""---'-----'--'--
f lath SouthStreet.
Section 2. That said feenchiee and
grant is made upon and shalt he subiect one time
to the following conditions: - • thereafter,the full period of
(a)That said track shell be ill n.
•girt tea and laid> 'conform
as l0 nforas
'nearly as practicable to the street
level now existing and H•said track
u
does not r n the:tame level as
the last publication thereof
of said streets a it
i surface exists the grantee will alter and noe-
build the said roadway a reasonable
I distance back from said spur s crosses Mang
z']rd
It c and pile on8"said
being in the issue dated the J day of
[rest,eanda eda h R .e s gade'rCl
that the o the f th veldt spur
hack a to the g d e ssary im May 55
track and so that win
pediment will ba d to traffic - ..-.....---_ ..---_..--.._-. .....LL, ,A.D.19
travelingto id street, and if
grade is said
changed by
dinanee f the Beard of City Commis-1
atdners,that the grantee will,at its • /t
L
•
Subscribed and sworn to before rile this 24th clay /
May ,A.D. 19.-5,....
r ( C
Notary Public.
My coiu(nisssion expires......... 1957
Advertising fee $
n change the, elevation
of thexttraelc so as to conform to
the same.
lbt Whenever said street where said
track i constructed shall be paved,
teeresurfaced a red,the said z
,its s and a shall
resurface successors repairs between
then rails and for ra space of two
(2)feet outside of each rail with the
same kind of material used on the
said street,or with such other ma-
terial as may he approved by the
Board of Commissioners,and all tics
shall be laid upon a concrete base of
such thickness as shall be directed
by the Board of Commissioners.
(es Good and sufficient conduits
to c water shall be laid and
maintained in good condition at the
expense of said grantee in all wafer
ditches crossed
sed by said track 5 as
to admit offree p of water.
Section 3.Nothing in Ohio grant shalt
be to
construed to prevent Salt
Lake City to r its authorized agents.or
contractors orrations
to whom a franchise may,have been or
v hereafter he granted,from paving.
sewering, laying gas or water mains,
conduits. altering, repairinz
Andany manner improving said street.
the grantee shall at its o
sense support the tracks while the
city excavates under the tracks for the
laying of water to sewers,pines or
nnduits, or for altering or repairing
the same.
Section 4.This franchise tsgranted
for the period of fifty(50)years
's from
and after the passage of this
c d inence: provided, however, that if
for a period of nine c cutive months
during
the Ilf0 of this franchise said
r track is not used for the puroses
for which this franchise is anted,
or if there is a substantial abandon-
ment of tile u said c r track for
aid voidable
ate tie said franchise shall be
oidable the option of the Board
s;of Commissioner and if s ordered
bY the Board of Commissioners, said
ee
r track shall within thirty(30)days
thereafter be removed and the street
restored to a ondiie uniform with
a
the balance of said street with r ect
to grade, materials and construction,
and to the satisfaction of the Board of
Commissioners.to the event of the fail-
ure
of said Railroad Company to re-
move
said track and restore said street
upon such action and within said
thirty (30) days, the said wait roar
be done by Salt Lake City at the ex
pease of the Railroad Company,
Section 5. Unless this grant and all
the terms and conditions thereof shall
he op ted,in writing,by the Grantee.
herein within thirty (30, days after
the taking effect of this ordinance,and
unless such track be constructed within
¢ (1) year fromthe date of such
passage. then this ordinance shall be
melt and void.
Section 6.whereas In the opinion of
the Commission an
emergency exists,
this ordinance shall lake effect im-
mediately after publication hereof.
Passed by the Board of Commission-
ers of Salt Lake City.Utah,this 10th
day of May,A.D.105.5.
Earl J.Glade
Mayo(SEAL) Herman J.Hnigensen
City Recorder
BILL NO.36.
Published May 23rd,1055. IA ito)
3F