39 of 1929 - Ordinance 39 of 1929; Granting franchise to the Salt Lake and Utah Railroad Company for track across VOTING AYE NAY Salt Lake City,Utah, October 29th 192 9
Burton
:-
Fehr / I move that the ordinance be passed.
IggiE
Finch 1
,t
Moran V _
Commissioner,,o Stree s-& Public Improvements.
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Result
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Ir
AN ORDINANCE
An ordinance granting to D.P. Abercrombie as Receiver
for the Salt Lake and Utah Railroad Company, his successors aid
assigns, a franchise and right of way to construct, maintain and
operate a single spur track running from north to south across
Fayette Avenue about 149.5 feet west of the west line of Main Street
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 to D.P. Abercrombie as Receiver for the Salt Lake and
Utah Railroad Company, his successors and assigns to construct,
maintain and operate a single spur track running from north to
south across Fayette Avenue about 149.5 feet west of the west side
of Main Street in Salt Lake City, Utah.
Section 2. During the term of this franchise the
grantee, his successors and assigns, 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 afterward changed by ordinance of the board of commissioners,
the grantee shall, at his own expense, change the elevation of the
track so as to conform to the same.
(b) Whenever said street where said track is con-
strutted shall be paved, repaved, resurfaced or repaired, then said
grantee his 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, and all ties shall be laid upon a concrete base of
such thickness as shall be directed by the Commissioner of Streets
and Public Improvements.
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 so to do, the city shall have the right to pave,
repave, resurface or repair said surface or area aad the grantee.
agreeato reimburse the city for the total cost of said work, labor
and material.
(e) The said spur tracks shall be laid, end the road
operated so as to cause no unnecessary impediment to the common mad
ordinary use of said street upon which .it is laid.
(d) Good end 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 speed of all trains, engines and care operated by
the grantee, his successors and assigns, upon the spur track,.
aforesaid. Neither the engines nor cars shall be permitted to
stand on said spur track on Fayette Avenum.
(f) That if, in putting in said spur track, , said
grantee shall remove or in any manner interfere with the pavement,
sidewalk, curbs, gutters or waterways on said street, it shall re-
place such pavement with the tame3or such other material as shall
•
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, be 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 coruct 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 con-
strued 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, severing, laying
gas or water mains or pipes, altering, repairing, or in any manner
improving said street, but all such improvements shall be made
with as little injury as practicable to said spur track. and the ,
operation thereof.
Section 4. The said grantee herein, his successors
and assigns shall, and by the acceptance of the privileges and
franchises herein granted, and in consideration of the same, does
bind himself, his successors and assigns, upon his 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 other-
wise by reason of the granting of this franchise, or by reason of
the operation of said spur track_ .and that the grantee, is successors
and assigns will pay the amount of any judgmemit, determination or
adjudication which in any suit or proceedings may or shall be found
against Salt Lake City, and the said grantee, his 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. , provided, however,
that said grantee, his successors and assigns, shall have had notice
of any such suits and an opportunity to appear and defend the same.
Section 5. This franchise is granted for the period
expiring on the first day of January, A.D. 1962; provided, however,
that if for a period, of nine consecutive months during the life of
this franchise said track, or any part thereof .is not used for the
purpose for which this franchise is granted, or if there is a sub-
stantial abandonment of the use of said trsok..• 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
tracke,shall, within thirty 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 said grantee to re-
move said track, and to restore said street upon said notice, and within
thirty days thereafter, the work may be done by Salt Lake City at the
expense of said grantee.
Section 6. Unless this franchise amd all the terms and
conditions thereof shall be accepted in writing by the grantee herein
within thirty days after this ordinance becomes effective, and unless
said track be constructed within one year from the effective date
thereof, therm 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. c--
Passed by the board commissioners of Salt Lake City,
Utah, this 1' 7t day of plc ra ' , 1929.
kTempora y Chairr an
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Proof of 1uldirratiu n
31tatteh#tateo of Amertra
STATE OF UTAH ss
COUNTY OF SALT LAKE
do Ordtnaefoe granting to D P Aber
b �tyy5s'�Receiver for the Salt Lake
AraRa ooplpehi hfa°nccea
r} a EEtlsyehte°era right HARRY WOL T
a t erne aolt ru nin ngd es
crate a oangle 500 spur ttrrunck ruune ere
arum l LO South acre&Payette avenue
S it ly at feet Treat Of the west line
Of.. ath street in Salt Lake City Utah
e it ordained by the board of coin, being first duly sworn deposes and says that he is the Principal Clerk
Csfl elenere of Salt LLepke City Utah
Sidon 1 t franehiae and right of
WAY IS hereby granted to D P Abe
earnbie as'Weaver for the Salt Lek
&DMA
to
mpa12 y Ict is mein of the SALT LAKE DAILY TRIBUNE a newspaper published in
ilyddopea�ate a Single spur track run
� ffdm north to south across Pay
2t avenue abort lags feat Treat or Salt Lake City Salt Lake County State of Utah
Dtiatvle0ogi tide o1 Awe street in Salt
e Clty rfteh
ebtl u y Duringtee}he term of this
faa'nne �e�'iet She hallgra beet subject torove in That the Notice ORD INANCE f 1 ILL 1Y 0 39 0
0110,Whig e0nditeons via
(a} That bald °put track shall be
1a14 upon end conrordl to the est,b
tithed Made of said street and If said'Wade is afterward
SALT LA.IOJ CITY CURPURATICT7
ged by
• R a of the board of ncoommlo ion dl
the grantee shah at his own°:pens
0gsr)ge the elevation of the track so QFFIC.� OF TRb CITY R;:tCORDI 3a
ad to 0050rm to the same
IS) Wh0never said street Where said
track is constructed shall be paved e
paved reed or repaired then S Id
g hie ebabtee hId uoeessors and °Seipp
ball pa repave resurface or rep I
betweenthe meld and for a p of
two feet outside of ri each rail witho s h of which a copyis hereto attached was first published in said news
same kind of material used n arils
street or with such other material
may be approved by the board of core
ulteaionere and all ties hall be loll
upon a concrete base of each thickne paper in its issue dated the ,i 0 th
as Shall be directed by the r
Monet of StreetsImpov and Public Improve
t"Ies
n the event said grantee shall I t day of Cc t ohes 192 9
to pave repave resurface or r pair nit
e ntface any area as herein required 10
tioh dm°drn the boards of Q6comm ealnners and was published in each daily issue of said newspaper on
do to do the city e)1a11 have the rlghv
10 pay reps eaurf p 1 d
relsurface or area and the grantee ag ee
to
to relmbur e the city for the total cost October 60 th for
Of said work labor and materl 1
(o) The said spur track hall be laid
and the road operated so as to cause
no unnecessary to pediment to the coin
moo and ordinary use of said street thereafter the full period of one insertion
upon Which it is laid
(d) C30od and eufflclent conduits to
a
convey water shall b laid and main
Peaea to goodaiantescondition at the ex
to the last publication thereof
diitches of
➢°se d spur°all
so
ea to admit bf free pas age of w t
(e) SelE treke City re ervoa the rigl t
to regulat and o t of the
all traine,dnggines and Cars operated by being in the issue dated the 30t17, day of
the ersatee Ma eucceasees and assigns
upon a ephr track aforesaid Ninththo engines nor mire Awl be permit
I
tear tend on AK spur Week on October 192 9
e avenue
Subscribed and sworn to before me this SOth day of
October A D 192 9
i
otary Public
Advertising fee $
At
to That If in putting In said sour
' any Msiddanner rantee all mthe pa eove or l
interfere with
mont sidewalk curbs gutt rs r watt
ways on said etre t it shall rep o
such pavement with the same or such
other material as shall be ord ed by
the board of commissioners and 1 all
replace such sidewalks curb gutt r
and waterways to the atisf alto
th Commissioner of St is and Pub
I lie hopes ements and hall so obstruct
the gutters and wat rwars th t th y
will an et the f pas ag of w t r to
the satisfaction of said commissioner
Section 3 Nothing in this grant shall
be ors trued so as to prevent S It
I Lake City or its authorls d gents con
tractors persons or corporations to
whom a franchise may have been or
may hereafter be granted from Wittig
sewering 1 ying gas Or water main o
pipes site ing repairing or in any
manner Improving said street but all
such fmprov merits shall be made with
s as llttl injury as practicable to said
1 spur track and the operation there0l
Section 4 The said grantee herein
his successors and assigns shall and by
the acceptance of the privilege and
i fr noises her In grant d and in con
i.aiderstion of the same desa hind irim
I self his successors and assigns upon
I his acceptance of this frenchb t
s ve the city harmless from all cults
claims demands and judgments what
waver whether 1n law or in equity
which shall be asserted found or n
I diced in any manner whate0ave
against aid city for injury or damage
to abutting p operty or otherwis by
reason of the granting o f this frsnchis
or by reason f th op ration f said
spur track and that the grantee hi
uc0ess0rs and assigns will pay the
amount of any Judgment determine
Um Or adjudication which in any suit
or prone dings m y or shall be found
against Salt Lake City ad the said
grantee hie succes o and a Ian
shall appear in and defend all action
brought ag last S It L ke City for any
Injury Or dameg by reason-of the on
I struction operation or maintenance of
said spur track pros ided however that
I said grantee his successors ad assign
I shall have had notice of any such suits
and an opportunity to appear and d
fend the san e
Section 5 This frenchf a 1s granted
foof January the period eA ID g16e2 the first
dayp evicted
I however that 1f f r period of nln
censecutiv mom the dt ins the III of
this 1 an hiss 6 id track o oy pa t
th reef is not u ed for th pu po to
which this franchise 1s gr rated r if
I there is a substantial bandonment t
the use of said tr ck or anyv rt tilts
t of--this-iranahiee shall bevoid bl at
the option Of the bo rd of coming
stoners and if so ordered by the board
of commie loners said tracks eh it
within 30 days after notice b bye rd
Smote
a t remed or from
atc aditf n nut
f rm with the balm a of mid treet
with aspect to grade materials and
construction to the eatiaf ction of the
Commis 1 n r of St Bets and Publ
Impr vem iota In oh eat of f Ilur
Of said grantee to emove said track
and to restore aid street upon said no
tics and within thirty days thereof
ter the work may be done by Salt
I Lake City at the expense of said gran
tee
Section a Unless this franchise and
all the terms and conditions thereof
shall be accepted in wilting by th
grantee herein within thirty days site
this ordinance becomes ffect e and
Unless said track be constructed with
In one year from the effective date
thereof then this ordinance shall be
null and void
Section 7 Whereas In the opinion of
the commission n Men n y eai fe
' this ordln rice sh 11 take effect frame
dlately after publication hereof
Pass d by the boa d o1 oommmisei0n
ere of Salt Lake City Utah this 3sth
day of October HARRY L PINCH
latloTNneorer9 Chairman
bill NTdaddoasld CSOY Recorded
39
Published October 30 1139
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