39 of 1936 - Franchise for relocating transfer track on 6th West Street and ond South Temple Street near intersec Re,. 103
ROLL CALL 141
VOTING 1 AYE I NAY 1 ,,'Salt Lake City,Utah, / '--lit 19347
...-
Goggin ii.
I matat the ordinance be pass d.
Keyser
Murdoch ---
1Waistc
i I
Mr. Chairman - - •_1/ 1;__
Result 1 ,
I _I
3 '
AN ORDINANCE
AN ORDINANCE GRANTING TO TIC: DENVER RED RIO GRANDE WESTERN RAIL-
, ROAD COMPANY AND TO .SILSON McCART_HY AND HENRY SWAN AS TRUSTEES
OF SAID RAILROAD COMPANY IN REORGANIZATION PROCEEDINGS, THEIR
AND EACH OF THEIR SUCCESSORS AND ASSIGNS, A FRANCsISE AND RIGHT
OF `SAY AND THE RIGHT TO CHANGE LOCATION OF PRESENT TRANSFER
TRACK LOCATED ON SIXTH WEST STREET AND SOUTH TEMPLE STREET, SALT
LAKE CITY, UTAH, HERE THE INTERSECTION THEREOF AND TO CONSTRUCT
OPERATE AND MAINTAIN RELOCATED TRANSFER TRACK ON SIXTH SENT
STREET AND ON SOUTH TEMPLE STREET NEAR T :E INTERSECTION THEREOF,
IN SALT LAKE CITY, UTAH.
WHEREAS, on April 25, 1905, the City Council of Salt Lake
City, Utah, granted to the Rio Grande Western Railway Company,
its successors and assigns, by Bill No. 17, a franchise and right
of way to construct and operate a railroad track on and across a
portion of Sixth West Street between South Temple and First South
Streets and on and across a portion of Smith Temple Street between
Sixth West Street and Fifth West Street in Salt Lake City, Utah,
for use as a transfer track between said Rio Grande Western Rail-
way Companyts tracks and the tracks of the Oregon Short Line Rail-
road Company; and •
WIDEREAS, pursuant to said ordinance a transfer track was
constructed by said Rio Grande Western Railway Company at said
location and has since been continuously operated; and
WHEREAS, The Denver and Rio •Grande Western Railroad Company
has succeeded said Rio Grande Western Railway. Company in the own-
ership and use of said track; and
WI-IEREAS, said tracks of the Oregon Short Line Railroad Com-
pany are now leased to the Union Pacific Railroad Company; and
WHEREAS, said The Denver and Rio Grande Western Railroad
Company desires to change the location of said transfer track from
that set forth in said ordinance of April 25, 1905, Bill No. 17,
for the purpose of reducing the degree of curvature of such trans-
fer track, to the location hereinafter particularly described;
NOR, THEREFORE, BE IT ORDAINED BY TOE BOARD OF COMMISSIONERSOF SALT LAKE CITY, UTAH:
Section 1. A franchise and right of way is hereby granted ;T
to The Denver and Rio Grande Western Railroad Company and to Nil- c:30
son McCarthy and Henry Swan as Trustees of said Railroad Company
appointed in reorganization proceedings under Section 77 of Chap-
ter VIII of the Federal Bankruptcy Act as amended, pending in the
United States District Court for the District of Colorado, their
and each of their successors and assigns, to construct, operate
and maintain a standard gauge railroad transfer track on and over
a portion of Sixth West Street between South Temple and First
South Streets and on and over a portion of South Temple Street
between Fifth West and Sixth West Streets, all in Salt Lake City,
Utah, the center line of said transfer track being more particu-
larly described as follows:
Beginning at a point in the main track of The
Denver and Rio Grande Western Railroad Company in
t3a' Sixth West Street between South Temple and First
South Streets in Salt Lake City, Utah, that is dis-
tant approximately 510 feet south from the south
line of South Temple Street; and running thence
northerly, curving to the right on a 6' 061 curve,
a distance of 97 feet; thence curving to the right
- 1 -
�e
on a 11° 001 curve in Sixth Best Street, crossing
the west line of Block 49, Plat C, Salt Lake City
Survey, at a point approximately 210 feet south
from the northwest corner of said Block 49 and
crossing the north line of said Block 49 at a point
r approximately 220 feet east from said northwest
corner of said Block 49; thence continuing to the
right on the same curve to a connection with the
track of the Oregon Short Line Railroad Company,
Union Pacific Railroad Company, Lessee, in South
Temple Street between Sixth West and Fifth Best
Streets in said city, said connection being approxi-
mately 450 feet east from the east line of Sixth
Best Street; all as shown in yellow on the attached
blueprint, which is hereby referred to and made a
part of this ordinance.
And permission is hereby granted to said The Denver and Rio Grande
Western Railroad Company to remove that portion of present trans-
fer track authorized by said ordinance of Salt Lake City dated
April 25, 1905, Bill No. 17, shown in red upon said attached blue-
print. The surface of the street where such track is removed
shall, by said Railroad Company, at its own expense, be placed in
as good condition as the immediately adjoining portions of said
Sixth West and South Temple Streets, respectively.
Section 2. During the term 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 street and shall at all times be
maintained by the grantee to conform to the grade of
said street and, if the said grade is afterward changed
by ordinance 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 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 Commission-
ers 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 street 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, up-
on said track.
(e) If in putting in said track said grantee shall
remove or in any manner interfere with the pavement,
sidewalks, curbs or gutters on said street, it shall re-
place such pavement with the same or with such other
material as shall be ordered by the Board of Commission-
ers and shall replace such sidewalks and such curbs and
gutters to the satisfaction of the Board of Commissioners.
- 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 condi-
tion at the 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 prevent Salt Lake City or its authorized agents, or contractors,
or persons 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.
Section 4. Said grantee herein, its successors and assigns,
shall and by the acceptance of the privileges and franchise here-
in granted, and in consideration. of the same, does bind itself,
its successors and assigns, upon its acceptance of this franchise,
to save said 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, personal in-
juries, or otherwise, 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 judgment, determination or adjudication which
in any suit or proceeding may be or shall be found against said
Salt Lake City; provided, however, that said grantee, its suc-
cessors and assigns, shall have due 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 track.
Section 5. This franchise is granted for the period of time
until April 28, 2005; provided, however, that if for a period of
nine consecutive months during the life of this franchise said
track is not used for the purposes for which this franchise is
granted, or if ti-a re is a substantial abandonment of the use of
said track for said purposes, said 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 thereafter be removed and the street restored to a condition
uniform 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 Com-
pany 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 6. Unless this grant and all the terms and condi-
tions thereof shall be accepted, in writing, by the grantee here-
in within thirty (30) days after the taking effect of this ordi-
nance, and unless such track be constructed within one (1) 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
immediately.
- 3
Section 8. This ordinance shall take effect upon its
publicastion.
Passed by Board of C loners of Salt Lake City,
Utah, this ,/9 day of y 936,e
Mayor
City Recorder
Bill No.
Published , 136.
- 4 -
39
OR, 'NANCE
•
Preuribi te thi fiord of Commissioners
Alt a.IlASSC
iJ36
W‘Pfiatetetittilk
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First Publication in
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Virit,*privweetvtiot
CITY RECORDER
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Proof of 1ixbittruIton
1nittA*mica of 15mrrira
STATE OF UTAH .ss.
• 0" 1. _ - .E
AN'ORDINANCE
AN ORDINANCE GRANTING TO
^.THE..DENVER AND RIO GRANDE .
- WEST$pat RAILROAD 'COMPANY
WLANOMTRUB EES
ND
HENRY SWAN AS
OF H. P. THO)`�BON
SAID RAILROAD COMPANY IN I,REORGANIZATION
I TI PROCEEDINGS,
THEIR, AND EACH OF THEIR
SE,�.14DLD.:.ASSIGNS, A
AND TFffi RAND IGHTITO OF WAY
CHANGE being first duly sworn,depose and say that I am the Chief Clerk of
LOCATION'OF PRESENT TRANS-
B TRACK LT ATED AND ON
OUT H
TEMPLE STREET, SALT LAKE THE SALT LAKE TELEGRAM,a newspaper,published at Salt Lake
` CITY, UTAH, NEAR THE INTER-
SECTION THEREOF AND TO CON-
STRUCT, OPERATE AND MAIN- '
TALE'RELOCATED TRANSFER City,State of Utah.
TRACK ON SIXTH WEST STREET
AND.ON SOUTH TEMPLE STREET ram,NEAR THE IT LAKEC°ITY,ION THERE- ORDINANCE
OF,IN SALT LAKE CITY,UTAH. T
CiWHEREty nitonf April ZLaae5'Cthe
e That the Notic `
Utah, granted to the Rio Grande
Western Railway Company,its sue- ' BILL NO. 39
eessors and assigns,by Bill No.17,.
ca onstruct franchise and right a rawilroad
andoperatea r
';.. track on'and across a portion of
``-- sixth West Street between South $$j,T_]:,Aj 'i.-..C.ITY._CORPORATIO f,
Temple and First South Streets and
}`•fr4: and across a portion of South
Temple Street between Sixth West
Street and Fifth West Street in Salt
City,Utah,for use as'a trans-
for track track between said Rio Grande "-"
Western
the tracks ofthe Ory Company's tracks ,
egon egon Short
LiwHEaEA ilwa pompa t;to dsald or- of which a copy is hereto attached,was first published in said news-
dinance a•transfer track was con-
structed by aid Rio Grande West-
ern 15th
Railway company at said Iota- paper in its issue dated the
Lion end has since been continuous-
ly operated;and
WHEREAS, The Denver;and Rio October 6
'Grande Western Railroad Company day of 193
has succeeded said. .Rio ,Grande '
Western Railway Company in the
owaarship and use of said tracks;
and
and was published in each daily issue of said newspaper, on
WHEREAS, said tracks of the
Oregon short Line Railroad Com-
pany are now leased to the Union
October 15th.
Pacific Railroad Company;and for
WHEREAS, said The Denver andd
Silo Grande Western Railroad Com-
pany desires to change the location
of said transfer track Rem that set One insertion
forth a
in said ordinance of ApApril25, , thereafter,the full period of
1905, Rill No, 17, for the purpose
of reducing the degree of curvature '
• of such transfer'track,to the loco-
. 1tion hereinafter particularly de-
the last publication thereof
scribed;
NOW, THEREFORE, BE IT OR-
DAINED BY THE BOARD OF COM- •
15th
MI99IONER9 OF SALT LAKE CITY, beingin the issue dated the Clay of
' •UTAH:
Section 1. A franchise and right
of way is hereby granted to•The'I October• Denver and Rio Grande Western
Railroad Company and to Wilson, ,A.D.193 6 4 9
• McCarthy and Henry Swan as !.
Trustees of said Railroad Company'
appointed in organn. pro-t
ceedinge under Section,,77 77 of Chap-11
ter VIII of the Federal Bankruptcy.*
Act as amended, pending'In,that,
United States District Court for their
District of Colorado,their and earn
of their•successors and assigns,.to 16th
construct, operate and maintain a o before me this day of
standard gauge railroad transfer
track on and over a portion u1 Sixth
• :•west Street between South Temple 6 and First South Streets and on and •
over a portion of south Temple , A. D. 193
Street between Fifth West and Sixth _
West Streets,all in Salt Lake City,
Utah,the,center line of said trans- • �(_./ / /
See track being'more'particularly - _ . l�
described as follows: / V~' L- 1'--- C., c'i
Beginning at a point in the main < Notary Yab1iC.
track of The Denver and Rio Grande
Western Railroad Company in Sixth •
West Street between South Temple \ -r
and First South Streets in salt ' // ), [J .. j
Lake City, Utah, that Is distant
approximately 510 feet south from.
the south line of South Temple
Street;and running thence norther-
ly,curving.to the right on a 0'05'
cury,a•distance.,f�$7:set:trenee
ving'to thy_ t-o a_11 00'
curve in Stith 54Dteeet,'droesing
the west line of$rack•49, Flat C,
salt.fake City enrvei.at a pant. Advertising fee$
3(1 399
•
approximately,210.feet sduth from
the northwest corner of said Block
99 and crossing the north line of
mltelyl0y 220 k 49
feet east point'
northwest corner of said Blocks 49;
thence-continuing to the right on
the same curve to a connection with
the track of the Oregon-Short Line and franchise herein granted, and
Railroad Company, Union Pacific i In consideration of the same, does
Railroad Company.Lessee.1r1,Seutyt bind Itself. its successors and as-
Temple Street between SlOtia:Ve.t t signs, upon its acdeptaace'of this
and Fifth West Streets In said city, i franchise, to save said City harm-
said connection being approximate- loss from all suits,claims,demands
ly 950 feet east from the east line and judgments whatsoever,whether
of Sixth West Street; all as shown , in law or In equity,which shall be
in yellow on the attached blue- ; 'asserted,found or,rendered in any
(print, which is hereby referred to manner 'whatsoever, against said
-anma
de ade a part of this ordinance. a City for injury or damage to
„And permission is hereby granted abutting property.personal injuries,
to said The Denver and Rio Grande P. otherwise,,by reason of the grant-
Western Railroad Company to re- f ing of this franchise, or by reason
,move that portion of,present trans- of the construction or operation of
+.far track authorised by said or- s said spur track,and that'the grantee
s,dinanee of Salt,Lake'City..dated f, herein, its enamor. and assigns,
-April 25,1905,Bill No.17,shown in Will pay the amount of any.ludg-
red upon said attached blueprint. F ment, determination or adjudica-'
)The surface of the street wh e such' tion which,in any suit or',proceed-'
track is removed shall by si •-. Mg may beer shall be found against'
'road Company,at its own ,,yy paid Balt Lake Ci�ttyy;�provided,how-
..be placed in as good on '72. d , ever troe'g-iiat4;YfbStee,;lie-emcee',
the immediately diolning sors and'aeslgna, shall have due j
of said Sixth West an petite Of any such suits'and an
Temple Streets,respe t7 1 ^; ,r opportunity,to appear-and defend j
Section 2. During the aov%1. the same; and said grantee, its
this franchise the grantee ". ' successors and assigns,ehall appear j
subject to the following co ..- 1n and defend all actions brought
(a4.That said track shal"°•'P:'. against Salt Lake City for any in-
upon and conform to the':a;? jury or damage by reason of the
said street and shall.'at al'_ Construction, 'operation, or main-
be maintained by the gr tenonee of said track.
conform to the gradeof-' Section 5. This franchise is
and, if the said grade Is granted for the period of tl p until
changed by ordinance o1 t , - April 28, 2005; provided, however,
of City Commissioners,the: that If for a period of nine cons
shall, at its own exp nr0 s cutive months during the life of
the elevation of the track d" this franchise said track Is not used
conform to the same. J for the purposes for which this
(b) Whenever said street'where r franchise Is granted, or if there is
said track la constructed shall be a substantial abandonment of the
')paved; resurfaced or repaired. the use-of said track for said purposes,
said grantee,its successors and as- said franchise shhall be voidable at.
signs,.shall pave, resurface or re- the option of the Board of Com-
pair between the rails and for a miseloners: and, R so ordered by
space of two (2) feet outside of i the Board of Commissioners. said
each rail with the same kind of - track shall within thirty(30) days
material used on the said street,or thereafter be removed and the street
i with such other material as may be restored to a condition uniform
• approved by
all Boned of shall Coe laid 'With
the
to balance of said street with
ties grade,'materials and con-
upon a concrete base Of such thick-. struction and to the satisfaction of
nesa as shall be directed by the the Board of Commissioners. In
Board of Commissioners. the event of the failure of said Rail-
, (c) Said track shall be laid and road Company to remove said track
the road operated so as to cause and'restore said street upon such
no unnecessary impediment to the action and within said thirty (30)
common and ordinary use of said days.the said work may be done by
street upon which It is laid, Salt Lake City at the expense of
(d) Salt Lake City reserves,the the Railroad Company, ,
right to regulate and control the Section 8. Unless this grant and
speed of all trains,engines and cars all the terms and conditions thereof
operated by the grantee. Its sue- shall,be accepted,in writing,by the
oessors and assigns, upon sail grantee herein within thirty (30)
track. days after the taking effect of this
(e) If in putting In said trackI ordinance, and unless such track
said grantee shall remove or in be constructed within.one (1) year
., manner interfere ;with the pave- from the date of.suoh passage,then
meat, sidewalks, curbs or gutters this'ordinance shall be.null and
on said street.It shall replace such 'v ld,
pavement with the same or With Section 7, In the opinion of the
arch other material as shall be Board of -Commissioners, 1t Is
ordered by the Board'of Commis- necessary to the peace,health and
stoners and shall replace such aide- safety of the inhabitants of Salt
walks and such curbs and gutters to, Lake City,Utah,'that this ordinance
the s tisfaohion of the Board of, become effective immediately,
Commissioners. Section 8, This ordinance shall
(f) Said grantee shall put in and take effect upon its publication.
maintain such crossings over said reseed by the Board of Commie-
track as shall from time to time be stoners of Salt Like City.Utah,this
required by .the Hoard of Com- 14th day of October, 1938,
missioners. E.B.ERWIN,
(g) Good and sufficient conduits - - Mayor,
to convey water shall be laid and ETHEL MACDONALD,
maintained in good condition at (SEAL) 017 Recorder.
the expense of said grantee In all B111 No.30.
water ditches crossed by said track, Published October 15th,1038,
so LIB to admit of free passage of - (Advertisement)
Water.
Section 3, Nothing in this grant
shall be so construed as to prevent
Salt Lake City or Its authorised
agents,or contractors,or Pomona or
corporations to whom a franchise
may have been or may hereafter be
granted,from paving,scwering,lay-
ing gas Or water,mama, pipes or
conduits;-altering,- repairing or in
any manner tinier-ow/Mg sa14 sireet.
Section 4., Said aiivrepnue ttstgip,
Its pncdeesoe and aesfggpe,'sltall and
by the soceptanod of„the privileges
39
PROOF OF PUBLICATION
FROM
01le tnilt Eak Iggram
/
,
County
Entry No
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