39 of 1950 - A franchise granting to D. & R.G.W.R.R.Co. ( Dever and Rio Grande Railroad Company ) and O. S. L. N ri NV InU
Salt Lake City,Utah,.._ ,195
VOTING Aye Nay
Affleck ✓ 1 move that the ordinance be passed.
Christensen . . .
Lingenfelter . .
Romney . . . . b t\V \
Mr. Chairman . . AN ORDINANCE
Result
AN ORDINANCE GRANTING TO TpE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY AND OREGON SHORT LINE RAILROAD COMPANY
(UNION PAUIFIC RAILROAD COMPANY LESSEE), their and each of their
successors and assigns, the right to construct, operate and main-
tain a standard gauge railroad track over and across South Temple
Street between Fourth West Street and Sixth 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 ffhe Denver and
Rio Grande Western Railroad Company and Oregon Short Line Railroad
Company (Union Pacific Railroad Company Lessee), their and each of
their successors and assigns, to construct, operate aid maintain a
standard gauge railroad track over and across South Temple Street
between Fourth West Street and Sixth West Street in Salt Lake City,
cj
Utah, the center line of said track being more particularly described
as follows:
Beginning at a point on the south line of South Temple
Street about 200 feet west of the west line of Fifth West
Street, running thence in a northeasterly direction on an
approximate 7 deg. 15 min. curve to the right about 205 feet
to the west line of Fifth West Street at a pdsint about 48 feet
north of the south line of South Temple Street, running thence
easterly on South Temple Street on a 6 deg. 6 min. curve to the
right about 100 feet to a point of connection with an existing
track of the Oregon Short Line railroad, thence continuing
east on said existing track of the Oregon Short Line railroad
about 20 feet, thence turning outIportheasterly from said
existing track of the Oregon Short Line railroad and running north-
easterly on a 6 deg. 6 min. curve to the left about 110 feet,
running thence northeasterly on an $ deg. 45 min. curve to the
left about 275 feet to the north line of South Temple Street at
a point about 360 feet east of the east line of Fifth West Street.
The location of the center line of said track 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
grantee, their successors and assigns, shall be subject to the
following conditions, viz.:
(a) The ownership of said track shall be vested as
to the respective portions thereof individually in said grantees
in accordance with an agreement or agreements between them. The
aid track shall be laid upon and conform to the established grade
.f said South Temple Street and Fifth West Street pursuant to an
agreement between said grantees and Salt Lake City; but if said
•rade is afterward changed by ordinance of the Board of City Com-
»issioners, the grantees shall, at their own expense, change the
-levation of said track so as to conform to the same.
(b) Whenever said street where said track constructed
hall be paved, repaved, resurfaced or repaired, then said grantees,
(heir successors and assigns, shall pave, resurface or repair bet-
een the rails and for a space of two feet outside of each rail
Iith the same kind of material used on said street, or with such
ther material as may be approved by the Board of Commissioners.
In the event said grantees shall fail to pave, repave,
lesurface, or repair and surface any area as herein required for ,
-I period of thirty (30) days after notice from the Board of Com-
issioners so to do, the City shall have the right to pave, repave,
surface or repair between the rails or said surface or area and
e grantees agree to reimburse the City for the total cost of said
irk, labor and material.
(c) The said track shall bd laid and the road operated
sl. as to cause no unnecessary impediment to the common and ordinary
u•:e of said street upon which it is laid.
(d) Good and sufficient conduits to convey water shal.
be laid and maintained in good condition at the expense of said
grantees in all water ditches crossed by said 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 cars operated by the
grantees, their successors and assigns, upon the track aforesaid.
Neither the engines nor cars shall be permitted to remain on said
track.
(f) If, in the replacement or maintenance of said
track, said grantees shall remove or in any manner interfere with
the pavement, sidewalk, curbs, gutters or waterways on said street,
they shall replace such pavement with the same or such other
material as shall 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 construct the gutters and waterways that they will
allow the free passage of water to the satisfaction of said Com-
iissioner.
SECTION 3. Nothing in this grant shall be construed
so as to prevent Salt Lake City or its authorized agents, con-
rectors, persons or corporations, to whom a franchise may have
.een or may hereafter be granted from paving, sewering, laying
:as or water mains or pipes, altering, repairing, or in any man-
er improving said street, but all such improvements shall be made
lith as little injury as practicable to said track and the opera-
ion thereof. When Salt Lake City undertakes to place any utility
nder said track, the grantees shall at their own expense underpin
Ind protect their track while said utility is being placed under
he track.
SECTION 4. The said grantees herein, their successors
lnd assigns, shall, and by the acceptance of the privileges and
ranchises herein granted and in consideration of the same, do bled
Themselves, their successors and assigns, upon their acceptance of
.his franchise, to save the City harmless from all suits, 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 track, and that the grantees, their suc-
cessors and assigns, will pay the amount of the judgment, determina-
tion or adjudication which in any suit or proceedings may or shall
be found against Salt Lake City, and the said grantees, their
successors and assigns, shall appear in and defend all actions
.rought against Salt Lake City for any injury or damage by reason
of the construction, operation, or maintenance of said track,
irovided, however, that said grantees, their successors and assigns,
-hall have had notice of any suits and an opportunity to appear and
.efend same.
SECTION 5. This franchise is granted for the period
.f fifty (50) years from and after the date of the passage of this
.rdinance, provided, however, that if for a period of nine (9)
onsecutive months during the life of this franchisesaid track or
:ny part thereof is not used for the purpose of which this fran-
hise is granted, or if there is a substantial abandonment of the
Ise of said track or any part thereof, this franchise shall be
oidable at the option of the Board of Commissioners, and if so
.rdered by the Board of Commissioners, said track shall, within
Thirty (30) days after notice he by said grantees removed from the
.treet and the street restored to a condition uniform with the bal-
ce of said street with respect to grade, materials, and construc-
ion to the satisfaction of the Commissioner of Streets and Public
mprovements. In the event of failure of said grantees to remove
laid track and to restore said street upon said notice and within
hirty (30) days thereafter, the work may be done by Salt Lake City
It the expense of said grantees.
1 SECTION 6. Unless this franchise and all the terms and
londitions thereof shall be accepted in writing by the grantees
erein within thirty (30) days after this ordinance becomes effec-
JIiYe, and unless said track be constructed prior to January 1, 1952,
. en 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 Yo day of Q_� C , A. D. 19 ,%
'Ff/f--A \
ity Recorder.
AN ORDINANCE
AN ORDINANCE GRANTING TO
THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY A
RAILROADAND N SHORT COMPANYNE RAIL-
LESSEE), i+ffidavit of Publication
ROAD COMPANY!UNION PACIFIC
their and each of )heir 25.15555111.5
and assigns, the right t construct.
n e a
operate and maintain standattl
gauge railroad track over and
South Temple Street between Fourth
Well Street and Sixth West Street Are
Salt Lake City,Utah. , Il
e It d of
Cemmisstoneran of ed bSalte hcL ke City, r ss
SE.
FF anted toN 1. Aa IDny, In hereby;L+ J
Grande Western Railroad f y
o,nfJah
and Oregon Short Line Rahroad
ailroad
CompnnY Lec ComPany (Union Pacific
their and each of
,their strolleuc an and 99lgns,to maintain on
operate
standard'gauge Ilroad track over
land
enroll South Temple Street be- , 7. .)(i '
aween Fourth West Street and Sixth
'West Street in Salt Lake City,Utah.
the`enter,Ina of esc track
icing Being first duly sworn,deposes and says that he is the ad-
lows:
particularly said
a ml-
we
Beginning t point n the south
line t south Temple Street about vertising clerk of THE DESERET NEWS a newspaper
_00 feet west o1 the west line of Fifth f
West Street, running thence In a
northeasterly direction
on an ape published in Salt Lake City,Salt Lake County,in the State
proximate I deg. 15 ve
the right about 205 feetrtn the wet
lint of Filth West Street at a point V about 48 feet nor%of the South:Inc.of of Utah.
Small Temple.Street,funning thence
easterly on South Temple Strut r
a 6 dog. 6 min. the.right
about 100 feet Sr curve
connec-
tion with a .irting tray of the That the advertisement
Oregon Short Line Railroad,thence
continuing east on fah]existing track
of the Oregon Short Line Rallrond
about 20 feet, thence. turning nut 1•,''_� `,0 e j
ortheastrtly Iron .sai e h.tIng . n .i 'C fl'�,1'.CE: S'
track of the Oregon Short Line Rail-
road and running n ortheas.crly o
a 6 deg. 6 min. curve to the left c !�' Co
chant 110 feet,running thence north-
easterly ,It:r�Ver ��ZL] rjl�(�e e; t,errl ,�:11]'�:(' .
o g deg.45 min.r,r e
e left an
205 feet to uthe
north line of South Temple Street A
apoint about 360 feet cant f .1i 0 t,(1 Ore, on "»1Us•� T].nc }Zia _ ro Ltc�the cant line of Fire West Street.
T me
ntion ention of the enter line of
said track Is g:aphleallY shown in!
ellow„ o pan the.attached It,which y
Ia hereby made a part f this ore-I was published in said newspaper, in its issue dated, the
11511C,
SECTION2. During the train of
titlefranchise,tin confer,theft nor_ day of A.D.19
and ing conditions,
e, hall cubJect
io,T e lowlneofaidvl
(al The aw tothe ofwhleportions
be vested 'to the xcspeetiva portions
thereof individually 1n said gra,ntces (',f
in accordance with a agree,nent and was published o n .,n i 1
agreements between them. The Bald)
flack shxll be laid upon and conform
South the Temple
established grade of said the last publication thereof being in the issue dated the
Sheet pursluaantetroe agreement be.
tween said grantees nand Salt Lake
City;but if said grade Ls afterweiA
changed by ordinance of the 130ardI dayof
of City a Commissioners, he grantees f%r A.D.19
shall. .theirexpense, change
to elevation f ll track so as t
conform to(b)Whenever la street where
G�L1
Id track ,t d shall be G '
paved repay., est.faced n - Advertising Cl�rk-
pulrerty.ssors thin snd aid grantees.
.brie scar.- r
carfare n pave, , t't`
repair between tin carte
a d for n n'pnaa of two fret kind
of each eau with me.name kl„d or
material need n Fnld street,en with
such ',her material as may be rip..
roved by the'noard or Comminmmn-vOrn to before me this �'?t}1 y
Grin the event said grantees .shall f 'Y of
fast s paves repave,g mY.15
repair na d at'face any ar a a hero- O
ewired for a period of thirty A.D.19
f30i days after notice from the
Heard of Connnissioners so to do,the
City ellen have the right to pave,
I repave, resift-fare or repair between
the rails or said surface or area and
the grantees agree to reimburse the
'City for the total cost of field work,
labor and material,
(ec)rha a I track shall be loll
eon fir read ry imps 5o an to oathe
unnecessary ordinary
use
to the Notary Public
street upon
and which
It I si of nail
dl G Good and hsutllnlentd conduit,
10 r eater shall be laid and
maintained In good condition atLhe
eapenee of bald grantees In all atey
<Niche,.crossed by said tr ark s
'.0 admit at free pasrat,r.of wallyt h
le Salt La,go]r City thee
right I.o regale te end'eontrof the
opred o all train,engines and cars
erated by the¢entces,their e
aterevaln_ Neithere the engines nor
ran be prri,J11,1 tc 15.r.5111:n
fair. rick.
!f1 If,In the replacement or
e e of tall track,said grant nam e,
shall remove to In any manner In-i
crfere with the eas tide
walk, curbs, gutters swam r waterways
on.
,areet`„Fev eshallreplace such
pavement SS
other material as shall be Bordered by
the Hoard of Commissioners rod
shall replace such sidewalks, curbs,
faVtters an l =ternay.s to the satls-
ctlon of the Commissioner of
Streets and Public Improvement,
and shall so
construct the g.ltters
I andthe free passage
that theey will allow
ssad Commissionerto '1e ofsat-
lstactlon
( SECTION J, Nothing in this rant
halt be construed noas t U prevent
Salt Lake City lie a thorizd
agents, contractors,persons o!tractors -
•havebeen or may hereafter be to whom a agrant-
ed, e
from paving. s Bring. laying
-gas or water mains or pipers,altering,
',Pairing. or in any mannerIm-
proving said street, but all such
Improvements shall be made with
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 grantees shell at their on ex-
Dense underpin and protect r- theie
ak while id utility being
placed under the track.
SECTION 4. The said grantees
herein,theirs and assigns,
shalt.and by Inn acceptance of the
privileges rod franrhites nerd,
granted end In t nnde'atlon of the
same.do bind themsety es,their Slle-
ceoso
and assigns, Upon their
ceptance of this Iranch;se, to
,the harmless from all &bits
ity
claims,e,demands a Judgments what-
whether, In and
r 1n equity,
ready, shall be asserted, found or
arendered In any manner whatsoever-
gainst said City formes=➢or dam-
.age tob abutting property or other-
of the g of
this franchisee or by reason tit the
operation of said track, and that
the grantees, their successors
and
assigns,will pin the amount of the
lodgment, de:erminatlon oo adJudl-
tion which in any.suit or proceed-
In
may or shall be found against
Silt Lake City,and the said grante,
their signs, shalt
bappearrought Inyonno defend all actions
brought agaln,t Salt Lake City for
an rMi Iry n damage
Elora,r^ of
sof sald1�iskkk.aw,o:,Iced.how.ever.and lw v lbe'.r e
and sles01111 shall have hod
nottee of any a and a oppor-
tunity to dpprar 4.r.1 d end s
SECTION •
er os franc Ise5rls
F.
Reamed[1, the Ater t et Itf (the
years from a alter the dapro i the
passage of obis ordinance, prof nin,
ItI con,that it for a period of nine
ff) consecutive months donne the
lior Dn<eo
any
p .his l thereof
to nob track o
my part ti of w is not used for
the purpose of which this franchise
IS t!and,or If there In t substan-
tial rei-
Spe=abandonment peeof me u of en-
track n shell
any part thereof,this option
chise shall d f Come.at one op end
if the Board of the heard
by
of within
thrty (30' said track notic within
said ran)days alter notice.be Se
said Rrndt th wed from the
street and the street restored b a e
condition uniform with esp the balance
of tei e, n.with respect to grade.
maltreats, d o n Coolllon to the
streets and of the prove cents. of
Sheeev and Plu failure f said gra es
the a move o[idr of said grantors
etoe c said track and to restore
wit remove
street upon s did n here and
within w k may tape days thereafter.
Lal,n
City
work may en done by Salt Lake
City at thNe expense of said,grantees.
SECTION the Sinless tits franchise
and all tell terms and in writing
thereof shall es accepted within
writing
by the grantees herein wlthln thirty
be
aoe days hear this ordinance t be-
comes!trusted,and unless enld track
burnconstructed prior :o January e
ball then this ordinance shah be
null and void.
SECTIONtnet 'f. Whereas, In the
opinion et the Commission a
hey effect
exists. this teip ante Reboil
mer-
lictake !I[he immediately Bette pub-
lication hereon.
Passed by the 13oard of Commis-
sioners of f Like City,ty,Utah,this
A Ci
20th day o1 Apt.,A.D.1.950.
G
EARL J.GLADE,
Mayo[.
I Ph:A 1'. l'y Recorder.
City Roce'der.
(SEAL)
11
BIILLLL30
1'ubhshodhrd Apr:.24th, 19F3_
39