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4 of 1953 - Granting a franchise agreement to the Denver & Rio Grande Western Railroad Company its successors an .,..err. CALL VOTING AYE NAY January 22d, Salt Lake City, Utah, ,tad 1953 AfSte[It Burbidge 2,(p t, Ch ristens en �,% "' I move t at the ordinance be passed. r'. in ,,<° / ,�/ / ! 'MAW))felter' + Mr.Chairman . . . I_ • - / ) Results ----' li to a ! ' U Y I t ^.x1 I H CB] 1 . „ , ,... . 41I ,: 4.I • Ii I p i.;.h/lN_O.ku-3 S. /z-vz-79 ��II � i! i/I/4A Co ro her,/,,E_f+oa/ry VI At O j a C.I,a ui 3756 /5.3/ 49 Z.'ail '. ' S.[.C.u_o A a,in M My/HP C.Sea//y I ^1�hh «i I; n I is- III 11 ,l I- it t ', I�14 'O b 4 UI j, t e COI Q K II O $/' k '0,0' t� I 1 I $ II k o, _F I ., wr,r .-It'': . .. _ . __ Q ,y � Y67 n. d 5 ' t —i 1 a',y naa,,mf- I ' H F; 1fh c h °v 'i o h II I _. ..,.,..r,,x+ w�"%"'"T""._.�,......,-+-.r_' _ , fence _ __.. ,. �.Q I. a ,VI I o :7 c I ti J I • � a `f I f. :1 } , a I'a 1W�t Railroad property- eb-ram - - Outlined Red. 1,' 1'- I� � Proposed Industry Spur track- - Yellow. �I !� O I' U` 'Q The Denver &Rio Grande Western R. R. Co. 1 Salt Lake City, Utah. ' Proposed Franchise from IA L . Salt Lake City Corporation for k'1 l 1 i *06 Industry spur track crossing 13th South St. �'I( Scale 1" - 1UO I . F�. I --- — S.L.City. 12 - 5 - 1952. II! X I`' ;c 11 • ORDINANCE AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS THIRTEENTH SOUTH STREET AT A POINT APPROXI- MATELY MIDWAY BETWEEN FOURTH WEST AND SIXTH WEST STREETS 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 The Denver and Rio Grande Western Railroad Company and its successors and assigns to construct, operate and maintain a standard gauge railroad spur track over and across Thirteenth South Street at a point approximately midway between Fourth West and Sixth West Streets in Salt Lake City, Utah, the center line of said spur track being more particularly described as follows: Beginning in the center line of D&RGW R R track designated as Westward Passenger Track in Lot 11, Block 6, Five Acre Plat B, Big Field Survey, Salt Lake County, about 80 feet south from the south line of Thirteenth South Street and about 45 feet west from the east line of said Lot 11, Block 6; thence in a northerly direction on a turnout curve to the right with radius of 941.67 feet about 80 feet to the south line of Thirteenth South Street, said street line being the point of beginning of this franchise and right of way; thence approximately north 5° 44' east in said Thirteenth South Street 10 feet; thence in a northeasterly direction on a curve to the right with radius of 287,94 feet, 40 feet; thence approximately north 13° 44T east about 18 feet to the north line of Thirteenth South Street. The location of the center line of said track is graphically shown in yellow upon the attached print, which is hereby made a part of this ordinance. 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 con- form 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 said grade is afterward changed by ordinance of the Board of City Commissioners, • the grantee shall, at its own expense, change the ele- vation of the track so as to conform to the same, (b) Whenever said street where said track is constructed 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 con- crete base of such thickness as shall be directed by said 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, upon 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 replace such pavement with the same or with such other material as shall be ordered by said Board of Commissioners and shall replace such sidewalks and such curbs and gutters to the satisfaction of said Board. of Commissioners and shall so construct the gutters that they will allow the free passage of water and be to the satisfaction of said Board of Commissioners, (f) Said grantee shall put in and maintain such crossings over said track as shall from time to time be required by said Board of Commissioners. (g) Good and 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 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 herein granted, and in consideration of the same, does hereby 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 whatever against said City for injury or damage to abutting property, personal injuries or otherwise, by reason of the granting of this franchise, or by reason of the construction or operation of said 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 successors and assigns, shall have had notice of any such suits and an oppor- tunity to appear and defend the same; and said grantee, its suc- cessors 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 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 -2 • • purposes for which this franchise is granted, or if there is a substantial abandonment of the use of said spur track for said purposes, said franchise shall be voidable at the option of said Board of Commissioners. and if so ordered by said Board of Commis- sioners, 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 con- struction and to the satisfaction of said Board of Commissioners. In the event of the failure of said grantee 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 grantee, Section 6. Unless this grant and all the terms and con- ditions 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 constructed within one year from the date of such passage, then this ordinance shall be null and void, Section 7, In the opinion of said 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. Section 8, This ordinance shall take effect upon its publi- cation. Passed by the Board of Commissioners of Salt Lake City, Utah, this 22nd day of January , 195 3 , ---- -- —MAYOR 4.L S E A L - _ %t�! �� ��� ( ) CITY RECORDER Bill No. 4 Published January 24, 1953 -3 FORM NO.ADM 3SA Proof of Publication • littittt$'tans a#,4mtrittt COUNTY OF SALT LAKE ? ss. STATE OF UTAH I1 oRo1NA NCE AN ORDINANCE.GRANTING TO THE DENVER AND RIO GRANDE WESTERN' AAILROAD COMPANY, ITS 0 Ati4- SOAS ANP ASSIGNS.THERIGHT TO TAIN STANDARDAAUGE RAILROAD Ruth KaS5i.ng THINTEENTHE SOUR.STAITAAT A POINT APPROXIMATELY AID ASSXB'[,H TWEE. AMR};CS'P; BE IT ORDAINED BY THE BOARD OFY. being first duly sworn, deposes and says, that he is the Principal Clerk of COMMISSIONERS UP SALT LAKE CITY, UTAH, newspaper published in Bastion 1. 1 Westefrancrn and right of •was is hereby granted to the Denver a add Rio Grande Western Railroad Con, the DESERET NEWS SALT LAKE TELEGRAM, nand and Its site assets and assigns to. construct, operate and maintain tandards's..railroad spur track over and across Thirteenth South treetat en Salt Lake City,Salt Lake County,State of Utah. Fourth West and Sixth West Streets In I� Salt Lame City,Utah,the center line £ — Bill_Nfl.a..-h. said spur track being more particularly. An Ordinance described as follows: center line•°f That the Notice DRRGW RR tracks designated as • Block Westward Five-Acre Plat`11,iBig°Field Survey,Salt Lake County, bout 80 feet South from southoutt 45 Thirteenth from the east line of sand Lot 11,Block 8;thence in a northerly direction a oPT84ie7rteetenth 00 feet to ttha egnth — - line of Thirtenenth-South.Street, said street tine being the point of bgltiing of• this franchise and right of way:thane°' approximately si`sohet 4reute east n aidTirtenthSouthStet 10 feet;thence In a northeasterly dlrec• Bon on a curve to the right with radius of t87.94 fends a feet)a"'a °eppr°xi of which a copy is hereto attached, was first published in said newspaper in its about Ie ieet m me sort'nneuofaThir. teenih S th fit t. T I4va l.:.Se t Hits p wa ,2lyth --.. VIA1q k h4 Y 4v sane dated the s!r'ea d t�+Ratha, .° e January 19 53.. iraa ha sort so tIS 'b i re dayof the';F W hit a¢ ah ll D I td upon and shall t to the grade sin ai street the shall all l times form to the tgra a of said treat,and If said grade Is after- ward and was published in each dailyissue of said newspaper,on changed by ordinance of the Board at City Commissioners;,change the grantee shall. for --of the°hack s as to conform to the ins Whenever id treat here said track is'constructed.shall be paved,re- 1 time surfaced a so s anded signs said pave.tt thereafter,the full period of fiats orarenof assigns, f the raffle and far a pace f two a feet outside of'each ran with of same kind mate- rial r l used to al said street,or with such . the last publication thereof other material a may be ,and all by s the Board of UPon slonm'e,to all ties gall De in .as a crate hose b f such thleknese.s shall°be directed by day of a d Board of k guru abbe 24th -- at Bala track shall be land and the - sreiroperated mc dimentato°tile ae no common being in the issue dated the - ittrlanaua.use of said etgeet uDot,whicb i A.D.19.53 (d)Salt Lake City reserves the right Lo �. January -- trairns,,engines`and`ce the operated by the 1 grantee,its successors r and assign.upon .aid track, ag'trf°)IL in putting in said track, said t ataenfereahall remove or DI any'"niter 6 .,.....--- Itt1t the p ¢sat, dewalks, orbs or finites n avid etrthe.a shell r dace such pavement with the same be with such other and ofal pprn shell be re dayof and by mid Board sid walk/°ana s 26th a c hall replace orb d gutter to the Satlefao• vrn to before me this.-. shall it of saf 1st a th c minis t�te{'e and .wi oconstruct Lha age of et{�land b \,i ill i 's £ Passage of/soot and ( 53 bet She- ti facg0a f saki Board of Commissioners.Said grantee ea 11I ct In aia main• luary ,A.D. 19-- - ^ N t such g old track'asa � h]I rom time to time be rowing by T �/ / raid Board f Commissioners, +//t��/L/��y,2 7 'C..- f)Good J sufficient conduits to eon. a - --- ieY water halt be Lid and maintained' ( - - n good condition at the expense of saidgrantee In . Public. said track sodas to admit of ditches free°aAseaassed e at water. A e ° My commission expires November 25,1953 Advertising fee $ } Section 3,Nothing in this grant shalt be City as or°Itsrue as authorised ragents vent Salt Lake, tractors, or persons orcorporations con- tractors whom;finalise may ave been or may ' hereaftet be granted,from paving,sew. eying.laying gas Or water mains,Pipes or conduanner llpts,altering, thin g,sareeDa repairing,or in one, ceet. rs Section and Said�antthaall and Its by the acceptance of assigns, privileges and lan- lhis herein mgranted, and inconsiders. ion of the same,does ereby bin itself, itsentence aof this frand nchise,to savon e san. id City harmless from all ults,claims.de• mds pnd audgme is whatsoever,whelk- ener n law or in equity.which shall be asserted,found or rendered in any•man• ner Whatever against said City for In- Personal Ini or urles or•othee to rwise by'reason reasof on grantinge th otstruiction franchise,operation its said track strand d6assiiggnns.will parr the unt°of any Judgment,deternsmetion r adludlcation which 1n any suit or pro- ceeding may ha or shall be Intend against said Salt Wake MY;'Dr vtded,however. that said grantee,its successors and as- signs,shell hopportunityieto a anyand suits dnthe an opportunity and said grantees Its successors and assigns, shall appear in and defend all actions brought against. Salt Lake City fora r damage be'r of the construction,operation • maintenance of said track. O1 Section 5. This franchise 1s granted for the period of fifty(50)years from and after the passage of this ordinance) provided,howeunr,that if for a period of consecutive months during the life of this franchise said spur track is not, used for the purposes for which this I franchise is granted or if there is ` spud track said pu the said saidranchise shall be voidable at the option of said Board of Commissioners;ad if stonersB1ed said track shallold r d of within°thirty (00)days thereafter be removed and the street restored to a condition uniform with the balance of said street with r¢ spect to grade,materials and construc- tion d to iersI°teof d Board of Commissioners. nth entfh said track` of and restod re said rsaid°street,,`esden such the said withinand be dod ne by Salt Lake City at the expense of the Grantee. Section O. Unless this grant and all. the terms and conditions thereof shall be accepted in writing by the grantee herein within thirty(30)lees after the caking effect Of this ordinance,and unless such track be constructed within one year from the date of such p sage,then this ordinance shall be null and void. Seion IL In the oof of Commissioners,itpon is reneceaaryd o°erd the peace,health and safely f tee 'rhab- tdutance5hec Lake °effective City. ipimmediately.h off ction 8.upon itThissbccdinaance shall take Passed by the Board of Commissioners of Salt Lake City.Utah,this'22nd day of• Jan oars,1953. EARL S.GLADE Mayor. / IRMA y.BITNER City Recorder, SEAL) Bill No.s. Published January 24'3852.