4 of 1964 - Granting to the Oregon Short Line Railroad Company (Union Pacific Railroad Company, Lessee), a franc KOLL CALL January 21. 4
VOTING Aye Nay Salt Lake City, Utah, ,
Christensen I move that the Ordinance be passed.
Catmull /%�
i rtt G -" yl;e4
Harrison �
Smart . . .
Mr. Chairman .
AN ORDINANCE
Result . . . .
AN ORDINANCE GRANTING TO THE OREGON SHORT LINE RAILROAD COMPANY AND ITS
LESSEES UNION PACIFIC RAILROAD COMPANY, AND TO THEIR SUCCESSORS AND ASSIGNS,
THE RIGHT TO CONSTRUCTS OPERATE AND MAINTAIN A STANDARD GAUGE SPUR TRACK ALONG
THIRD WEST STREET BETWEEN ALBERMARLE AVENUE AND CALIFORNIA AVENUE 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 Oregon
Short Line Railroad Company and its Lessee, Union Pacific Railroad Company,
and to their successors and assigns, to construct, operate and maintain a
standard gauge spur track along Third West Street extending northerly and
northwesterly between Albermarle and California Avenues to a point on the west
side of Third West Street where Third West Street intersects with the western
extension of California Avenue from its present intersection with Third West
Street on the east side of said Third West Street.
SECTION 2. During the term of this franchise the grantee shall be sub-
ject to the following conditions:
(a) The 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 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 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
- 2 -
ties shall be laid upon a concrete 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 tracks.
(e) If in putting in said track, said grantee shall remove or in any
manner interfere with the pavement, sidewalk, curbs or gutters of 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 side-
walks and such curbs and gutters to the satisfaction of said Board of Commis-
sioners and shall so construct the gutters that they will allow the free pass-
age of water and be to the satisfaction of said Board of Commissioners.
(f) Said grantee shall put in and maintain such crossings over said
tracks 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 the free passage of water.
SECTION 3. Nothing in this grant shall be so construed 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,
laying sewer lines, 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 con-
sideration of the same, does hereby bind itself, its successors and assigns,
upon its acceptance of this franchise, to save said City harmless from all
1
- 3 -
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 suit or 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 fifty (50) years
from and after the passage of this ordinance, provided, however, that if for
a period of nine (9) consecutive months during the life of this franchise
said spur track is not used for the purpose 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 Com-
missioners; and if so ordered by said 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 said Board of Commis-
sioners. 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.
Passed by the Board of Commissioners of Salt Lake City, Utah, this 21st
day of January, 1964.
Az?Ay
'I T �, R CORDER MAYOR
(S .EA L)
FILL NO. 4 of 1964
Published January 24, 1964 (A Certified Copy sent to the City Auditor's Office January 31,
1964 for recording in the off ee of the County Recorder
(A dertified Copy a]so sent to the Union Pacific Railroad Company)
STATE OF UTAH,
ss.
City and County of Salt Lake,
Herman J. Hogensen , City Recorder of Salt Lake City, Utah, do hereby
certify that the attached document is a full, true and correct copy of an ordinance entitled,
AN ORDINANCE GRANTING TO THE OREGON SHORT LINE RAILROAD COMPANY AND ITS LESSEE,
UNION PACIFIC RAILROAD COMPANY, AND TO THEIR SUCCESSORS AND ASSIGNS, THE RIGHT TO
CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE SPUR TRACK ALONG THIRD NEST STREET
BETWEEN ALBEMARLE AVENUE AND CALIFORNIA AVENUE IN SALT LAKE CITY, UTAH.
passed by the Board of Commissioners of Salt Lake City, Utah, January 21 196 4
as appears of record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said
City, this 31st day of January 196 4
(SEAL)
, Anitt\ill'Akilr6At\jCity Recorder
Published January 24 196 4
BILL NO. 4 of 1964, '
•
F EB 3—1964
Reaorded
Request of
1976131 7Fee Paid HAZEI;AS6ART CHASE
.$
,Recorder,Salt lie County,Utah
$.4/7;jee By pc.R tti
—,7! e/c —j?..51—
AN ORDINANCE ef. .(g)Gd and sufficient conduits lo
AN ORDINANCE GRANTING TO convey water shad be laid and ma,,
CZ,
THE OREGON 5HOid LINE RAIL-
lamed in good condition at the water
LEssEE, UNION PACIFIC RAIL.
RuAD COMPANY,AND TU THEIR ditches crossed Or said track so as
to admit the free passage of water.
1-17) SUCCESSORS AND COSIGNS, THE
RIGH I-TO CON,RUC I,oPp RA i E be SECTION 3.Nothing in this grant
shall so construed as to prevent
AND MAINTAIN A STANDARD Sall Lake City or its authorized
GAUGE 5 P U R TRACK ALONG agents, contractors. persons or car-
: 71' THIRD WEST STREE f dE3 WHEN
porations to orient a franchise may
ALBERMARLE A V E N U E AND
nave been or may hereafter be
CALIFORNIA AVENUE IN SALT granted, from paving, laying sewer
eZ LAKE CITY, UTAH.
BE IT ORDAINED BY THE lines, laying gas or water mains,
pipes Or conduits,altering,repairing
BOARD OF COMMI5SIDNERS OF pl- In any manner improving said
SALT LAKE CITY, UTAH: street.
SECTION 1. A franchise and right SECTION 4. Said grantee herein,
of way is hereby granted m Inc its successors and assigns shall and
ll74,./ Oregon Short Line Raitroad Company by the acceptance of the privileges
ano its Lessee, Union Pacific Rai, and franchise herein granted, and
...) mad Comoand to then- staces- in consideration of the same, does
sors a.assigns,to construct,otter- hereby bind itself,Its successors and
ate and maintain a standard gauge assigns,upon its acceptance St this
spur track along Third West Street franchise,to save said City harmless
extending northerly and northwest- from all sods,claims,demands and
ern' between Albermarie and Cali. fudg ments whatsoever, whether in
ferule Avenues to a pewit on the west law or in equity, which shall be
.. side of Third West Street where asserted,found or rendered To any
Third West Street intersects with the manner whatever against said City
. , . western extension of California Ave. tar iniory or damage to aborting
nut trom its present intersection with Properly,personal Inturles or other.
Third West Street on the east side wise,by reason of the granting'of
V of said Third West Street. this franchise or by reason of the
' SECTION 2. During th shall e term of construction or operation of said
, ' this franchise the grantee be ffack and that the grantee herein,
subject to the following cOnditions, its successors and assigns,will pay
fa) The said track shall be laid the amount of any Judgment,deter-
won and conform to the grade of mlnation or adiudication which in
said street and shall at all times any stiff or proceeding may be or
be maintained by the grantee to shall be found against said Salt Lake
i conform to the grade of said street, City( provided, however, that raid
and if said grade is afterward grantee, its successors and assigns,
Changed by ordinance of the Board shall have had notice of any suit
of City Commissioners, the grantee or suits and an 0,NR/dimity to appear
gnientg;:f`vhe'W:'Cr'se'rsnlg and defend the sante; a. said
grantee, Hs successors and assigns,
conform to the same. shall appear in and defend all actions
(b) Whenever said street where brought against Salt Lake City for
said track is constructed shall be any iniury or damage by reason of
paved, resurfaced or repaired, the the construction,operailon or main-
said grantee, its successors and tenance of said track.
assigns shall pave,resurface or re- SECTION S. This franchise Is
pair between the rails and for a granted for the period of filly OW
• space of two 12)feet outside of each years from and affer the passage of
rail with the same Med of material this ordinance, provided, however,
Used on the said street,or with such that if for a period of nine(9)con-
., other material as may be approved secutive months during the life of
by the Board cf Commissioners,and this franchise said spur track is not
all ties shall be laid upon a concrete used for the purpose for which Mhs
' base of such thickness as shall be franchise is granted, or if there is
directed by said Board of Commis- a substantial a ba ndonment of idthe
,,,,,. use of said spur track for sa pur-
(c) Said track shall be laid and poses,said franchise shall be void-
) the road operated so as to cause no able at the option of said Board of
unnecessary impediment to the com- Commissioners;and if so ordered by
moo and ordinary use of said street Said Board of Commissioners, said
upon which g is laid, trace shall tvithIn thirty Idol days
(d) Salt Lake City reserves the thereafter be removed and the street
right to regulate and control the restored to a condition uniform with
speed of all trains,engines and cars the balance of said street with re
operated by the grantee, its succes- sped.to grade, materials and con.
tors and assigns, upon said tracks, slruction and to the satisfaction of
Iel If in putting in said track,said said Board of C.ommissMners.In the
grantee shall remove or in any event of the fatfure of said grantee
manner interfere with the pavement, to remove said track and restore said
sidewdk, curbs or gutters of said street,upon such action and within
street, it shall replace such pave- nte,'I't'e"1,,Vnbravl,"Lea'Uy.'-‘1
merit with the same or with such
Other material as shall be ordered the expense of the grantee.
L.'\'' i\• boon
.ceipPoocaercL°t-,%rg,r,„"gnvsUrgi Passed by the Board of Commis-
sioners of Salt Lake Citv,Utah,this
-' . ,. gcuros and gutters to the satisfaction 21st day of January.1964.
of said Board of Commissioners and J.BRACKEN LEE,
shell so construct the gutters tht a Mayor.
they will allow the free passage of HERMAN J.HOGENSEN,
water arKI be to the satisfaction of City Recorder.
Said BOard of Commissioners. (SEA'1
(f) Said grantee shall put in and BILL NO.if of 1964
maintain such crossings over said Published January 24.1964. (A-100)
tracks as shall from time to time
be required by fold Board of Com-
missioners.
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ACCEPTANCE
ACCEPTANCE OF AN ORDINANCE GRANTING TO THE OREGON SHORT LINE
RAILROAD COMPANY AND ITS LESSEE, UNION PACIFIC RAILROAD COM-
PANY, AND TO THEIR SUCCESSORS AND ASSIGNS,0.iTHE RIGHT TO CON-
STRUCT, OPERATE AND MAINTAIN A STANDARD GUAGE SPUR TRACK
ALONG THIRD WEST STREET BETWEEN ALBERMARLE AVENUE AND CALIFOR-
NIA AVENUE IN SALT LAKE CITY, UTAH.
WHEREAS, The Board of Commissioners of Salt Lake
City, State of Utah, on the 21st day of January, 1964,
passed an Ordinance entitled as above; and
WHEREAS, said Ordinance was published on the 24th
day of January, 1964; and
WHEREAS, it is provided in Section 4 of said Ordi-
nance that said Ordinance and all of the terms and conditions
thereof shall be accepted by the Grantee;
NOW, THEREFORE, said Grantee, the Oregon Short Line
Railroad Company and its Lessee, Union Pacific Railroad Com-
pany, hereby accepts said Ordinance, Franchise and Grant and
all of the terms and conditions thereof this 7 day of
February, 1964.
OREGON SHORT LINE RAILROAD COMPANY
AND UNION PACIFIC RAILROAD COMPANY,
ITS SE ,
STATE OF UTAH )
ss.
COUNTY OF SALT LAKE)
On the / day of February, 1964, personally
appeared before me G. A. Cunningham, who, being by me duly
sworn, did say that he is the General Manager of the Oregon
Short Line Railroad Company and its Lessee, Union Pacific
Railroad Company, in the State of Utah, and that the above
and foregoing acceptance of ordinance was signed by him on
behalf of said corporations, and the said G. A. Cunningham
duly acknowledged to me that he executed the same.
My Commission Expires: ("" ;�.
Notary/ , 4
Residing at4 r/, 4;,k/�� Ck'/ A
ADM.9lA
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
D M Ockey
Being first duly sworn, deposes and says that he is legal advertising
clerk of the DESERET NEWS AND SALT LAKE TELE-
GRAM, a daily (except Sunday) newspaper printed in the Eng-
lish language with general circulation in Utah, and published in
Salt Lake City, Salt Lake County, in the State of Utah.
That the legal notice of which a copy is attached hereto
Snit 'lake City Bill No. 4 of 1964
An Ordinance granting to Oregon Short Line RR Co.
and Union Pacific Railroad Co. right t, cons tract
and operate upur track along Third ,Vest.
was published in said newspaper on
Jan a se y 21„ 1964.
Legal Advertising Clerk —)
Subscribed and sworn to before me this 27th day of
Jan ua ry A.D. 19 64
Notary Public
• My Commission Expires
Nov 25, 1965.
I
"lLegal iNotices
•shall'have had mike of any self
andoils and an opportunity to appear
defend Me dame; end said
grantee,Its-successors and assigns,
hall appear,in end dEtg all achOl
anyU ihiutY on5damaegea bye aE ISosl Yllf
ins conttrucllOn,o r Ibn Y mein-
tenance gt sa tl irdgk. ,
I SECTION a, period
franchise is
aserdIna and,art¢odhetp how (SOP
Ina`if
a'a eat nine
nowncon.
Mat If fora tied of ni (9i con.
_ --- — curve months toped in! Ile r
-- -- -- this franchise itl track- of
�otg Sed for tise anted,afar hiher in la
Legal Notices ar�substantial
¢rabted,or a mere
substantial r track
f the
e s, sale par hire for said oid-
jenY'� AN ORDINANCE., o it/ as es,said spur
shall o itl-
em AN ORDINANCE GrwnT NAIL-TO bla ai ins option of satl Beard f
m THA Gx E�,UN SA N LINE aIS sCommissioners,ldoaofand If so ordered of
8Y,Lboa C 101 P H N Y Ake l,- track Board of Commissioners,l thirty
130) said
,m:NuAu , UNION PACIFIC RAIL-there erll within ion n them dart
A.. G..5 AN,ANu ON, rid restored
be removed and the street
HESsuxS AND ASSIGNS, i E et bal to condition r uniform with
NIGH 'u COAIM RUC i, ANRAIA the balance 1 said faddist a tlh re
-ANu MAIM AIN SIANUAkU s ace to gratle, coin
GHUGE R U K TEACK HLONU saiidt Boa ntl to the Sonars.ion /
'J91 L xu lVbL SI REEI A t)vv ANN said Board of Commissioners.rl.In the
ar pLbEKMAKLE AVENUE HND event of the faller¢ai Said 9rdn1¢e
of CALIrudNIA AVENUE IN SAL!10 remove said track and rand thn
LACE CITY,UJAH. Street,upon ch a[tion and Within
arc BE IT DLDMm,ao ue THE said Ihlrns loft days the ad vOal
nes'SALTD OF CU en./I ON e'S Ur eY p done by Sari Lake CItY at
e'SALT LAKE CI(Y,UiAN. the expense of the grenade.
StCliuN 1. A iranchlse ntl right PgrV by the Board OI Commis-
vdi 's tern g,:nie i loners of Sale Lake Citr,Utah,Ellis
w and it Sheri Line ken,eau Coi�ip nv Zlsl tleY of January.iC6d.
arid Lessee, VnirHi Paci�ic e' J.BRACKEN LEE.
rnatl ConibanY,an'fo Ihgir SueceS Mayor.
HERMAN J.NOGENSEN,
eoisgandd ae Oaig starMdrU.ga g¢ CItY Recorder.
�lo-s tar track IenB Third Wesf Street (SEAL/
ter art ending nor er ntl 0 In Cab,BILL N0.a of 196a
arlY belwean rL.lbermLrle and Cab,published JenuarY 91,196d: (A�liq)
sOrnla i Af vThules tWe pto in met he
its Third West Street Intersects we
the
j re'western Tutith Oina its extension I ferisecfia pil with
Iha'Third West Strati the east side
f said Third Wise Street.
thisE franchise the srantee shall be
aubleolTno the following
oliowin halconditions:
n
for aeon a 000torm to ins Oil times
p' be elnlalnee by 11e grantee to
Ode< form to the grade of aid sued',
Will and ifsaid nanc of
Iterward
erechanted y ordinance I the Shard
of Ci1Y Commissioners, the omelet
1 r- hell¢at on exrack than to
den j' elevation of thetrack�s a to
that Conform 10 ee s a
1hhtnn� id Wtrack
k is r ruhr ledstr s He be
Pr' Saidpaled, es rfacedt o crepal repaired the
'ch.said grantee, ils successorsandg
ter,assigns shall pave,resurface or -
pair beWeen the ilz d Fort
spiesf two i]1 feel ISids al ee h
Used wonnthe said street, r wkhttuch
snother terlal may.be approved
,bY the Board c1 Commissioner^e d
at-.base of
such,thic nesson a shalls be
Slohe sd by said Board of ammis-
dIr Ic) Sald track shall be laid and
-d the road operated so a to
J unnecessary aImpediment to tee aaom
ordinary of said street
ill! Upon hic E Is laid.
re; right to
regulate Cand reserves
the
I1li. seed I lI trains.engines and cars
�nI rated b t the grantee,ils a¢Ces-
0..,safel IfdInaputting In laid'lrank,asaid
al, grantee shall r m or In any
street,
idewalk. sorbs or it gutters ofa snld
1 e t, it shah rmlace such pave-
ment material as shall be ltordered
!lee by said Board of Commissioners and
tl• hall enlace such sidewalks and such
Is curbs d g hers to the satisfaction
art of is Board or Commissionersand
shalSe.they will will callowuct mefhe treegpassage ai
rater Et and bef to the satinfaciien and
to, dill said
dsgrantee hal puts in a d
er said
°d tracksquiredhbe e fsarom
lB Odle ngs Yto Cone
ss ml9)oGood end sufficient conduits to
NNs eunuch water hall be laid and main.
gt.Pained;I good condition al the x.
ry tense f s itl eransat i all watas
lb admit YtheafreeY passage act water.1
SECTION h.Nothing in this grant,
shall be s strafe s fo rave e
I.Snit ssLake Clir o ifs authorized
ski attonsotto vooiors.n frnbchi oY m v
Ptah note oran r hayinrter be
9g Sed,from paving, laving sewer
ilnas, laving nos water mains,
h;pipes 0 conduits,altering,reparing
in en' manner Improving said i
as sifter.
rYy SECTION s. Said grantee herein,
ik ccessors assigns Its and a gn shall antl
an itfr acceptance e 1 the d, nd
and franchise herein granted, and
he1 s dnd tIn of the sam, des
rcbr,Intl itself,Its s anoe n tl
Pnanecnine,insane acceptance
ale ciiv`bar ntee;
el tram all salts, Satins,demands and
sTlaegmenf5 whatsoever, hether
n I w tout tv, enieh hall be
s,seofreetl,Pound or dared In any
roan Infuryhaor eamapenafos abutting
➢roeenir,person at Intents or other
IS by se o/ihe gonnting f
el this�h'enchise or he r f the
eke Ganstrueh n a e reasono!t id
of t ck s that fee assigns,
herein,
hs seccesserO and as o s will par
oe ime mount of !udgment,ch it
as m°ion or rooecanon y bo lr
,Sailed tier loondp e9+Indernssaid aalrbiake
S i City; providd, howeve, that aid
grantee,Its successors and assigns,