HomeMy WebLinkAbout40 of 1945 - Franchise to Oregon Short Line Company (Union Pacific Rail Road Company operate and mantain undergro KULL C. kLL —
VOTING Aye Nay Salt Lake City, Utah, , 194 7
Affleck
I move that the ordinance be passed.
Matheson . . . /f j
Romney - ` f
Tedesco ,
Mr. Chairman. . „
AN ORDINANICE
Result
AN ORDINANCE.
AN ORDINANCE GRANTING to the OREGON SHORT LINE
RAILROAD COMPANY, ( UNION PACIFIC RAILROAD COMPANY, Lessee),
the right to construct, operate and maintain underground
pneumatic tube system between Union Pacific Building, at
Main and South Temple Streets, and the Passenger Depot, at
Third West and South Temple Streets.
Be it ordained by the City Commission of Salt Lake
City, Utah:
SECTION 1. That the OREGON SHORT LINE RAILROAD
COMPANY, (UNION PACIFIC RAILROAD COMPANY, Lessee), its
successors and assigns are hereby granted the right to con-
struct, operate and maintain over and across the streets,
avenues and alleys, or other public thoroughfares in Salt
Lake City along the following course:
Beginning at a point on the west side of
Third West Street, which point is 325 feet south
and 88 feet west of the northwest corner of Block
84, Plat "A", Salt Lake City Survey; thence 880
feet across Third West Street along Learned Avenue,
and across Second West Street to the east side of
Second West Street; also beginning at a point on
the east line of Block 85, Plat "A", Salt Lake
City Survey, which point is 325 feet south of the
northeast corner of said Block 85; thence east
132 feet across First West Street to the west line
of Block 86; substantially as shown by blue print
in yellow lines and markings attached hereto and
made a part hereof,
/ a pneumatic tube system consisting of two insulated four inch
tubes laid side by side, in a trench approximately five feet
in depth, along the above described course, also, the right to
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construct, operate and maintain branches thereof at such points
and in such manner as may be best adapted to the respective
location and requirements, as the City Commission may hereafter
authorize.
SECTION 2. All trenching or other excavating and all
refilling or other work done by the grantee in any of the streets,
avenues, alleys or public thoroughfares, shall be under the super-
vision and to the satisfaction of the city engineer of Salt Lake
City, and in case any curb, gutter or pavement or other public
property shall be displaced in excavating any work herein
authorized, the same shall be restored to its former condition and
meet the requirements and be subject to the approval of the City
Engineer, provided, that before said grantee shall disturb any
curb, gutter or pavement or any other public improvement, it shall,
on the request of the City Commission, furnish bond with good and
sufficient sureties to the satisfaction of the City Commission to
protect the City from all injury to its property by reason of such
disturbance.
SECTION 3. Before commencing on any section or division
of the work herein authorized, the grantee, its successors or as-
signs, shall prepare and file with the city engineer detailed
plans of the proposed work on such section or division, showing
its location, dimensions and character, and all such plans shall
be acceptable to the city engineer and the City Commission and the
work shall be performed in strict accordance with the plans so
approved, and to the acceptance of the city engineer and City
Jommissioners of Salt Lake City.
SECTION 4. The location of all pipes and conduits shall
be such as will not interfere with any sewer, gas or water pipe
previously laid, and after the location of said pipes or conduits
shall have been fixed in the manner hereinabove provided, the city
shall not do any act that will permanently impair the franchise
iereby granted, or unnecessarily interfere with or injure the
structures, operations or business of the said grantee.
fY,
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SECTION 5. Salt Lake City shall in no way be liable
or responsible for any action or damage that may occur in the
construction or operation of said pipes or conduits, or other
appliances or appurtenances by reason of the default or mis-
conduct, or otherwise or at all, of the grantee, its successors
or assigns, or any of its employes, and the acceptance of this
grant shall be deemed on the part of the grantee for itself,
its successors and assigns, to save the city harmless from and
against all liability, loss, costs, expenses and damages of any
nature arising out of any such default or misconduct, or which
may accrue by reason of any accident or injury which may occur
in or by reason of the construction or operation of said pipes
or conduits, or other appliances or appurtenances, and to in-
demnify and repay said city for any loss, costs, expense or
damage of any kind it may sustain by reason of any such default,
misconduct, accident or injury which may be recovered against
said city, the recovery thereof and the judgment therefor shall
be final as between the city and the said grantee, its
successors and assigns, and conclusive as to the liability of
the latter to the former; Provided, said grantee shall have
notice of the pending of any suit in which such judgment is
recovered and be given an opportunity to defend the same, and
provided further, the grantee, its successors and assigns, shal
not be liable for any damage for personal or other injuries
arising from or growing out of any negligence or want of care
on the part of said city, its agents or servants, in its use of
said pipes or conduits and appliances or appurtenances.
SECTION 6. If this grant with all the terms and
conditions herein contained be not accepted in writing by the
grantee within sixty days from the passage of this ordinance,
then this franchise shall become null and void, and all of the
grantees' rights hereunder shall be forfeited and of no effect.
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 that this ordinance shal],/,
take effect immediately.
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SECTION 8. This ordinance shall take effect at once
and upon its first publication.
Passed by the Board of Sommissioners of Salt Lake City,
Utah, this yt LI—day of Xuly, .1.,.. D. 1945. /
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Affidavit of Publication
STATE OF UTAH,'
County of Salt Lake ,
Legal Notices D M Ockey -
AN ORDINANCE
E •• Being first duly sworn,deposes and says that he is the ad-
AN ORDINANCE GRANTING to
the DOREGONCOMPANY
SHORT LINERAIL- vertising clerk of THE DESERET NEW S,a newspaper RAILROADPCOMPANY,Lessee).
the
tight to construct.°°mius and mane published in Salt Lake City,Salt Lake County,in the State
taro underground pneumatic tine
stem between 'Union So Pacific
system
Ste, et.sin end south Tam- of Utah.
Tem-
ple Streets, d the Passenger De-
pot; at Third West and South
Temple Streets.
' Re i1,ordained by the City Com-
mission of Salt Lake City,Utah: That the advertisement
SECTION 1. That the OREGON
SHORT LINE RAILROAD COM-
PANY, -(UNION PACIFIC RAIL-
ROAD Ord Ordinance Bill No 4�) l,t'l�'-`� 1'-O to
COMPANY,Lessee),its e.
a signs hereby Railroad Co.
masers
Grantin,, the Ore7or. Short Line
ara4e granted she right to
construct,are
ddeac on-
sleets, acenpeover
d and across
ea th,i--r•.i,'*tit to construct, overate and
other nubile thoroughfares `Salt -
Lake. City •along the following maintain an Lndergronnd nnewnatic
cburse:
Beginning t West
Streetside
, co88 rner
Salt Late City Corooration.
point a ace feetnorthwest
south we and
oast kt , the o Salt of Block y) Plat "A:' Salt Lake
ily Smithy;thence egg feat erns was published in said newspaper, in its issue dated, the
Third West d street' along Learned 45
Avenue.t Secoond West ,r,71_yf
West .,el; I5 o lab ogo att a ?Pth day of - A.D. 19
West S,reel; .also beginniue
point the a st line t Bwck g5,
Plat "A," Salt Lake City Survey. 1 t uno
hick point is 825 fee! south f and was published -
the86: northeast° f e across
Fir thence east said.t
ofr Block West 8 Street to all west own
of lueprint
substantially as shown
by nine Dette yellow lines and the last publication thereof being in the issue dated the
markings attnebed hereto d made
a part' thereof, a pneumatic tube 4S
system misting of two insulated J ly I
er inch tubes law we by side, 28th day of A.D. .T 9
m a trench approximately five
feel in depth, along the above de- j
scribed course, also, the right to /
construct, operate and malnl On / i� ��.--_�_
branches tbereof at ouch points and --
m er as may be bait Advertising Clerk. 1
and equi ements,as the city Como
mission may hereafter authorise.
m SECTION e,All trenching or oth-
er and all refilling or
othexr work done by the grantee in
o• a
n of the streets, a ...
l
or public thoroughfares shall by e un- �=
d the supervision and to the b
Section-of the city engineer of Salt 31s t
Lake City, and in case a curb, to before me this day o•t
gutter r
pavement o other pub-
lic property shall be displaced m
v tin¢ any w' n au-
thorised, the same - A. D. 19
stored to its former conditionvaned- 45
set the /
j ct to the°approval of the City //yll(Il
Engineer,provided,that before said
l grantee shall disturb'any b,gut• %
ter of pavement or an finer DRb• '
lie improvement, it shall, o the
request f the City Commission,
furnish bond. with good and uf-atisfaction Notary nblzc.
otf the City trCommisees to hon stNotaryprotein
the ertyC from allof
by a injury such disturrb e c.
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SECTION 3. Before commencing
on anysection r division the
work herin authorized,the grantee,
its successors or
assigns,shall pre-
pare dfitewith the city engi-
neer plans of the proposed
work
on such section or division,
showing its location, dimensions
and character, and all such plans
shall be acceptable to the city en-
gineer and te City Commission and
the work shall be performed n
strict accordance with the plane
so approved,and to he acceptance
of the city engineer and City Com-
m of Sail Lake City.
SECTION 4. The location of all
pipes and conduits shall be such as
will not interfere with any
and atarigas or thelDalocation u'of el said
pipes or
conduits shall have been
fixed in the manner herein above
provided,the city shall nit do an
t that will permanently,impair
the franchise hereby granted, or
unnecesaarily interfere with o
re the structures, operations in-
jure
business of the said grantee.
SECTION 5. Salt lake City shah
In no way be liable or responsible
for any action or damage that mar
the construction o opera-
tio occur n a
of ld pie conduits, or
other appliances or appurtenant,.
by reason of the default or
duct,oror at or otherwise all.of,the
grantee, o
its e signs.pr
any of its employe, and the
ceptance of this grant shall be deem-
ed ma the can of the grantee for
itself,its successors and assigns.to
save the city harmless from and
against all liability,loss. coats,ex-
penses and damages of n turn
arising out f any
hichsuch any
act o
misconduct, o accrue
by x of any accidentor injury
which may occur nor by re of
r
the.construction o operation of said
pipes or conduits,or other applianc-
es
or-appurtenances..and to dem-
ily and repay said city for any
lone, coats, expense or damage of
• any kind it may sustain by reason of
any such default,misconduct, a
dent orinjury which may be real,
ered against said city,the recovery
thereof and the judgment therefor
shall be final as between the city
and.the said grantee.its successors
and assigns,and conclusive as e
• liability of the latter to the for.
Provided. said grantee shall
have notice of the pending of any
nit in which such judgment i
covered and be given an opportvni-
trto defend the same, and pro-
ylded further.the grantee,its e -o
and assigns. hall of be
liable a for any damage for personal
o r other Injuries arising from or
growing out of any negligence n
want o1 e n the part of said
ity. its agents or servants, in its
nee of said pipes or onduits and an.
pliances or appurtebbacee.
SECTION 8. If this grant with
all the terms and conditions here-
in contained be not accepted In
writing by the grantee-within siotr
days from the passage of this ordin-
ance, then this franchise shall be-
come and void.and all of the
fgrantees' rights of-hereunder-shall be
forfeited and
SECTION T.In the opinionof the
-Hoard of Commissioners,it is
neces-
sary to the peace,health and safety
tf the inhabitants of Salt Lake City
hat this ordinance shall take effect
immediately.
SECTION 8. This ordinance shall
take effect at once and upon its
time publication.'
i Passed
M Salt Lake the n Citty,U Utah.this
sinners
• day of July,RLJ(,GLADE,
Mayer.
IRMA F.RITNERR dw
(SEAL), CCsr
HILL NO.40.
t. Published July 286h,1846.
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