41 of 1946 - Franchise for Granting to Denver and Rio Grande Western Rail Road Company and Wilson McCarthy and He •
ORDIttANSIt
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY AND WILSON McCARTHY AND HENRY SWAN AS TRUSTEES
OF THE PROPERTY OF SAID RAILROAD COMPANY, THEIR SUCCESSORS AND
ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD
GAUGE RAILROAD SPUR TRACK OVER AND ACROSS THE WEST 60 FEET OF
FOURTH WEST STREET BETWEEN SEVENTH SOUTH AND EIGHTH SOUTH 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 Wilson
McCarthy and Henry Swan as Trustees of the property of said Rail-
road Company in reorganization proceedings and their and each of
their successors and assigns to construct, operate and maintain
a standard gauge railroad spur track over and across the west 60
feet of Fourth West Street between Seventh South Street and
Eighth South Street in Salt Lake City, Utah, the center line of
said spur track being more particularly described as follows:
Beginning at a point in The Denver and Rio Grande
Western Railroad Companyls westerly main track in said
Fourth West Street approximately 220 feet south of the
south line of said Seventh South Street; thence on a
turnout to the right off said westerly main track on a
curve with radius of 461.73 feet, 61 feet southerly;
thence continuing southerly on tangent to said curve
10 feet; thence continuing southwesterly on a curve
with radius of 193.19 feet, 116 feet to the west line
of said Fourth West Street at a point approximately 400
feet south of the south line of said Seventh 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 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 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
Commissioners, and all ties shall be laid upon a con-
crete 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.
,h�
(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 pave-
ment, 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 the Board of
Commissioners and shall replace such sidewalks and
such curbs and gutters to the satisfaction of the
Board of Commissioners and shall so construct the gut-
ters that they will allow the free passage of water
and be to the satisfaction of the 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 the 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 whatsoever 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 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 successors and as-
signs, shall have had 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 construc-
tion, operation or maintenance of said spur 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 pur-
poses for which this franchise is granted, or if there is a sub-
stantial abandonment of the use of said spur 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 Commis-
sioners, said spur track shall within thirty (30) days thereafter
s
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 the 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 ex-
pense of the grantee.
Section 6. Unless this grant and all the terms and condi-
tions thereof shall be accepted, in writing, by the grantee herein
within thirty (30) d, ys of ter'the taking effect-.Of this ordinance,
and unless such track be constructed within one,year from the date
of such passage thex.this ordinance shall be null and void.
Section 7. In:t1e 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 im-
mediately.
Section 8. This'ordinance.:shall take effect upon its publi-
cation.
P sse by the and of Commissioners of Salt,,"Lake City, Utah,
this 7'0 (ZC day of 1946.
Mayor
A4446
City Record r
Bill No. l�
Published
r.
-3-
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 the 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 ex-
pense of the grantee.
Section 6. Unless this grant and all the terms and condi-
tions thereof shall be accepted, in writing, by the grantee herein
'within thirty (30) days after'tie 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 :tie opinionsof the Board of Commissioners it
is necessary to the peace, health. and safety of the inhabitants
r. of Salt Lake City, Utah, that,this ordinance become effective im-
mediately.
• Section 8. This ordinanee:. shall take effect upon its publi-
cation.
P�a,sae by the and of Co Salt:lake mmissioners of Salake City, Utah,
this �"0e.,rday of , 1946.
Mayor
City Record• r
Bill No.
Published
-3-
\ •
t'�T r
•
Affidavit of Publication
STATE OF UTAH, 1
} se
County of Salt Lake f
�`°" D M Ockey
a1 I�lot ce
O
AN,"OItDOANCE dANCD GRANTING TO
�T it•psgNVAXt AND RIO GRANDE •
R EKN..90FThMOC DCOO PA ND- Being first duly sworn,deposes and says that he is the ad-
IaizY sPERVAA As P-SAITRUST •R GFvertisin clerk o THE DESE ET NEWS, a newspaper
pAs RTY OF SATE S OFD COMPANY, THEIR SDC- DnE4SOR9 ANb ASSIGNS, THE•
9t3AT To CONSTRUCT OFER• in Salt Lake Cit ,Salt Lake County,in the State
F
B A051 MAINTAIN A STAND• publishedy
D• GAUGE AND ACRO STD$ T
'VFWOVER AND ACROSS TAT OF Utah.
.$R0 FEET E FDDTI WEST L
•Slit T.' BETWEEN, SEVENTH
�¢p AND EIOATK-MUTE r:
` OTA�S TS-IN SALT LAKE CITY,
B IT ORDAINED BY THE That the advertisement
• D OF COMMISSIONERS OF
I A, 1,AKi5 CITY, UTAH:
Ordinanceand Bill No 41
Si''eaq Is hereby great. to The
Permer and Rio Grande •Western
.RaiIP°ad.Company d Wilson Mc•
•earthy and Henry and Ss True- Salt' Lake City Corporation
' irk*..ofiba property of emd Rail-
- 'eosd'Oompany in reorganisation pop--
u igge-end their and ach of their.
e ceeaeor11 nd assigns.each
E netruct,
dparate end.:mintain etamlard
errei-»11»ad pnr'Lrapk r a a
Strrite the Bat ee feet of Riuth
eet Banc-Eitwee°Seventh St Routh waspublished in said newspaper, in its issue dated, the
Street a Eighth South Street In
_-Ste-kO sc_?co,.ptrack the center
Deeiti:blarly spur track being more
peitnnlnri described as toll ewe:
• Bertd Rio at paint in The Dan- day of A.D. 19
CEr pany'se Grande Western Bauman
• Cdd,Four westerly mein.trek.
min .nrth vast Street'approxi-
mately soh June 22, 1946
no tent h of Lh oath and was published
hen et said mouth South right
of
thence at turnout to the ra c of
e Ai Neater',main track eo
sonar ratline of thence
continuing
oL ti feet.df curve ....the last publication thereof being in the issue dated the
utheraym nttoe d urve souther- --
]y en tangent to said curve er feet:on
athen.cur confirming aouohwesterly n
tfE feet%oht>;emmeat fhneT ni feet,
day of A.D. 19
Foerth Went Street at a point p•
Nd�M
imately .0 feet meth t the
hoe f id 9 e th 3 nth -`- G.—/t=--E_2
The lok.in of the center1 n
said teaak a . ph ny hm Advertising Clerk
)hew` .pI tee tyamh t iYM is
Inch 1s�1mE bl mFtip a n t ht tk e
¢rli a4f'e.
Je tip¢thl9.el g the'Mimi f this.
Irahiee tLe N tes heal-bc sub-
!Mt•I the;sk :.tf 'conditions:
(al Thhatroalit t k-eh "'Lek ad '
rode h tah gres
'rmi t na then t n t• 24th
„esoMe it by thegrant t ro before me this
f a to the a ie of a et met.co.
day of
O Sor -ante is aftethe'Boar gf Citd
Co ordinance t the'Board of City 46
Commissionersp,the grantee hall,at
• its own, nperl A.the eleva- A.D. 19
tion:iof the track so a to conform
to.ti,s same.
ON Whenever said street where
- Seta track i structed shall be
paved. reeuriaced o repaired, the ���
aeta�K ptee it successors - - - ,
gn,.Shall Pave,resurface or pair"
between the le and fora space t -(di Satt-Lake City r me
two (I) loot oside of each 11 right to regulate and control the Notary P is
with the mono kind of material red �•eenneeee t trains,engines and e..-
on the said street,orwith such nth- rated ell
the grantee,its .ese•
er'in aerial asay be snot by ore and amine, Donseeid track.•
the Snard at a Itid selone»,-sod (0)'Ia�in butting in said track, - .
all ties shall be laid upon a con- said granite shall remove hr in gay
egSte base of stick thickness as shall manner interfere with the pavement,
directed'be directed by the Board of Com• sidewalk.,curbs or gaffere en said
m jonera. street,it oh.replace finch pare•
lc) Said track shall be laid and meat with the same or with Such
the Mad operated so as.to a no • ether material as ¢bull be ordered
unnecessary impediment to the aeons- y the Board of Commdeaionere and
nerm-sod ordinary a of said street shall replace such sidewalk. and
soon whlb it is laid. such curbs and gutter,Sc the Wis.
��{{ faction of the Board of Commis...
�d d shall so nalruet the ,
.8ff -- freeMater.-that they will allow the
free
ne of the-Boned o fCom-
' mlesioners. -
ffl daidker•antm¢bull Ont.in pd
maintain , n»eei1 Me ° Mid
"'reared
'sea�°d a and w Dose
e Fmrme of fDos
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