41 of 1956 - Granting to L.S. Swaner and John M. Wallace, a franchise for doing business under the name of Indust Jalt LUKe 41ty,VtalVi Al....(..vl...t,_I,t.0 -LYo
VOTING Aye Nay
I move that the ordinance be passed.
Burbidge . .
Christensen . . /�
Nicholes
• • • ✓` \\
Romney . . .
Mr.Chairman e / AN ORDINANCE
Result ��
AN ORDINANCE GRANTING TO L. S. SWANER AND JOHN M. WALLACE, DOING
BUSINESS UNDER THE NAME AND STYLE OF INDUSTRIAL CENTER, THEIR SUCCESSORS
AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE
RAILROAD SPUR TRACK IN, ALONG AND ACROSS FORTUNE ROAD., EXTENDING SOUTHERLY
IN A CURVE A DISTANCE OF 112.1 FEET IN AN AREA LOCATED 819.39 FEET WEST
FROM REDWOOD ROAD, ALL IN SALT LAKE CITY, SALT LAKE COUNTY, STATE OF UTAH.
BE IT ORDAINED BY THE MAYOR AND BOARD OF CITY COMMISSIONERS OF
SALT LAKE CITY, SALT LAKE COUNTY, UTAH:
SECTION I: That L. S. Swaner and John M. Wallace doing business
under the name and style of the Industrial center, their successors and
assigns, be, and they are hereby granted the right to construct, operate
and maintain a standard gauge railroad spur track in, along and across
Fortune Road, extending Southerly in a curve a distance of 112.1 feet in
said street, in an area 819.39 feet West of Redwood Road, all in Salt Lake
•' " City, Salt Lake County, State of Utah, the location of said spur track where
it is proposed to be constructed in, along and across Fortune Road being
more particularly shown upon a print which is attached to and made a part
of the petition, the description of the center line of said spur track being
as follows:
Commencing at the monument at the intersection of 1700 West
tnttwood Road) and Fortune Road thence at right angles N. 41°
$10 - 52" E. 25.0 feet to a point in the northeasterly line
of.Fortune Road produced, thence No. 48°05'08° W. along said
northeasterly line 819.39 feet to the intersection of the)
center line of a proposed spur track with said northeasterly
line of Fortune Road which is the true point of beginning,
being at Engineer's Station 1"35.4 of said proposed spur track;
thence southerly 112.1 feet along the arc of a curve to
the right having a radius of 287.94 feet to a point in the
southwest line of said Fortune Road; tangent to arc at said
point bearing S. 10°19'58° E., substantially as shown in yellow
on the attached print which is made a part hereof.
SECTION II: During the term of this Franchise the Grantees, their
successors and assigns shall be subject to the following conditions, viz?
- G -
a- The said track shall be laid upon and conform to the established
grade of Fortune Road, but, if said grade is afterward changed by ordinance
of the Board of City Commissioner, the Grantees shall at their own expense
change the elevation of said track so as to conform to the same.
b. Whenever said street where said track is constructed shall be
paved, repaved, resurfaced or repaired, then said grantees, their successors
and assigns, shall pave, resurface or repair between the rails and for a space
of two feet outside of each rail with the same kind of material used on said
street, or with such other material as may be approved by the Board of
Commissioners.
In the event said grantees shall fail to pave, repave, resurface or
repair and surface any area as herein required for a period of thirty (30)
days after notice from the Board of Commissioners so to do, the City shall
have the right to pave, repave, resurface or repair between the rails or
said surface or area and the Grantees agree to reimburse the City for the
total cost of said work, labor and material.
c- The 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- Good and sufficient conduits to convey water shall be laid and
maintained in good condition at the expense of said grantees in all water
ditches crossed by said track ao 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 success-
ors and assigns, upon the track aforesaid. Neither the engines nor cars
shall be permitted to remain on said track.
f- If, in the replacement of 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 hoard of Comm-
issioners 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 Commissioner.
SECTION III. Nothing in this grant shall be construed so as to pre-
vent Salt Lake City or its authorized agents, contractors, persons or corpora-
- 3 -
tions to whom a franchise may have been or may hereafter be granted from
paving, severing, laying gas or water mains or pipes, altering, repairing, or
in any manner improving 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 shall at their own expense underpin and protect their track while
said utility is being placed under the track.
SECTION IV. The said grantees herein, their successors and assigns,
shall, and by the acceptance of the privileges and franchises herein granted
and in consideration of the same, do bind themselves, their successors and
assigns, upon their acceptance of this franchise, to save the 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 whatso-
ever, 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 successors and assigns, will pay the
amount of the judgment, determination 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 brought
against Salt Lake City for any injury or damage by reason of the construction,
operation, or maintenance of said track, provided, however, that said grantees,
their successors and assigns, shall have had notice of any suits and an oppor-
tunity to appear and defend the same.
SECTION V. This franchise is granted for the period of fifty (50)
years from and after the date of the passage of this ordinance, provided, how-
ever, that if for a period of nine consecutive months during the life of this
franchise said track or any part thereof is not used for the purpose for which
this franchise is granted, or if there is a substantial abandonment of the use
of said track or any part thereof, this franchise shall be voidable at the
option of the Board of Commissioners, and if so ordered by the Board of
Commissioners, said track shall, within thirty (30) days after notice, be by
said grantees removed from the street and the street restored to a condition
uniform with the balance of said street with respect to grade, materials
and construction to the satisfaction of the Commissioner of Streets and Public
Improvements. In the event of failure of said grantees to remove said track
and to restore said street upon said notice and within thirty (30) days
- 4 -
thereafter, the work may he done by Salt Lake City at the expense of said
grantees.
SECTION VI. Unless this franchise and all the terms and conditions
thereof shall be accepted in writing by the grantees herein within thirty(30)
days after this ordinance becomes effective, and unless said track be con-
structed within two years from the effective date thereof, then this
ordinance shall be null and void.
SECTION VII. 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
23rd day-of May, 1956.
•
p` R tfilml""
( S E A L )
BILL NO. 41 of 1956
Published May 23d, 1956
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Application of Industrial Center
for Franchise from Salt Lake City
Corporation and permit from Public
Servioe Commission to cross Fortune
Road with a railroad spur track.
•
Salt Lake City, Utah
- Scale: 1a - e- 100 April 25, 1956 µ
Ind ustr'43' Center
SALT LAKE CITY'S IT IAL ADDRESS
1700..o.REDWOOD ROAD : i3..-.--.� _ ., SA,_AnE ciry rnH
June t, .1956 RECEIVED
JUN 2 195
Salt Lake City Commission
City and County building )ItY����Y�/��n���
Salt Lake City, buih YNt�'nt14\08\o++
Attention: Herman J. Hogensen City Rec,,er
Gentlemen:
We hereby accent the terms set forth in the
ordinance and franchise diving us permission
to install a spur track crossing Fortune
Road, as described in said ordinance dated the
23rd day of raay, 1956.
Var, ruly yours,
Leland S. Swa e.
Manager and Ce-Owner.
LSS.1g
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
D M Ockey
Being first duly sworn, deposes and says that he is adver-
tising clerk of THE SALT LAKE TRIBUNE,a daily news-
paper published in Salt Lake City,Salt Lake County,in the
State of Utah.
That the advertisement of which a copy is attached
hereto
Salt Lake City Bill No. 41 of 1956.
AN ORDINANCE granting to L. S. Swaner and
John M. Wallace a railroad ri6ht of way.
was published in said newspaper on
May 25, 1956.
Advertising Clerk
Subscribed and sworn to before me this 23.th day of
.May A.D.19..56.
Notary Public
My Commission Expires
Box.25--19.5.1
•
'AN ORDINANCE
ON ORDINANCE GRANTING TO 1 SECTION IV. The said grantees here,
S\Y- tEII ADD SOHN 117 WALLAl' in,Il i d halt,
l0.Nf BUSINESS UNDER THE NAM and by the eptance of the vs
AND.STYLE OE INDUSTRIAL CENTER, litgesand trauol,,.s herein€:'anted and
THEIR SUCCESSORS AND ASSIGNS, of the same.do bind
'I'11E:RIGHT TO CONSTRUCT, OPER. the nselvr...their successors and assigns.
ALL AND MAINTAIN A STANDAR upon their I f this franthise.
f.AI1GG RAILROAD SPUR TRAl(I to save the Cry 0 ] fro. '11
ALONG AND ACROSS 1 ORTIIN suits,claims. demands IJudgments
ROAD, EXTENDING SOUTHERLY II ,whatsoever.w1 II in law or in POPO,
A CURVE,A DISTANCE OF 112.1 EFF which shall be asserted, d m rew
IN AN ARIA LOCATED 810,30 I'LL dared in any manner whiilsoever,
WEST S]lOir .REDWOOD 110AD, Al.(( against said City f r in.,or damage
!IN SALE LAKE CITY, sour L.AIC,. to abutting ty or otherwise by
U_N'C' S'PATI Ol'L:TAII. reason OF.e grantingf this franchise
BE 11 ORDAINED BY THE MAY0( b f thet- f and
AND BOARD OE CITY COMMISSIOr( 11 k d tl t t t. their
Lll1 OE SALT LACE CITY,SALT'LAI4 successors and a II.
pay Ito
COUNTY,UTAH t f theit/dome:it,t determination
SECTION It Tell S.Swan,_ d' 1 t which -to
3 h 1 W 11 6 d dr h Il 0_ f mi
Die ai l t l_ the Industrial t Salt Lake City. and the -ad
,(older, their successors and assign yy grantees,the successors nd a .
be,and they r c a a nutu
hereby asranted sh( shall a and defend all actions
right to construct,apernte and malt; brought against Salt Lake City for a
lain standard (auto nod rr9 in1nr r damage by x of the r
II:,1 in, along And across a 1'orinn{ slfuction,operation. r maintenance oof
n
Road,extending Southerly'i rvi said track.provided,however,that said
n distance of 1121 feet in d IIrce a Ices, theirsuccessors and assigns,
tor'
en ale l a' 0'tl [IC]woe shall have had notice 00 r ones
Ronpli',l in Soh Lake City,Salt Lirk god a opportunity to aPnrat and de
said County,State of here the location eSd tes
said sour when:o g Proposed[ t SECTIONforthe p This ofIDliv 1 is prang
be construct. i along and oa Don
for the period of fifty e passage
gloom
111 print m s alcnlar fro:nand ordin theance,
date of the ens
print av tlef l.s petition,
tc 10 this or aaperi provided. however.
tempt matte a part of colder line of,lh that,, for a :othe l e
rude rotten of rhofooline of,sat live months r(turnip the life rod this hereof
tran-
sude oracle being at
follows:m 1 1 ;and track act thereof
( t H I t o d for 11 for h
tha intersection f re
woolln,Rood
t (tt.Q it franc..i -grained _f
I I i 1 l tl a Isubstantial e4an oetn t the
t -right angles N d. S4 2 E.25 f s d track Or s rt thereof,
feet to it11,111 in the northeasteri• [this fraiighise shall be voidable at.the
hoe of Comore Road nrnduord,thane( option of the Rimed of(1o.1,4 01nI n,,,'
4a'O II,,, 1V, alone said north, and it ordered by the Roard of 010111-
-erl.v Nina 819.23 fee'. to the tlx said track shall, within
i terser/lion of tl:o winter line of I thirt]oldo) days alter be
PDOPO. by
U track with 'd north. said L e e the street
easterly1 f Fortune Road whie and the street restored to 1 L on
Ilie true point of beginning,it n Imithrin with the halanoc n,said tact
t Engineer's Station 1.35.4 of with t 10 urespect t d materials aid
premised SPLIT trails.'ttare nD r1)' c.t,tp ion to the.,t'a cntti f the
1.1 tI fret lavi the a ofsa (;ol of Cie eye,
and Dubuc of
re Iht right ins having radios e t lin� _ tvlscn In the en sand failure of
point a the southwest t line '1 n t to remove said Dark
of tsaid lielTune Iloolt t toct t for 0-1 t 'I notice
t point 1 t bearing S.10 E, L 't a(30l thereafter,
I l l 11 shown inp01'a 1 0 , thirty
Ivor, be done by Salt Lake
th Lt hc1 -t 1 h I City at the F grantees.
t 1 f t c VI. Unless bit franchise
' SECTION II, Diming the term 01 this and all the terms and writings y the
1,111 assig the Ora 0o their s shall 0 anted in writing by the o£
baid nsslun ,hell In nrbjec4 to the tolY aspires herein nce tin thirty cam days
l0'1 conditions,` 1,1 v aster unless
ordinance beobe constructed nstruea
1.:
i —The sal<I 11'ook shall Ile laid a and aplaes seed frank be effec
aid orinneconform W tl01 established rends ate t £eon the
31 Corinne Ls but,if sold grade i bete theandf,s id. this ordinance shall
nitcrwat'd I by ordinance of the be null and IId.
changed
l City t t ( an. SECTION Co Whereas in the 0000
t shalt [their ale, the Commission anemergency
tl -I t o I tack to -.tx,this 01,11111000 shall take effect
conform to ter.mime. immediately tier Board
of Co hereof.
S.
Whenever said street here said s Passed after
Board o1 h,this 13,-
xh 0011 Isbell be Paled,en a of Salt Lake City,Utah,this 23rd
t• c e '-read red, as- der of May,LOaG.
said grantees,w: a end n ADfEi,I'.STEW ART,
shidl p successors
«fetcc ro Maths.
srepair
10,1 feet
the idYils near for,t al ( 'HFAb1AN�/, It Gy Recorder.
own fa et outside of each rail with theCity Rerm'dm'.
same Jcled of such
other
,sad o said (er,L)
stre56
et.a with au rh the
a Blr,i.P1O.11 of tfl110
n ocN as Pnhltsh ail Ma
• y be approved by the Board Com ]'aa,lSdf, u oat
nn Ill the 4event said grantees shall fail
to pave,repay,resurface or repair and
't:ice any area hernia r nil for
of thirty(30)days afters notice
from period m the.Board of Commissioners so to
• the City shall nave the tight to
twerp nCoerrcila n said ve e be-
s
a aid the grantees agree to reimburse
the City Inc the total cost ot said
orlc,labm-and n.ale,nal.sv -1'Im said :ark sh air 0 laid and
a the aod up'ralvd SD av to c:.rrse ono
- ndimenL to the common
laid.
o u off said street upon
which:t it laidsa
A-Good and all b la conduits to
water shill be laid lily main-
tained said nt]condition a a the cspcose
of.said in
good all water ditches
crossed hYD sand track s s t0 ad/nit
of fa'hi p:Lakee it Water.a
e out Lake City reserves the right
l'Ve
al regulate and c n innol the s of
all stein S, engines so and n gated
try the grantees, their s and
the track Ce aforesaid.
be
Nether the upon
shah be
m if,i to e rouon01aid/rack,
permitted
((mange
a L10 ep000. sait
shalt re of said track, said grantees
shall the pavement
m in any manner interfere111,gl
with the Pavement sidewalk,curbs,they
ter ,ih.strnot,tthe vatrrrvays n
shall Or
arc such pavement with the
suchsame other Board
iris-
shall
tompdnreil ha the hoard of Cnm mis,
shall replace waterways
sidewalks,
the
`idisfaetio bra' ;and wale:issi to Ile'
Street,i it air and
Commissioner of
Steer la con rut11 Bnprove men is roll
Shall s construct the l allow
and water,
ways that that will allow the free
passage of to the satisfaction
or aCTf"OnniasinNot
'0.311 be c nst N,: hen 1 in this grant
Salt
Lake
construe,: In ant
Salt La1ee lily o its so
corporations
rntt'aao rs, casinos
in whom a franchise igi may have been o
nisy nag.laying be e anion from paying.
.altering,ryhm t veer mains or
aian, eeh but made Untihn'et improving
halt he mode
with as little improvement,
a acticable In
o
id track and Lhc o ration therm[.
When Salt Lnlce City ...ekes to
plat arc/Tees l utility under said track.the
sha'll a1 Ihcia o
peepin and t their trackn
r obi.
said t=;itv is being placid undo'tee
track,
/ 1