44 of 1935 - Granting to the Salt Lake Terminal Company, its successors and assigns, a franchise and right of way Rce, 108 • -
ROLL CALL
VOTING AYE NAY VV Salt Lake City, Utah, 193
Goggin
I move that the ordinance be passed.
Keyser
Knight
Lee ��
Mr. Chairman - - �
AN ORDINANCE
Result
AN ORDINANCE GRANTING to the Salt Lake Terminal
Company, its successors and assigns, a franchise and. right of
way to construct, maintain and operate a single spur track
from and between its main line on First sect street in Salt Lake
City to the property line upon the west side of said street.
Be it ordained by the Board of Commissioners of Salt
Lake City, Utah:
SECTION I. A franchise and right of way is hereby grant-
ed to the Salt Lake Terminal Company and its successors and assigns
to construct, maintain and operate a single spur track from and
between its main line on First '•:,est Stteet in z:.1t Lake City to
the property line upon the west side of said street as follows:
Beginning at a point in the center line of the west track
of the Salt Lake Terminal Company, said point bearing south 378.41
feet and west 4.36 feet from the City Monument at the intersection
44 of south Temple and 1st 'rest Streets; thence northwesterly along
thence;
the line of a `�00 foot radius curve to the left 64.9 feet;
north 10° west, 31 feet; thence northwesterly along the line of an
135 foot radius curve to the left, 101.0 feet, to a point on the
east line of block 78, Plat "A°, salt Lake City Survey, said point
bearing south 160 feet from the N. E. corner of said Block 78,
said. spur track being more particularly shown in red on, the attach-
ed 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, viz:
(a) That said spur track shall be laid upon and conform to
the established grade of said street, and if said grade is after-
ward changed by ordinance of the Doard of Commissioners, the grantee
44
shall, at its own expense, change the elevation of the track so as
Ito conform to the same.
(b) The said c;rentee, its successors and assigns, wheneve
so required by the Hoard of Commissioners so to do, shall pave, re
na.ve, resurface or repair betmeen the rails and for a space of two
(2) feet on the outer side of each rail where said track is con-
structed with such material and in such a manner as may he approve*
by the commissioner of streets and public improvements, and all ties
shall be laid upon a concrete base of such thickness as shall be d -
rected by said commissioner.
ti
In the event the paid grantee shall fail to pave, repave
resurface or repair any surface or area as herein required for a
period of thirty (30) days after notice from the Dotard of Commis-
sioners to so do, the city shall have the right to pave, repave, r.-
1 surface or repair said surface or area and the ,grantee agrees to
reimburse the city for the tot'.1 cost of said e ork, labor and ma-
terial.
(c) The aid spur track aha-11 be laid, and the read oper-
ated, so as to cause no unnecessary impediment to the common and
j ordinary use of said street upon ,hick it is laid.
(d) Good and sufficient conduits to convey eater shall
be laid and maintained in good condition at the expense of said
grantee in all eater ditches crossed by said spur trash:, so as to
1
admit free passage of eater.
(e) belt Lake City reserves the right to regulate and
control the speed of all trains, engines and cars operated by the
s;r.entee, its successors and as:ices upon the spur tre.c'_-. aforesaid.
F Neither engines nor cars shall be permitted to stand on said our
track on First West atreet.
(f) That if in putting in said spur track said grantee
shall remove or in any manner interfere with the pavement, sidewalk,
curbs or gutters or waterways on said street, it shall replace such
pavement with the same or such other material ae shall be ordered.
by the hoard of Commissioners and shall replace such siaewa ks a Q
1
•
such curbs, gutters and waterways to the satisfaction of the com-
missioner of streets and public improvements and shall so co.nstrue -
ni
gthe gutters that they will allow the free passage of ma ter and to
the satisfaction of said commissioner.
SECTION 3. Nothin• in this grant shall be construed so as
tlto prev::nt Salt Lake (;ity or its authorised agents, contractors,
persons or corporations to whom a. franchise may have been or may
flherca.Leer be granted from paving, severing, laying, gas or water
[mains or 2ipe, altering;, rena-irin , or in any canner improving- said
[streets, but all such improvements shall be. cede with as little
h
rinjury as practicable to said spur track and the operation thereof.
SECTION 4. The said. grantee herein, its successo and
Lssig_;ns, shall and by the acceptance of the privileges and fran-
d
p&chiles herein granted and in consideration of the same, does bind
titself, its successors and assigns, upon its acceptance of this
ranchise, to save the city harmless: from all suits, claims, demand,
t
land judgments whatsoever, whether in is-e or in eeuity, which shall
Abe asserted, found or rendered in any manner whatsoever, against
said city for injury or damage to abutting property or otherwise by
i eason of the granting of this franchise or by reason of the opera-
ion of said spur track; and that the grantee, its successors and
riaigns, will any the amount of any judment, determination or anyad-
ljudication which in suit or proceeding may or shall be found
1 .
in..t, elt La e Cityrind lair rantee, its succes ors and assigns
[H1,1
appear in and defend all actions brought against alt Take1
ity for any injury or damage by reason of the construction, opera
Lionn or maintenance of said spur track; provided, however, that saic
rrantee, its successors or assigns, sh:ll have had notice or any
tech suits and an opportunity. to ap2ear and defend. the sane.
SECTION 5. This franchise shall extend until the eapira-
;-ion of that franchise granted to the salt Lake Terminal Company on
-ecember 31, 1913, to-�-it, until the first day of January, 1964; pro
Tided, however, that if for a period of nine consecutive months dur -
Ling the life of this franchise the said a ur track is not used for
k�6
-4-
a
s the exoress purpose for which this -franchise is s;rU.nted, this bran
and. if so ordered bythe Board. of
chise :hall be nu]-1 and. void,
Commissioners .-
i_d spur track shall within thirty days thereafter
be removed and the street restored to a condition uniform Tith the
balance of said street - respect to grade, terzal and
rid eon-
�nith
struction, to the satisfaction of the commissioner of streets and
fails to remove ar.id
public improvements. T�.n the event -.r.zntee
3
tracks and resore saistreet Salt Lake City may do so at grantee s
expense, ' x s
'.-.�
S CT1 f,., Ness ss this, fr cn se r�6c 5111 the terms and
i
n by e
conditions tnca�ref hal .b� acc e_�tc -Ln�� tilento
the
- '4e11 It g,, f ordnance and
hereih within ar-T day0 from the x t o h�' ,
Unless said tm r co '€ruc'cd �;i; rr o c y4I from the date of
such passage, then thTeirdin nc- sft I]f be nutt,and void.
?
_it'CAON 7. In 'the o tin-on of the ,aid of Co:mti_scioners,
it is necessary to the peace, health and safety of the inhabitants
s
of F_alt Lake City, Utah, that this ordinance become ef`'ecti.ve im-
medi_stc1yL
=L'CTIO.l 3. This ordinance shall toce offect uooz, Liss
's
publication.
Pas,ed by the board of CoTv'i sioners of Lk.lt Lahe City,
Uta:h, this 24th doy of Sep tembcz`_,l?`J35.
4. '.a. ,.c-l-c t-.ay or.
P
City Lecorier.
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WEST INGHOU3E 5PU
Ausq'ust 29, I935. — ScaIe: I
Proof of 1tthhtrattnu
i�ltea Otutpe 1f Armin
STATE OF UTAH ss.
COUNTY OF SALT LAKE
LEGAL NOTICE
AN ORDINANCE
.?gin ordinance granting to the Salt H. P. or c-is PSON
Take TerrttlnaLqumpa5Y,its succes-
• s and assigns, a franchise and
right of way to construct,maintain
and operate a single spur track from
and between its main line on First being first duly sworn,deposes and says,that he is the Principal Clerk
West Street in Salt Lake City to the
property line upon the west side of
said street.
Commi sinners eof bSalt eLakeeFCity of the SALT LAKE DAILY TRIBUNE, a newspaper published in
' Utah: I
Section 1. A franchise and right
of way Is hereby granted to the Salt
Lake Terminal Company and its sue- Salt Lake City, Salt Lake County, State of Utah.
• s and a ng. to construct,
maintain and operate a single spur
track from and between Its main
line n Frake
City oto tlhe propertys linen
uponSaltLthe That the Notice AN ORDINANCE.
west side of said street,as follows:
Beginning at a point in the center
line
Lake oTf erminale sCt ompany saidepSint SALT LAKE CITY CORPORATION.
bearing south 378.41 feet and west
4.38 feet from the City Monument at
the Intersection of South Temple
and First West Streets;thence north-
westerly along the line of a 200-foot -
radius curve to the left 34.9 feet;
thence north 10 deg.west 31 feet;
thence northwesterly along the line
of a 135-foot radius curve to the left:
101.0 feet to a point on the east line
of Block 78,Plat A,Salt Lake City
Survey,said point bearing south 160
feet from the N.B.corner of said of which a copy is hereto attached,was first published in said news-
Block 78,said spur track being more
Particularly shown in red on the at-
tached print,which is hereby made 2�lth
a part of this ordinance.
Section a. During the term of this paper in its issue dated the
franchise the grantee shall be sub-
Ject to the following conditions,viz:
(a)That said,spur track shall be
laid upon and conform to the¢stab- day of September , 193 .5.,
llehed grade of said street,and 1f said
grade is afterward changed by ardi-
'lance of the Board of Commission-
ers,the grantee shall,at his own ex- and was published in each daily issue of said newspaper, on
pease,change the elevation of the
track so as tosaid
conform to the same.
soreandsassignsrwhenever succes-
sors September 2Rth. for
qulred by the Board of Commission-
ers so to do,shall pave,repave,re-
surface or repair between the rails
She for
a space
aoff two each feet on where thereafter,the full period of One ins ertion
said track is constructed with such
material and in such manner as may
be approved by the commissioner of
streets and public improvements,and the last publication thereof
all ties shall be laid upon a con-
crete base of such thickness as shall
be directed by said commissioner. 2F1th In the event the said grantee shall dayof
tall to pave,repave,resurface or re- being in the issue dated the
pair any surface or area as herein
required for a period of thirty(30)
days after notice from the Board of
Commissioners to so do, the city September ,A.D.193 5
shall have the right to pave,repave,
resurface or repair said surface or _ /-
area and thehe grantee agrees to reim-
burse the city for the total cost o1
said work,labor and material.
(c) The said spur track shall be
laid,and the road operated,so as to
cause no unnecessary Impediment to
the commem and ordinary use of said'
street upon which It is laid.
(d)Good and sufficient conduits:It to before me this 2 t h day of
to convoy water shall be laid and
maintained 1n good condition at the
expense oI said grantee is or water --.
ditches crossed free
said spur ater. ,A.D.193 5 /` //
w ae to admit free passage of water.
Notary Public.
Advertising fee $
44
PROOF OF PUBLICATION
FROM
aim. OaIt Eake aribune
-1
County
Entry No
---
^fr -
lei Salt Lake City reserves the
right to regulate and control the
speed of all trains,engines and ears
Operated by the grantee,its succes-
sors and assigns upon the spur track
aforesaid.Neither engines nor cars
shall be permitted to stand on said
spur track on First West Street.
(I)That if in putting in said spur
track said grantee shall remove or In
any manner interfere with the pave-
ment,sidewalk,curbs or gutters Or
waterways on said street,It shall re-
place such pavement with the same
or such other material as shall be
ordered by the Board of Commission-
ers and shall replace such sidewalks
and such curbs,gutters and water-
ways to the satisfaction of the com-
missioner of streets and public Im
provements and shall so construct
the gutters that they will allow the
free passage of water and to the
satisfaction of said commissioner.
Section 3. Nothing in this grant
shell be construed so as to prevent
Salt Lake City or its authorized
agents,contractors,persons or
have
ions to whom a been or may hereafter bees may
from paving, grant-
ed
or water mains or pipe,
i e,altering,teing re-
pairing or In any mapnner impring
said streets,but all such improve-
ments shall be made with as little
injury as practicable to said spur
track and the operation thereof.
Section 4.The said grantee herein,
its successors and assigns,shah and
by the acceptance of the privileges
and franchises herein granted and in
consideration of the same,does bind
Itself, its successors and assigns,
upon its acceptance of this fran-
chise,to save the city harmless from
all suits,claims,demands and judg-
ments whatsoever,whether in law or
in equity, which Shall be asserted,
found or endered in any manner
whatsoever,against said city for in-
jury or damage to abutting property
or otherwise by reason of the grant-
ing of this franchise or by reason of
the operation of said spur track;and
that the grantee,its successors and
judassigns,will pay the amount of any.
gment.determination or adjudi-
cation which in any suit or proceed-
ing may or shall be found against
Salt Lake City and said grantee,its
successors and assigns,shall
appeal
in and defend all actions brought'
against Salt Lake City for any injury
or damage by reason of the construe-1
Con, operation or maintenance of;
said spur track;provided,however,
that said grantee,its successors or
assigns,shall have had notice of any.
such suits and n opportunity to
appear and defend the same.
Section 5.This franchise shall ex-
tend until the expiration of that
franchise granted to the Salt Lake
Terminal Company on December 13,1
1913,to wit,until the 1st day of Jan-'
nary,1964; provided, however,that
if for a period of nine consecutive
months during the life of this fran-
hloe the said spur track is not used
for the express'purpose for which
this franchise is granted,this fran-
chise shay be null and void,and if
so ordered by the Board of Commis-
sioners said spur track shall within
thirty days thereafter be removed
and the street restored to a condition
uniform with the balance of said
street with respect to grade,mate-
rlals and construction,to the satis-
faction Of the commissioner of streets
and public improvements. In the
' event grantee falls to remove said
tracks and restore said street Salt
Lake City may do so at grantee's ex-
pense.
Section 6.Unless this franchise and
all the terms and conditions thereof
shah be accepted in writing by the
grantee herein within thirty days
from the passage of this ordinance,
and unless said track be constructed
within one year Irom the date of
such passage, then this ordinance
shall be null and void.
Section 7.In the opinion of the
Board of Commissioners,it Is neces-
sary to the peace,health and safety
f the inhabitants of Salt Lake City,
Utah, that this ordinance become
effective immediately.
Section B. This ordinance shall
. 5.±,effect utoe Its publication.
cod by the Board of Commlts
of Salt Lake er.CIty,1 Utah,thLs
y LOUIa MARCUS35Mayor.
1-5:.
;:: ) ETucr.MCCD Recorder.
City Recortler.
Bill No.44.
Published September 26,1935,
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