45 of 1938 - Franchise for Spur track by DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY across 7th South near 5th ROLL CALL -
J;Ily lu
VOTING AYE NAY Salt Lake City. Utah, , 193
Goggin
I move that the ordinance be passed.
Keyser
Matheson - - - -
Murdoch
Mr. Chairman - - -
Result
I % 1
'p .tom . _
Passed by the Board of Commissioners of Salt Lake City, Uta
City Recorder Mayor
Rec.123 2M 1-3-38
, /w• ,JI.
AN ORDINANCE
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD
COMPANY AND TO WILSON McCARTHY AND HENRY SWAN AS TRUSTEES OF SAID RAIL—
ROAD COMPANY IN REORGANIZATION PROCEEDINGS, THET_R AND EACH OF THEIR
SUCCESSORS AND ASSIGNS, A FRANCHISE AND RIGHT OF WAY TO CONSTRUCT,
OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS
SEVENTH SOUTH STREET NEAR THE INTERSECTION OF FIFTH WEST STREET AND
SEVENTH SOUTH STREET 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 Den—
ver and Rio Grande Western Railroad Company and to Wilson McCarthy and
Henry Swan as Trustees of said railroad company in reorganization pro—
ceedings, their and each of their successors and assigns, to construct,
operate and maintain a standard. gauge railroad spur track over and across
Seventh South Street near the intersection of Fifth West Street and
Seventh South Street in Salt Lake City, Utah, the center line of said
spur track being more particularly described as follows: Beginning at a
point on the south line of Seventh South Street, 60 feet west of the west
line of Fifth West Street thence north and northeasterly by tangent and
a curve to the right 133 feet to a point on the north line of said Seventh
South Street, 50 feet, more or less, west of said west line of Fifth West
Street, all as shown in yellow on the attached blue print, which is here—
by made a part of this ordinance.
Section 2. During the term of this franchise the granteesshall be sub—
ject 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 grantees to con—
form to the grade of said street, and if the said grade is afterward
changed by ordinance of the Board of City Commissioners, the grantees
shall, at tlieirown expense, change the elevation of the track so as to con—
form to the same.
(b) Whenever said street where said track is constructed shall be
paved, resurfaced or repaired, the said grantees, their and each of their
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 concrete 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.
(d) Salt Lake City reserves the right to regulatee and coonrollthe and
speed of all trains, engines and cars operated by grantees,
each pf their successors and assigns, upon said track.
(e) If, in putting in said track, said grantees shall remove or in
any manner interfere with the pavement, sidewalks, curbs or gutters on
said street, :.they 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 gutters that they
will allow free passage of water and to the/ satisfaction of the Board of
Commissioners.
(f) Said grantees 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
he expense
dmaintaied in god
said itrack tion asot tas to admit ooff s free aid g rantees in all ter
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,
ingr, repairing or
erin any laying or conduits, alter-
- 1 —
,
Section 4. Said grantees herein, their and each of their successors
and assigns, shall and by the acceptance of the privileges and franchise
herein granted, and in consideration of the same, do bind themselves,
their and each of their successors and assigns, upon their acceptance of
this franchise, to save said city harmless from all suits, claims, de-
mands and judgments whatsoever, whether in law or in eouity, which shall
be asserted, found or rendered in any manner whatsoever, against said
city for injury or damage toabutting 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 grantees
herein, their and each of their 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; pro-
vided, however, that said grantees, their and'-each of their successors
and assigns, shall have had notice of any such suits and an opportunity
to appear and defend the same, and said grantees, their and each of
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 spur track.
$ection 5. This franchise is granted for the period of twenty-five
(25) years from and after the passage of this ordlnance; provided, how-
ever, that if for a period of nine consecutive months during the life
of this franchise said spur track is not used for the purposes 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 the Board of Commissioners; and if so ordered
by the Board of Commissioners, said spur track shall within thirty (30)
days thereafter be removed and the street restored to a condition uni-
form with the balance of said street with respect to grade, materials
and construction, and to the satisfaction of the Board of Commissioners.
In the event of the failure of said grantees, their and each of their
successors and assigns, to remove said track and restore said street upon
Ouch action and within said thirty (30) days, the said work may be done
by Salt Lake City at their expense.
Section 6. Unless this rant and all the terms and conditions there-
of shall be accepted in writing by the grantees herein within thirty
(30) days after the taking effect of this ordinance, and unless such
track be constructed within one (1) year from 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 of the inhabitants of Salt Lake '
City, Utah, that this ordinance become effective immediately.
Section 8. This ordinance shall take effect upon its publication.
_Itsed by the Board of Commissioner Salt Lake City, U/Id; this
day of -^- ' 1938. C.z.�•
r IJ �— IA.-6.A e
Mayor
City order
Bill No. 46
Published , 1938.
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proof of Ijublitatiint
IeUvii i§tutrs of 1lmerirs
STATE OF UTAH .ss.
COUNTY OF SALT LAKE ,
AN ORDINANCE '
An ordinance granting to the Den •
-
c &Rio Grande Western Railroad
ompany and to Wilson McCarthy I H. P. THOMP9ON
and Henry Swan as trustees of said
. railroad company in reorganization
proceedings,their Slid each of their'
successors and assigns, a franchise being first duly sworn,depose and say that I am the Chief Clerk of
and right of way to construct,op- .
• orate and maintain a standard gauge .
railroad Spur track over and acres Seventh South street near the Inter-, THE SALT LAKE TELEGRAM,a newspaper,published at Salt Lake
Seventh
section of Fifth West street and Sev-
enth South street 1n Salt Lake City,
Utah. City,State of Utah.
Be It ordained by the Board of
Commissioners of Solt Lake City,
U 9 ction 1. A franchise and right That the Notice A'N ORDINANCE.
of way is hereby granted to The Den-'
ver&Rlo Grande Western Railroad
Company
HenryaSwan as trusteessaid BILL NO. 45 _.
railroad company,in reorganization
proceedings,their and each of their
successors
and assigns,to construct,
operate and aintain a standard SALT LA?O,` CITY CORPORATION
gaugea trackrailroad spur crnae Seventh Southst street near the
intersection of Fifth West street and
Seventh South street in Salt Lake,
City,Utah, the center line of said,
spur track being more particularly'
described as follows:Beginning at a
point on th line of Seventh
iSouth street,00 feelt west of the west
of which a copy is hereto attached, was first published in said news-
line of Fifth west street; thence
north and northeasterly by tangent,
and
point curve
on thethe
northright
line of fet entn 13th
Seventh South street.eo feet,more. paper in its issue dated the
or less,west of said west line of Fifth
West street,all as shown in yellow
193
the attached blueprint,which is Tilly 8
herepa!sBade a.parSa4.thle-ar`atnanee. day of , '
Section 2. During the term of this
franchise the grantees shall be sub
feet to the following conditions:e
(a) That said track hall be Laid and was published in each daily issue of said newspaper, on
upon and conform to the grade ofi-
said street and shall at all times be'
maintained by the grantees to c July 13th
farm to the grade of said street,and Y for
if the said grade is afterward changed;
by ordinance of the Board of City;
Commissioners, the grantees shall,
at their awn expense, change the. One insertion
elevation of the track so as to con-- thereafter,the full period of
form to the same.
(b) Whenever said street where
sold track is c structed shall be
paved, resurfaced or repaired, the the last publication thereof
said grantees,their and each of their
successors and assigns, shall pave,
resurface or repair between the rout
side Of each rail witththe)same kind being in the issue dated the 13th day of
of material used on the said street, ,
or with.such other material as may
be approved by the Board of Commis- 8
stoners,'and all ties shall be laid TU1y ,A.D.193
upon.a Concrete base of such'thlck-
of Commissioners.
n directed by the.Board ` ^�
of Commistrack e. `�.V.-/'°�
(d Said track shall be fold and the
cad operun-
necessary impediment
ed as to cause no com-
mon impediment to the oomt
and u of said street
upon which
tlt It it Is.laid.
Salt Salt Lake City reserves the 14th day of
right to regulate and control and the irn to before me this
speeded 11 the g,engines and cars
operated their
the grantees,dtheir and
each of to Ste successors and assigns, 8 ( -'�
uponsaid track. July
, A. D. 193
..---, - Notary Public.
My commission expires/2 • 257�-/9.���
Advertising fee$
(e) If, in putting in said track,
said grantees shah remove or In any
I manner interfere with the pavement,
sidewalks, curbs or gutters on said
street,they shall replace such pave-
ment 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 gutters that
they will allow free passage of water
end to the satisfaction of the Board of Commissioners.
Commissioners.
if)Said grantees shall put in and
maintain such crossings over said
track as shall from time to time be
required by the Board of Commis-
sioners.
(g) 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 e
to admit of free passage of watee r,a
•
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
c rporations to whom a franchise
may have been or may hereafter be'
granted,from paving,se ping,lay-
ing gas or water mains,pipes or con-
duits, altering, repairing or In any
manner Improving said street.
Section 4. Said grantees herein,
their and each of their successors
and assigns, shall and bytheac-
ceptance of the privileges and fran-
chise herein granted, and in con-
sideration of the same,do bind them-
selves,their and each of their suc-
cessors
and assigns,upon their a
ceptance 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 o rendered in any manner
whatsoever,against said city for In-
jury or nalamage to injuries or otherwise.
ting property,
. by
reason of the granting It this sear-
- tim orr byoperation
reasoADs id samne
trrnc-
and that tp the gr of said ttheir
and ach the eir successorsc herein,aas-
anneach of their and as- -
signs, will pay the amount or adjudi-
cation any -
ja which
determinationinan or oceedtomwhich in any suit proceed- _
Mg may be le shall be foundProvided,
a,how-
ever Salt Lake City; tees, thei ha
r, that sold res, their and,
shah of theirdsuccessors fanda assigns,
shallit have had notice y any such
ands dada opportunity a appear I
and defend5,the the same, and said
gessors a their and each theire sue- -
aen assigns,shall appear in i
and defend all ytfor brought-
against Salt Lake City for any bisect-
a damageonetoy na or of the nconstrue-
aeon, operation or maintenance of
said tour track.
,� Section th 5. This frof twenty-five
is five 25
yd for the period the p-five(25) i
tears Prom and after the passage of r.
this fara period
provided,-ani h,waver.-
that if fora period of nine consecu-
Live months during the life of this-
franchise said spur track is not used
for the purposes for which this fran-
hlse Is granted,or if there is a sub- -
said rot abandonment of the use of
said spur truck for said purposes,said '
franchise shall be voidable at the op-
tion of the Board of Commissioners;
and if
fso ordered said
the Board f=
Commiswithin thirty(30)days thereafter be•
removed and the street restored to a 3
condition uniform with the balance_
of said street with respect to grade, -
materials and construction, and to .
the satisfaction of the Board of Com-
issioners. In the event of the fail-
ure of said grantees,their and each F
of their successors and assigns. to
stmove said track and restoreid =
reet upon suchaction and `thin
said thirty(30) days,the said rk -
may be done by Salt Lake City at a
their expense.
all Section Unless
end� grant
ndltionsthere- =
of shall be accepted to writing by
the grantees herein within thirty(30)
ddln after the taking effect of this C.
or mess such track be
constructed d within one(1)year from _
the s
he date of s then h passage. en this —
ordinance shall be null and void.
Section n the opinion of th_ Board f Commis
sioners.e.1t Is necese 9a
s ry to the peace,health and safety Rl
:- of the inhabitants of Salt Lake City,
ii Utah,that this ordinance become ef- —
. festive immediately.
Section 8. This ordinance shall„..
take effect upon Its publication. Ex.
5 Passed by the Board of Commia-
sMners of Salt Lake City,Utah,this
12th day of Judy,1938,
JOHN M.WALLACE,Mavor.
(Seal) ETHEL MACDONALD, ^—
City B.ecorder, Our
Bill No.95.
Published July lath,1938.
PROOF OF PUBLICATION
FROM
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County
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-'_ ` Proposed. Spur Track
_ — i �, o ' r� _ Crossing, at 7th. South
r�ri � , 1 Street, SALT LAKE CITY, UTAH.
i d " V 1 1 :* . ' Scale l"-100
31
'if * Salt Lake City June lst. 1938