The URL can be used to link to this page

Home My WebLink About46 of 1952 - Granting to Denver & Rio Grande Western Railroad Company a franchise for the right to construct an ROLL CALL Salt Lake City,Ut RJ '7...1 / 11J VOTING Aye Nay I move that the ordinance he passed. Burbidge . . . Christensen . . • Lingenfelter . . Romney . . . . AN ORDINANCE Mr.Chairman . Result AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS RIO GRANDE STREET BETWEEN THIRD SOUTH AND FOURTH SOUTH STREETS IN SALT LAKE CITY, UTAH. BE IT ORDAINED BY THE BOARD OF COT+MISSIONERS OF SALT LAKE CITY, UTAH: Section 1. A franchise and right of way is hereby grant- ed to the Denver and Rio Grande Western Railroad Company and its successors and assigns to construct, operate and maintain a standard gauge railroad spur track over and across Rio Grande Street between Third South and Fourth South Streets in Salt Lake City, Utah, the center line of said spur track being more particularly described as follows: Beginning in the west line of Rio Grande Street at a point about 189.65 feet north of the north line - of Fourth South Street; thence in an easterly direction - on a curve to the right with radius of 181.40 feet about 75.5 feet to the east line of Rio Grande Street, the tangent to said curve bearing approximately north 61 degrees 00 minutes east. 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 con- form 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 ele- vation 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 concrete base of such thickness as shall be directed by said 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 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 pavement, sidewalks, curbs or gutters on said street, it shall replace said pavement with the same or with such other material as shall be ordered by said Board of Commissioners and shall replace such sidewalks and such curbs and gutters to the satisfaction of said Board of Commissioners and shall so construct the gutters that they will allow the free passage of water and be to the satisfaction of said 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 said 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 pxtvent 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 it- self, 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 what- soever against said City for injury or damage to abutting pro- perty, personal injuries or otherwise, by reason of the granting of this franchise, or by reason of the construction or operation of said 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 assigns, 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 construction, operation or maintenance of said 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 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 said Board of Commissioners; and if so ordered by said Board of Commissioners, said track shall within thirty (30) days thereafter be removed and the street restored to a condition uniform with the balance of said street with respect to grade, materials and construction and to the satisfaction of said 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 expense of the grantee. . Section 6. Unless this grant and all the terms and • conditions thereof shall be accepted, in writing by the grantee herein within thirty (30) days after the 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 the opinion of said Board of Commissioners, it is necessary to the peace, health and safety of the inhabi- tants of Salt Lake City, Utah, that this ordinance become effective immediately. Section $. This ordinance shall take effect upon its publication. Passed by the Board of Commissioners of Salt Lake City, Utah, this 9r-" day of OG7--4,„46 -2 , ,1952. • CITY RFC RD Bill No. wb Published October 10, 1952 hri n r \ i w z 14 r __ i u a �I 1 sL GI 6 { I? 1i I 1 a ;.wE ' 1II,\ 'LIa- :,,[ HC {tPf N IF R �� ;' I .. 01 H I E-r T/ 0 00 Sh Q v 0 E-4 n N ' Q- _ /65`Y'._ 1_ 1.446 -.... — ...ry i CJ. TR IO GR. A NDE S TRFd,E C-"- �BSi.65 r ..�d _ [ S -, u..� _ �� 1 W" I 7.Curb \1 L_ '' _ e ,e�,s e -7/k -- F+ v� I,.- u 1 1 2 p bi 0 I /r➢.t. ,r,,/ 2 u CO CHEVROLET Lawn-<_ II j n MOI OP CO [ cr l a /_ 9 C .111 I n IT. s R m r e7 . y i ;i w t '..L.4.._R_..._. _ .3 Q ti:.,r,,, p „.,oa w alehouse _ on F 8' , s POWEF1 , I Er ..�. l3/�"" r o� II FOUSE �t.r tom. {r Io 1 , 5 - - _ _ _� �y �`lo al,Ter .._. - Q Oro ; I hl /_/z .r-- 17 _ - I.. .. 22�0. _" y o rr7iO 1 --I It. y' ` 0-� T Orr/+Q`U I493 2�3q� r7J _�L�f' '_i30 I i. W ,iwgre- l_ I! -I 2 a In Q The Denver Fc „?..to Grande Western >_t. H. Co,, Salt Lake City, Utah, Proposed Franchise from Salt Lake City Corporation for Spur Track cro=sind .Zio Grande Street between 3rd South and q.th South Streets. F Scale 111 — 100t _. ',',31 1- I S.L<,City< 8 - 15- 1952 y6 • Proof of 1izb1iratinn VoiteD fttfen of America STATE OF UTAH cs. co; CAT T LAKg. AN ORDINANCE N ORDINANCE GRANTING TO TDB DENTED AND RIO GRANDµ WESTERN RAILROAD COMPANY. ITS SUCCES. SOBS AND ASSIGNS, THE RIGHT TO CONSTRUCT. OPERATE AND MAIN,, 'PAIN A STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS RIG GRANDE STREET' BETWEEN THIRD Ruth Kassin SOUTH AND FOURTH SOUTH STREETS, g IN SALT LAKE CITY,UTAFI. RE IT ORDAINED By 'TILE BOARD —— TI.' COMMISSIONERS OF SALT LAKE .ITY,UTAFI: Section 1.A franchise and right of war s hereby¢rented to the Denver and Rm being first duly sworn, deposes and says, that he is the Principal Clerk of ande western Railroad Company and Is successors .s t and ssigno construct, rate eantl maintain a standard Cnuge aflrood spur track over and cross Rio ande Street between Third south and THE SALT LAKE TELEGRAM,a newspaper published in Salt Lake City, Salt 'mirth South Streets in Salt Lake City, (rah,the center;me of said 'track °Hows:OMR moic particularly described as • Beginning ill She west line of Rio Lake County,State of Utah. Grande Street at a point a nut 18165 feet north of the north line of Fourth South.Street: thence i easterly d section n an cdsl h radius of on to the t va.shf'eet to That the Notice 4n..Orfliila Ylce-- the east line of Rio Grande Shot,theN(3•--.yI:J tangent to said curve. bcarinre a osi. m Theylocatth 61 ios of degrees center minutes of said track graphically shown in yellow • on the attached print,which hereby nthe - - mp de is art of this ordinance. Section 2. During the of Ibis franchise the grantee shall'be sublet, to the following conditions: (a) That said track shall he laid upon --" sod conform at the grade of said street and.sal at all times hem maintainer/by • the grantee to conform In the settle of said street,and A said grade is aer-' wand changed by ordinance of f Ilse Board of City Commissioners, the grantee shall,at Its own expense,change oef ele itioine°f the neck so as to, of which a copy is hereto attached, was first published in said newspaper in its [roe. ck iMhenever said meet where said constructed shall bC paved,r• surfaced pal.-ea,the sal grantee. 10thIts resurface or and a;gns.shall pave, issue dated the for a successors pair between th ,Tits pace of two(2)feet outside f h rali with me me kind of - October , 19 52, of other o .ha said a.vstreet be'e with ed day of by then Board of Commis.slonersann al( ties shall be 1 e base such ihiokness uaonshell concrete directed hY ai Board of Commissioners and and was published in each daily issue of said newspaper, on At Said track shall be IRIJ end the gad operated so as to cause c s'sa ry i ediment as t nhe common non and ordinary use f said street u which it is laid. for fd) Salt Lake City reserves the right to regulate and controlOe speed all trains,engines and e s rated by heongrantee,its successors and assign i1 track. 1 s' thereafter, the full period of 1 time upon If,in putting insaid track,said in-antee shall remove oi•in Any nner terfere ith the p c e t,sidewalks, curbs or said pa o said,th t,it shall the last publication thereof replace s d vemorll with st the the ed such other material a hall be ordered by said Board f Commissioners 10th d shalt caulk¢ lob .sidewalks and vs ochef said and gutters commie,,;c-r;aft;i being in the issue dated the day of shall so construct the gutters that they will allow the free passage of water and be to the satisfaction of said Board offfCommissioners. October A. D. 19. 52. Said hall t rl' .._.....---..__.. , maintain h said track as shall froth time tl he roouired �si'�'!'i(��'(x/!/'/� • b I Hoard f L i Gond d fielc t its to tamed n shall x he laid and _.. n gconvey ood of Iltlon of the ai ,va d ¢nearee sin all water ditches Bye ecrossed tlY said track as to admit ass.ge ter. loth Subscribed and sworn to before me this day of October A.D. 19--52 Notary Public November 25,1953 My commission expires„ 1 Advertising fee$ Section'.1,Nothing In this grant shall he a construed t to prevent Salt Lake City o o e its authorized agents, or l tractors, o ratins con- I.-actors, whom a I'om seem may have been cc may hereafter be granted.from paving,sewer. Mg,laying gas or water mains,pipes onduis, alrig, arng. or ina y said reet. manner Sectional proving SaidStanton herein, its l successors and assigns,shall and by the choseacceptance of the privileges and iron• he herein granted, end in edn.sider- aoien of the same.does hereby bind it- self,its s and assigns.upon its acceptance of this franchise,to save said City harmless from all suits.claims,de- mands and judgments whatsoever,I whether in law or in equity.which shalt be asserted, found or ender'ed in inanner whatsoever against said City for infury or damage to abutting property, r pal Innur'ies or otherwise,by reason of the granting of this franchise,or by reason f the construction or operation of said track and that the grantee herein, its s and assigns,will pay the, ant successors judgment,determination suit or oad)ndg eras which i suit o proceeding may he o shall be found against said Salt Lake City; provided. however,that said grantee,its successors and assigns,shall have had notic n such suits and a erwnity to appear nti defend the 5 and said grt ,, Its s and assigns. shall a m and defend all actions brought against Salt Lake City fora maga ninny ay de or reason or te construction,track. operation oraroa 5.n ch of said track.life'err 5.Tl is y 1501 ie is granted for the period of gets-a this years ncm and cider the passage of this ordinance;pro- vided,nascency,than if for a tied ife saliva months r teas is not ofethis consecutive franchise p said spur track is used ter Is utad, or if which this substantial Is yaabandonme if There Is a a id spur rack or said purposes.the useor saia spur hark for raib said franchise sai shotl t voidablemho at the ad if of said Hoard$f Commissioners;and if st ors, sa by acid hall f Commis- rty I30/days therea said rfter hack ere caved r and,the tweet restored to—a condition uniform with the balance of said street with re- act to grade,materials and construc- tion and to flee satisfaction of said Board of Commissioners, In the event of the failure of said grantee to resaid track and restore said street u suet, ,.'lion and within said thirty loll days. 'he sold work may he done by Salt Lake !City at pr the expense of the grantee. Section 6.Unless this grant and all the, terms and conditions thereof shall he accepted,in writing by the grantee herein within thirty(30)days after the taking effect of this ordinance,and unless such i track he constructed within e year from the date of such passage then this ordinance shall be null and void_ Section 7.In the opinion or said Board of Commissioners.it is necessary to the pease, health and safety of the t - Wncsefls Utah,tdains a,•eae becomoetmatey Section 8. This ordinance shall take effect upon Its puhlication, Passed by the Boaici of Commissioners, k of Salt Lake Lcµ City, Utah, this 9th day 32. EARL J. GLADE, Mayor, 1RMA F. BITNER, (SEAL) City Recorder, Rill No.46. Published October 10.1932. y6