5 of 1953 - Granting a franchise agreement to the Denver & Rio Grande Western Railroad Company to the right to jT
VOTING AYE NAY i'I�
Salt Lake City, Utah,_ , ' ._ ,--��;;.:}. .. .953 vI `-'
Burbidge
Christensen ----
�� I move that the ordinance be passed. %
Romney . . . '
Lingenfelter --- - !.
Ali t
Mr.Chairman
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Tile Denver & Aio Grande Western :2.R.Co.
Salt Lake City} Utah, '
Track and unloading platform location
in Washington Street,
Scale 1" - 1009
i; S.L.City, 3ev, 12-31-1952.
ORDINANCE
AN ORDINANCE TO AMEND ORDINANCE BILL NO, 26 PASSED BY THE
BOARD OF COMNIOSIONERO OF SALT LAKE CITY, UTAH, ON THE 15TH DAY
OF MAY, 1952, GRANTING TO HOE DENVER AND RIO ORANDE WESTERN RAIL-
ROAD COMPANY, I1'S SUCCESSORS AND ASSIGNS, TiSE RIGIT TO CONSTRUCT,
OPERATE AND I-iATN1'AIN A STANDARD GAUGE RAILROAD SPUR TRACK OVER
AND ALONG THE 'LEST SIDE OF ';ASHINGTON STREET BETWEEN A POINT
AtPROXINiATLLY 1.2 FEET SOUTH OF TUB SOUTH LINE OF FOURTEENTH SOUTH
STREET AND THE SOUTH LINE OF CALIFORNIA AVENUE, AND THE FURTHER
RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN AN UNLOADING PLATFORM IN
4PASHINGTON STREET AT THE NORTHERLY END OF SAID SPUR TRACK, SUCH
UNLOADING PLATFORM TO BE LOCATED BETWEEN THE END OF SAID SPUR
TRACK AND THE SOUTH LINE OF CALIFORNIA AVENUE INI SALT LAKE CITY,
UTAH,
BE IT ORDAINED BY THE BOARD OF CONYISSIONIRS OF SALT LAKE
CITY, II"1'A:h;
Ordinance Bill No. 26 passed by the Board of Commissioners
of Salt Lake City, Utah, on the 15th day of NJay, 1952, is hereby
amended and reordained.to read -as follows;
Section 1. A, franchise and right of way is hereby granted
to The Denver and Rio Grande Western Railroad Company and its
successors and assigns', to
(a) Construct, operate and. maintain a standard
railroad spur track over and along the west side of
Washington Street between a. point approximately 12
feet south of the south line of Fourteenth South
Street and the south line of California. Avenue in
Salt Lake City, Utah, the center line of said spur
track being more particularly described as follows;
Beginning in the west lire of Washington Street
at a, point about 12 feet south from the south line
of 14th South Street; thence in a northerly direc-
tion on a curve to the left with radius of 181.40
feet about 73.5 feet to a point 15 feet east from
the west line of Washington Street, the tangent to
said curve bearing approximately north 23 degrees
32 minutes east; thence north in Washington Street,
parallel with and distant 15 feet east from the
west line of said street about 470 feet to a point
38 feet south from the south line of California
Avenue.
(b) Construct, operate and maintain a side and
end unloading platform at the northerly end of above
described spur track on a parcel of Washington Street
described as follows; Beginning at the intersection
of the west line of Washington Street with the south
line of California Avenue; thence south on the west
line of Washington Street 75 feet; thence east 7,5
feet; thence norti, 38 feet; thence east 14 feet;
thence north 37 feet to the south line, produced, of
California. Avenue; thence west 21.5 feet to the point
of beginning.
The location of the center line of said track and
the said unloading platform 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 con—
crete base of such thickness as shall be directed by
said Board of Commissioners.
(c) Said track and platform 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 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 said Board of
Commissioners and shall replace such sidewalks and
such curbs and putters 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 andsufficient 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 here—
in 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,
2—
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
track or platform 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 or platform.
Section 5. This franchise is granted for the period of fifty
(50) years from and after the passage of this ordinance; provided,
however, that i.f 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 Commis—
sioners; and if so ordered by said Board of -Commissioners, said.
track and platform 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 con—
struction and. to the satisfaction of said Board of Commissioners.
In the event of the failure of said grantee to remove said track
and platform and restore said street upon such order and. wi.thin
said thirty (30) days, the said work may be done by Salt Lake City
at the expense of the grantee.
Section 6. If the location of said platform shall at any
time substantially interfere with the use of said Washington
Street by the public, grantee, its successors and assigns, shall,
on reasonable notice, at its expense, remove the same, and said
franch.i.se, in so far as it extends to the operation or maintenance
of said. platform, shall terminate.
Section 7. 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 8. In the opinion of said 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
immediately.
Section 9, This ordinance shall take effect upon its
publication.
• ,
Passed by the Board of Commissioners of Salt Lake City, Utah,
this 22nd _day of January , 1953i (/
----- j MAYOR �...
f ilnEh
Bill No. 5
Published January 241953_
3—
FORM NO.ADM 35A
1r.unf nl 3utiliraiinn
31tttttril Otatre nI Aarrrtra
COUNTY OF SALT LAKE ss.
STATE OF UTAH
ORDINANCE
AN ORDINANCE TO AMEND ORDL
NANCE BILL NO.26 PASSED BY THE
BOARD OF COMMISSIONERS OF SALT
OF MA CITY.1952`a GRANTING 1 TO THE
,DENVER AND RIO GRANDE WESTERN Ruth Kanoinrg
RAILROAD COMPANY.ITS SUCCESSORS
AND ASSIGNS, THE RIGHT TO CON-
STRUCT,OPERATE AND MAINTAIN A
STANDARD GAUGE RAILROAD SPUR
TRACK OVER AND ALONG THE WEST SIDE OF WASHINGTON STREET BE- being first duly sworn,l deposes and says, Principal he is the Prii tl Clerk of
TWEEN A POINT APPROXIMATELY 12
FEET SOUTH OP THE SOUTH LINE
OF FOURTEENTH SOUTH STREET AND
THEN SOUTH LINE FURTHEIFORNIA the DESERET NEWS SALT LAKE TELEGRAM, a newspaper published in
R RIGHT
TO CONSTRUCT,OPERATE AND MAIN-
'TAIN UNLOADING PLATFORM IN
WASHINGTON STA EET AT THE
NORTHERLY END OF SAID SPUR Salt Lake City,Salt Lake County,State of Utah.
TRACK,SUCH UNLOADING PLATFORM
TO BE LOCATED BETWEEN THE END
OF SAID SPUR TRACK AND THE SOUTH
LINE OF CALIFORNIA AVENUE IN
SALT
T ORDAINED BY.THE BOARD That the Notice An Ordinance No.5
OF COMMISSIONERS OF SALT LAKE
i,CITY,UTAH:
Ordhtance Bill No.28 passed by the
Ce
City,Vtah,on the Commissioners.
da of
May,1952,
is hereby amended and eordatned to
read s follows:
Section 1.A franchise and riMst of
war is hereby granted to the Denver
and Rio Grande Western Railroad o—
l p
ant'and its successors end -""'-
(a)Construct,operate and maintain
tdandard railroad spur track overand
'silting the west aide of Washingtn treet
t,eiwetn point approximately 12 feet
o thof ache south line f Fourteenth
South treet and the south line of Call-
Gornto Avenue in Salt Lake City.Utah.
the center line f said spur track being
mo
re particularly described as follows: of which a copy is hereto attached, was first published in said newspaper in its
Beginning in the west lire f Wash.
in0ton Street at a point about 12 feet 4.th from the south line of 14th South 2�,yll aStreen thence in a northerly direction issue dated the
cu
rve to the left with at'adius of fart
treat about 98.8 feet to point 18 feet
Stec tram the west Ilse of Washington
Street,the tangent t said degrees 32 beaming day of Januarygton , 19 53
approximately north 23 ainreea hi
eWes east;thence north distant 15 feet
ast front the with and
o said street
east Opp feet oleo p tat and was published in each dailyissue of said newspaper,on
from the south line ra a and ma Avanu a P
(e)and u paste and mnatln
aide end feeding Platform t the
northerly ens off above ashington Street for
rack a n o
descried as fthews:t line or as er'
ton Street i the west the t Washing-
ton Call.
ton Steer with the south line west
l O Avashin thencenStsouth onfeet:the wale thereafter,the full period of 1 time
line of Washington street 38 feeU thence
east 14 feet;thence north 38 feet:t the
east 14 feet:thence north afeet to the
nue:souththence°westu215 fed. et Californian the point vof
"neThe lac' the last publication thereof
The location of the center line f sold
track and the said unloading,platform is
ettcohrally nt.wn 1n Yellow upon tha
anac o d thisnordinanceia hexebY made a
part ection 2. to t me term of thus being in the issue dated the 24th day of
t
to the de the grantee shall be subleet
the fallowing Conditions:
l c to the grade f
That
nm ltkadl be laid
and forid street January
to shall
iee all
o lgt Imes to ai tagginedl Of ,A.D.19_..53..
said Street. d,if id gr de Tatter.
r-
ward changed,hY ordinanceof the Board
of Citya CO�tenpeelnera,the grantee shall.
of the track expense,cc changett the nform I to thion
oe
same.
(b)Whenever said etreet where said
track ior
constructed.hell bed paved,re-
surfaced
,sea,the all grantee, 26th
se repair assigns,shall page.r- before me this day of
surface or repair between the ratio and "'
for a space f two Ill Feetmaterial
l
used rail with the tame with outside h othier
e on said street,08 with d other �.
ttnnatet'ao' nY be pppoved DY the
Bo d f cam lesioners, IOae ins tint ,A.D. 19._53...
slfatl be Ioes upon a o e
s n thickhef shall be aireoCCd by -
beta Board E Commissioners. /
laidlanaid d the track
operated orm soas toall trace ,( ( t
cause
t,t_.- !C
n0 unnecessary impediment to the coin, r_ , 'l
i and ordinaryuse of said street Upon
t n ehS R in laid. es the right to - Notary Public.
(d)Salt Lake Cft, v
egrtlat and co trcars o speed f e
h"asne,epginep and c Aerated of
the 5.,1953
s a'track successors assigns, pen ember 2 •
Advertising fee $
t•;
gran in
nllputting in said track said
er
Interfere wits r the vpavement,e or in an sidewalks.
e or
street,ahorPacRhpavement sold
same shell
with such other material as shall be
ordered by said Board Of Commissioner.
such shell s randac0 gutters toathea ratlslaca
sh llo of co Board
the gutters that they
pill allow the free passage of water and
oe to the satisfaftion of said Board of
o(t)SW grantee shall put inand main-
ant such crossings over said track a
boll from
time
i Commissionerseoulred by
(Sia Good and sufficient conduits to con-
rey water shall be laid and maintained
tranteen good haition at the
expense e said
In all water ditchescrossed Sc
laid track so as to admit free passage of
ter.
Section 3.Nothing in this grant shall
construed as to prevent Salt Lake
cantors,for persons 0 acorporationse pto
Thom a franchise may have been or may
eafter be granted,froth paving.sew-
ring.laying gas or water notion,pipes
conduits, altoring, r Dairtng, er in
a manner improving said street,
Section 4.Said grantee herein,its sue-
cessors and assigns, shall and by the
acceptance of the privileges and fran-
chise herein granted.and in considera-
tion Of the same. does hereby bind
itself,he successors and assigns,neon its
acceptance of this franchise,to ss said
City harmless fro all suits, claims,
demands and Judgments whatsoever.
whether in law or In equity,which shall
be asserted,
erted,found° rendered in any
whatsoever against said City for
injury
yor damages to abutting PrfeettY,
sal iniurles or otherwise.be reason
or f the granting of this franchise,or by
reason of the construction'or operation
of said track Or platform and that the
grantee herein,its successors and assigns.
will pay the amount of any tudgment,
determination o aalulcallon which an
any suit or proceeding mar be or shalt
be found against sand Salt Lake Clty:
provided,however,that said grantee,its
successors and assigns, Shall have had
notice of any such suits and an oppor-
tunity to appear and defend the same:
sl0nsaaf said
aanneartsInua nd6 defend all
actiouss brought against Salt Lake Cite
,for any iniury 0r damage by reason of
the construction, operationmain-
tenance
of said track or platform.
Section 5. This iranchire is granted
forand ahe fter thedDassagef l of/thisYordinance:
unded,however,that f forual a perthiod
life of thisnfranchise-months
spur track is
t used for the purposes for,yvhieh
this fs Is abandonment ofor f if the`u a}ns
of substantial `
said spur track for said purposes,said
franchise
saidBoard be Commissioners:and at
• ordered by°said Board of Commis.
so ordered
-said track and plaform shad
within thirty(301 days'thereafter be the
ved and the street restored to a
dition uniform with the balance of said
street-with respect to grade,materials
and construction and to the satisfaction
• do
fB then fadf nvs f said grantee lto
,remove said track andsaplatform and
restore said street upon such order and
within said thirty(30)days,the said work
may be done Sc Salt Lake City at the
of the grantee.
Section B.If the location Si raid plate
form shall at any time substantially ins
terfere with the use of said Washington
Street by the public. grantee,its suet
and assigns.shall,on rc onable
notices at its expense,remove the same,
to the tope franchise,
ors so far
nce extends si
platform,
7..Unl Unless this grantand all the
terms and conditions thereof shall be
accepted in writing by the grantee herein
eRhin thirty(30)days after the taking
ffect of this ordinance,and unless sects
track be c nstrurted within year
from the date of such passage.then this
ordinance shall be null and void.
Section a. In the opinion of said
Board of Commissioners it is necessary
to the peace,health and safety of the
thus oants rdinance Salt
A come City,ective,net
medlateiy, `
Section 9, This ordinance shalt take
effect upon.Its pulcation.
Passed by the Board of_Commissioners
of Salt Lake City,Utah,this 22nd day
of January,1953.
EARL P.GLADE
Mayo'
IRMA P. BITNER
City Recorder.
SEAI.1 •
Pill No.a
Published January 24th,1259,