53 of 1925 - Granting franchise to Henry I. Moore and D. P. Abercrombie, Receivers for Salt Lake and Utah Railroa •
AN ORDINANCE
An Ordinance granting to Henry I. Moore
eland D. P. Abercrombie, Receivers for the Salt Lake and Utah
Railroad Company and their successors and assigns, a franchise
and right-of-way to construct, maintain and operate two single
( spur tracks from and between the track of the Salt Lake and
Utah Railroad Company as now located and constructed in Ninth
0 outh Street in Salt Lake City, Utah to the property line on
the South Side of said Ninth South atreet.
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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 Henry I. Moore and D. P. Abercrombie,
Receivers for the Salt Lake and Utah Railroad, their successors
Viand assigns to construct, maintain and operate two single spur
tracks from and between the line of the Salt Lake and Utah
'Railroad on Ninth South Street in Salt Lake City to the property
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line upon the South side of said street as follows:
Beginning at a point in the center line of the
track of the Salt Lake and Utah Railroad Company, as now located
and constructed in Ninth South Street in Salt Lake City; ,said
point being 7.86 feet South and 54.40 feet East of the City Mon-
ument at the intersection of :`lest Temple and Ninth South Streets;
thence southeasterly, along the line of a curve to the right,
having a radius of 200 feet, a distance of 49 feet; thence along 1 ‘
the line of a curve to the right logving,a radius of 125 feet, 4U�uW
ha distance of 95 feet more or less to a point on the south line
of Ninth South Street, said point being 14Q,feet East from the
northwest corner of Block 22, 5 Acre Plat"A" Salt Lake City
Big Field Survey. •
Beginning at a point in the center line of the
track of the Salt Lake and Utah Railroad Company, as now located
and constructed in Ninth South Street in Salt Lake City; said
( point being 7.86 feet South and 417.40 feet East of the City
it Monument at the intersection of West 'Temple and ninth South Street;
thence running East 42.0 feet; thence southeasterly, along the
line of a curve to the right having a radius of 120 feet, a dis-
tance of 126 feet more or less to a point on theem south line of Ninth South Street, said point being 17'� feet we5-tt from the north-
,A.east corner of Block 22, 5 Acre Plat "A" Salt Lake City Big Yield i
Survey. 52' /
SECTION 2. During the term of this franchise
the grantee shall be subject to the following conditions,viz:
p upon
That said spur tracks shall be laid u on
and conform to the established grade of said street, and if
said grade is afterward changed by ordinance of the Board of
Commissioners, the grantee shall, at its own expense, change
the elevation of the track so as to conform to the same.
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(b) 'Whenever said street where said tracks
are constructed shall be paved, repaved, resurfaced or repaired,
then said grantee, its successors and assigns, shall pave, repave,;;
resurface or repair between the rails and for a space two
Beet 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, and all ties shall be laid upon
a concrete base of such thickness as shall be directed by the
City Engineer.
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(c) The said spur tracks shall be laid, and
'the road operated so as to cause no unnec&scary impediment to
;the common and ordinary use of said street upon which they
are
laid. •
(d) Good and sufficient, conduits to convey •
(water shall be laid and maintained in good condition at the
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expense of said grantee in all water ditches crossed by said •
,I spur tracks so as to admit of free passage of water.
(e) Salt Lake City reserves the right to
I,regulate and control the speed of all trains, engines and cars
joperated by the grantee, its successors and assigns, upon the
spur tracks aforesaid. Neither the engines nor cars shall be per- !
mitted to stand on said spur tracks on Ninth South Street.
(f) That if in putting in said spur tracks
said grantee shall remove or in any manner interfere with the
pavement, sidewalk, curbs, gutters or waterways on said. street, it
'shall replace such pavement with the same or such other material
las shall be ordered by the Board of Commissioners, and shall re-
jplace such sidewalks, curbs, gutters and waterways to the satis-
Ifaction of the Supervisor of Streets, and shall so construct the
gutters and waterways that they will allow the free passage of
' (water, to the satisfaction of said supervisor of streets.
hEO IOS 3. Nothing in this grant shall be con-
strued so as to prevent Salt Lake City or its authorized agents,
lcontractors, persons or corporations to whom a Franchise may have
(been, or may hereafter b,e granted, from paving, sewering, 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 spur tracks and the
operation thereof.
11 SECTION 4. The said grantees herein, their
iisuccessors and assigns, shall, and by the acceptance of the privi-
leges 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
• Fanner whatsoever, against said City for injury or damage to
abutting property or otherwise by reason of the granting of this
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franchise, or by reason of the operation of said spur tracks; and
that the grantees, their successors, and assigns, will pay the
jamount of any judgment, determination or adjudication which in any
!suit or proceedings may or shall be found against Salt Lake City;
;provided, however, that said grantees, their successors and assign,
shall have had notice of any such suits, and an opportunity to
appear and defend the same; and the said grantees, their successors
land assigns, shall appear in and defend all actions brought against
;Salt Lake City for any injury or damage by reason of the construc-
' Ition, operation or maintenance of said spur tracks.
• SECTION 5. This franchise is granted for the
,(period expiring on the first day of January, A.L. 1962; provided,
however, that it for a period of nine consecutive months during
!the life of this franchise said tracks or any part thereof are not ;
Ill sed for the purpose for which this franchise is granted, or if
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there is a substantial abandonment of the use of said tracks or any
part thereof, this franchise shall be voidable at the option of 1
;the Board of Commissioners, and if so ordered by the Board of
Commissioners, said tracks shall within 30 days after notice, be by
said grantee removed from the street, and the street restored to I
a condition uniform with the balance of said street with respect
to grade, materials and construction, to the satisfaction of the .
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supervisor of streets. In the event of failure of said grantee
to remove said tracks and to restore said street upon said no-
tice, and within thirty days thereafter, the work may be done by
,aalt Lake City at the expense of said grantees.
SECTION 6. This franchise is granted upon the express
condition that within two- (2) years from the effective date of
this ordinance there shall be constructed and established upon
the trackage within the five acres oy't he Cutler property lying
south_ of 9th oouth Street and between 'Lain Street and Test Temple
Street;,buildings and equipment forlindustrial and commercial
purposes\costing not less than Fifty 'Thousand and 00/100 (00,000)
Dollars, and if this. condition is not complied with the franchise
herein granted shall for that reason be subject to revocation and
annulment by the Board of Commissioners of salt Lake City, and
if so ordered by the Board of Commissioners said tracks shall,
within thirty days after notice of a finding that the conditions
of this section have not been complied with, be removed by said
(grantee from the street and the street restored to a condition
uniform with the balanoe oQ�f Said street with respect to grades,
material, construction and satisfaction of the supervisor of
streets. In the event of failure of said grantee to remove said
tracks and restore said streets upon said notice, and within thirty •
!days thereafter, the work may be done by Salt Lake City at the
expense of said grantees.
SECTION 7. Unless this franchise and all the terms and
conditions thereof shall be accepted in writing by the grantees
herein within thirty days after this ordinance becomes effective,
.and unless said track be constructed within one year from the
effective date thereof, then this ordinance shall be null and void.
SECTION 8. This ordinance shall take effect thirty-one ,
•days after its passage.
Passed by the Board of Commissioners of Salt Lake City,
'Utah, this let day of _April 1926.
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ROLL CALL
VOTING AYE NAY Salt Lake City,Utah,fi7 -1192,6
192
Burton
I move that the ordinance be passed.
Finch ---
Green
Moran
Mr.Chairman - - -
Result 3
ROLL CALL
VOTING AYE NAY Salt Lake City,Utah, . April lst, 192 6.
I move that further action on petition of Heber
Burton S. Cutler, et-al. asking for permission to construct
and operate two spur tracks from the track of the S.L.
Finch ,- & Utah R.R.Co. south into what is known as "Cutler
V Field", be deferred until such time as the Board of
Green City Commissioners has taken up and disposed of the
Moran petition of I. E. Willey, et-al. filed under date of
Mar. lst, 1926, asking that existing franchise of the
Mr.Chairman - - - - S.L. & Utah R.R.Co. in 9th So. St. between West Temple
-- and Main Sts. be revoked, and motion #132 of 1925 by
Result Commissioner Barnes that the Receivers of the S.L. &
Utah R.R. Co. appear and show cause why their franchise
for line on 9th So. St. from 1st West to a point be-
tween West Temple and Main Sts. should not be revoked, and vacated.
Commissioner of Public Safety.
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