54 of 1958 - Granting to Denver & Rio Grande Western Railroad Company a franchise to construct, operate and maint •
rIptembor 11. 1958
Mr. • R. Christensen,
City Attorney
6t a meeting or the hoard of Commienionars held ioptomber 11.
1958, Bill No. 54 for an ordinance granting to the .onver and
1rando Hastern Kailroad Coopany. its succevaor4 and assigns,
the ri&ht to controct, operate and naintain an extension to an
oxistinl standard gauge railroad spur tract; over nn0 along
sahington -Aroot and ever and ocrop Californin ,vonne in
alt Lake City. Wa4 passed.
Copy to 'Zour,t. trnly,
treet4
oig• )60,,
Auditor
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A./en, City • acorder
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ROLL CALL 21, Salt Lake City,Utah,_...5.EP i 1 1$Do 195
VOTING Aye Na
I move that the Ordinance be passed.
Burbidge . . .
Christensen . .
. ,..�.. �
Geurts
Romney
Mr.Chairman Lf AN ORDINANCE
Result . . . .
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT,
OPERATE AND MAINTAIN AN EXTENSION TO AN EXISTING STANDARD GAUGE
RAILROAD SPUR TRACK OVER AND ALONG WASHINGTON STREET AND OVER AND
ACROSS CALIFORNIA AVENUE 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 Denver and Rio Grande Western Railroad Company, its successors
and assigns, to construct, operate and maintain an extension to an
existing standard gauge railroad spur track over and along Washing-
ton Street and over and across California Avenue in Salt Lake City,
Utah, the center line of!,said spur track being more particularly
described as follows:
Beginning at a point in the center line of an existing
railroad track in Washington Street at a point fifteen
feet east from the west line of Washington Street and
ninety feet south from the south line of California
m °O ") Avenue, the existing spur track being located parallel
0 osba with the west line of Washington Street; thence
8, '41 northerly in Washington Street on a thirty degree curve
807'1 to the right 63.3 feet; thence north nineteen degrees
m east approximately 38 feet; thence northerly on a
thirty degree curve to the left approximately 58.3
o a feet to the north line of California Avenue.
aC• v
d "' SECTION 2. During the term of this franchise the grantee
4 athall be subject to the following conditions:
33
(a) That said track shall be laid upon and conform to
o�;� the grade of said street and shall at all times be main-
mc� 3 tained by the grantee to conform to the grade of said
e street, and if said grade is afterward changed by ordinances
y • o of the Board of City Commissioners, the grantee shall , at
•I Q° its own expense, change the elevation of the track so as to
conform to the same.
z
auio • o (b) Whenever said street where said track is constructed
o 0 m shall be paved, resurfaced or repaired, the said grantee,
'� °d its successors and assigns, shall pave, resurface or
m C o 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 whibh 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 tracks.
(a) 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 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 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 tracks 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 hood condition at the expense of
said grantee in all water ditches crossed by said track so
as to admit the 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 herein
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, demands and
judgments whatsoever, whether in law or in equity, which shall be
asserted, found or rendered in any manner whatever 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 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 he found against said
Salt Lake City; provided, however, that said grantee its successors
and assigns, shall have had notice of any suit or 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 (9) 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
-2-
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 con-
ditions 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 (1)
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 inhabitants
of Salt Lake City, Utah, that this ordinance become effective
immediately.
Section 8. This ordinance shall take effect upon its
publication.
Passed by the Board of Commission s of Salt Lake City,
Utah, this 11th day of Se to er , 1958.
TC,MPO Y CHA
Bill No. 54 of 1958
Published September 16, 1958
-3-
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
D M--Oe-key
Being first duly sworn, deposes and says that he is legal advertising
clerk of the DESERET NEWS AND SALT LAKE TELE-
GRAM, a daily (except Sunday) newspaper printed in the Eng-
lish language with general circulation in Utah, and published in
Salt Lake City, Salt Lake County, in the State of Utah.
That the legal notice of which a copy is attached hereto
Salt Lake City Bill No 54 of 1958,
en Ordinance granting a right of way
to the Denver And Rio Grande Western
Railroad Co.
was published in said newspaper on September 16, 1958.
Legal Advertising
Subscribed and sworn to before me this 23rd day of
September A D t9 58
Notary Public
My Commission Expires
Nov--2.5•,---1_95-1-.
"a�
4n9nf Notices —'1
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Ill1RIN ANC.:
AN ORDINANCE GRANTING
To TIIE DENVER AND 1110
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GRAND1 WESTERN iAll ROAD rot
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ANl) SS NS, THN RIGHT'CO'
MAINS1UN1 OPERATE AND. -I
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