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HomeMy WebLinkAbout55 of 1967 - Granting the Oregon Short Line Railroad Company (Union Pacific Railroad Company, Lessee) a franchise ROLL CALL August 24 7 VOTING Aye Nay Salt Lake City,Utah, ,196 Barker. . . . I move that the Ordinance be passed. ' Catmull . . . / Harrison . . � Holley Mr. Chairman . i Result . AN ORDINANCE it AN ORDINANCE GRANTING THE OREGON SHORT LINE RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY, LESSEE) THE RIGHT TO CONSTRUCT; OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK IN AND ALONG THIRD WEST STREET, EXTENDING NORTHERLY AND NORTHEASTERLY FROM A POINT OF SWITCH IN THE EXISTING INDUSTRIAL TRACK IN THIRD WEST STREET THAT IS APPROXIMATELY 80 FEET SOUTH OF THE SOUTH CURB LINE OF SEVENTH SOUTH STREET TO A POINT ON THE EAST SIDE OF THIRD WEST STREET THAT IS APPROXIMATELY 220 FEET NORTH OF THE NORTH CURB LINE OF SEVENTH SOUTH STREET, IN SALT LAKE CITY, SALT LAKE COUNTY, UTAH. Ii Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That the Oregon Short Line Railroad Company (Union Pacific Railroad Company, Lessee) be, and the same hereby is, granted a franchise and right of way to construct, operate and maintain a standard gauge rail- road spur track in and along Third West Street, extending northerly and northeasterly from a point of switch in the existing industrial track in Third West Street that is approximately 80 feet south of the south curb line of Seventh South Street to a point on the east side of Third West Street that is approximately 220 feet north of the north curb line of Seventh South Street in Salt Lake city, Salt Lake county, Utah, at the location shown in yellow upon a print filed with and attached to the original of this franchise ordinance, and on a center line more particularly described as follows: Beginning 111.8 feet south and 9.0 feet west of City monument at 3rd West and 7th South Streets; thence north- easterly 89.4 feet through a No. 7 turnout with a frog angle of 8°10' to a point of curve to the left having a radius of 459.276 feet and a central angle of 8°10'; thence around said curve to the left a distance of 65.33 feet to point of tangency; thence northerly 87.90 feet to a point of curve to the right having a radius of 173.49 feet and a central angle of 89°54'; thence northeasterly around said curve to the right a distance of 124.27 feet to the west line of block (Block 25 Plat "A" Salt Lake City Survey) . 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 conform to the grade of 55 -2- 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 elevation of the track so as to conform to the same. (b) Whenever said street where said track is constructed 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 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 track,6 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 the free passage of water. it1 1 I -3- 11 `I I II SECTION 3. Nothing in this grant shall be so construed as to prevent i 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, laying sewer lines, laying gas or water mains, pipes or conduits, 11 it altering, repairing or in any manner improving said street. i�II SECTION 4. Said grantee herein, its successors and assigns, shall and I I by the acceptance of the privileges and franchise herein granted, and in IIconsideration of the same, does hereby bind itself, its successors and i assigns, upon its acceptance of this franchise, to save said City harmless 11 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- ever against said city for injury or damage to persons or property, or otherwise, by reason of the granting of this franchise, or by reason of the fconstruction 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 such action or proceeding may be or shall be !I found against Salt Lake City and shall appear in and defend all actions }1 I1 brought against Salt Lake City for any injury or damage by reason of the I II construction, operation or maintenance of said track, or the granting of this franchise; provided, however, that said grantee, its successors and Ii assigns, shall have had notice of any such action or proceeding and an opportunity to appear and defend the same. 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 1 franchise said spur track is not used for the purposes for which this fran- chise is granted, or if there is a substantial abandonment of the use of lsaid 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 it I 55 -4- Commissioners, said track shall within thirty (30) days thereafter be Ii 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 con- 1 structed 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 jl City that this ordinance become effective immediately. SECTION 8. This ordinance shall take effect upon its first publication. Passed by the Board of Commissioners of Salt Lake City, Utah, on this 24th day of August , 1967. /!. i i MAYOR geuAey CHIEF DEPCiTBTY RECORDER (SEAL) BILL NO. 55 of 1967 jlPublished August 29, 1967 .„ 55 Votices ' +Legs' :Notices AN ORDINANCE 1 that this ordinance become ef,ectivel lmmedldtelY. AN ORDINANCE GRANTING THE; SECTION 6. This ortlinance hall OR EGAN SHORT LINE RAILROAD,}aka eflect Upon its first oublicalldn. COMPANY:UNION PACIFIC RAIL-� Passetl by the Board i Commis-! ROAD COMPANY; LESEEI THE signers of Salt lake City Utah.on RIGHT TO CONSTRUCT,OPERATE this 24ih day o+Auaust,w. AND MAINTAIN A STANDARD J.BRACKEN LEE I GAUGE RAILROAD SPUR TRACK Mayor IN AND ALONG THIRD WEST EL RITA. M, BEESLEY STREET, EXTENDING NORTHER-(SEAL)Chief Begun,City Recorder LY AND NORTHEASTER LY EROMI BILL N0,55pf 1967 I POINT OF SWITCH IN THE En published Avgust 99,1969 fA-Btli :STING INDUSTRIAL TRACK IN+- THIRD WEST STREET THAT ISM APPROXIMATELY 80 EETI SOUTH OF THE SOUTH CURB LIN OF SEVENTH SOUTH Affidavit 'of Publication STREET TO A POINT ON THE EAST SIDE OF THIRD WEST" STREET HAT IS RTH OIMATE- LY 220 FEET NORTH OF THE NORTH CURB LINE OF SEVENTH SOUTH STREET, I SALT LAKE • UTAH. SALT LAKE COUNTY, Be it ordained by the Board f JTAH, Commissioners f Salt Lake CRY,' USE: SECTION 1.That the Oregon Short: SS Line Rallroatl Company(Union Pa- ciai he cam hereby L¢sa1 bra(lt Lake E the era Y ght o granted 1 and and fight at a ad atru 0 d¢rota a amain fe=! D M Ockey a s�uu°ae r"Trion our track -_ ntl along Thi rtl nor Street,extent --.----- an rihe/�v and riheasterly from) Pdint d, s'tch the xistina Muetrrl its a r01mh vd West Sheetthat is ap roxlmatelY BO feet m a the sdwR garb Bne dt 5eY- Beingfirst duly sworn,deposes and says that he is legal a vet• est South Tnir to a point t the' east ee rote of T:Tin West Street that: etely 2zo rear eth + using clerk of the DESERET NEWS,a daily (except • Su ay • ) ihean sin�ea b ene of Seventh South: street i acne Lek¢Clty,Salt Lake newspaper ri.nted in the English language with general cir- cnu _. t m ai the location 9ndwnlP Ih yellow atoll a print filed with a4 Igl Gone and sufficient conduits ldlltion in. Utah. and published in Salt Lake City, Salt Lake H5e ed to the ordglnal f this(ran-< ter shall be le itl d chi se ,and on venter line mamfzmea m born o giros at in¢Et in the State of Utah. ' lows. ParScmee'T'e'eribae T o' -¢ se of seta y sssase n k so a5, dif has crossed EY said p;hack ern ys Bealnnin9 111.e feet sown and to aEmif the free O,water. ' 9.0 feet we 1 of City umen at SECTION G.Nothing In this errant ird West and ]ih South Streets; hall be so irvetl s to e e t L thence ortheaslerlY 89.4e feet Salt Leke City r Its authorized efhat the legal notice of which a copy is attached hereto through a Nd. ] turnout Ith a agents,or contractors.oY Patellae or trip le of a dig.10 In.to a (Inns to WPO igeTlse Point of curve fo the leftmhavi9 a °r°,av naYe been nr Y haraa,ter tbrSalt Lake pity Bill No 55 of 19 7 - r tlius cT a59.2Tb feet antl a teal a tetl from paving, la_Inn anode f 0 dug. t0 Inle Thence nin c;ndning gas or ware mains,oides_ Una Bald curve 1n theo,0t a dls- 0,000c,r altering, g natd r to fence of 1000 trot to t f tan- a co rSer0vin eltl treat. iM1ence rtheriv 9].90 feet aSECTION 4.Sate Qrantc-e herein. Ordinance granting a right of way to to poln' f cu to the eight 'is suck0ssoes tl pns,shall tl haven a angles f 89 d ,eat antl a the erhete of the d,anepIn- irdd angleorthea to lV deg.a 54 min., and franchise herein gee do a tl In }hence theasterlY pond said tleraron tt the same,tices herc- urYr to ine mm .`waranke r by bindultself Iraatt ee¢adea ono - Oregon Short Line Rai:road company 21.2]feet to the west lme of block goer, pin tits gCity f }his Block 25 Plat"A"Salt Lak¢City (ranchase,fo save aitl CIN harmless.-- --- Survev from II ales, :alms,demantls anal SECTION 2. Duringgrantee the term de leg, or i hats0ev w, tether led this franchise to the shall be law In e Ion' ender hall bed • s biect a the following conditions:laid asserted,found r rendered Id sin_(a)That mat said track hall be laltl sane whatever against said Sv� — - UdId tl conform tO the tint a manner or it 1ity 10 Pieason o Ion freer antl hell at II time`he certa^,or otherwise,by f ai tainin by ine grantee to jZar, hag of others oi'Fre, r by forsma to the grade of saitl street,antl n of the n traction oera� If id praae Is fterwartl khanq a iton of am traits ande tort she b_ rtllnance of the Board f CiaY oranges hill o is sac ss ntl August 29, 1967 Co omissio%ers,the grantee shall, 1 ions,will Y ih¢amount Qtan is n e Manse,change the eleva-hutlgmeni�aet In, dr a aumea published in said newspaper on non oa ine irakk eo ae to donmrm td tieaa nom6 m a�auen n a i the idtu�a ihpb)Whenever said trees here eaailisti Salt Celle City antl shall a aitl track d structed shall be'p and defend all lions paid grantee,,i itssuc Ss or tndlam,iniuragainst damaaeo Lake reason.of --_.- ssnns, hall pave, resurface surface and construcltion,operation main- repair - • between the ails and for tenance f id track,orr the erant- pce of two(21 feet outsie of each inn of this sranchlse;er ided,hco w- r ll wits h kintl f teelal r,:hat id grantee,Its pP',-- d on the s lid street.or with such =ors nor assigns,shell have had ugh t rlal eY be appe,%71 fin of a such action o eProceeamp by the Boartl of COmmoainners, a d pportenlN to Ppeae antl J��`i'u ,�L_� II lies shall be laid a r2ie derEitriig cam, / G6 d s d ch idOoaos a hall be anedI o h. This }oath!a Is directed d am Bnara gi laid en- prangs ra the a°ieeihefref'ssael're Legal Advertising Clerk� (nets. cr Sold track shall ba Tau end this efor4ce;',1 re ggni, however, the oatl ocerafetl so as to cause n that if for ppeerlOtl of ine(9l on erY imoevd7s t to the m- Hva gather tlsri the hie of n00 ooh IdtnIn l of saltl street'this trance se aid spur track is of m each It le IaiE.' sea(or ine ear Poses for etch this right t It Lake Cat reserves the substanti Is'h god,or If there Is a speedto grains d control the substantial id sal terac abandonment t ine se speed of all trains, set,I 0 c tolda tranchlse'ashallll rbeaiv"Eab!es at dpe5atea ba sge ate,its ek e a 30th day of dd a :te irarka. the nsia of Tao data of'cdmmi:- 0(5 It Ins'fain`in saltl track, a If s Ortlrretl b_sale seta grantee shall e o e t 19dall ii commissioners, d reaack this interfere on th tte Saon oat, hall etrem ved (00)heYstree a re- v.-bs or nutters s tl e stored a aav¢a tl the street 67 siraet, ii shall remlace s h'awe- toeetl ao naitios :form with s mar mat sae dr with h the balance de saitl treat th r' 19 niter malarial era shall be oetlered.strut fo arade, meter rats antl non OY said Boartl of Comm,ssloner5 antl st id Board of C mlmrsssaoderstllnntM1e shell re lsai such era Ik a a -`\ h taros a Sutlers 1 thesells- vent 0(a the failure of said grantee /\ • such fsha a so construct of m I se e era a track and slang e°Eau thefree,t wthins sal4'the0Nvn CM such action said - re fals and shall Thor wi rro {n Dassene of watr antl b t th it i k may be done by Salt Lake City �{/` • //��/ �'-./l i lact'on of sa'tl'Board of Commission-I work Un ego:his rpr2nt antl _-• -C #1 Seld grantee shall put i ' a Mill/teterc epos s nwllt°af,,,,,,era '' Notary Public Inted s h Os nos s eV tea herein ifhine thmty this frocks ha"id a tame to Ymaabe grantee_ the faking effect f rhle • slred by Id Board of Commis- ortlinance,antl mess h track be oneirs. _ nellegeo wilge ono(il Year fr the tla c f h passage.then this :ortlflwncO halls be null antl Itl. ld SEd C m I the rsfnfo I of nce. Board of edmmis.heals It is ne - 'ofr to the pence,health tl safety the inhabitants n{Salt Lake City My Commission Expires Nov 25 1969 0J Omaha, Nebraska 1967 TO THE HONORABLE MAYOR AND BOARD OF COMMISSIONERS OF SALT LAKE CITY, UTAH The undersigned, Oregon Short Line Railroad Company (Union Pacific Railroad Company, Lessee), hereby accepts the franchise and privileges contained in and given by the ordinance passed by the Mayor and Board of Commissioners of Salt Lake City, Utah, on August 24, 1967, and published August 29, 1967, entitled: "AN ORDINANCE GRANTING THE OREGON SHORT LINE RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY, LESSEE) THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK IN AND ALONG THIRD WEST STREET, EXTENDING NORTHERLY AND NORTH- EASTERLY FROM A POINT OF SWITCH IN THE EXISTING INDUSTRIAL TRACK IN THIRD WEST STREET THAT IS APPROXIMATELY 80 FEET SOUTH OF THE SOUTH CURB LINE OF SEVENTH SOUTH STREET TO A POINT ON THE EAST SIDE OF THIRD WEST STREET THAT IS APPROXIMATELY 220 FEET NORTH OF THE NORTH CURB LINE OF SEVENTH SOUTH STREET, IN SALT LAKE CITY, SALT LAKE COUNTY, UTAH." This acceptance by the undersigned of said ordinance specifically includes all the terms and conditions contained therein. OREGON SHORT LINE RAILROAD COMP (UNION PACIFIC RAILROAD COMPANY, LESSEE,) RECEIVEDJ l — _L-c� vi,o President si& 2 1967 140.04+Nretww City Recorder 55 ( 11,,l V a '^} NOV .867 A C C E P T A N C E 15tOn a J .014 a ; cori ACCEPTANCE OF 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 SIXTH WEST STREET, NORTH OF SEVENTEENTH SOUTH STREET IN SALT LAKE CITY, UTAH. WHEREAS, the Board of Commissioners of Salt Lake City, State of Utah, on the 1st day of November, 1967, passed an Ordinance entitled as above; and WHEREAS, it is provided in Section 8 thereof that said Ordinance shall take effect upon its publication; and WHEREAS, said Ordinance was published on the 3rd day of November, 1967; and WHEREAS, it is provided in Section 6 of said Ordinance that said Ordinance and all of the terms and conditions thereof shall be accepted in writing by the Grantee within thirty (30) days of the effective date of said Ordinance; NOW, THEREFORE, said Grantee, The Denver and Rio Grande Western Railroad Company, hereby accepts said Ordinance, Franchise and Grant and all of the terms and conditions thereof this 8th day of November, 1967. THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY S. N. Cornwall Its Agent and Attorney STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) On the 8th day of November, 1967, personally appeared before me S. N. CORNWALL, who, being by me duly sworn, did say that he is Agent and Attorney of the said The Denver and Rio Grande Western Railroad Company, a corporation, that in his capacity as such Agent and Attorney, he executed the foregoing Acceptance for and on behalf of said corporation. ,�.,.� NOTARY PUBLIC Residing in Salt Lake City, Utah My Commission Expires: /e", /5>o .2.