56 of 1940 - Granting a franchise to Rio Grande Western Railroad Company et al, to construct spur track over 4th LL .,, ...,
— ,_.(.7 1.8 194G
Vt SING AYE • .-‘1 \ ' Sa., Lake ,...y,Utah, ,..., 193
y
Goggin 1 /
I move that the ordinance bejnufsed.
Keyser
I Vi/,,,_
goltsplorbc McConkie ---iroee.---.1--&-j'
iixciotecxx - - - -1,V7 _.
Matheson
2.acx vti /
Mr. Chairman - - - •%,
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Result
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I
.56
AN ORDINANCE
'AN ORDINANCE GRANTING TO THE DENVER ANDL4.16GRANDE WESTERN RAILROAD
:COMPANY AND WILSON McCARTHY AND HENRY SWAN AS TRUSTEES OF THE
PROPERTY OF SAID RAILROAD COMPANY, THEIR SUCCESSORS AND ASSIGNS,
THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAIL-,
'ROAD SPUR TRACK OVER AND UPON FOURTH WEST STREET NEAR THE INTER-
SECTION OF SAID FOURTH WEST STREET AND FOURTH SOUTH STREET 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 and Wilson
McCarthy and Henry Swan as Trustees of the property of said Rail-
road Company in reorganization proceedings, and their and each
of their successors and assigns, to construct, operate and main
!tain a. standard gauge railroad spur track over and upon Fourth
West Street near the intersection of Fourth West Street and
`Fourth South Street in Salt Lake City, Utah, the center line of
;said spur track being more particularly described as follows:
Beginning at a point 10 feet north of the north
line of said Fourth South Street and 59 feet east of
the West line of said Fourth West Street, and running
thence northwesterly on a thirty degree curve to the
left 90 feet; thence on tangent to said curve 45 feet;
thence on a thirty degree curve to the right about 35
feet to a point on the west line of said Fourth West
Street 170 feet more or less north of said north line
of said Fourth South Street; all as shown in yellow
on the attached blue print which is hereby referred
to and 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 eleva-
tion 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
1 Board of Commissioners, and all ties shall be 1o'ic
r' upon a concrete base of such thickness as shall be
• directed by the Board of Commissioners.
•
(c) Said track shall be laid-and the road operated
so as to cause no unnecessary impediment to the com-
mon 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.
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•
(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 the Board
of Commissioners and shall replace such sidewalks and
such curbs and gutters to the satisfaction of the Board
of Commissioners and shall so construct the gutters
that they will allow free passage of water and be to
the satisfaction of the 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 the 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 cross-
ed 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 contract-
ors, 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 streets ,e
. Section 4. Said grantee herein, its successors and as-
signs, 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 whatso-
ever 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
spur track and that the grantee herein, its successors and assigns,
will pay the amount of any judgment, determination or adjudica-
tion 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 spur track.
Section 5. This franchise is granted for the period of
fifty (50) years from and after the passage of this ordinance; pro-
vided, 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 the
Board of Commissioners; and if so ordered by the Board of Commis-
sioners, said spur track shall Within thirty days thereafter be re-
moved and the street restored to a condition uniform with the`bal-
ance of said street with respect to grade, materials and construc-
tion, and to the satisfaction of the Board of Commissioners. In
the event of the failure of said Railroad Company 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 Railroad Company.
- 2 -
Section 6. Unless this grant and all the terms and con-'
shallbe accepted, in writing, bythe grantee
di io thereofsh 1
t nsp ,
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 the Board of Commissioners;,
;I it is necessary to the peace, health and safety of the inhabitants;
of Salt Lake City, Utah, that this ordinance become effective im-
liesediately.
Section 8. This ordinance shall take effect upon its '
w= pYblication.
p s �y t11e B rd Comm'ssio ers ,of Salt Lake City,
° ' "Utah, this�X day o .44
, '1940•
ty ecoaer
11 `BillNo. •
:Published , 1940.
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Affidavit of Publication
STATE OF UTAH,}County of Salt Lake
4
— I
Legal Notice'.
�- AN ORDINANCE ..1.00.11....Yourog
•-AN ORDINANCE GRANTING TO THE'
tIF➢ENVER AND RIO GRANDE WESTERN Being first duly sworn,deposes and says that he is the ad-
vertising clerk of THE DESERET NEWS,a newspaper
AAI RAILROAD COMPANY,
SUCCESSORS AND ASSIGNS, .THE
RIGHT TO CONSTRUCT,OPERATE AND
MAINTAIN A STANDARD GAUGE RAIL] published in Salt Lake City,Salt Lake County,in the State
ROAD SPUR TRACK OVER AND UP.I
'ON FOURTH WEST STREET NEAR.
THE INTERSECTION OF FOURTH SOYA ,
STREET IN SALT LAKE CITY UTAH,I
HE IT ORDAINED BY THE•BOARD
or eoMMrssroNERs of•serif 1.MKE That the advertisement.--.9rdinange Bill No. 56
'CITY, UTAH: „ lee_and ss`�}I
tlonheteby cratad•L Theo. Re 1
mid,Rio Grande.�Yeatetn R•NfrdSd-llelnry G>"anting D, c2 Re G, ;,.r, R, R. agar track — 4th West near
Pang and Wilson•McGartflYl Bed I
Swan ae Trustees of the propeS,ty bf_Bed
Railroad Company In reorgan+patlon
neeamb,ad their-and sotto o4 heir•sue-. C1 C — City OOrdere
easore magus, to•antitank oterate, --.4tlz.squtfi; — Salt Lake City Aeration i y .
d
and mai i. t a atanaOe seine :West
lroad
yptar 4rite o a settn-Fuoff' watt
Wfeit Stag and Fourth South StrFeet In
-Salt Lake City, Utah, te-center-line t
+d spur track being more.patticularly
deacribett as follows:
•Beginning at a point.lo feet north of was published in said newspaper, in its issue dated, the
the'north line o1 saidbieurthWee Louth'Street I
d 69.feet eat of Om w- `Mhos°. 4 typ
onorthwesterly- thirty degree l9th. day of December A.D. 19.-40._
to rthe left 00 feet: thence on tangent to
old curve 40 feet:thence on ,thirty de.
r. afee rve to the right about ll feet to 1 time
PPLvt on the west line of Bald'Fourth and was published
of sa said
north
line
more
Into
to yellow the
Erred t,bins print which is f Ms re-
ferred the last publication thereof being in the issue dated the
attar to end ode pert of Ms
dlnance.
Section 2, During the'term of that day of n A.D.19
franchise the grantee shall be suject to;
the'following conditions: I l
..(at That said track shall be laid-upon
C75and conform sal the grade of a ai freer
d shall at all times be.maintained by
the grantee to conform'to-the grade of'
said street, and /f said grade Is fter-;war Vertising Cler
d changed by ordinance of the Board
of.City Commissioners,the-grantee shall,
t Ite n abase, change the.clove
don•
of
f own
track m a to tronform to'.
•OM -Whenever track•is eonetrated ldsh ll�be paved,t where-said-
surfaced or repaired,the said grantee,its
samara and. /gnat hall nave,
face pair between the ils,and•sfor 27th day of
pars of two (21 fleet.inside o1 each p be f ore me this
all with the game kind of Material_uee I
on the Bald street, Ar•with each' thatr
imatertal as may be approved by the.:Hoard
al Commlealaneral and all Elea hall be'r A.D. 1940
.Ildt upon. concrete base f such.thick-
etas.we eh 11 be.directed Mt r the'B and,
4ifki
I'CV\i ______.
Ito t gulate and control`the speed of n I Notary blic,
Maine, engines.and eata.Vpereted.by the..
grantee, +la enamor.Wild.magma•na a
old track, -_ .
,
• (e) If, in putting In aid track said
grantee sidel reflect or in any neon
5
Interfere itftlit-Ike Iliamtnent,)-'Mwl e
ourbe or Jrutters on said street, it eh
rePiam Audi)pat with'the sante Or
with catch other material is Shell be
ordered by the Board of'Commissionere
and shall replace Such sidewalks and such
cc,he and gutters to the satisfaction of
the Beard of Cominissioners and shall no
construct,the guitar n that they will allow
free passage of water and be to the sat-
isfaction of the Board of Commiseloners.
(I) Said,grantee,ahall put in and main)
lain such'°religiose over said frank as
shall from time to time be'required by
the Bokrd.of Commiseioners.• •
'.1g) Good and.sufficient conduits to
convey.water(Malt be laid and maintained
I n Food condition BA_Me eapense of said
grantee to all water ditchM crossed by
acid track tered•-as'to admit of free pas.
sego of wa .
Section',5.Holding to this grant shall bet
an construed as,to eaven} Bali. Lake:
City or tin'pfithoilsed agpOts,or contra.
tors or pvpous„er perporgi,t91,,to,,se, 0,..„..1
,franchtee•blar haVe iiskt Att..1,p.a.'.P„Ieart
..*::))J\,.. e, _.,).4 -
(Mt 10,'.c) - 'Y''.•''4 Melt)11..._!)).eil
en
t „, - ne°950 ,nr the*100
.
, 4.,614d Etibtlit.305.04Ilf.te5X
'I=Li-C.:dot.trinriiita'''' 'Ital-h,fewhore
,!hereln graatedk,amkbalif-Obnaideraloon of'
,ine"erne;Aber itereby.,-•bind.iteM11. Its
suceeetioett aod,M)dithIt.Moot Its 11.CRODtallcV
,11:41.gLIIVfi':i.0 l.,01,1 17.1.21'TL-,
Judgments whoradet5tV'wnothee in Mw
41 7Z in
ei7•4*iff:db6j°1')enrol
''''•'•""ao:
,Lmir a gaitirtir 5:sid dagY0t-Vrte7)::MAI)
age•to ablIftineMitifoltipokkersOpai boost.
)0i otherwide, by,reason of(lie'resrlitng
'of•Oda.fradchkato or be'remain of
construction'or operation Oh'Said slim
trod k and.Shat..ths 'eate°'herein. As
puteessers spgi-iiiilkil'i,wilt Par the noiemkt
of.tt0F lUalmnent,,determidation ON.ad-
Jfkintation whlbh•In ant).snit br,procesolift
ma, be or,OMB'be found.arsinst sail
Salt ;dike Cite' provided, however, that,
said grantee, Its succoasom hod assigns.
shalt.haVe had notice of any such snit,
and an opportunity to mipeart and de foal
rthit,same,and said grantee,its successors
nod Willigo s. shall arPeal. In and defend
r all actions,brought aeainst Salt,Lake Vito
1 for any injury or damage by reason of
the constructron,operation or maintenance
of cold spur track.
Section 5.This franchise Is granted fed
the period of fifty (50) years front and
atter the Paesage of this ordinance: pro.
aided,however, that If-for a period on
,nine cortsecutIve months'during the life
'ot this franchim eall spur track Is not
uqed for the°impose()for which thus fran.
'chi.°is granted.or It there is a mdistan.
Hai abandonment of the Iler of said coo
track for said purposes, mid franchim
(Mail be voidable at the oldie]) of the
Board of OomMissioners) and if.so or.
,derted-by the Board of Commissioners.geld
ninny track shall within thirty dam'thereatt;
eerie removed and the street restore---(7I In
or condition uniform with trio balance of
bfkifi street with reepect to grade. aim
Mrials and conatruction,and to the satin)
f action.,of the Board.of,Commissioners.
•In the'event of the failure of said Ball-
'road Company to remove&lid track and
1 oh tote said'street upon'such action and
Within said thirty lit) days, the•said
Work PM,.1,e done by-Salt Lake City at
thuttip:tvez.ylheIltai4loyad Coniyany.
Unman t s s•grant and all-the
terms and conditions'thereof shalt be am
mated,in writing,by the grantee kerein
within thirty (30).days after the tektite
effect of this ordinance,and males.enth
track be,constractdd within on year from
tho-date.of such wise age then this ordinate,
,shall be(null and vMd.
Seetioo I.In the opiniod of the Boord
of Commissionerk•it is necebsgene id,O.
{7WVltigil t;'')3;:if,
di/lance:become off erile e inplIgdf{ttel,
,e81;gh'itirgbil20: "INI'"!'`'
Passed'by tbe•Boned of EoEireMsiopori
of•Salt,Lake'CIO.U(ah,'Alabt JOtit.,,day at
(5EALi' ETHEL.MACDCHAEDOft,Bocoadn,.
•)
!iEtieta:'ism:400,.."0.:._
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