56 of 1949 - Granting to O.S.L.R.R. Co. (Oregon Short Line Railroad Company) (Union Pacific Railroad Company Less L.h�.a— Salt Lake City, Utah, , 194
VOLT'°^-, Aye Nay
I move that the ordinance be passed.
Affleek . . . .
Matheson . .
Romney .
Lingenf elter
s . . . .
Mr. Chairman . AN ORDINANCE
Result . . �
AN ORDINANCE GRANTING TO THE OREGON, SHORT LINE RAIL-
ROAD COMPANY (Union Pacific Railroad Company..Lessee) a franchise
to construct, operate and maintain a standard gauge railroad track
over and upon South Temple Street between Eighth West Street and
Ninth West Street in Salt Lake City, Utah.
3e it ordained by the Hoard of Commissioners of Salt
Lake City, Utah:
SECTION 1. A franchise is hereby granted to the Oregon
Short Line Railroad Company (Union Pacific Railroad Company, Lessee),
its successors and assigns, to construct, operate and maintain a
standard gauge railroad track over and upon South Temple Street be-
tween Eighth West Street and Ninth West Street in Salt Lake City,
Utah, the center line of said track being more particularly describ-
ed. as follows:
Beginning in the center line of the present operated
main track of the Oregon Short Line railroad in South Temple
Street 75 feet south of the southeast corner of Block 57,
Plat 'C', Salt Lake City Survey, thence along the center line
of proposed. track along the arc of a curve to the right hav-
ing a radius of 942.29 foot for a distance of 80.3 feet;
thence continuing on the tangent to said arc north 84 deg., 16
min. west 105 feet; thence along the arc of a curve to the
left having a radius of 942.29 feet a distance of 94.2 feet;
thence continuing along the center line of the existing track
which is tangent to said arc for a distance of 380.5 feet
west, to the east side of dinth West Street.
The location of the center line of said track is graphical-
ly 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,
its successors and assigns, shall be subject to the following condi-
tions, viz:
(a) The said track shall be laid upon and conform to the
established grade of said stem, and if said grade is after-
.
ward changed by ordinance of the Board of Commissioners, the
Grantee shall, at its own expense, change the elevation of
!i
the tra4 so as to conform to the same.
(b) Whenever said street where said track Is constructed
shall be paved, repaved, resurfaced or repaired, then said
Grantee, its successors and assigns, shall pave, repave, re-
surface or repair between the rails and for a space of two
feet outside of each rail with the same bind of material used
on said street, or with such other material as may be approv-
ed by the hoard of Commissioners.
In the event said grantee shall fail to pave, repave,re-
I' surface or repair and surface any area as herein required for
[{ a period of thirty (30) days after notice from the Board of
Commissioners so to do, the City shall have the right to pave
repave, resurface or repair between the rails or said surface
or area azd the Grantee agrees to reimburse the City for the
total cost of said work, labor, and material.
(c) The 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) Good and sufficient :coridizita. 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.
(e) 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 the track
aforesaid. Neither the engines nor cars shall be permitted
to remain on said track.
(f) If, in the replacement or maintenance of said track
Grantee shall remove or in any manner interfere with the pave-
r¢ent, sidewalk, curbs, cutters or waterways on said street,
It shall replace such pavement with the same or such other
11
material as shall be ordered by the Board of Commissioners
and shall replace such sidewalks, curbs, gutters and waterway
to the satisfaction of the Commissioner of Streets and Public
-3-
Improvements and shall so construct the gutters and waterways
that they will allow the free passage of water to the satis-
faction of said Commissioner.
SECTION 3. Nothing in this grant shall be construed so a
to prevent Salt Lake City or its authorized agents, contractors,
persons or corporations to whom a franchise may have been or may
hereafter be granted from paving, severing, laying gas or water
I,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 track and the operation thereof.
khen Salt Lake City undertakes to place any utility wider said
track, the grantee shall at its own expense underpin and protect
its track while said utility is being placed under the track.
SECTION 4. The said grantee herein, its successors and
assigns, shall, and by the acceptance of the privileges and fran-
chises herein granted and In consideration of the same does bind
itself, its successors and assigns, upon its acceptance of this
franchise, to save the City harmless from all suits, claims, de-
mands 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 or
otherwise by reason of the 'ranting of this franchise or by reason
of the operation of said track, and that the grantee, its succes-
sors and assigns, will pay the amount of the judgment, determina-
tion or adjudication which in any suit or proceedings nay or shall
i
be found against Salt Lake City, and the said grantee, its succes-
sors and assigns, shall appear in and defend all actions brought
against Salt hake City for any Injury or damage by reason of the
j construction, operation, or maintenance of said track, provided,
however, that said grantee, its successors and assigns, shall have
!; had notice of any suits and an opportunity to appear and defend th
same.
j' SECTION 5. This franchise is granted for the period of
fifty (50) years from and after the date of the passage of this
' ordinance, provided, however, that if for a period of nine consecu
is
-4-
I
;tive months during the life of this franchise said track or any
;part thereof is not used for the purpose for which this franchise
is granted, or if there is a substantial abandonment of the use
of said track or any part thereof, this franchise shall be voidable
�!at the option of the Board of Commissioners, and if so ordered by
k!the Board of Commissioners, said track shall, within thirty (30)
ays after notice, be by said Grantee removed from the street and
f;
the street restored to a condition uniform with the balance of
said street with respect to grade, materials, and construction
to the satisfaction of the Corrm,is,sioner of:Streets and Public ler.-
provemez?ts. In t}3e event of failure, of said grantee to remove
said tr:aolt and to;Yesto're said >,mtreet ,upon said notice and within
thirty ,(3b) days *hereafter, the wok may be done by Salt Lake
1 City at the e*pense' of said grapee
'. SEOTTO.N•`!;6. Unless this' fib nohise,. and all the terms and
:conditions there'pil' shall be acceptl';:in writing by the grantee
(herein within thirty (30) days after this ordinance becomes effec-
Hive, and unless said track be constructed prior to January 1,
1950, then this ordinance shall be null and void.
SECTION 7. WE;rREAS, in the opinion of the Commission
an emergency exie s, this ordinance shall take effect immediately
; after publication.hereof. 1
Passed by the Board of Commissioners o1' Sa1t7Lake City,
Utah, this AV day of A. D.. 19t19. ;
�� j .'may �% ..%.•�"
Wneiu
City Recorder.
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AN ORDINANCE cost of said work, labor. and ma
AN ORDINANCE GRANTING TO terial.
TILE DRAGON SHORT LINE RAIL- lc) The said track shall be laid
ROAD COMPANY (Union Pacific and the road operated so s to
Railroad Company Lessee) a Fran- cau a '
¢ ary impediment
n chile to construct. operate and to the common and ordinary use of
aL
maintainstandard gauge rail- said street e upon which it is laid.
ad track over and upon South (d)Good and sufficient conduits
Tempi¢Street botwcen Nightie Rout to convey water hall be laid and
Street and Ninth West Street In Salt maintained good condition at the
Lake City Utah. expense of said Grantee In all
ll wa-
Ee it ordained by the Boars of ter ditches crossed by said track
Commissioners of Salt Lake City, as to admit of free passage of
tl t;h water.
SECTION i A franchise is hereby (e) Salt Lake City reserves the
giilt!Ctl to the Oregon :horn right to regulate and control the
Rai6ead Company (Union Pacific speed of all trains, engines aid
Ra::rn.:d Company,Lessee),its sac- c operated byby sthe C,ap ne, its
the
and pint, to r 'stdict.t successors
aforesaid. Neither upon
the en-
gador d maintain o ndn loon Vines shall be per-
Sou£ef15ranIs Greek over and upon milted to remain on Said track.
South Temple street between r et:n (f) If, In the replacement West Street and Ninth West ee-ter maintenance of said¢track Grantee
lScaine Lake City, Utah the c shall remove
Iine of a e rued brine more¢par- interfere ith the pavements manner
ticularlyena described enter walks curbs, gutters 0 waterways
Beginning operated t enter line f cs
the present hootmain track on said street,it hall replace such
I the Oregon Short e railroad other ma with the s such
In South Temple Street c75orner
feet r ion Board of r Commissioners and
Block N3 Plat'C',Salt a Lake City shall relace such sidewalks, curbs,
Survey, thence al track
the ce tee gutters and Cuis to i the satis-
ane f gpropoeed trnek along nth- faStreetson the Cmn intro elo f
of curve to the.2right hay- ands and Public Bn guttets
ee
u s n ramusy f 392.le feet for a and so waterwaysalot construct the will of 80.3 feet: thence and free
palrnget they a t1 ahe
rthe tangent to low the ion If said
i miss'tn the
said a north; deg_ on min, satisfaction .sot Commissioner.
thin grant
west 105 feet; thence left
the llSECTION 3.Nothing in this gple-
iagoP n i to the Jett hav- seat) cake Cid s s author-
lance hoe-
a of94.2 092-29 fenc a die- eat Saltn Lake t ac rs(ts iiof along
feet; thence a zed agents.pto whom
pfranc p
the existing along the tooter line nos oay0 have b t0 whom a eafter be
the nto track which nay have been o may hereafter be
tangent to said arc for a distance granted from paving,s ing,lay,
oP 360.5 feet west, to the east ing gas o water mainsr pipes,o
side of Ninth Weft Street. altering,repairinai or in any
The location of the ally center line r Improving said be but man-
The
of said track Is attached
print, with s lit improvements shallpracticablemade
in yellow pre the to a e rt of snth laic ,nanny oneyt,a
thiswhichordinance.Is hereby made a part o[ to eof. hen nd ak yaun-
this CTO thereof. When Salt Lake It icy u
SECTION e, During the term of saiddertakesra to, place any utility at its
this franchise,the assigns. shall.ies s wd track, the grantee sndll eo ict
antlowi snail be sub- expense underpin and isotbe-
Jeca) the following conditions, Id its]trace while said utility is be-
(al and
The o track oil if laid Ing placed under the Crack.
gran and Bird conform toet the e.a'.rlished SECTION, its4. The and granteesins,
grade of sa td streed and nglaidb shall, its s and assigns,
grade in ce afterward Board
fed by shall,and and
franchises
ra ehisest of the
ordinance of the Boertl of Coms privileges antl consideration
ofherein
misown expense.
a,the Granchange
shall, a its sa dd and In itself.its
successors
o[the
expense. ens oe the rn elevation same does bind Reels
of the track so ns to conform to the and assigns,e. t Its acceptance Clip
this essn to v theim Cie-
said) Whenever said street where harmless from all suits,whatsoever,
ee,
de-
said track I0 , resoelno shall be heth and judgments uty.which
paved, thenvetl,n ranteetl or - shall
In law d,in unity,when-
paired, then said s,shall its in alerted, found w or
and assigns,shall pave,re- againany it whatsoever,
tgeverai resurface or repair between against saidaid bCity tn for injury or
the rails and fhra pact of two feet damage sto abutting property or
each rail with the samelaggrant-
kindof of this d ncof or by reason
street, o with such other material of the operation of said successors
and
as may be approved by the Rpord that the grantee,its s and
Of Commissioners. assigns, l pay theta Blunt Ind-
the event said grantee shall r the judgment,which
in determination suit ad-
fail to pave. repave, y area
o proceedin which or nbe or
rehereir in requid red fore any
period of against,Salt
mayshall afound
against See, Lak ity, red the
(rd) daysCamen asperse from said grantee,its successors and as-
the the Board of Commissioners th s to signs, shall enngh In t against
defendSalt
to the pave,Crty epave, resurface rh or re-e nigh- alLakewctions City forbanygiinjn or damage
face air or area between and thee )ls or Granteeiagrees oration,o of the maintenance ofsaid
to reimburse the City fur then total track, provided, however, that said
56
grantee, its successors d assigns, to restore said street upon said
shall have had notice of any suits notice and within thirty (30) days
and pportunity to appear and ereafter, the work r be done
defend tile by Salt Lake City at may
expense
SECTION 5. This franchise is of said grantee.
granted for the period of fifty(50) SECTION 6.Unless this franchise
Years from and after the date of the d all the terms and conditions
passage oft this
ordin nce.reovided. thereof shall be accepted in writing
how r that e u the if for
d Brioo d gthof e by the grantee herein within thirty
ninebe-
life of this franchise aid track or (30) days after this ordinance said
effective, and unless nn-
any part thereof s t used the aricks be constructed to nance �.
granted for ifw the this franchise it 1, 1 011 v this ordinance )
granted,
nt tthes v e of
ftanordal shall ban 11 and void.
track o v part reof, �h1s SECTION 7.WHEREAS. In the
franchise any
be r tdable at the 'minion of the Oommlegile an
option 1 the eaard of Coimnlssion' ghallgtake effeotw men dlatelyln after
and If so aeeored by the Board publication hereof,
of s Commissionirsers, said track
shall, within thirty (30)days aft- Passed by the Board of Com-
er notice, be by said Grantee r missloners of Salt Lake Clty. Utah,
moved from the street and the this 15th day of September. A.D.
street restored to a condition 1949.
form with the balance of said EARL J. GLADE,
street with respect to grade, n Mayor,
terials, and construed nn to the IRMA P. BITNER,
satisfaction tisfaction f the Comes stoner City Recorder.
of Streets and Public Improvements. (SEAL)
In the event of failure of said BILL NO.56
grantee to remove said track and Published September 17, 1949.
56
Affidavit of Publication
STATE OF UTAH, 1
}as
Cayntty of Salt Lake J
,,yygg AN ORDINANCE g.
.4. DINKNYre,ORioR R-3MeKfo 1.ROAD
C hllroad Company Leases) Iran-
Chloe to construct, operate and
maintain a standard gouge rail- 'n
t' 11,,,,
ad track over and upon South D...1%e".ac.key
,Temple Street between Eighth West
Street and Ninth West Street in Salt.
Lake City, Being first duly sworn,deposes and says that he is the ad-
ae 1t rdained by the Hoard of
Commlasionexs oY Halt Laka Clty,
v SECTION 1.A franchise is hereby vertising clerk of THE DESERET NEWS,a newspaper
Qr Led to the Oregon Short Lune
Railroad Company (Union Paaefia published in Salt Lake City,Salt Lake County,in the State
Railroad Company,Lessee),Its uc-
csacra as assigns, to construct,
operate n °alntain a ed upon
gauge tempt d Sgreet over and upon of Utah.
Weat Street and Ninth Westt Street In
- Salt Lake City, Utah. the center
line of said track being more par-
tieniarly described as follows: That the advertisement
Beginning Or the canter line of
the
ehe Oregon operated
Short Line railroad main
If t
n South Temple Street 75 feet ordinance bill No 56
south of the. ithea corner of
lo with..57,Plat.C' Salt Lake City
liRevef propped track the the
c of sae to the right hav-
ing Salt Lake City Corporation
arc
a radiusy f 942.29 feet for a
dietance.of 80.3 feet; thence
continuing the tangent to
said arc orth 84 deg., 16 men.
are west of Oa curve o`the leftg hav-
ing
ing a radius f 942.29 feet a dis-
tance.of 94.2 2e{t; thence con-
tinning long She-center line of was published in said newspaper, in its issue dated, the
the existing tract which 14
tangent to ild t-de fgt.A.Aetanpa
ttfd4s3S(.Nl feet Wed,— tthe sad day of A. D. 19
• a The crel on ei the center Nu
on Scat 17 1 49
and was published
the last publication thereof being in the issue dated the
Isaid track is
graphically shown
n yellowuponthe attached print
which to hereby made part of I
this ordinance. day of A. D. 19
SECTION 2. the term of
this Isenenlae,e,the
e gr grantee.Its euc-
d r8ns, shall be a b- //./ �
feeet to the fallowing conditions, Is: G 4 et: f'f—�,
(a)The said track hall be laid - f''
•upon and mid street,
to the eatabllened / Advertising C
grade of con airse4 and a mid 77777
grade la afterward changed `by
a finance f the Hoard f Com- /.
mieeionerk the Grantee hall,at Its
of the own track.as to conform conform the `to tthe ion /
acid t) ack pie°cosaid
tt Ycted street
e
paved, paved, x urfaced r re-corn to before me this 20th day of
ealred, hen said Grantee.Its Mc-
ewers and assigenie shall Dave,t
ices`rafIs°and for ran pale between' A.D.19 49
r tilde f each ilpwith the°s me
kind of material used a sin
arse,or with h other material
,f Commissio be ner..
In py the Hoard
In the event said
e11 to pave, a grantee shell
pave, aeurtaea _.
ail t d aurepav ea - -
In required for a aperiod-of - - --- -'Andy ( ) days after natio. Notary Pit C'"
the Board.of shall so,,in
to. the City hair have„ or re:
pave, Dave, u, \
pair between the raga Yor saidaaesa -
Inetmbur s the Citr6i:11°,e otal
cost o1 said work,labor, and ma-
terial.
a-
(c)The said track hall be laid
and so as to
the
no ulrneoeaeary dImpedimeoe
to the common and ordinary use of
said street upon which It is laid.
to( Good conveywater shall lbet laid
-maintained 1n good Condition t the
xense f sold Grantee in it w
ter ditches crossed by said track
wales,to admit of free passage of I
1
Proof of Publication
OF
Attorney
tel east gqLake City shame
speed of rallul Scainnss,d eruic en ns
sooeeseooteatendb assiggnnaae 6Saeone th
gibe•trac, nor aforesaid.
•s Nshalli be
Per-
mitted to remain on said track.
(intenanceef thmild rSack Grantee
shall remove or 1n any manner
Interfere with the pavement,aside-
to saicurbs,et,gutters
or such
pavement with the Same orsuch
other material as shall be ordered
by the Board of Commisslonere and
shall replace such eidewalks,Curbs,
s ofdth waterways mleeioner satis-
factionof
Streets and Public Imp av e se.
d Shal so construct the gutters
and waterways thathge the of water to
they Will al-
. low the atisf free
satisfaction of said Commissioner.
SECTION 3.Nothingin this grant
shallnt be constrved Seit Lake City or Its to authore-
r-
ised agents,contractors,persons or
corporations to whom a rrancblse
ally have bean or may hereafter be
granted from paving,cowering,lay-
lalnterlog,ropairing or
10 Bns ony pipes,
man-
ner improving said street. but all
such improvements shall be de
with as little lnlury a prat/cabin
to-said track and the operation
thereof. When Salt Lake City un-
dertakes t place any utility
undert gran
Ito expense while saidm d psotbe-
i traces said utilitykL be-
ing placed O under the track.
SECTION 4.ccesso said grantee
hershall, te tees and assigns,
shall,and by the acceptancenchieof thn
granted Bad In consideration o herein
same does bind itself,its successors
and assigns.upon its acceptance of
this franchise, to save the City
marmlese from all suits,claims.de-
ade and judgments whatsoever,
whether in law in equity,which
hall be cesettef, found or
agenetnnaldy City for Solaryy or,
damage to abutting y perty r
otherwise by reason of the grant-i
lag of this franchise or by
of the operation of said track,and li
that the gantee,its u re c and
assigns, will pay the c amount of
5g1�u dgment,determination ad-
q+tab$'Which rn ur uit
?osbgtkke may c hall be frond
last aft Lake Cst, and the
Q Lappe,Its successors d a
e altltet brought agaianstsalt
Lake City for any Inthe jury or damage
ebyrationon r of
umaintenance Ctofn said
track,provided,however,that said
grantee,its aeeeseors and assigns,
shall• an have had
ate of
fppear ante
defend the same. a a
SECTION 6. This franchise 1s
granted for the period of fifty(60)
yeare from and after the date of the
nnpangs of tale ordinance,periodprovided.
iOWeVeaam6 Pont a!months du the
llle of this franchise said track r
y part thereof I used for the
granted,for if there thiss a is
abandonment of the use of said
track or any part thereof. this
franchise shall be voidable at the
option of the Board of Commiesnon-
of Commissionereere b calf Btrack
d
shall,within thirty (30) days aft-
er be by said Grantee re-
smoved from the etreet and the
treet restored to a condition uni-
form with the balance of said
ma-
terials,with
respect
grade.
the
satisfaction of the Commissioner
of Streets and Public Improvements.
In the event of failure of Bald
to.ntetore aid vstreet upon said
tt notice and within tlairmf(30)days
hereafter, the work y be done
py Salt Lake City at the expense
of eall^1447.811 ates. yy
and the gterrn.and Yconadiitiofns
thereof shall he accepted Ia writing
by the grantee herein within thirty
sseftiethis e uleeBaicoaefecv, and union said be constructed Deior to Janu-
ary 1 1 , then this erdmaase
,lull be Dull and veld.
SECTION 7.WHEREAS, in the
opinion fgjets, Rslamia ndjaapee
shall take affect tmmediately after
publication hereof.
PIeced by the Board of ppow-
misstonars of Salt Lake)City.•Oteh,
this 13th day of September.A.D.:,
1949. EARL J.GLADE.
Mayer.'
IRMA P.CBNEH.,
City Recorder.
!SEAL)
BILL NO. 6
Published September 17, laeg.
�6