58 of 1955 - Granting to Denver & Rio Grande Western Railroad Company its successors and assigns, a franchise a 6)-1'
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VOTING AYE NAY 16,August 1955
Salt Lake City, Utah, ,40(
ldge' 7
Xtiiiikt,nPe.n /---- I move that the ordinance be passed.
Nicholes
liThallMay /
Romney ira .--i///' C.\<...6.... ., •,. 1.0.1"01,1.1.0.....*--6...--
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Mr.Chairman . . . /. -...,/
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Result
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ODD1B ANCE
AN 01tD1NAACE :RANTLRG TO THE DENVER AND RIO GRAiIDE WESTERN
RAILROAD COIIPANY, ITS SUCCESSORS. AID ASSIGNS, ME RIGHT TO
CONSTRUCT, OFSf2AU AND PiAIATAIN TWO STANDARD GAUGE RAILROAD SPUR
TRACKS OVER AND ACROSS SIXTH WEST STREET, SOLTP ICEUi'R SOU H
STREET, IN SALT AA rs CI'I Y,UTAH.
SE IT ORDAINED BY THE HOARD 01' COMol5S1OinDIS 0i_ SALT LAKE
o CITY, UPAF:
o
Section 1. A franchise and. right of way is hereby granted
W o o , to The Denver and Rio Grande Western Railroad Company, its
F--1 successors and assigns, to construct, operate and maintain two
standard gauge railroad spur tracks over and across Sixth. West
• t Street, south of Ninth South Street, in Salt Lake City, Utah,
ro• the center lines of said spur tracks being more particularly
a,as described as follows:
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� � Beginning in the west line of Lot 10, Block 25, 5 Acre
CZ1 0tr. Plat A, Silt Lake City, 570.5 feet south from the North-
• � west corner of said Glock 25, the point of beginnings being
H as in the .,last line of Sixth West Street; thence Westerly on
E-+ N a curve to the left with radius of 21o0.L 9 feet, 24.15
o c\J feet, the tangent to said curve at the Last line of Sixth
o • I--. West Street bearine South 89 degrees 05 minutes West;
la; to• . thence South 62 degrees 20 minutes West, 40 feet; thence
U continuing Westerly on a curve to the right with radius
of 240.49 feet, 2.5 feet more or less to the West line of
a • Sixth West Street.
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p;+, Also a standard gauge spur track relocation beginning in
Pthe West line of Lot 11, Block 25, 5 Acre Plat A about 'I
t�3 135 feet south from the Northwest Corner of said Block 25,
• the point of beginning being in the East line of Sixth
E1 +, West Street; thence West over and across Sixth West Street •
asN 66 feet more or less to the West line of Sixth Yost Street,
as
0 0 the aforesaid track being; a relocation of a spur track now
crossing over Sixth West Street from a point in the East
Q line of Sixth West Street located about 190 feet south
from the Northwest corner of Block 25, 5 Acre Plat A and h
extendin, approximately North 66 degrees West about 71
feet to the West line of Sixth West Street.
The location of the center lines of said tracks at proposed
crossings over Sixth West Street being shown in yellow on
the attached prints.
Section 2. During the term of this franchise the grantee
shall be subject to the following conditions:
(a.) That said tracks shall be laid upon and conform to
the grade of said street and snail at all times be main-
tained 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.
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(b) Whenever said street where said tracks are 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 Sormn.issi_oners.
(c) Said tracks shall be laid and the road operated so as
to cause no unnecessary impediment to the common ann ordin-
ary use of said street upon which it is laid.
(d) Salt Lake City reserves the right to regulate and con-
trol the speed of all trains, engines and cars operated by
the grantee, its successors and assigns, upon said tracks.
(e) If, in putting in said tracks, said grantee shall
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remove or in any manner interfere with the pavement, side-
walks, curbs or gutters on said street, it shall replace
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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 guthers that they will allow the free passage
of water a.nd be to the satisfaction of said Board of
Commissioners.
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(l) Said gr.antoc shall put in and maintain such crossings
over saidtracks as shall from time to time be required by
said board of Commissioners.
(g) Good and sufficient conduits to convoy water shall be '
laid and maintained in good condition at the expense of
said grantee in all water ditches crossed by said tracks so
as to admit the free passage of water.
Section. 3. Nothing in this grant shall be so construed as
to prevent Salt Lame City or its authorized agents, or contractors, _
or persons or corporations to whom a franchise may nave boon or
may hereafter be granted, from paving, seworing, laying, gas or
water mains, pipes or conduits, altering, repairing, or in any
manner improving said street.
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Section 1_.. Said grantee 'herein_, its successors and assigns, '
• shall and by the acceptance of the privileges and francnioe 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 tracks and that
;,he grantee herein, its successors ant, assi.,us, will pay the
amount of any judgment, determination or adjudication which in
any suit or proceeding may be or shall be fauna against said Salt '
:Lake City; provided, however, that said grantee, its successors
land assigns, shall have had notice of any suit suits and an oppor-
tunity to appear and defend the same; and said grantee, its
successors and assigns, snail 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 tracks. ,
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 nino (9) consecutive
months during the life of this franchise said spur tracks are
; not used for the purposes for which this franchise is granted, '
or if there is a substactial abandonment of the use of said spur
tracks for said purposes, said franchise shall be voidable at the
option of said Board of Conaai;siopers;(gand if so ordered by said
Board of Commissioners,)said tracks shall within thirty (30) days
thereafter be removed ataq the street restored to a condition
runiform with ire bal.arg,maof said street with respect to :grade,
' ms.terials andpconstruction and to the satisfaction of said 13oard
of,Commissioners. In the; event of theIfo.ilure of said grantee
to remove said 'haelss anil restore said' street, upon such action
land within a d- ahi'rtg (do) days, the Slid work may be done by
i Salt Lake CLty at the e:C ePise of the ararstee.
yi Section, } 1Jnlsg this grant and all the terms and con-
ditions therohall. bl.tiad.cepted in writing by the .grantee heroin
';within thirty '( f) daYaqeper the taking; effect of this ordinance,
and unless sud,11 cracks bt- constructed within one (1) year Leers
the date of subh passe s `then this ordinance'shall be null and
'void.
Section 7. In the opinion of said Board of Commissioners,
4 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 publi-
cation.
Passed by the Board of Commissi n of .t Lake City,
Utah, this 16th day of August , 195 5
i4YOR
C:C'J.'Y liECOtn)Eit -- -
Bill No. 5$ ( S E A L )
Published August 18th, 1955
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FORM NO.ADM 35A
Proof of 1ubtiratian
United Otani of.America
COUNTY OF SALT LAKE ) ss.
STATE OF UTAH JI
e4c'-
D. M. Ockey
being first duly sworn, deposes and says, that he is the Principal Clerk of
. the DESERET NEWS SALT LAKE TELEGRAM, a newspaper published in
Salt Lake City,Salt Lake County,State of Utah.
That the Notice._.by-.the..Board,_of...C-oramissianers_of__..____.-.-
Salt Lake City of An Ordinance passed granting
a right-of-way to D & R G Western RR Co.
of which a copy is hereto attached, was first published in said newspaper in its
issue dated the I$th
day of August 19 55
and was published in each daily issue of said newspaper,on
for
thereafter,the full period of one time
the last publication thereof
being in the issue dated the filth day of
•
August ,A.D.19__55.
O
Subscribed and sworn to before me this 19th day of/
August ,A.D. 19 5.5..
Notary Public.
My commission expires Nov 25 1957
Advertising fee $
<_)8
ORDINANCE
AN ORDINANCE GRANTING TO'
TIIE DEN VEA AND RIO GRANDE
WESTERN RAILROAD COMPANY,ITS in maintain h e R P t nd'
S ESSORS AND ASSIGNS. THEg d,
' ft TO CONSTRUCT, OPERATE tracks
shall f t' t or to
• �� d b 'd Board of Co
A AINTATN ': STANDARDto
GV�$l RAILROAD ,PVA TRACKS ,none,,,,
OVERE AND ACROp' gINMTHTH-WEST convey
o water
and sufficient 1etoconduits to
STREET, SOUTH•LAKElatheand CITY,UTAH. pdslse i Rood ranteepn at the�,t r
BE.IT ORDAINED BY THE BOARD air of sand grantee i all water
tCI COMMISSIONERS OF SALT LAKE diteha crossed a said tracks so as
CITY, UTAH: t9 omit Hoe fine passage a water.
Section I. A franchise and right of Section 3.Nothingedast in thisgrant shall
Woy s hereby granted to The Denver be so construed.o to prevent Salt coke
and Rio Grande Western•Railroad Com. City or its authorized ra ants, o
tractors,ogave been
au[
to whom franchise si or corporations
have been
s�struvls operate rors ailroad
maintain tracks w hereafter be granted,from paving,'
s re n gauge lothd tracks Ong, laving gar err water mains,eye and across Sixth spur
Street,n pip ens or conduits, altering, r'rpard eet south f Ninth South Sheet' S$lf
Lake
1Sx City,
straeks be being more
er lines particularly o+Secti in on 14. Said anner me grantee hen ein, Its
n.3bsgrited as follows: a tnreo acceptance of and sv�the privilegesil and Beginning in the west line nl Lot _ n
10'Block 25,5.Acre Plat A,.Salt Lance franchise boor:,, granted and in co-
•-ciSc'570,5 feet south from the north- iderat,nn of the same,'dons hereon'',
cornerwext t 'd Block 25 the hind inn elf. -t. l
It Paint f,beginning being thet to save id PC_ ' harmless r ily franchise.sll line. f.Sixth West Street; thence
t l -o to the left with whatsoever, whether d and wlodgments,a
.S'arh f 290.49ufeet,2415[ t-the 'l ]'h Shall lac asserted. F nered in any manner r11
tangent l d t the e t t-r c
(Sixth West Street b south d9 against d City£ 1 damage.I degrees 09 minute.s west: thence
'South 82 d 20 t t 40 toabuttingt. 1 v-Test
feat,thence ticontinuing tight westerly
lfus of f this rf franchise.or by oy reason reason ur rho granting
fth
an curve
Inch.2,6 feet withi ,,radius'to construction orration of said tracks:
• more ad that the grantee heroin, its s t west_line of Sixth West Street. u
• :.Al standard g spur frock and JAL
s a li nay the are ad
relocation beginning the '¢t'i:oi line
F lnasmant„Jetermnpatlon n as
of Lot 35Lf Block u L5,from the Inert,iet dl a pbe hoot shall,,be uSoundp against
• eat.-c r art ofet saki Block the dire said:Salt Laken City;provided,however
.west—corner
'linint•of.beginning rbeina in east. that said all have
is successors and
-line pf Sixth West..Street; thence' gor, shall have had ,,lenity t any
St5t:over and across Sixth .West sear Its and a opportunity so to
reet-66'feet,more or less t0.:the and defend ore Ps a and .on.s
west.line,of.Sixth West Street{'^the rants e,its successors and assigns,shag
aforesaid track being a relocation £ against
appear d defend all orions�b iniury
split track now crossing over.Sixth a5a ins, gSent Lake City for a ion.
West Street from arpo't in sthe-east ,damage by reasonmaintenance of the construe.
:line of Sixth West Street located or
ration o said
• 190 feet south from the p th- tracks,
west corner f Block 25,6-Acre Plat Section 5..This franchise is granted
A d extending pnroxlmatcly north for the period 01 ge (this
years from
-66 degrees t bout 71 feet to the r 1 after the ever.t t thin a ordinance;
west line [Sixth West Street. provided,d,however,that it for a ailed
The location of the center]toes a[ f ni re(o) consecutive months during
' id tracks at Street
proposed crossingsin a the life f tcs franchise said spur]
Sixth West Street being own over
tracks a is fusedranchise
for the purposes,¢llnw on the attached Prints. for he t this asubstantial
is granted,norl
t
"Section 2 During the term of this f there i a slidstaur abandonment
t
franchise the grantee shall be sublect ,pu the erasaP said spur tracks Incor void.
to the following conditions: able et the�doptionc of sand Board of
oitlf
(a)Thal said tracks shall be laid Commissioners; and It so ordered by
and conform to the grade E said Board of ,,Commissioners'. said
',I slaidP tree,and shall at all emotes be tracks shall within thirty (30) days
street
y the aid street,to torn thereafter be removed and the street
to the grade f Said treat, and £ restored to a condition uniform with
Tin said grade afterward hanged by the balance o said street with r� o tlin ere of the Board of City Com- to grade, materials and ,ascent
missloners. the ranter hall, at its a often
ors 00 the elevation, and to the satisfaction of construction
own
the track,s as to'conform to the of Commissioners.In the event of the
sa failure of said grantee to rem va said
(b)Whenever said street where said 1, lochtracks and restore said treat, upon'
tracks area nstructed shall be paved, such action and within said thirty 30)
resurfaced o repaired, the asaid days, the said work may be done by
grantee, its os arse and assigns, Salt Lake City,at the expense of the
.shall p resurface so r bet antee,
u psi
-tweeI the rails and for i space f the terms
6. Unless this grant and all
• two(2)feet outside of each crag with the and conditions thereof shall]
the same kind of material used on be accented in writing by the grantee
the said street, or with such other herein within thirty l301 days after the
material as may be approved by the taking effect of this ordinance, and
Board of Commissioners.and all lies unless h tacks be constructed with
.shall be laid upon o co rete base one sr year y r from the date f such
a
of such thickness shall be directed n sage Shay ord
inance dinance shall bet
by m 1 Bem'd f Commissioners. null and void
le) Said tracks shall be laid end Section 7. In the a of said'
the road operated so as to e nn Board of C t rs tnecessary
unnecessary impediment le the s eon Ito the peace,health n 1 safety of the
mon and ordinary
of said street habitants f Salt LakeCit. Utah,
IMOn which it is laid, drat this Ordinance begone effective
OD Salt Lake City reserves the.' innmediatelv.
right no regulatel eon.ol the, , Section 0. Thisshall tend
speed f ll the
.1 d -s I effect. p publication.
o perated 4 th t c s- 1Passed b f Board t C ,Issi
1 Id tracks.se - f al Lake City, in b,this 16th
sole)If, nutting n slid track said d of August,19.. I
grantee
• interfere remove withthe p anyEARL r,side- Mayor GLADE ]
walks, curbs o gutters o said street, IRRtA F.RITNER
it shall replace s n h pvmentte ilal (SEAL)
as shall be
Cli.v Recorder
en with such other
ordered by said Board of ri11 No. 58 IA.,161
Commissioners and shell replace eh Published August 16, 1951
Cdo walks and such curbs and gutters
o the aU000 aind 00 said Bard at
uct
gutters is and shall s Incthe gutters that they will allowe the
sari a .sage of water and be to the
infix iohnfr n of said Board_ of C.om-
,