61 of 1946 - Franchise for Granting to Bamberger Railroad Company as assignee of the Salt Lake and Utah Railroad KULL GALL
<VOTING AYE NAY Sept. 3d 6
Salt Lake City, Utah, , 194
Affleck
I move that the ordinance be passed.
Matheson
Romney
Tedesco
Mr.Chairman , , ,
AN ORDINANCE
Result
An ordinance granting to Bamberger Railroad Company as
assignee of the Salt Lake & Utah Railroad Corporation, its suc-
cessors and assigns, a franchise and right of way to construct,
maintain, and operate a single spur track running from North to
South across Fayette Avenue approximately 214 ft. east of the center
line of West Temple Street in Salt Lake City, Utah.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. A franchise is hereby granted and given to
Bamberger Railroad Company, a corporation existing under and by
virtue of the laws of the State of Utah, as assignee of the Salt
.Lake & Utah Railroad Corporation, its successors and assigns, to
construct, maintain, and operate a single spur track running from
North to South across Fayette Avenue approximately 214 ft. east of
the center line of West Temple Street in Salt Lake City, Utah.
SECTION 2. During the term of this franchise, the Grantee,
its successors and assigns, shall be subject to the following con-
ditions, viz.:
(a) That said spur shall be laid upon and conform to the
established grade of said street, and if said grade is afterward
changed by ordinance of the Board of 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, repaved, resurfaces or repaired, then said Grantee,
its successors and assigns, shall pave, repave, resurface or repair
between the rails and for a space of two feet outside of each rail
.
with the same kind of material used on said street, or with such
other material as may be approved by the Board of Commissioners.
In the event said Grantee shall fail to pave, repave,
resurface, or repair and surface any area as herein required for a
period of thirty (30) days after notice from the Board of Commissi+es
so to do, the City shall have the right to pave, repave, resurface
or repair between the rails or said surface or area and the Grantee
agrees to reimburse the City for the total cost of said work, labor
and material.
(c) The said spur track shall be laid, and the road op-
erated 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 conduits to convey water shall e
laid and maintained in good condition at the expense of said Grant e
in all water ditches crossed by said spur 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, en .fines and cars operated by the
Grantee, its successors and assigns, upon the spur track aforesaid.
Neither the engines nor cars shall be permitted to stand on said
spur track on Fayette Avenue.
(f) That if, in putting in said spur track, said Grante
shall remove or in any manner interfere with the pavement sidewalk,
curbs, gutters or waterways on said street, it shall replace such
pavement with the same or such other material as shall be ordered
by the Board of Commissioners and shall replace such sidewalks,
curbs, gutters and waterways to the satisfaction of the Commission r
of Streets and Public Improvements and shall so construct the gutt rs
and waterways that they will allow the free passage of water to the
satisfaction of said Commissioner.
SECTION 3. Nothing Tn this grant shall be construed so
as 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
-3-
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 spur track and the operation thereof.
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, demand
and judgments whatsoever, whether in law or in equity, which shall
.e asserted, found or rendered in any manner whatsoever, against
said City for injury or damage to abutting property or otherwise by
reason of the granting of this franchise, or by reason of the
operation of said spur track, and that the Grantee, its successors
and assigns will pay the amount of the judgment, determination or
.djudication which in any suit or proceedings may or shall be found
against Salt Lake City, and the said Grantee, its successors and
assigns shall appear in and defend all actions brought against Salt
ake City, for any injury or damage by reason of the construction,
peration, or maintenance of said spur track, provided, however, th t
said Grantee, its successors and assigns, shall have had notice of
.ny suits and an opportunity to appear and defend the same.
SECTION 5. This franchise is granted for the period
expiring on the first day of January, A. D. 1975; provided, however,
hat if for a period of nine consecutive months during the life of
his franchise said track or any part thereof is not used for the
i.urpose for which this franchise is granted, or if there is a
ubstantial abandonment of the use of said track or any part ther.eo ,
his franchise shall be voidable at the option of the Board of 1
ommissioners, and if so ordered by the Board of Commissioners, sai
rack shall, within thirty days after notice, be by said Grantee
removed from the street, and the street restored to a condition
niform with the balance of said street witl.. respect to grade,
aterials, and construction to the satisfaction of the Com .issioner
.f Streets and Public Improvements. In the event of faiiiire of
-4-
1
said Grantee to remove said track and to restore said street upon
said notice and within thirty days thereafter, the work may be done!
by Salt Lake City at the expense of said Grantee.
SECTION 6. Unless this franchise and all the terms and !
conditions thereof shall be accepted in writing by the Grantee
herein within thirty (30) days after this ordinance becomes effective,
i
and unless said track be constructed within one (1) year from the
effective date thereof, then this ordinance shall be null and void.!
I
SECTION 7. Whereas in,the opinion of the Commission an 1
emergency exists, this Ordinance shall take effeet immediately after
publication hereof.
Passed by the-Mgard of Commissioners 9f L ke City,
iUtah, Sept. 3d '• ; 19�46;
o ti yor
City Recorder
Bill No. 1 G I
Published /11'I. � , 19 7
lid€.
Granting to Bamberger R.R.
franchise track across
Fayette Ave., E,of 4est T.
(assignee of S.L. & Ut.R.R.)
•
•
•
Presented to the Beard oiCommissioners
AND PASSED
S EP3-i 46
CtrY RECORDER
•
•
Affidavit of Publication
STATE OF UTAH, 1
} as
County of Salt Lake
D M Ockey
' eg�l Notices
• AN ORDINANCE
-
ordinance granting to sB°m- Being first duly sworn,deposes and says that he is the ad-
Berger Railroad'Cempang
rose f the Salt Lake.&a Utah
abroad Corporation, tar e i s vertising clerk of THE DESERET NEWS, a newspaper
Audi assign., franchise and rit
aper`e ao 1singlear spur tracks running
and
Don Nort oSouth across Faye&a published in Salt Lake City,Salt Lake County,in the State
Avenue approximately 214 It, east
f the center line of West Temple
'Street in Salt Lake City, Utah. of Utah.
Be it ordained by the Board of
Commissioners of Salt Lake City, 1
U SECTION 1. A franchise is here-
by granted and given to Bemberter That the advertisement
• Railroad C°mna"y, roleorauon
:Misting der nd by virtue of Ordinance Bill No 61
the lave bi the Stale of Utah, as
-
tlp gpee of the Salt Lake & Utah
:Railroad(mime,.
Corporation, its a casein,
and operate;.to single
rack run,
and operate a;qle spur track[an- Salt Lake City Corporation
ins from North to South rer214
F yeas¢ a aDProl line Y est
It.eeast St the center lina of West
Utah. Street in Salt Lake City,
SE V
SECTION 2. During the terse
this the Grantee,Its me-
meson.and ai lt shall enb-
eu- the etowlng conditions, was published in said newspaper, in its issue dated, the
(at-That said spur shall be laid
W -:mrt-='¢antdrte to the'ram bi
i eked aded¢ of ems =real, A.D. 19
ordinance grade f e Board changedCom by day of
sideers, 2 the Boats of Cmt is
era the Grantee hell' at its September 7 1946
pn e-pence, change c form to and was published
of the track e° as to conform to
he e mha,
(b). -Whatever said attest where
eat ,nark v constructed shall be
paves, epa,°¢d, r nrfa¢¢d - __.the last publication thereof being in the issue dated the
paired, then said Grantee, its bve-
• cemsors and assigns,shall pave,re-
pave,= nrface or repair between day of /. A.D.2:-.
the mile and for space f two .
feet utfid o1,each rail of
the'
game kind of material red on said
street, or with such other material
maybe approved by the Board �'l —•�7-�
°f Commissioners.
1e °said Grantee shall'
.faln the event,fat,
to pave, repave, resurface, or Advertising Clerk
-repair and surface any area
as here-
. In required for a period ofthirty
120) days alter notice,from the
Board of Commissioners so to do,
the City shall have the right to
repave.r surface repair be
tween a the rails a sera ertan, o
to -and the Grantee agrees to et
''im stare the
rkCity
laborfar the toter met
9th day
bb before me this
laid, d the mid ad pperated so b0
to n n ten Peary so as
meat mime the°co" and ordinary ..
Use
A. D. I y_46.
et said street upon which it is
i.
(d) Good and on
sufficient dune
n
convey water semi it laid and
• le condition at the
maintained 1n good � /yr
&Isla a crossed
seed Grantee In allair taMr
ck
dltchef cr admi by free tDur track
eo ae'to admit o1 free peerage 01
were[, Notary lic
() Salt Lake City x control
the
right ed of all
trlateiune end es and cars
are
`operated by the°Granttee¢Bits enema-
.
and assigns, upon the spire
(( qqq track aforesaid.. Neither thy en-
gines rOr care shall be permitted
to stand on said spur tract on Fey-
' ette Avenue.
spur Mack,•That amid 1 Grnte putting in hall°re
• [ In any manner interfere
with▪ °the pavement sidewalk,curbs,
gutters or aterways on said street,
it shall replace such pavement with
the saine
or
such other material
as Shall be ordered by the Board
of Commissioners
and shall replace
▪ fidewalke orbs, gutters and
waterways to the satisfaction of the
Cemmieeioner of Streets and Public
Imam 9qe _ d shall eo construes
l 'gal f.d lee Peel pathat Obey
AI4I allhue i free Daasa oi.water
In'tb"9!aattsfsntion of said commie.
•steno, •
. '
i 1 !'
��
SECTION 3. 'Nothing in this
rant Well be conetrated at as to
ppr�event:Bolt.Lake City or its a
tbdrlsed agents,contractors,persona
or corporations to whom a franchise
nhxv been.or ma➢hereafter be
tad front paving.9ewerieg,lay.I
altering,
o water m r pmpce,
tier improving
repairing, pr instre any
itc 1m prove said street, but D
IW\CT Improvemenla Bltall he mode
Wit$'des spur
tr tc praeeeation
to aid spur track and the operation
enSECt:
SECTION 4. The sold Grantee
herein, its a and aeaigna,
erivil and.bails aanchiorea of the
privileges a and franchises itie frthe
same, and Inc consideration of me
does bind npoo i, its sneers.
earand ranassigns.is open lie acceptance
mi a Steam nil to e, theio'
te
of
judgment.all entte,claims,er.
aeth andwr wcity,which
sr.
whether be in law asserted, n dnoity, dered
shall be nerhound o rendered
Laid any manner wha'sorvda against
kn cagy forproperty
injury'or demise to
abutting o phe r granting otherwise bY
-
reason of the asof of this atin-
chioa,or c r track, the thatatthe
or sale-its eurss and that the
Grantee,a ith a and amigos
will pay the nit note of the anion
whit,determinationansui or adjudication
may inal salt or proceedingsis
Lay orshall foundes id against Salt
Lake CfIY. and the said Grantee.
its gainCBep dd-nd al aTact on-
-Pear inand st Salts all te.fos
any injury
reamed Salt be
City,for
any nasleo or da mega in reasonm of
the construction.oftcsaid, puratiac,or
ed, hce of said spur track, e provid-
ed, however.that said Grantee, its
had notice
and assigns. and
have
Tad notice of a suits and anton-
he
mime.ity to appear and seren the
some.
SECTION for
B.to Trio ld p expiring g fa
thentfirsta dayhaofe January, A. D.
1976:provided,however,that if for
i period of nine
consecutive
Montle during the life of tkia fran-
chise said track or any part there-
of is not used for the ourpoae for
which this franchise m granted,o
if there le a substantial abandon'
meat of the nee of aaid•track or
y part thereof, -this franchise
shall be voidable at the option.of
the Board of Commissioners, and
if so ordered by the Board of Com•
mice aid track shall, within
thirty days after notice,.be by said
Grantee removed from the street,
and the street restored to a omli-
tion uniform with the balance of
said street with respect to grade.
Materials, and construction' to the
satisfaction of the Commissioner of
Streets and Public Improvements.
In the event of failure of said
Grantee to remove said track and
to restore said street upon said no i
tic. and within thirty days therm
fter, the work may be done be
- Salt Lake City at the enoenee o1
add Grantee.
SECTION e. unless this fraachlee
and ell the 'Grata and conditiene
thereof shall be accepted in welt.
Ina by the Creates herein within
thirty_(39)dare after thin ordiance
eihnesaid• becomes
ack De onriedwtione )Year Wool
• of,,then thish e effective.
nedihaacashalt there,e be null
sad void.
SECTION 7. Whereas In the tote'
. tea of the Comatlseion an
• take effect ordinance this immediately after amen
b
heathen hereof.
Passed by the Board f.Commie
aa tenors of Sett Lake City, Utah,
Kept.Id,194e.
EAB.A I..BIaAPFy_
IPI B er.
�91 .O!u.AepgtfSiR
b N4 ei
Tliebad Sootambeev tau