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62 of 1954 - Granting to the Oregon Short Line Railroad Company its successors and assigns, a franchise and the r 1,.10»500 3.52 . _ .. .. Y. .. C`l �� s 101c- i . ROLL CALL / Salt Lake City,Utah, 195......_. VOTING 1 Aye Nay I move that the ordinance be passed. Burbidge . . . Gr Christensen . . . .. c es, ---_- �., e t.jtlk Romney . . . . .. Mr.Chairman I /" AN ORDINANCE ( 1 (ORDI VOID - SEE BILL NO. 69 of 1954) Result / AN ORDINANCE GRANTING TO THE OREGON SHORT LINE RAILROAD COMPANY (UNION PACIFIC RAILROAD COMPANY, LESSEE), ITS SUCCESSORS AND ASSIGNS, THE n° RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR rx too r4 TRACK IN, ALONG AND ACROSS THE WEST HALF OF THIRD WEST STREET, EXTENDING e OH o NORTHWESTERLY IN A CURVE A DISTANCE OF 124 FEET IN AN AREA LOCATED BEi. --o • TWEEN FIFTH AND SIXTH SOUTH STREETS, ALL IN SALT LAKE CITY, SALT LAKE tom w w o COUNTY, STATE OF UTAH, to o BE IT ORDAINED BY THE MAYOR AND BOARD OF CITY COMMISSIONERS - d O OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Ho 0 z CD d Section 1. That the Oregon Short LAne Railroad Company, o •H 0 / �y air Union Pacific Railroad Company, essee), its successors and assigns, be, z NPO 1-7P and the same is hereby granted t e right o construct, operate and - H Vi sz ., d CD o,�c maintain a standard gauge railr ad spur track in, along and across the �'3 H west half of Third West Street, extend ng northwesterly in a curve a V-i v. H O 'N , distance of 124 feet in said st eet, 'n an area located between Fifth i 0 o and Sixth South Streets, all in Sal Lake City, Salt Lake County, State G G Po of Utah, the location of said s r track where it is proposed to be con- o x Ada structed in, along and across the west half of Third West Street, the c) description of the center line of said spur track being as follows: to Beginning at the point of switch of proposed spur tracks which is 5.0 feet west and 158.2 feet north of the Monument . tri at the intersection of 3rd West and 6th South Streets; H thence along the arc of a curve to the left, having a radius of 518.66 feet, a distance of 55.7 feet; thence along the , arc of a curve to the left, having a radius of 193.85 feet, o a distance of 124.0 feet, more or less, to a point in the west line of 3rd West Street. .o The location of the center line of said track is graphically H shown in yellow upon the attached print, which is hereby made'a part of r this ordinance. Section 2. During the term of this franchise the grantee shall be subject to the following conditions: 62 (ORDINANCE NULL & VOID * ERROR IN DRSCRTPTTnnT PODT fmmn ,,.. RTTT JA.,-. „ - -_. . _2_ (a) That said track shall be laid upon and conform 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 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 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 satis- faction 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 as shall from time to time be required by said Board of Com- missioners. (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 free passage of water. so Section 3. Nothing in this grant shall be/construed as to -3- prevent Salt Lake City or its authorized agents, or contractors, or persons or corporati-ons 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 street. Section 4. Said grantee herein, its successors and assigns, 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 the 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 whatsoever against said City for injury or damages 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 - track and that the grantee herein, its successors and assigns, will pay the amount of any judgment, determination or adjudication 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, ioperation or maintenance of said track. 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 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 said Board of Commissioners; and if so ordered by said Board of Commissioners, said track shall within thirty (30) days there- after be 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 -4- of the failure of said grantee to remove said track and restore said street upon such order and within said thirty (30) days, the said work may be done by Salt Lake City at the expense of the grantee. Section b. 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 constructed within one year from the date of such passage, then this or_-dinance 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 City, Utah, that this ordinance become effective immediately. Section d. This ordinance shall take effect upon its publica- tion. Passed by the Board,of.Cpmmissioners of Salt Lake City, Utah • this 29th day of September, 19549,7/7 '1 C(tSyy Recorder ) Bill No. 6 / / Published _ October 2, 1954 / / ,7 III � 16s /� ; s J lit.ASE CO ,� /, 1 PURITY O o. Z. I .., m BISCUIT CO. I^ O >. s' V w } jt9� i gl I F 7 vl _ I4` �� N NI , Y. ^ I z 1-- 2 I F _ • °'' ®b m4 i. % tpol aO 1,,.../R Gr ay / 3 ' 7 Y 1 Z a ' 9°� 1 %�;- � is w r' t t/'; ', -:/',%k/, I\ \ ' / i'• • on / . ' try j ° K/ I " °0 f i - //mf � -'''4 \ '9 1 % %41:2,/".1„,;,4 , \ \\ o N / j' \%AI 5,1 1 \ ``\\ 1. �.. `, y I a ".it r xrv_ilit,y,,.U.tai ._. -- To n.✓y' Ro 7, 3 /1' 5T .5T r r ne1ii e: 1'ruv, ,<llti gp� 21' °' I.Zi City Corporation to Cover 1 v, a it Ck at >r1 ©mot & I Y� i'% th a ett streets. F ,r Y ti1 j' /,,,I'a1e: 1" .10ot ... v�.1{1 4 " GI ` sill LI1iI fT° zi s _ �:� I / A RFN a9 p all--�'� .. .. .. « ,.r411OW p T ` // �' /// Z;AL YARII _..... • Woof of fruhtiration Ettittd Otatts of Amgrira COUNTY OF SALT LAKE ss. STATE OF UTAH AN ORDINANCE AN ORDINANCE GRANTING TO THE OREGGON SHORT LINE RAILROAD J;s COMPANY,(UNION PACIFIC RAIL. ROAD COMPANY,LESSEE),ITS SUC- CESSORS AND ASSIGNS,THE RIGHT TO CONSTRUCT. OPERATE AND beingfirst dulysworn, deposes and says, that he is the Principal Clerk of RAILROAD SPURAIN A S TRADC�P(.N,ALONG p AND ACROSS THE WE`.lY HALF OF THIRD WEST STREET,'EXTENDING DISTANCE((F 124 FFETIN CURVE vnitsA the DESERET NEWS SALT LAKE TELEGRAM, a newspaper published in LOCATED BETWEEN FIFTH AND SIXTH SOUTH STREETS,ALL IN SALT STATE CITY, SALT LAKE COUNTY, Salt Lake City,Salt Lake County,State of Utah. •S'f ITI OF UTAH, y, BE BOARDORDAINEDO BY THE MAYOR END LT EICY COMMISSION- ERS O5 OF SALT LAKE CITY.SALT LAKE COUNTY.UI. That H SectionI11. mast me Oregon short That the AfOticc__ 1= :. -.:(r .1 Lore xdilroad Company,Less(Union Pace- - __.... -. .._. ----..._ .L!'1 Railroad Company, .and s and assigns,d ee,and hInce s urcr- opirat granted m the 'fight n rd huge - railroa apbe maintain a standard Cause 's thea sChalf.of in,along and - the west nor f Third West rveetta extending northwesterly said In r area located e 194 etwe in said st a d iin a tre between Fifth and Stith area Sal th Streets. u' Salt Lake City. "--- -"' --- --""-----'- Sa t locatiunkofCal,la State track fwl Utah, iere it its J-J - sA�d to be scon-tructed in, long ainddP rb s the wet half of Third West Street, the description of the center '— line Of said sour track being as fol- lows:+' Beginning et the point of switch of Proposed 1an spur track which is 5.0 feet of which a copy is hereto attached, was first published in said newspaper in its cr1 est and 136.2 feet north of the Monument at the intersection of 3rd _ West and 6th South Streets: ihenee - :..ail hlong the arc o[ v to the left., issue dated the aving a radius of 518,66 to F,a disc ranee'of 55.7 feet;thence along the are of a curve-to the left,having a 1 , ., radius of 103.65 feet. a distance.of day of.. 19 l Alt 1Ifl a feet,more or less,to _._._._. --.___... , the west line of 3rd Wes:Street. The location o the center rie of said track Is graphihallY sllbwn•in Yellow n°Orothe a Dchedrt oprint,which i chore. and was published in each daily issue of said newspaper, on e. Section.2. During the term of this franchise the grantee shall be subject to(a)the following saidgtrack shall be laid upon for .. _ and conform to the grade of said street mid .shall at all times he maintained by the grantee to c nfel'm to the grade of said street, a if said grae thereafter,the full of r. weewar changed by ordinance of the period _�..c. Board of City Commissioners, the antee shall, at its i change the elevation of the track so as to l conformto the same. UP Whenever said sheet where said - -- - ----.... the last publication thereof -- - - ' track is constructed shall be paved.e surfaced o red,the said agrantee, ts x and assigns.shall p i successors repair between the rail being in the issue dated the day of coil Oil, space of two(2)teat outside g 1 f each rah with the same kind pf m !of used on said.street,or nvith'uuch other material as may be am/roved by Commissioners, the Board f Ladd all.ties shall b laid t nee ___.-_ _ _.. _-- f ..,A.D.19 _-_..f i:: f such thickness shall b directed by sold Bn d (C () fel Said track shall be laid and the eeoperated so as nc ,medimeitdo the c cause no un-moo d die f d street upon which t is laid. reservesthe right t(dlrltom[ Iand cot con,.the d Fall train, eligiOeS n to t d l a t igns fore me this ._ day/of 111,011 id track. °,F .� A.D. 19 'l+ Notary Public. My conmlission expires.......-:. Advertising fee 6 - nutting Yn said track said grantee shall r interfere with the p snid,n y manner 1 sidewalks. curbs or gutters o aida t eel, shall enlace. such pavement w it the same or with such other material as shall be ordered br said Board of Commis- sionersmid shall replace such side- walksnd such curbs and gutters to the satisfaction of said Hoard of Commis- shalt a nstruct[hc n of ttut- sage ter s v the frat n of water and be to the satisfac- tion of said Board of Commissioners.0 <i Said grantee shall nut inand asfntaan such crossings o said track bitshad£coin time totimeehe required said ad an of Cocient conduits (S) Good and sufficient Ise c andvlts la Penwater shall he laid and e - a, odd condition I at tnwa of aid y said t all water ditches crossed ar said track so as to adSen free passage of water.' Section con 3.Nconstrued as to in this grant eke be so tsrued pragent Salt Lake City orits proauthorized corporations o whom o sateen to whym a franchisepersons may d.from been o v hereafter'be granted,from paving. sessering, luring , altering,o rater m PiPoo ousels, ovgrepairing, don m aid ts cu' rsstreet- Section 4.manner .shall find by its sale- cuss-ors a shall and the ac- ceptance isehe of grantes'iv lieges and fran- chise herein a ante.d and inbind of the same,does hash,bind I s self,is or and a n ve epl ay hoofs Lae franchtse.slbil,claims, said demands harmless liver all whatsoever, elan el-. whether and Judgments nls otty, neveh shalllr he In uitr, whicd ill a be asserted,iala and o rendered .mtalamage or abutting tam Pro fray, r.injures to other- wise, or of this e, rt reason re the granting thconstruc- tion of rli- t e.ratioo of n the id111deseo operation of arid trace ud that the grantee l herein,Its s and wilt oar the amount doe a assigns, na senc, is. sea-suit or oceedino tiny which its suit n eedaid atilr he a shall-n ded,llase that t Lake City:is provided,sandohowever,that said sttiter n and a shall e had notice of aanh suits,l have a l slid r a and defend the s and said granter. ass a all shall a r bt andts defend all for alp'brought appear roe- !Salt y re City for co htluc Orrgoam- ati by reason to tons of s sld track. r oper- ation ion l si This x arc of .veld al-d granted Section r This franchise is sra ntcd for theperiod s of 1rr (this y s from and after e ever, of ibis ye a;nanee: provided,nn however,that if for a lr t le. l f n consecutive months.urine the life of uethisnfea franchise said spur track is not Fransed isr the p s if evens this bstant al as granted.tr if the its substantial abandonment for said of llrouse of said spur track her sad purposes. said franchise shall he voidable at the ; eed if of said Hoard of Commissioners: and if soordered by said Hoard of missioners, said thereafter shall removed (hand tho stdreet retlnred be t tien and the street restored to a condition uni- form asp the balance of said streetss with respect to grade,e materials and construction and to the satisfaction of said Board of Core of said grantee the end of the fa rack n said resid to re said track and restore said sty m remove such he sr and within said laneT days,too said work may expense done by halt Lake GiW at the expense of the grantee. Section tms 6.Unless this grant and all 'the terms and conditions b thereof shag be hereinaccepted i ioly Is bd the t tmthe •takig within thirty le .ors- tie, the taking effect of this constructed and unless such track be c to of tto ls thin gas- one r from the ante en ll be n e ytlaen this ordinance shall be null and void. Seo 7. n the Is opinion of said Hoare of Commissionerseti it safety s•nit the t Sail aid '- of the inhabi- tants !his a(stilt lake sits,effective that this • ordinance bc.:mne effcetii�c immesh- Section n. This ordinance shell lake effect o its publication. Pa 1 S ltv the B nits.of l'amila51)- o( col[eLakrm.f.itr. L:tall.List 2!+th ear of Septrin bcr, 1lt r.Af nn l..r_GLADE Mayor yor (SEAL) Scald F.BITNEP Berns City[r Recorder kill No.62. Published October 2.1Od, 6a