HomeMy WebLinkAbout62 of 1956 - Granting to the Denver & Rio Grande Western Railroad Company permission to construct, operate and m / VOTING AYE NAY
_ Salt Lake City, Utah, August 28, 1956
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CAarliknell . V.' I move that the ordinance be passed.
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ACCEPTANCE
ACCEPTANCE BY THE DENVER AND RIO GRANDE WESTERN RAILROAD
COMPANY OF AN' ORDINANCE ENTITLED "AN ORDINANCE GRANTING TO THE
DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS
AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A
STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS FOURTH WEST
STREET BETWEEN SECOND SOUTH STREET AND THIRD SOUTH STREET, IN
SALT LAKE CITY, UTAH.
WHEREAS, the Board of Commissioners of Salt Lake City,
( State of Utah, on the 28th day of August, 1956, passed an ordi-
nance entitled as above; and
WHEREAS, it is provided in Section 8 thereof that said
ordinance shall take effect upon its publication; and
WHEREAS, said ordinance was published on the 30th day of
August, 1956; and
WHEREAS, it is provided in Section 6 of said ordinance
that said ordinance and all the terms and conditions thereof
shall be accepted in writing by the grantee within thirty days
from the effective date of said ordinance;
*or.,
NOW, THEREFORE, said grantee, The Denver and Rio Grande
Western Railroad Company, hereby accepts said ordinance, Fran-
chise and grant and all the terms and conditions thereof this
day of September, 1956.
THE DENVER AND RIO GRANDE
WESTTEE, AILROADc fOM/PANY/
By k /�!/h/J( T U v
Chief Engine 6 O
II STATE OF COLORADO )
ss.
CITY AND COUNTY OF DENVER )
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On the day of September, 1956, personally appeared
before me John Ayer, Jr., who being by me duly sworn did say that
he is Chief Engineer of The Denver and Rio Grande Western Railroad
Company, a corporation, and that in his capacity as such Chief
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Engineer he executed the foregoing acceptance for and on behalf
1I of said corporation.
(( YY) Cam,.±y
Notary Public
Residing at: a�
My Commission Expires:
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ORDINANCE
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CON-
STRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK
OVER AND ACROSS FOURTH WEST STREET BETWEEN SECOND SOUTH STREET
AND THIRD 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, its suc-
cessors and assigns, to construct, operate and maintain a standard,
gauge railroad spur track over and across Fourth West Street
I between Second South Street and Third South Street in Salt Lake
City, Utah, the center line of said spur track being more parti-
cularly described as follows:
Beginning at a point in The Denver and Rio Grande Western
Railroad Company's westerly track now located in Fourth
West Street; said point being approximately 255 feet south
and 58 feet east from the northeast corner of Block 63,
•
Plat A, Salt Lake City, Utah; thence southwesterly on a
y curve to the right with a radius of 193,185 feet, 86.1
feet; thence South 26° 15' west, 83.8 feet, more or less,
4 to the west line of Fourth West Street.
e
^� d The location of the center line of said track at proposed
o crossing over Fourth West Street being shown in yellow on
" LI i° the attached print.
os.
(1),444° m Section 2. During the term of this franchise the grantee
ti N shall be subject to the following conditions:
R.O0 .d
0 O e h (a) That said track shall be laid upon and conform to
the grade of said street and shall at all times be main-
w oa
rn tained by the grantee to conform to the grade of said
• .,4 stroet, and if said grade is afterward changed by
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ordinance of the Board of City Commissioners, the grantee
s. v shall, at its own expense, change the elevation of the
y track so as to conform to the same.
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M Pico (b) Whenever said street where said track is constructed
• ° shall be paved, resurfaced or repaired, the said grantee,
it its successors and assigns, shall pave, resurface or repair
between the rails and for a space of two (2) feet outside I
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 I
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.
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(d) Salt Lake City reserves the right to regulate and con-
trol the speed of all trains, engines and cars operated by
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the grantee, its successors and assigns, upon said tracks.
(e) If, in putting in said track, said grantee shall
remove or in any manner interfere with the pavement,
1 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 Commissioner
and shall replace such sidewalks and such curbs and gutter
to the satisfaction 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 tracks as shall from time to time be required byj
said 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 crossed by said track so
as to admit the free passage of water.
Section 3. Nothing in this grant small be so construed as
to prevent Salt Lake City or its authorized agents, or con-
; tractors, 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 street.
Section 4. Said grantee herein, its successors and
it assigns, shall and by the acceptance of the privileges and fran-
chise herein granted, and in consideration of the same, does
hereby bind itself, its successors and assigns, upon its accept-
ance of this franchise, to save said City harmless from all suits,
claims, demands and judrnents 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 pro-
'; perty, personal injuries or otherwise, by reason of the granting
of this franchise, or by reason of the construction or operation
I; 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 suit or suits and an opportunity to appear and defend the
Ii same; and said grantee, its successors and assigns, shall appear
11 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 track.
Sections. 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 (9) consecutive
months during the life of this franchise said spur track is not
I 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
1 option of said Board of Commissioners; and if so ordered by said
Board of Commissioners, said track shall within thirty (30) days
�i thereafter be removed and the street restored to a condition
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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 of the failure of said grantee
III 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 grantee.
Section 6. Unless this grant and all the terms and con-
ditions thereof shall be accepted in writing by the grantee
herein within thirty (30) days after the taking effect of this
I 'ordinance, and unless such track be constructed within one (1)
year from the date of such passage, then this ordinance shall
be null and void.
Section 7. In th4 opinion of Afid Board of Commissioners, i
I, it is necessary to the pece, hea],th &lid safety of the inhabitant
of Salt Lake City, Utah, that� thi's'•orcxnance become effective
immediately. F`, ° f
ht j
f Section 8. This h dinance ,.shah. take effect upon its
publication.
u
Passe 2ty the Board of Commissi sr alt Lake City,
1 Utah, this`' h day of � August , 956 .
it
XXXV1ix Tempr
it y Chairnan
.1 ( SE AL )
62 of 1956
Bill No.
Published August 30, 1956
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Affidavit of Publication
STATE OF UTAH,
as.
County of Salt Lake
D M Ockey
Being first duly sworn, deposes and says that he is adver-
tising clerk of THE SALT LAKE TRIBUNE,a daily news-
paper published in Salt Lake City,Salt Lake County,in the
State of Utah.
That the advertisement of which a copy is attached
hereto
Salt Lake City Bill No. 62 of 1956.
An Ordinance granting a right of way to the
D & R G If Railroad.
was published in said newspaper on
August 30, 1956.
Advertising Clerk
Subscribed and sworn to before me this Slat day of
August A.D./9....56
Notary Public
My Commission Expires
Nov 25 1957
•
ORDINANCE t A.S- t herein. Ilk
AN ORDINANCE GRANTING TO cessors I shall d b the 1� THII D£NVER AND RIO GRANDE ,pl'.ncr of the privilege,.and iran-
SUCCE RN RAILROAD COMPANY,HS. al herein t ill l a o SUCCESSORS AND ASSIGNS, THL on f the d h:'-b'bind-1-
1 1050RIGHT TO CONSTRUCT OPERATE N if,! and:p!,:rs norm its
AND MAINTAIN A STANDARD i th franchise, to f(GAUGE RA3LROAD SPUR TRACK 1 h chin f all suits claims.OVER AND ACROSS FOURTH WEST den and judgments whatsoever,
'STR.IIT BETWEEN SECOND SOUTH demands whether In law or in omit, whir,
' STRPE P AND THIRD SOUTH STREET,
IN SALT LAKE CITY,UTAH. shall oe asserted,found or rendered in
said COY
{ BE ITORDAINED BY THE HOARD any
in or damrape to xhbu1111,0 nron•OE COMMISSIONERS OF SALT LAKE, city,Pc opal iniurinS Cl otitrrwise.by
CITY,UTAIi: of the graniting of this franchise,
Section 1.A franchise and right ofWay
reason
h o the construction
s hereby granted to The Denver eaofnsa f the oand that the
and Rio Grande Western Railroad Coin-
grantee operation
and assigns. to si!gnservuienay'theeamount of any audp-
oldn r successors ma±uto�noa ana- t. determination ediaamahon
ssmace railroad a track e and
ern s.'Fourth West Sheet between S trhhiRe in it or or
said
me
and South Street and Third South
be or shall any
found against said Salt
Street 'n Salt Lake City, Utah: the Lake City; rnvlded, however, that
enter lino f said spur track being said grantee.its successorsany askgnor
• particularly described as follows; suits have anhod notice of a su14 more Beginning at point i The Denver suits doh'tunitya to agile e-dons
and Rio Grannie Western Railroad Com- defend the same;and..'d Is
grantee.
westerly track now located successors and assigns,shall
• Pour.tWest Street; said point being
and Lobe all clion,yb ought against
oxlmato the Sect south and SS Solt Lake City for jury Or dam-
1feat110h end from the northeast t c of by f ally
construction.
Block 93.Plat A.Salt Lake City,Utah:. er'ation.or e maintenance of said track,
[hence southwesterly on- I ve to the II thee» ,1 This franchise granted
cI t with a dins f 193.185 feet,8p.I. • far( period o[fifty l50,rears from
I feet ence South 39t 15'west.338 pro afteivided,
the passage f this ordinance:
feet, c or less,to the west lino of 'ovlded,however.that it_ period
- Fourth West Street. of r III r months duw
l The Location of the center line of ing the life of-It 101franchise said s
.id S We r g crossing o I back is not used for the mltpos s fine
Fourth West Street beingshown in yet• which thist M1 granted. -[
1 h tt )rid t 'thereh t Iabandonment hf
for said .
Section 2- During thet o told nh n said franchisee use of said spure rack shall be void.!franhise the grantee shall be subject. able at s the option of said Board of
to the following conditions: Commewien0ra: and if s ordered by
on)lhhaconform"-d pack hall bee Wd said Board of Commissioners, said
t 'and to the grade E said track shall within thirty (30) day street d shall at all drapes be thereafter be removed ad the street
tanned by the grantee to Yorm to the scored to a condition uniform with
'aria stet, d 'f 'd rack I,ih balance_ aid i with act
tlhealloard df City Commissloners,e the 'ao smile, ,atisfaa1, and construction
rdof
grantee shill, at Its h expense, d m the satisfaction of said oard f
Orange the elevation of the track sConunlssioners. In the event of the
s u failure of said grantee to remove said
v to foam to the seine. Itracks and restore sand street, t(b)tlVlhenever ,Id met here said such action and within said thirty I(MO)dote rs tent shall be paved. - lays, the said work may be done by
iesu faceileons,u_repaired, the as d - 'Salt Lake City at the coroner of the
or a
antce,its successors and assigns,shall nice k -
f repairbetween the gt
, rails dannd if R e of two(2)feet 'Section G. Unless do grant d all
rail Ih t and conditions tM1tlo 01 hall
I hind f material used onthe
same
be accepted 1nwriting be the grantee
street,o vith such other r tarsal a !herein within thirty Ih,, lords after
bed h h H the 'k. :fe t ho
C m d an 1' Board
h¢ lea h k b constructed
,'lain) upon concrete base f sorry within one(11 year from the sdate of
' thickness s shall be directed by said
such ssageV then[his ordinance snail
Board of Commissioners. _ be all and void.
(e)Said track shall be laid and Section 'i- In the opt of mid
the road o rated s s to can - Board sary of
the ommissioe. ryeelllt'tland i sxleiY
n,d urd narnecessary .Rvnc noft to sairl the sheetm of the inhabitants of Salt Lake City,
which it is laid.
upon Utah, that this ordinance become cf.
(d)Salt L City - the rightimmediately
le regulate aid control the speed of B. Thi. 1'nnncc shall hake
Ihl t'-' 4 SSOCS and ass gaoperated seeP d b'the Bdam::upon its oard f Con h
said t ..1.,Like City Ti,h, this 28th
ff,in potting inaid track,said dal of',must.1956.
ie. I,.C.Romney.graiihrie shall,
t II delks,
T ry Chairmen
cur
bcu Ratter, id t it MallI Nog
I t h c.v-1 Al City R lee
replace
withoi l tl material shall'e Bill_ 2 f 19 •
ordered b :.d Board f Published Angus:30,1835 fB:Y6)-
and si rot �fdl.shall curbs raplace id gutters a to sidewalks
esat s-
tactmn of said Board of Con,misslorrms
ll!y sh.'all sot lecons osv the t nee
gutters that
Bone)and be mi tenet llslactions of saiage d
(ft Said Rooter shalt nut In and
such crossingssaid tracks
m arshe!:r iron tin a rto time be required
be s Board t Co,nmissioneiw.
lotr Good earl sufficient conduits to
water shall be laid and main-
tained in good condition at the expense
tf am-
of said grantee in all water ditches
crossmi by said tack s s to admit
Um free b e vat o a.
Saelion a.Noth ingt this grant shall
be so construed s to Prevent
• tta City authorized eaeh l agents.o
La r
contractors,o or
ro winen fr„rnchise�sr y have been
or may hercaftcr he manted, from
it .laying
g ltr adln gh ratrir
ale-
iring, o n any warmer improving
ing
s
I said shoat.
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