HomeMy WebLinkAbout64 of 1949 - Granting to Oregon Short Line Railroad Company ( O.S.L.R.R.Co.) (Union Pacific Railroad Company L ROLL CALL Salt Lake City, Utah, N" -1 i?"°9 „1.94
VOTING" Aye Nay
Affleck
l I move that the ordinance be passed.
Matheson . . . -_2
Ycp o �G
Romney . . . . • (
"
Linenf elter
Mr. Chairman . . AN.ORDINANCE
i
Result . . . .
AN ORDINANCE GRANTING T'0 THE OREGON SNORT LINE RAILROAD
COMPANY, (UNION PACIFIC RAILROAD COMPANY, L_UbEL), -MS SUCCESSORS
AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AL!) CAINTAIN A STANDARD
GAUGE RAILROAD SPUR TRACK, IN AND ALONG. THIRD WEST STREET, EXTEND-
ING SOUTHERLY FROM NINTH SOUTH STREET TO THE SOUTII LINE OF DALTON
AVENUE PRODUCED EASTERLY, AND EXTENDING SOUTHERLY FROM THE NORTH
LINE OF DAVIS SHARP AND STRINGER'S SUBDIVISION TO THE NORTH LINE
OF ANDREW AVENUE PRODUCED WESTERLY, ALL IN SALT LANE CITY, SALT LAKE
COUNTY, UTAH.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION I. That the Oregon Short Line Railroad Company,
(Union Pacific Railroad. Company, Lessee), its successors and assigns,
be and the same is hereby granted the right to construct, operate
and maintain a standard gauge railroad spur track, In and along
Third West Street, extending southerly from Ninth South Street to
the south line of Dalton Avenue' produced easterly, and extending
southerly from the north line of Davis Sharp and Stringer's Subdivi-
sion to the north line of Andrew Avenue produced westerly, all in
Salt Lake City, Salt Lake County, Utah, the center of said track
being more particularly described as follows:
Beginning at point of switch which it is proposed to
install in an existing track of said Railroad Company in
Third hest Street at a point which is tvo hundred forty-six
(2)}6) feet north and eleven (11.0) feet east of the city
monument at the intersection of Third. West and Ninth South
Streets;
thence southerly eighty (80) feet along the arc of a
three degree forty-seven minute (3° 1E7') curve to the right
(tangent to said curve at point of beginning, hears South
six degrees fifty-three minutes East (S. 6° 53' E.);
thence South three degrees f{fty-oQne minutes Rest
(S. 3° 51' E. ) ton and one t�►i4h (10.1) feet to a point of
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! tangency with an eight degree no minute (8° 00, ) curve to
the right;
thence southerly along the arc of said curve one hundred
eighty-four and nine tenths (184.9) feet;
thence South ten degrees fifty-seven minutes Vest
(S. 10° 571 if.) three hundred nine (309) feet to a point of
tangency with an eight decree no minute (8° 00') curve to
the left;
thence southerly along arc of said. curve one hundred
thirty-six. and four tenths (136.1;) feet;
!!�I thence south eight hundred two and two tenths (802.2)
feet to a point of tangency with a four degree no minute
(4° 00+) curve to the left;
thence southerly along the arc of said curve forty (140.0,
feet, more or less, to the south line of Dalton Avenue produc-
ed easterly; ALSO,
Beginning at a point on. the north line of Davis Sharp anc.
Stringer's Subdivision thirteen (13.0) foot west of the C'.ty
E Monument line on 'Third (lest Street, and running thence south
. parallel to said Monument line two thousand six hundred
• twenty-five (2625) feet, more or less, to the north line of
Andrew Avenue produced westerly.
The location of the center line of said track is graphi-
cally shown in yellow upon the attached print, which is hereby mad
a part of this ordinance.
SECTION 2. During the term of this franchise, the grante ,
1 its successors and assigns, shall be subject to the following con-
ditions, viz:
(a) The said track 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.
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of the track so as to conform to the same.
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(b) The grantee shall pave 'third VentStreet from
j S'inth South Street to the south side of the intersection of
Mead Avenue, according to the plans and snecificatIons furn.isn-
ii ed by the City Lngineer.
(c) Whenever said street where said track is con-
structed shall he paired, renaved, resurfaced or repaired, thdn
said grantee, its successors and assigns, shall pave, repave
resurface, or repair between the rails and for a space of t
. feet outside of each rail with the same kind of material use
on said street, or with such other material as may be anorov'
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ed by the i,oard of Commissioners.
Tn the event said prantoe shall fail to pave, repay ,
resurface or repair and surface any area as herein required
•
for a period of thirty (30) days after notice from the ':ioard
of Commissioners so to do, the City shall have the right to
pave, repave, resurface or repair between_ the ..ails or said
surface or area and the grantee a,^;recs to reimburse the City
for the total cost of said isork, labor and material.
(d) '!:hen it is deemed necessary by Salt Late City,
or by other public agency, to provide a viaduct on 13th South.
Street over said spur track, the grantee will participate in
the cost of its construction.
(e) The said track shall be laid and the road oper-
ated so as to cause no unnecessary impediment to the common
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and ordinary use of said street upon which It is laid.
(f) Good and sufficient conduits to convoy water
shall he laid and maintained in hood condition at the expense
of said f;rantee in all water ditches crossed by said track so
as to admit of free passa ;.e of water.
(;') Salt Lake C•_.ty reserves the right to reulate
and control the seed_ of all trains, en„i.nes and cars operates
by the f_antee, its successors and assigns, upon the track
aforesaid. _tei.ther the engines nor cars shall be permitted to
remain on said track.
(h) If, in the replacement or maintenance of said
track, said grantee: shall remove or in an manner interfere
with the pavement, sidewalk, curbs or waterways on said strcetl,
it shall replace such pavement with the same or such other I
material as shall be ordered by the ''oar•d of Commissioners aria
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shall replace such sidewalks, curbs, '-u.tters and peterwa.ys to{
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the satisfaction of the Commissioner of C:reco to and ;'ublic Imo
provements and shah so cons;l;»uct -n:, -utter., and waterways
that they will allow the free passa;-e titer to the satis-
faction of said Coredscior,cr.
(I) ,however the prono.ec t•racb shall cross e. wate4.-
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main, sewer or conduit rirantce shall conotuct proper safe-
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guards for the protection of the cityls facilities in accord-
I once 'with nlans and specifications nrovidod. by the to Engi-
4
aver, and whore in no or of the to no 'no it is neccs-
sary to re-locate watermains or .sers or conei. it shall
be done at the expense of the rantse and in accordance with
the specifications of the d'ity Enginner.
SECTION 3. Nothing in this grant shall be construed. so
as to prevent Salt Lake City or its authorised aghnts, contractors,
persona or corporations to whom a franchise may have been or my
hereafter be granted icon paving, sewering, laying sas in water
mains or pines, altering, repairing, or in any manner improving
said street, but all such improvements shall be made with a little
injury as practicable to said track and. the cyceration thbreof.
''hen Salt Lake City undertakes to place any utility under said
track, the grantee shall at, its own exenae unkhwein and hrotect
its track while said utility Is belnm 7,1m0. unjec thG track.
Tii.CTOT 4. Tho said F:rantee 11n, :11.1cc(=or2 and
CS signs, shall, and by the acceptance of the hrivilces and fran-
chises herein granted and In consideration of the same does bind
itself, its successors and assigns, upon its acceptance of this
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Ifranchise, to save the City harmless from all suits, claims, deman s
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and judgments whatsoever, whether in law or in equity, which shalll
He asserted, found or rendered in any manner whatsoever, against
said City for injury or damage to abutting property or otherwise by
ireason of the granting of this franchise or by reason of the oper-
ation of said track, and that the grantee, its successors and as-
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signs, will pay the amount of the judgment, determination or adjudit-
I cation which in any suit or proceedings may or shall be found
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against Salt Lake City, and the said grantee, its successors and
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1 assigns, shall appear in and defend all actions brought aainst
EaltLake City for any injury or dareage by roason of the construe-
Ition, operation, on' maintenance of said track, provided, however,
Ithat said grantee, its successors and assigns, shall have had. noti4e
of any sults and an opportunity to appear and defend the same.
SECTION 5. This franchise is granted for the 'sorted of
fifty (50) years from and after the date of the pasGage of this
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ordinance, provided, however, that if for a period of nine consecu
tive months durin,_; 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
the Board of Commissioners, said track shall, within thirty (30)
days after notice, be by said ;grantee removed from the street and
the street restored to a condition uniform with. the balance of said
street i itli respect to grade, materials, and construction to the
satiafact_ion.of the 0Om.missionet of Streets and Public improvement .
In the evont of fa!lure. of said grantee to ro.'iovc said track and
to restore sai0 'streetn saia not"Lce and within thirty (30) day-
thereafter, the:work' nay be done by Salt Lake. City at the expense
- d, :of said grantee. . .
''SECTION 6.' Utile ss this fhan.Chise and all the terms and
i conditions thereof shall be accepted in writing by the grantee
herein within thirty (30) days after this ordinance becomes effec-
!
1 tive, and unless said track be constructed and said paving of Thir
West Street is done within two years from the effective date hereo ,
then this ordinance shall be null and void.
SECTION 7. Whereas in the opinion of the r'.oerd of Commis
stoners, it is necessary to the peace, health and safety of the In
habitants of Salt Lake City that this ordinance become effective
immediately.
SEC ION 3. This ordinance shall take effect upon its
first publication. /I / !
y� i-of / q j/i
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IPassed by the Board of 0ornnie/hers of Salt Lake City,
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Utah, this / day of -- A. n..'1*.'„ ''
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T"ayaY.
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-.__.0 ty recorder.
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ue,gor.., Lotd'ces
AN'ORDINANCE '
AN--ORDINANCE GRANTING TO •
QR$0pt(g5ORT LINE RAIL-
D'.COMPANY, (UNION PA-
SEE))),,CIFIC RAILROAD SOBS AND
LES-
SEE)), TEE.B.�gI6T TO:SUCCESSORS
TE D AND MAINTAIN A
AND -StAUOE RAILROAD
-rob 7$A1, II4 AND ALONG
ING Al) LYRPFROM xNIINNTH
SOUTII T TO THE BOUTS
WIN? AVENUE PRG• Affidavit of Publication
al CR' • RLY,AND EMTEND-
,NO LX FROM THE
NORTH E. OF DAMS RHARP
IVIBION
TO E NORTH LINE S DEWS OFaA VAC NDREW
AVENUE PRODUCED VSESTERLT
ALL IN SALT LAKE CITYBALT1
LAKE'COUNTY,UTAH. He
Re 1E ordained by the Board 6f
Commneloners 'of Balt Lake City,
US eh: 88
SECTION I. That the Oregon
Short Line Railroad Company,-(Un-
foh Pacific Railroad Company,Les. Age
gee),Its sueceesora and as..be
add the same is hereby granted
the right to conetruct,operate and
maintain standard gauge rail- '
road spur track,1n and along Tird ',
Wiron Nintht'South extending eet°southerly
•
D 11 Ockey
,.-futh line f Dalton Avenue pro
dird6Dy-.i lk xtebdi og.OVA- •
.fly tt`8In tile`north'line f Davis
Sharp and'Stringer's Subdlviefon to Being first duly sworn,deposes and says that he is the ad-
the north line of Andrew Avenue p p
produced ie wea&rly,all 1n Bale Lake y, 840E LatheCounty. Utah, : vertising clerk of THE DESERET NEWS,a newspaper
Banter f maid.track being more
lsartioularlyR:s:atmain described act follows:
shlc)e n;Itig at,pot.
to Palle published in Salt Lake City,Salt Lake County,in the State
le an'exleting ergot of eafd Rall•
road eelCims l; Third
hundred of Utah.
trL1•tlx (Sigel teat.north and ,
eleven(33.0)test east at the elth loneaatpe eipenw ppff the Ranter
ddment at'the Ninthct(en et and In accordance wEh tee aDeeltl• ', the advertisement
Third West and South nations of the-Ctty Engineer,
I Streets; • atCTj00 3.Nothing in this grant
• thenceal eeutherly eighty (80/ hall be trued eo to prevent dinance bill No 64
deg' ong the A
o of three Salt Lake-City or Its authorised
degree forty-seven minute(3 deg. Agents,contractors,Dregon.or cor-
47 min.)o e to.the slight(tan- otiose to whom a franchise y
gent to•sald curve c nmint.of hoe been or mar hereafter ee Salt Lake City t'orporation
beginning..beare South la de-. granted from paving, or g,1{`Y-
g fify-three minutes East mg g re awater mains or Dye,
(B.6 deg.83 min.E.); altering,repairing,or In y an-
the .,.oath thr degrees Ili er improving m said street, but all '
ty-on minutes East S. 3 deg such 1 p ,•ta shall be made
Al min E.) ten `one tenth with lltti ry as practicable
(10.1)fret to a poir)tif tangos to a Id• track., t e operation
cy with an eight d leg la thereof.W. CnBlak4 City under-
ute(S deg.,00 min)'dery to the' takes to - y ntl,lty der
right: • said track, •aster shall at its ,fished i'n said newspaper, in its issue dated, the
thence a uterly aiOng the are a aD ps�y, pin nd D eSgoe!
Ot said ur one hundred ofghty- its tt k w'I* Id t)IIE9 L bs-
four affi 'nine t to (184.8)' Ina'placed {��-ih track. . A. D. 19
feet: N w.1. said a
day of
thence .o to B f1f- badn Its ar and ssign, ._
ty-e en MuZc West (S. 10 offal] d by oof the
deg. 57 m1 W.y gp Led privileges - ne re erein on Nov 2 1949
yinn.(B09) lea-WC 0` a of t6 Of ranted d is r tiU of.the- published
'.tttootet 1[Ith n eight deg v some d jai :`t elf its eaacee• '
minut (8 deg 00 min) u ve m ore and a gas, upon Its accey-
the leftssore
of this franchise,to esve the
•thece enatheerly along of City harmless from all sulta claims, qublieation thereof being in the issue dated the
aid curve heated thirty ever,
and judgment..whateo•
six•eooe so
tenths(136.4) feet; e , whether in law in equity,
• thence eight huatl d two which shall be aseertede found or A. D. 19
and•two t a (807.2) to a rendered in•any n whateo-
Dolnt of hey 1 four ever, against'eafd City ton injury ._ day of
der.etoad' lute(4 deg.00 min_) o 6amega to.aeon g the-g a t-
olt '}t�B�Itltlsp t; otherwise by tea a f the-grant-
anon n
.El ljl elielherly along the ate ' fag f this trwchfsa by satin
>` 6ald• ln1 forty (40.0) feel, f the operation f anld track, and- �.�
mm `` t leaf, to the south Ilea that the_grantee,its successors d.
ee 73nit n Avenue Produced ea.E• that t,will pay the succest i the Aditertising
err 0, - Cngment,ricin determination or e pro'-
ea t•hg' n soft Davis point
the Ceedin Whf$$ca in
aeha11suit
be found
Stringer's."Subddivigion thirteen against salt LakerCitl,'and the said
."-j{(lq13.0) feet west of the City grantee, its successors and',Aligns,
),-gedttoeht line.on ThirdWest- hell appear In and deend l se-
B6ttteet,•and running thence south' none brought agalnet Salt Lake dayof
parallel to ale+Monument line City for any injury or damage,by ' 9th
two thousand-feet
hundred Ewen• aeon of the construction,'opera- ,S
tyflve.-north feet r or lees, Doh, Meer,nth f aid t k,
to the north line 1 more
Av- Droved however,that said gran
an.produced westerly. Its or and assigns, e
The /oration of the center line have notice of any NIEd"
f-,said track Is graphically shown a tufty to appear and der -
In yellow upon the attached print, tend e.
'vision 1s hereby made a part of thle SECTIONsam
6. This franchise 1
Ordinance. granted for•she period of fifty(d0\ k
•SECTION n 3.During the term a years from'and after the date of
Wna franchise,the grant.its pee- the passage of that If for a pro-
Je.6ors and hawginng ondi bo nub- olden however,that If for s Dentin rl
jedE t0•the f01[ow]pg conditions,vier of nine consecutive months dean
(n The Said track.hail-0e toldtrack
upon and'Oenof s to the eetab- 'one life o[this franchise gam Notary P bfxs'"
lfsad grade of Id fresh..and Y part thereof Ih t need ,
.b old grade 1e afterward changed for the purpose[er which hele Its a•
by.loner°thin..,"toe thg Board of Cam- ehlse is granted, or If there R use
mleelownerex ens:grantee hail, e- bsaid t l abandonment of the use
`ad,.own ,the track
hang.to ale- f said trait 0 part ablethereof,t
1V�et10n of,the track 90 a to co. thin•franchise hail Hoard
voidable t
't71:to Ehe'eame. the ors,option f the Hoard re Commis.
(r) The grantee shall pinch Heard and n ordered by ahe
sk
'South" t eet'Street from de of Hoard of le thirty
(30) said track
'South i Street to the Math Ids of shall,within thirty ran daysr after
the ming In t 1 Mead Avenue, afire, bybe 1d grantee removed
011100ing to the deans and epeCi store the street and the treat
Engine furnished by the City he b n e condition uniform with
Sng�lneer. the balance said rials, b rn-
( d ark is
said treat an be sport o glade,matiefact and con-
. t
Isaid track.v resurfaced
shall e- erection n the ee of the
David pnv rgrant tied r re- Comma moots of Streets and Public
Seelreri,thed said grantee,its are, Ice of said.g000 the event vofe fslid
�p Bays a f400,d shall Dave- tre f edi restore Tstreee old
repave, e •
erail an or repair be- track and to restore saidini upon
teen et Outside
red Sc,k epees of sale There and within thirtyk e •
wo feet.kinds 1 each rail with done by Salt
the mark'may he •
a..tlame eitrd'of material used done by Bait Lake City at th
oh old greet,mar with such by pence-of.Id grantee
,,,Material y mi approved by(the Board RoerE of Commissioners. - •
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SECTION 6.Unless this franchise
In the nu)salt gantee shallall the terms d conditions'
t-
fall to�pave,repave,resurface or thereof shell bp a here to tin
-repair' and surface any areathi by the drys after herein within
qyuire° tot a of thirty eels grantee
ant b es
thirty(30)days after notice from s c beelines beee ost of and mines
the Board of Commlesloners so to said Ctrack truothh said
do,the City shell hey the right paving of Third West Street Is done
to pave, repave, r edrface r oy- within two ye a from the effective
pair between the rails or saidgr s date hereof, then this ordinance
reoid
ps to T lmbaria
a the Ckfty.sot shall 17 and real
tot all be
4.Whereas m the opin-
the I sal. Ot said wm ion of the Boardof Commissioners,
and material. It is necessary to he peace,health
(d) When it Is dekmed Incas- and safetii of the inhabitants of
y by Salt Lake City or by other Salt Lake City that this ordinance
dutl ao I3th•Sut Se vT become effective immediately.
SECTION-8.This ordinance shall
pHid Spur tfs.;the-grantee will . Nike-effect upelP its first publlea
krticipate 1n the cost of Its ern- tton.
rn t.. - Passed by the Board of Commie-
(e)The said track shall be laid sinners of Salt Lake City,Etch,this
and the road operated so to let day of November.A.D., DB
1849.
cause no unnecessary impediment. EARL J. GLA
to the eommup d ordinary nee ISSIA P.EITNER gay.
t said street upon Which it 1s City Recorder
laid. )
If) Good and 'sufficient eon- BILL NO 64
dolts to convey water shall be published November 2rtd, 1949•
laid and maintained in good con-
dition at the expensesaid --
grantee __---" - -"'--of
ossed by said tntkets ditches
to
admit of free passage of water. -
right)o°re date City
reserves
the
ee
speed of all trams, engines and
oars operated by the'grantee, its
trackaforers said. Neitherpthe the
vines nor Oars shall be permitted
tines
main on said track.
(ihntenancen the replacement
rck. ald-
mranter anner tnterfeismwith othen any
water-
ways o dsaid kstreet,G°it Srh II se-
same or C such other mant t rial ath s
shah be ordered by the Rosin of
Commissioners and shall replace
such sidewalks,Curbs,gottenand
the
m�to of Si efts"and
Public Improvements and shall so
construct the gutters and water-
ways that the of ey will allow the satisfac-
tion a free
tion cot said Commr issioner.tt°ta°-
tracke sshallsewer or n¢or res the waecmnt
construct propr sduit afeguards for
e protection of the city's facili-
ties 1n accordance with plans and
City tEC'ngineer,s provided
d where i the
n the
opinion of the City Mutineer 1t is
necessary or conduits 1t shall tbs