69 of 1954 - Granting to the Oregon Short Line Railroad Company its successors and assigns, a franchise and the r UNION PACIFIC RAILROAD COMPANY
Omaha 2, Nebraska
November 5, 1954
TO THE HONORABLE MAYOR AND
BOARD OF COMMISSIONERS
OF SALT LAKE CITY, UTAH:
The undersigned, Oregon Short Line Railroad Company,
(Union Pacific Railroad Company, Lessee), hereby accepts the
franchise and privileges contained in and given by the ordi-
nance passed by the Mayor and Board of Commissioners of Salt
Lake City, Utah, on October 14, 1954, and published. on
October 18, 1954, entitled:
"An ordinance granting to the Oregon Short Line
Railroad Company (Union Pacific Railroad Company,
Lessee), its successors and assigns, the right to
construct, operate and maintain a standard gauge
railroad spur track in, along and across the west
half of Third West Street, extending northwesterly
in a curve a distance of 179.7 feet in an area lo-
cated between Fifth and Sixth South Streets, all in Salt
Lake City, Salt Lake County, State of Utah." Bill No. 69.
This acceptance is subject to all the terms and con-
'ditions contained in said ordinance.
OREGON SHORT LINE RAILROAD COMPANY,
UNION PACIFIC RAILROAD COMP NY, Lessee,
By
resi t
RECEIVED
v+t+ 1954
907gati
CITY IULCORDEU
69
ROLL CALL
Salt Lake City,utan,.
VOTING Aye Nay
2 I move that the ordinance be passed.
Burbidge . .
Christensen . . . s
Romney . . . . `�
Mr.Chairman . , y
AN ORDINANCE
Result
I J
AN ORDINANCE GRANTING TO THE OREGON SHORT LINE RAILROAD COMPANY
(UNION PACIFIC RAILROAD COMPANY, LESSEE), ITS SUCCESSORS AND ASSIGNS, THE
RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR
TRACK IN, ALONG AND ACROSS THE WEST HALF OF THIRD WEST STREET, EXTENDING
NORTHWESTERLY IN A CURVE A DISTANCE OF 179.7 FEET IN AN AREA LOCATED BE-
N
+4 TWEEN FIFTH AND SIXTH SOUTH STREETS, ALL IN SALT LAKE CITY, SALT LAKE
a
COUNTY, STATE OF UTAH,
ao
BE IT ORDAINED BY THE MAYOR AND BOARD OF CITY COMMISSIONERS OF
to
m
, SALT LAKE CITY, SALT LAKE COUNTY, UTAH:
0
0 SECTION 1. That the Oregon Short Line Railroad Company, (Union
Ito
wcD
acific Railroad Company, Lessee), its successors and assigns, be, and
'?the same is hereby granted the right to construct, operate and maintain
m CO
o a standard gauge railroad spur track in, along and across the west half
Hof Third West Street, extending northwesterly in a curve a distance of
H
'0 179.7 feet in said street, in an area located between Fifth and Sixth
Ror
aim South Streets, all in Salt Lake City, Salt Lake County, State of Utah,
0 •
o the location of said spur track where it is proposed to be constructed
0
,a .in, along and across the west half of Third West Street, the description '
m o
w 0of the center line of said spur track being as follows:
,ix
tx Beginning at the point of switch of proposed spur track which is
•
op-4 5.0 feet west and 158.2 feet north of the Monument at the inter-
SSir' section of 3rd West and 6th South Streets; thence along the arc
o of a curve to the left, having a radius of 518.66 feet, a distance
CO of 55.7 feet; thence along the arc of a curve to the left, having ,
a radius of 193.85 feet, a distance of 124.0 feet, more or less,
to a point in the west line of 3rd West Street.-
The location of the center line of said track is graphically shown ,
in yellow upon the attached print, which is hereby made a part of this ,
ordinance.
SECTION 2. During the term of this franchise the grantee shall
69
be subject to the following conditions:
(THIS ORDINANCE REPLACES BILL NO. 62 WHICH WAS IN ERROR)
-2-
(a) That said track shall be laid upon and conform to the grade of
said st' -et and shall at all times be maintained by the grantee to conform
to the !, ade of said street, and if said grade is afterward changed by ,
ordinan• of the Board of City Commissioners, the grantee shall, at its ,
own exp: se, 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, •surfaced or repaired, the said grantee, its successors and assigns
shall p- e, 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, r with such other material as may be approved by the Board of
Commissi ners, and all ties shall be laid upon a concrete base of such ,�
thicknes as shall be directed by said Board of Commissioners.
(c) Said track shall be laid and the road operated so as to cause no
unnecesslery 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 ofi all trains, engines and cars operated by the grantee, its successors.
and assi,,ns, upon said track.
(e) If, in putting in said track said grantee shall remove or in any -
manner ' terfere with the pavement, sidewalks, curbs or gutters on said
street, it shall replace such pavement with the same or with such other
materia as shall be ordered by said Board of Commissioners and shall re-
place
s h sidewalks and such curbs and gutters to the satisfaction of
said Boa d of Commissioners and shall so construct the gutters that they
will al .w 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 Commissioners.
(g) Good and sufficient conduits to convey water shall be laid and
maintain d in good condition at the expense of said grantee in all water
ditches rossed by said track so as to admit free passage of water.
SE LION 3. Nothing in this grant shall be so construed us to prevent
Salt La. City or its authorized agents, or contractors, or persons or
-3-
corporations to whom a franchise may have been or may hereafter be granted,
from pav'ng, sewering, laying gas or water mains, pipes or conduits,
altering repairing, or in any manner improving acid street.
S1"IUiv 4. Said grantee herein, its successors and assigns, shall and
by the Lion
of the privileges and franchise herein granted and in ht conside ion of the same, does hereby bind itself, its successors and
assigns, upon its acceptance of the franchise, to save said City harmless
from al suits, claims, demands and judgments whatsoever, whether in law
or in e.,aity, which shall be asserted, found or rendered in any manner
whatsoe r against said City for injury or damages to abutting property, •
persona injuries or otherwise, by reason of the granting of this franchise
or by re son 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 s 11 be found against said Salt Lake City; provided, however, that •
said gr tee, its successors and assigns, shall have had notice of any such
suits a d 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 con-
structiiin, operation or maintenance of said track.
SEITION 5. This franchise is granted for the period of fifty (50)
years f lom and after the passage of this ordinance; provided, however, that -
if for period of nine consecutive months during the life of this franchis-
said sly- 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 Bord of Commissioners; and if so ordered by said Board of Com-
mission.ro, said track shall within thirty (30) days thereafter be removed
and the street restored to a condition uniform with the balance of said str et-
with re:pect to grade, materials and construction and to the satisfaction of
Isaid Bord of Commissioners. In the event of the failure of said grantee
•
-4-
to remote said track and restore said street upon such order and within '
said thiirty (30) days, the said work may be done by Salt Lake City at the
expense of the grantee.
SEITION 6. Unless this grant and all the terms and conditions thereof '
shall b accepted in writing by the grantee herein within thirty (30)
days af,ler the taking effect of this ordinance, and unless such track be
constru,;ted within one year from the date of such passage, then this ordi-
nance stall be null and void.
SEI(TION 7. In the opinion of said Board. of Commissioners it is
necessaiy to the peace, health and safety of the inhabitants of Salt Lake
City, glafi; rtat this ordinance become effective immediately,
h 1l'I9N E. This ord j ce shall take effect upon its publication.
' iae'i 'by the }Board of commissioners of Salt Lake.City, Utah, this
14th'cd� ;of-A):atober., 1954
/` r
)if- �= MAYOR
/ N
.
City Re iorder
( S E I. L )
BILL di. 69
Publis ed October 18, 1954
J I.GASEj o;
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( ' PURITY
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�-
la ' .7 UNION PACIFIC RAILROAD COMPANY
ry sa " , I I Salt Lake city,-Utah-.
3 RP- WEST Qsr. Proposed Franchise from Salt
vo Lake City Corporation to cover ,
M New S
-- ' = 6th Sou Track 3rd West &
thStreets,
C / �� � ti Scale: In 1- lOO' August 26, 1954
v/ -.
~ Utah Division - - - .. 2232
' LEGEND
r - Proposed New Spur'Track
ShowM
t-AtiRE,N l // - - - - -or - - -Yellow
6 9
Vrout art Ipixftttraitntt
Thtitrh Omits of.Ainrrira
COUNTY OF SALT LAKE ss.
STATE OF UTAH
AN ORDINANCE(GNAWING'r6THlrl
OREGON ,SR011'1' LINK, RAILROAD
COMPANY (UNION PACIFIC RAII,II
ROAD COMPANY,LESSEE), ITS SVC',
CESSORS ANI)ASSIGNS,TI115 RIGHT',
TO CONSTRUCT, OPERATE AND D. M. Ockey
MAINTAIN. A STANDARD GAUGEI
RAILROAD SPUR'ABACK IN,ALONG 1 -.—--—-- -AND ACROSS 1111' WEST WAIF OIL
THIRD WEST STREET, EXTENDING
•NORTHWESTERLY IN A CURVE A
nAeaN oe A°° 170.7 PE ET IN
FIFTH
being first duly sworn, deposes and says, that he is the Principal Clerk of
AND SIXTH'SOUTH .STIIOI'.FS, ALL
1N SALT LAN CITY, SALT LARK
COUNTY,STATE.of I:Tnu.
BE IT ORDAINEDthe DESERET NEWS SALT LAKE TELEGRAM, a newspaper published in
AND BOARD ORY TIID MAYfIR DE CITY CITY,' SALT
CBS OF SAfY,'LAKEH: CITY; SALT
LAKE CSECTION
;nisi I(:
Line F1i Naa'Company.(Unio>nP;dirt. Salt Lake City,Salt Lake County,State of Utah.
Railroad aonma,yls Losssee)il'ts sueees-
sots>and an a same is
hereby Y.ranted the right to construct,
operate and d maintain .standard eatt,e An Ordinance
irmead track in.Third along and a That the Notice
e wen(inor a teela We'd Street,
distance cxtea 179.7 of etty i
i anca of located
Peet i saFif h'and
n
n
Sian area LStret Hell in Fifth aka
Ciao, South sheets, all ;n sap was Granting to Oregon Short Line SR Co, right to
theSally Lake County,'State k Utah,it
location of Ito. s e track where
t. ,sad `o,hhe west
;had
Third Wes • the ° R'alf in, Construct Spur Track.
Third wr l le at e, d s o,teac IWing-
. ar P
colter Ilse o[said slue track -- ---
Eotimvs:
Beginning at the point of .switch; Salt Lake City Bill No 69
• f Proposed-s r track which A 5.0,
teat west and 1582 set north of
the Monument at the intersection o1. - --
are West and 6ni South Streets;
thence along the arc a curer IA
the left, havinq radimf 510.66
felon
t. thet-ance r f 51.'fi t:thee l ne I. of which a copy is hereto attached, was first published in said newspaper in its
having a radiusf 193,05 feet, d'f•
m Lance r 124.0 et, h le.{.r.to.
a
Paint in the west line`a£and We}I
Street_ issue dated the_ 18th
The said tracke non soh ally shown f the center lin imy t
yt-
lose upon the Aattached pOnt,which ao
hereby trade a part of this ordmano '. day of.. October 19 .54.
SECTION 2.During the tern of th s
franchise the grantee.shall be.Subdt tL
to tit,following condition:
and eThat saidrn trackthe, shalt o ieeI �ynYYp l i and was published in each daily issue of said newspaper, on
and shall at all tnes be n dpp'leMe aa
by the i.dance to cenfoon to ihd act ,I,.1•
of said street,and if said grade iS
n a o,atter-
ard chanted by er din nce f'the I for
'Board of City Commissioners,
antee shall, at its p
rat 94'.
change the elevation,of the track So
as
aaii to
ireet where salt( one time
track is constructed,Han bn payed.
r( thereafter,the full period of
uafaced a red,the said anise„
its s and a Shallh pate„
cue successors s
resurface or repair between the r.,ils,
and for a t ace of two(2)feet entaideb the last publication thereof
f eahlt rail with the same kind of,
- -- -------- -
I h Lh. not I .d l 1 t Pp SA'
by the BOArd of Commi,sioners, 1t
baselof ucb thinness as_Han be p j being in the issue dated the Zgth day of
acted by said Board of cmnmtssioncre.,
(l Said ih k shall he 1 11 and the'
road operated -inOctober / 54
a i I p , -rt te orsaid t i s e common on -- ,A.D.19
h t is laid
Subscribed and sworn to before Ile this .........._.2Oth. da of
October
,A.T). 19
•
Notary Public.
My commission expires Nov 25 1957
Advertising fee $.
...Ids Salt Lake tit-I'_ s the rieht
to late and control the o speed o At
trains, Anil a:itc,lt ll,
the grantee.its succession and assign
uponsr,id 1a'aca.sn assigns,
ill If, putting in aid track said)
grantee shall remove or in
a Ian
intcafcro with the nt nsidewalks,
orbs or putters onsaid street,it shall
replace,such pavement with the same
or with such oiliermaterial as shall be
ordered be said Hoard of Comini.sstao-
andnd .shall replace such sidewalks
suds curbs and cutlers to the sacs•
faction of said Board of Commission-
ers shall so construct the potters
that they will allow thy free
of ,ter aml be to the satisfactions of,
said Board of lee isslou crs.
fD Said grantee shall nut in and'
talnlain such crossings track
shall from time lo e time cs rnrluired
by said Board of Commissioners.
Oh hood and sufficient a onduits to
voter hall be laid and ma(aim, sooA
,s condition at the
Pene of aid anted all water
ditches crossed by said track s as to
rc admit£ ep of voter, o
SECTION 3astNothing in this grant,
hall be so construed as to prevent Salt
Lake City or its authorized agents,o
'contractors,o rations
to whom n Franchises'may halm been
I or y hereafter he p anted,frontv-I
ingI n ins$epipes hs ralaying r ,altering,
or water
-
conduits,al ner mmo pairing,
ving
said.dcceL.
SECTION 9_Said grantee herein,its,
sl I successors and a shall and by
I too of the privileges and
franchisee herein grantedand 111
<i4n
sidcla:ion of the same, does herrby
hind itself,its successors
and a
liken its acceptance of the franchise,to
nt said City harmless from all sods,
clnoma,demands and judgments what-
'solver, whether in law or in equity,
which shalt be asserted,found o
'dared inanysus manner whatsoeeerI
ut said CC'ievncori r ':
against
o`�tuna property,personal i
otherwise,by ryes of them
ins of this franchise,a reason
the Istruction operation aid track tad that LOsgrantee,horcin sil
SderdSPOVS and sslpns, will pay ainount of a :judg t,detchn anti:'
or od Judiction Which
in any
suit
proceedingmay bo o shall be fount,
Ist said Salt Lake CA, PTA/Vide;
hoiadwever, that sold grantee, its tf
and shall has had
Censors sof any such suits and a
and
to a and defend the se
and sold grantee, its same;
all
lions.shall.a and arLakeld ad
toe anys brought or st damage
Lake city caltl
for r damage by rensoo
of the construction.sa operation on team
ten of said track.
SCChe I period
o.'fhu franchise o fed
for the P rod s fie Ohl thi years from
and aft r the passage f this n
ovined,however,that if for as imd
or cane months lis during-the
life nine
this f franchise said u.:clr
not used ne the a which
is sa f sulbvshantfal abandis onment nmeed, lnnt if
fof tiere
the
ose of Said spur ror s aid I
a
Said fro ncltisc hall lie voidabI,
our-
noses,c option of said Board com-
missioncts,of ml if so yPI,s rid.by sail'
I Boarshalt f (pIirty(ate slay,
saidhtoltek
shall within and
thirty fs0>et restored toes'
be removed and the street restored to a
nt stre uniform with the balance a-
card street with respect to adado m
satisfy and o,'d Bar mid to, ,,s
)ners.In of said Board t of Cmnm is
son in the event of the failure
astir ante¢street
I said track and
within
said sheel t such order and I
workn said n i leeIO' the City l
work may be done e Salts Lake Cityl
at the a Unless
the a gran.
SECTION n5elinl ass this thereofions and all,
alit
becaeOentadnin riling bytilegroat,.
heroine within thirty f201 day after
the taking effect of this aIdl n,;nco,
• and unless such track be constructed
within oIt r from the date of such
sage, then m
this ordinance shall be
null and n
I Boar.CTION In d of o,,te.mi ssionncre optniss necessary.ad
` the peace,health and safety of the
inhabitants mof Salt Lake City, -Utah,
that this ordinance become effective
immediately.
SECTION 8. This ordinance shall
take effect u its publication.
P,sSed the Board f of f
Commis-
sionersSolt Laln City, Utah. this
14thday of October.1059.
BAAL J.f.LADF,
IllhA P.BITNEIt, Mayor.
i'A I,l crs Rol
Bust.NO-d9
Published October 18,IO54.
69