Loading...
7 of 1980 - Granting the Denver & Rio Grande Western Railroad Company a franchise and right to construct, opera LAW OFFICES OF VAN COTT, BAGLEY, CORNWALL & MCCARTHY esxeer. 1e_ xvnreic. LEOPJADO LOWS 141 EAST FIRST SOUTH MAX D.LEWIS KENNETH YE rvE sJoF Fs,FFR Es SALT LAKE CITY, UTAH B4111 ecry 1eso,eso rvnoiF. - TELEPHONE S32-3333 BENNETT. SUTHERLANO 6 SAN co.r " AREA CODE 801 ies6loo, S,AEPLAND PAN COAT 6>,.,,e„ May 9, 1980 .1017 e E IV �A. se. ,=,.erv„ LARSEN A.SCoir SEAR L KEL ER SOSO.¢ .rvorv« riELI. MAY 1 2 980 «�..eee 4srv.ery ;4) Aie Ray L. Montgomery, Esq. '� f Assistant City Attorney MA Salt Lake City Corporation GCP #75 AI Law Department 101 City & County Building Salt Lake City, Utah 84111 Re: D&RGW Application for Spur Line 1500 North, Salt Lake City, Utah Dear Ray: As you know, this office represents the Denver and Rio Grande Western Railroad Company. We are writing this letter to accept on behalf of the railroad the ordinance passed by the Salt Lake City Council on the 19th day of February, 1980, and first published on February 27, 1980, which ordinance granted to the Denver and Rio Grande Western Railroad Company a franchise to con- struct, operate and maintain a standard gauge railroad spur track over and across 1500 North Street approximately 200 feet east of 800 West in Salt Lake City, Utah. The railroad shall, of course, observe all the terms and conditions contained in the ordinance. In informal conversations with your office, it has been suggested to us that no objection would be made if in fact this written acceptance was tendered to you later than 30 days after said ordinance took effect. We assume that you now have no ob- jection and that there shall be no question about the validity of the ordinance because this written acceptance is being delivered to you at a time which may exceed the 30 day period. Once again we would state that, for the reasons set forth in earlier correspondence to you, the Denver and Rio Grande Western Railroad Company does not concede that it is legally obligated in 1' VNN ,., , OHIa LC,, �.v nrvvrr�1- a i i ,rn1n. Ray L. Montgomery, Esq. May 9, 1980 Page Two the future to acquire any similar franchise for similar rail line construction in Salt Lake City. We appreciate your cooperation in this matter. Very truly/ ruly 'ours, Ke rr t W. Yeates KWY:pag cc: Mr. Chad Chesnut Mr. Robert F. England Mr. Cecil Pearson �i/ 4/ ORDINANCE AN ORDINANCE granting to the Denver & 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 1500 North Street approximately 200 feet east of 800 West Street in Salt Lake City, Utah. Be it ordained by the Mayor and Council members of Salt Lake City, Utah: SECTION 1. A franchise and right of way is hereby granted to the Denver & Rio Grande Western Railroad Company, its successors and assigns, hereinafter Grantee, to install, operate and maintain a standard gauge railroad spur track over and across 1500 North Street approximately 200 feet east of 800 West Street in Salt Lake City, Utah, the center line location of said tracks being more particularly described as follows: Beginning at a point in the North line of u 1500 North Street, said point being 696 feet North and 713 feet West from the Southeast corner of Section 23, Township 1 North, Range 1 West, Salt Lake Base & Meridian, thence southerly along centerline of said track on a curve having a radius 359.265 feet, a distance of 68.02 feet to the south line of 1500 North Street. Chord to said curve through the street area bears South 14°22' East. SECTION 2. During the term of this franchise, the Grantee shall be subject to the following conditions: 1. Said track, and the roadway between the rails and for a space of two (2) feet outside of each rail, shall be maintained by the Grantee as required by city and at all times conform to the grade of said street. If said grade is changed by ordinance by the city council, the Grantee shall, at its own expense, change the elevation of the said track and roadway so as to conform to the same. If any maintenance on said roadway is not completed within seven (7) days after written notice from City, City may per- form such maintenance or repairs to said roadway as it deems necessary, pursuant to said notice, for which Grantee will entirely reim- burse City upon presentation of its bill. Grantee will pay any costs or expense incurred in collecting such maintenance costs, including reasonable attorneys fees. 2. Whenever said street where said track is constructed shall be paved, resurfaced or repaired, said Grantee, its successors and assigns shall pave, resurface, or repair between the rails and for a space of two feet outside of each rail with the same kind of material used to surface such street, or with such other material as may be required and approved from time to time by the City Council, and said surface shall, at all times, be laid upon a concrete base of such thickness as shall be directed by said City Council. 3. Said track shall be operated and maintained so as to cause no unnecessary impediment to the common and ordinary use of said streets by pedestrians and vehicles. 4. City reserves the right to regulate and control the speed of all trains, engines, and cars operated by Grantee, its successors and assigns, upon said track. 5. If, in maintaining said track, said Grantee shall remove or in any manner interfer with the pavement, sidewalks, curbs, or gutters of said streets, it shall replace such pavement with the same or with such other material as shall be ordered by said City Council and shall replace such sidewalks, curbs, and gutters to the satisfaction of the said City Council and shall so construct the gutters that they will allow the free passage of water into the city's drainage system, and in all respects be satisfactory to the said City Council. 6. Said Grantee shall install the type of materials for and maintain crossings over said tracks in the manner required from time to time by said City Council. -2- 7. If not already provided, 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 tracks so as to allow the free passage of water. 8. Grantee shall upon expiration of this franchise, remove all rails, fasterings, ties and any underlying structure of supporting material, if required in writing by city, and restore the underlying street to the same or better condition and surface as exists in the rest of the street with respect to grade, under- lying material and surface over the areas described above. SECTION 3. Nothing in this grant shall be so construed as to prevent Salt Lake City Corporation or its authorized agents, contractors, persons, or corporations to whom a franchise may have been or may hereafter be granted, from paving, laying sewer lines, laying gas or water mains, pipes or conduits, altering, repairing, or in any manner improving said streets. SECTION 4. Said Grantee herein, its successors and assigns, shall and by acceptance of the privileges and franchises herein granted and in consideration of the same, does hereby bind itself, its successors and assigns, upon its acceptance of this franchise to save said City harmless from all suits, claims, demands, attorney fees, 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 damage to abutting property, personal in- juries, or otherwise, by reason of or arising out of the granting of this franchise, and that Grantee herein, its successors and assigns, will pay the amount of any judgment, determination or ad- judication which in any suit or proceeding may or shall be found against said Salt Lake City Corporation; 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 same; and said Grantee, its successors and assigns, shall appear in and defend all actions brought against Salt Lake City Corporation for -3- any injury or damage by reason of or arising out of the construction, operation, maintenance, or use of said track. SECTION 5. This franchise is granted for the period of fifty (50) years from and after the effective date thereat provided, how- ever, that if, for any period of nine consecutive months during the life of this franchise said spur track, or any part thereof, is not used for the purposes for which this franchise is granted, or if there is an abandonment or nonuse for nine months of such spur track or any part thereof, said franchise or the applicable part thereof shall be voidable at the option of said City Council; and if so ordered by said City Council, said track or part thereof shall, within thirty days thereafter, be removed and the involved street restored to a condition to conform with the balance of said street with respect to grade, surface, and underlying materials and construction, to the satisfaction of said City Council. In the event of the failure of said grantee to remove said track or part thereof and restore said street under this or any preceding para- graph, upon such failure and thirty days written notice has been sent, said work may be done by Salt Lake City Corporation at the entire expense of Grantee, including any costs of collection of said expense, including attorney's fees. SECTION 6. 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 properly maintained as prescribed above, then this Ordinance shall be null and void. SECTION 7. In the opinion of the City Council, it is necessary to the peace, health, and safety of the inhabitants of Salt Lake City, Utah, that this Ordinance become effective immediately. SECTION B. This Ordinance shall take effect upon its first publication. -4- Passed by the City Council of Salt Lake City, Utah, this 19th day of February , 1980._, CITY RECO-D (SEAL) BILL NO. 7 of 1980 Published February 27, 1980 —5- Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake -- -- ORDINANCE I Shana D. Conaty AN ORDINANCE gr. tin}totheCraver&Rio 6,mee Western right 1 Railroad C uhr t y and s tab, standaid vacate raitroarf spur track Over d across 1.500 North Streetapproxi- mately 200 feet bast of West Street in Salt Lake City,Uta. Be it ordained Ut •y the Mayor and Council members df salt Being first duly sworn,deposes and says that he is Iegal Lake Cif y,Uloli:d,e Cenverr&Riau Grande right ern"'Raiay l eAttlCompany, advertising clerk of the DESERET NEWS, a daily t. ops rn and assigns,,natal` `ter Grantee. p (except Sunday) newspaper in the operate „cr ss 150in Street gauge railroad per track p YprintedEn I1Sh ana[across I500 Norio setter z pronimalely Elio tell navyg o Roo West Sheet r Salt Lake City.Utah,me center line Inca• language with general circulation in Utah, and ofion of said tracks beingmote particularly described as fol- lows, g b published in Salt Lake City, Salt Lake County, in the Beginning at a point.inthe North Ilse of 1.500 North Sherri, Y Y Soid point heing 696 Ices North and 713 feet West learn, State Utah. utheast corner of Section 23,Tt,tO clip 1 North,Ranger) of Utah. West,Salt Lake Base&Meridian,thence southerly along centerline of said track on a curve havingradius 3i9.265 feel, distance of 68.0E feet to the south ine of 1500 No-1ii Street.Chard to said curve through the street area bears That the legal notice of which a copy is attached hereto South IA d..22'East, SECTION 2.During MO term of this franchise,the Grantee shall be subject to the lallowtng conditions: I.said track,and the roadway between the rails and fora Pub notice of an ordinance granting the Denver bvatf two(2).feet.outside of each rail,shall be maintained g g he de antee.as,treet,It by city an at all times conform to the grade of said street,If said grade is changed by ordinance by the ilv council.Ike Grantee.shall,al its own expense, changethe elevation of the said track and roadway as in & Rio Grande Western Railroad Co, the right conform to the s e.If any maintenance on said roadway is not completed within seven(21 does after written notice from iy,City m perform such nainfenancc r repairs to said roadway as it deemsr Bete purs t to sat preseee,for to construct which Grantee 11 entirely reimburse City upon pincurration et its bill.Granter wit,payan costs or x incurred in collecting such mainlenance,cn ls,Including reasonable altos rr ys foes. 2.Whenever said street where said track is constructed shall be l paved,resurfaced or repaired,said Granee,its.suc- thesaa a shall n taulsi,orrepair between rrails and forgo ofsNyo leer outside f each rail with the same kind of material used ip surface such street,Or with thole to time by taw ch other )City Council,a required surface shall,roved at all times,be laid apron concrete base of such thickness as shall Ire directed by said City Council. 3.Said track,trail be operated and,maintained so s to was published in said newspaper on Feb. 27, 1980 cause n e ofsd�iJ streets impediment y Pedestrians and vebleleson and orm- ordi- nary City reserves the right to relpdafe-qnd control the speed of an nano,engines,and cars.ocerated'by Granted its sur- eessors S if,in lit said gns,vow den track.said Grantee 1 I - e withor in any thet id Ile, \� C curbs. guttersmannerid streets,it shall replace h - ) �. l -s\ __\, eni with the l 1 h other to shall by /4'V�C > c ordered by said City Council and shall replace such id talks, /v arts, ,d gutters to the satistaclr.al of Ina said City Council Legal Advertising Clerk and shall o construct the gutters Inat they will allow the free 1 water Into the if,drainage system,and in all / respects be sotclartory to Ito said City Council. ynsn6 said Grantee shall install the type of materials for and \, maintain crossings oversaid tracks the roan.r required from time to time nv.sa City em,ecb. are me this Sth day of 1.If oaf already ,,,(ae good and slmcient 'ra to rarer shall he plaid and m intainee,in good seditionc at the vexpense of said Grantee in all wafer ditches crossed by saitl backs so as to allow the free rr:r;sage of water a.Grfaste fastening, wen nd an underlyingn leis structure of sun- portingn ._,..A.D. 198.9.... tang,aerial.p:,fits and awriting bit, ,d restore ying material, if required in orrbetter city, on and surface I Iexists in the rest or the street with respect to grade,under- ysng material and surtaLe over d described SECTIONS Nothing this grant shall be so construed's ` [ to prevent Sall Lake City Corporation I.authorized J t, franchise t' )- L 9 l r ay have contractors,person's,or may hereafter corporations h.gto whom from paving, '1 ,fK 7�::Ca...:.<:.....rr, laying sewer lines,laving g water in con- duits,altering,repair).,or in or manner improving said Notary Public streets. r SECTION A.Said Grantee heein,it-,s and a shall and by acceptance of the nrivllege>cand franchises Merin elf,it,and is ,si id assig of 11 same,doffs Hereof bind itself,its su arm assigns,1113011 es Hz acceptance llsnit, of this franchise s,[s a,d s, d lodgments from all suits, claims.demands,in egadV fees,and'llhe asset asserted, n d r, whether ere in Ian or in which shell he as id City found or rendered damage in any manner whatsoever against said City for it or be reason to atce ari Property.(( ,al in r other- wise,by rr is o out of Iheogranting aof ss,n,l Iran. H,al t at any herein,its:determins and arsi diu will coy we amount of suit tpeacejudgment,determination all adi found lion which r sI'� proceeding m, or'Hal,Ila found against said Solt,its or essors an assigns provided,hose had o said Grantee,ir.a suits ands and a t sto appear Haar had e�lg_ define of a soft usa ana a rorhmi to nand defend luaus orll said lead all its successorsbrought and as- I shall pupae in and for an all deflates mag n rea- 1 Salt Lake CiisiCorporationout tor any m'ury or damage by rea- son , sing out of the construction,onfrafion,mdinlf „e ur said mark. nonce, rosy end ailed the Is granted e for Inc period at fit no(,N)years from mid after ee d al I date t hoar- d,hin the life that if,s t any period ninetrk,consecutive y part Aar a the iifn at this t t,r Burp said seer track,or air grantee,is rah used for the abandes forcrwhirh this Sfranchisee 1 ie es or if there is k any art th o for oche of such spur track orair voidable of til franchise of or the applicable pant lit soot any part said i id City ai the nil,s id said CityCont.!:te and it so ordered by tail Cisy Council,said track t art thereof hell,within ce,tce days condition tc veal and the involved,sta r ow it t, a onditirn to e. conform and the balancee,saidi materials with respect, grade. and up said lying eimcil aIn and construction,the t,In thef satisfactionol ante of sre ore Cod to a.In the et'here the d rase rr said grantee to remove said hack di nil thereof and restore said street under this o tithe paragraph,u such Bray failure andthirty ts written noticeoCol-boron. ce has sn,a the said ercy- av be done by Salt Lake(:fly,'o in is of at the entire o, Gruding including a costs of colle[tien oil osald c ION 6 Unless th,,aranV expense,SECTION h. mess ceis grant and all the terms and chere- I lions within hityshall(ly ays aft in a takI ov the t ra(his hereOrdi- e d trey la0)days after the taking taint of d is Ordi- nance, artless suched track he properly maiaai nod. ere scribeU above,then this ordinance shall be null anti void. SECTION r., the h of the City inhabit II s neces- sary to the neah, hat th�s ono safety of the inhabitants e- Lake City,Utah,that this Ordinance Mcame ntle[live immf- dinlSv s ECTION a.This Ordinance shell take enact upon its first nub Passed Passed r City Council of;tall Lake City,Man,this 191h day of February,MO. !l'.D L.WILSON MILDFI.D V.O€hi AN1 MAYOR CITY RECORDER (SEAL) PILL NO.I of 1900 Published Fehr..v Cl,1,80 P-il