74 of 1947 - Franchise granting to Oregon Short Line Railroad Company ( Union Pacific Railroad Company, Lessee ) 'ORDINANCE `
j_ {
AN ORDINANCE GRANTING TO THE OREGON SHORT LINE RAILROAD COM-
PANY (UNION PACIFIC RAILROAD COMPANY LESSEE) A FRANCHISE TO CON-
STRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD TRACK OVER
AND UPON SOUTH TEMPLE STREET BETWEEN EIGHTH WEST STREET AND NINTH
WEST STREET IN SALT LAKE CITY, UTAH.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF SALT LAKE
CITY, UTAH:
Section 1. A franchise is hereby granted to the Oregon Short
Line Railroad Company (Union Pacific Railroad Company Lessee), its
successors and assigns, to construct, operate and maintain a
standard gauce railraod track over and upon South Temple Street
between Eighth West Street and Ninth West Street in Salt Lake City,
Utah, the center line of said track being more particularly des-
cribed as follows:
Beginning in the center line of the present operated
main track of the Oregon Short Line railroad in South
Temple Street 75 feet south of the southeast corner of
Block 57, Plat "C", Salt Lake City Survey, thence along
the center line of proposed track along the arc of a
curve to the right having a radius of 942.29 feet for a
distance of 80.3 feet; thence continuing on the tangent
to said arc north 84° 16' west 105 feet; thence along
the arc of a curve to the left having a radius of 942.29
feet a distance of 94.2 feet; thence continuing along
the center line of the existing track which is tangent
to said arc for a distance of 380.5 feet west, to the
east side of Ninth 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,
its successors and assigns, shall he subject to the following
conditions, 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 of the track so
as to conform to the same.
(b) Whenever said street where said track is constructed
shall be paved, repaved, resurfaced or repaired, then said grantee,
its successors and assigns, shall pave, repave, resurface or re-
pair between the rails and for a space of two 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 Commis-
sioners.
In the event said grantee shall fail to pave, repave, resur-
face or repair and surface any area as herein required for a
period of thirty (30) days after notice from the Board of Commis-
sioners so to do, the City shall have the right to pave, repave,
resurface or repair between the rails or said surface or area and
the grantee agrees to reimburse the City for the total cost of
said work, labor, and material.
t
(c) The 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) 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
of free passage of water.
(e) 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 the track aforesaid. Neither the
engines nor cars shall be permitted to remain on said track.
(f) If, in the replacement or maintenance of said track said
grantee shall remove or in any manner interfere with. the pavement
sidewalk, curbs, gutters or waterways on said street, it shall re-
place such. pavement with the same or such other material as shall
be ordered by the Board of Commissioners and shall replace such
sidewalks, curbs, gutters and waterways to the satisfaction of the
Commissioner of Streets and Public Improvements and shall so con-
struct the gutters and waterways that they will allow the free
passage of water to the satisfaction of said Commissioner.
Section 3. Nothing in this grant shall be construed so as to
prevent Salt Lake City or its authorized agents, contractors, per-
sons or corporations to whom a franchise may have been or may
hereafter be granted from paving, sewering, laying gas or water
mains or pipes, altering, repairing, or in any manner improving
said street, but all such improvements shall be made with as little
injury as practicable to said track and the operation thereof.
When Salt Lake City undertakes to place any utility under said
track, the grantee shall at its own expense underpin and protect
its track while said utility is being placed under the track.
Section 4. The said grantee herein, its successors and as-
signs, shall, and by the acceptance of the privileges and fran-
chises herein granted and in consideration of the same, does bind
itself, its successors and assigns, upon its acceptance of this
franchise, to save the City harmless from all suits, claims, de-
mands 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 or
otherwise by reason of the granting of this franchise or by reason
of the operation of said track, and that the grantee, its succes-
sors and assigns, will pay the amount of the judgment, determina-
tion or adjudication which in any suit or proceedings may or shall
be found against Salt Lake City, and the said grantee, its succes-
sors and assigns, shall appear 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, provided,
however, that said grantee, its successors and assigns, shall have
had notice of any suits and an opportunity to appear and defend
the same.
Section 5. This franchise is granted for the period of fifty
(50) years from and after the date of the passage of this ordi-
nance, provided, however, that if for a period of nine consecutive
months during 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
-2-
-
%(
.
•
•
!!
•
•
• • •
-
•
• • • —
•
a
•
•
•
•
' •
•
.•
.
•
.
• •
•
.
•
•
•
•
•
and the street restored to a condition uniform with the balance
of said street with. respect to grade, materials, and construction
to the satisfaction of the Commissioner of Streets and Public Im-
provements. In the event of failure of said grantee to remove
said track and to restore said street upon said notice and within
thirty (30) days thereafter, the work may be done by Salt Lake
City at the expense of said grantee.
Section 6. Unless this franchise and all the terms and con-
ditions thereof shall be accepted in writing by the grantee herein
within thirty (30) days after.:this ordinance becomes effective,
and unless said track be constructed within two years from the
effective date thereof, then this ordinance shall be null and void.
Section 7. Whereas in tie opinion of the Commission an emer-
gency exists, this ordinance shall take effect immediately after
publication hereof.
Pas ed by the oar 'of mmissionere of Salt Lake City, Utah.,_
this Z day of , A.D. 1947.
MAYOR
CITY RECORDER
-3-
t
•
• e-
a C.e./ -14144
Presented to the Board of Commissioners
AND PASSED
SEP-21947
CITY RECORDER
.etat .s= sryr
10 I
ROLL CALL )
VOTING AYE NAY
Salt Lake City, Utah, , 194
Affleck
I move that the ordinance be passed.
Matheson . .
Romney
"3.
Tedesco
Mr.Chairman . .
Result •••'
/ #
•
•
Affidavit of Publication
STATE OF UTAH,
ss
County of Salt Lake
• ORDINANCE
AN ORDINANCE GRANTING TO
THE OREGON•SHORT LINE RAIL-
P COMPANY 1VNOON PACIFIC
ILR4AD QOMPA Y LFdBEE 1 A
,tt{p.yd80--+TP CON99TRUgT:, D
R1tTE -AND"E RAIL 'A M Ookg
.TRANDARD RAND'• RAILROAD 4
TRACK OVER AND'UPON SOUTH
rf
EHDMITH STREET BETWEEN
'.EIGHTH WEST STREET AND Reing first duly sworn,deposes and says that he is the ad-NINTH WEST STREET ]N'SALT
LAKE CITY, UTAH.
BOARD OF'BE IT ORDAINED BY 'THE vertising clerk of THE DESERET NEWS,a newspaper
SALT LAKE CITY.UTAH:
OF
Section I.A franchise'is hereby published in Salt Lake City,Salt Lake County,in the State
granted to the Oregon Short Line
Railroad Company
f U Its
Railroad Company 'Lessee),
Its
successors A igneLtocostruct of Utah.oeated maintain a standard
gauge'railroad track Over and upon
South Temple Street between Eighth
West Street•and Ninth West Street
1n Salt Lake .ltv;Utah,the peril- That the advertisement
In 1 sc track being more peril-•
described as follows:
Beginning in te penile line of
the present operated main track of 0rdinanee Bill No 74
the OregonTemple
Line railroad In
Temple South Street RS feet south
of-the southeast er• f Block 57,
.Plat-•' , Salt Lake city Survey. Salt Lake City
thenc tutting the cents hoc.of posed track long the ar of n
to the tight having a radius
tf .feet9 feet for distance of
o t thence continuing.on the
tangent6m n said north 84 deg.
the
min.west curve
feet;thence lov-
ing'arc d a L. the left dis-
tance„t'�.2 feet:'?hence"eontitth- was published in said newspaper in its issue dated the
begg, long-the ter•line 1 the ) t
existing'track which Is tanggent to.
•said arc for'a distance'f 380 d teat
east ast Ida et Ninth West dayof A.D. 19
'Of Taed location tratik ls of Ake
en teshown'
In yellow upon'.tgraphically
e a attached print, S`
Which 's hereby made a part of and was published en t 5_.1947
his ordinance.
Section 2.During the term of this
cessorgi"' theassigns,
grantee,shall e" `- the last publication thereof being in the issue dated the
and aerhall be cs b-
)e,t to the following conditions, Ig.,
Val The slid track shall be laid
grans and conform
rm toUthe established
blishedIf said //
grade is afterward changed by day of • --1<t-. .D.19
or-
dinance f the Board f Commi-.
stoners, the grantee.'shall, at.Its
expense. ange'the elevation
of the,track so as to conform to the
°1mOile. Whenever said s4reet. where Advertising Clerk
said'track Is r,o nstrueted shall be
Paved. peved. resurfaced r re-
patted...then said'grantee, it sun-,
andt assign.°. pave,r {
pave,resurface repair between
the rail and fora space f two
feEt outside of each Fall with the'
same kind of maerial used on said 6th
street.o .with such other material corn to before me this day
of•may
Isninn roved• y the Boars of
Pali tIn
the pave,eepave event eald ere urfacerantee hall or A.D.19-._47-
leatr and surfe env
rerem required for a periodarea of thin
ty(30)days after notice from the
Board of-Commissioners ao to do,
the City shall have the right to
air
between the`ails or aid or
In. ._----
area end the grantee ogre.to re
imburse the•City for the total cost
'of said work.labor, end material. - ----
a'd)the Broad.operated said track tasl p°slato Notary Publi
tothe co ae no nd ordinary impediment
to
said street,upon which'it is laid.
' Id) Good and'sufficient condi-
dui.to-convey wator Shall be laid
and rspeoe fined In good conditionat
the expense of said grantee In all
water ditches o ed by said track
so s to admit`of free passage o1
Water.
Proof of Publication
OF
Attorney
•
r) 69att Lake City reserv5s the
right to regulate and Control the J
speed•of All,ttralne, engines and
ucaeesrrsatand 4Y th grantee.
pon'.the
track aforesaid.assigns.Neither u the en-
gines nor hall be permitted
to
femin on said track.
(f) 1f, In the replacement or•
maintenance of said track said
grantee shall re or in any man-
ner with the pavement.
sidewalk, curbs, gutters or water-
ways on said street. it shall re-
place such or such pavement
materialr vementwith theas s be
ordered by the Board of Commis-
sioners and shall replace such side-
walks, Curbs, gutters and water--
ways to the satisfaction of the Com
Imprloveinents f Streets halllntl Public
050-
1.eruct the gutters and waterways
that they will allow the free passage
w of water to the satlefacon f said
Commissioner. -
Section 3.Nothing in this grant I
shall be construed so s to prevent
Salt Lake City or its authorised
agents,contractors,persons
porations to whom a franchise map I
have been or may hereafter be
orgranted
Ing gas fromw ter paving,mains
s e pipes,
repairing. o in or any
ipes .
proving id[street, but man-
ner all
such Improvement, shall be made I
to with
h ea said Iile track an
d
as the practicable
thereof.When Salti Lake City under-i
takes to place any utility tinder said I
track,the grantee shall at its own
expenee underpin •d protect Its
track whie said utility Is being
pieced under the track,
Section 4.The said grantee here-
in.its successors
s c s and assigns,shall,
and by the acceptance of the priv-
ileges and franchises herein grant-
ed and In nsitlerstion of the same,
•does bind pitself,Its a end
o
assigns.upon Its acceptance of this
nohlse, to save the City harm-
`less from all.sults,maims,demands
and Judgments whatsoever,whether
I in law In equity.which shall any I
•asserteed, form rendered m
hatsoever, against raid
Cltyntor Inlury or damage to abut-
ling property or
othetwlse by rea-
son
of the granting of this fran-
chise or by reasonof the operation
of said back and that the grantee.
its successors'and assigns,will pay
the amount of the Judgment.deter-
minalton or adjudication which-in
any suit oi proceedings may of
shall be found against Salt Lake
City,end the said grantee.its suc-
cessors and assigns, shall.appear
in and defend all actions brought
naalnst Salt Lake City for any In,
Jury or damage by reason of the
nstruction, operation,
or
ten ante-of said track, provided,
however, that said.,grantee, Its
meeassora
, s and assigle and
hall have
had-n tice of any a p-
portunity.to appear d defend the
eaSerlion S.This franchise Is grant-
ed for the period of fifty(501 years
from and after the,date of the pas-
,sageof this ordinance. provided.
however,that if for a period of nine
consecutive months during the life
of this lranchtse said track or
part thereof in not'used for the
• pu
rpose
or if which
therea Isfranchisea
anc sub(
Mantis' abandonment of Ills suse
• I said track or Y part thereof,
this franchise shall be voidable At
the option f the Board of Commis-
fonera, •d If so ordered by the
Board of Commissioners,said track
I shall,within thirty i301 days after
notice,be by said Grantee removed
from the street and the.street?e-
1 stored to e o ndton lmirorm wh
-halanoe-a sold rtreat with r
spent to grade,materials.and con-
struction ss to the Streets
of the
Commission,of Streets and Public
Improvements,an the event of fail-
ure
of said granter to said
track and,notice
restore Wr hid40s Erect
(30n said wee and Within may
t001 days thereafter,er,the work ➢
be done by Salt Lake,City at the
expense of said grantee,
Section 0. Unless this conditions
and all the terms and
thereof
the grantee herei accepted Within In wthirie
r301 days after this ordinance.be-
I comes effective. and unlessi said
two
years
artrack be constructed from the effectiv4 date there,
I of.'then this ordinance shall be
•nun and void. '
of the nCmnmtkeloh a1t rhe em rrggelee
aidete,this ordinance shall take'
!feet immediately,after publication
twee, •
Paeaed by the Board f Commie-i
t1'opera f gait Lake City, Utah,'
his gtl day Of Sleptemahb ,AA,1947
EARL ll.GLADE,
•Mayor
IRMA F.BP
City Recorder.
(SEALS
ub i P shed September 5,1947
7y