75 of 1947 - Franchise granting to Denver and Rio Grande Western Railroad Company and Oregon Short Line Railroad /
.._
r"
•, ORDINANCE
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY AND OREGON SHORT LINE RAILROAD COMPANY (UNION
PACIFIC RAILROAD COMPANY LESSEE), THEIR AND EACH OF THEIR SUCCES-
SORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A
STANDARD GAUGE RAILROAD TRACK OVER AND ACROSS SOUTH TEMPLE STREET
BETWEEN FOURTH WEST STREET AND SIXTH 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 Denver and
Rio Grande Western Railroad Company and Oregon Short Line Railroad
Company (Union Pacific Railroad Company Lessee) , their and each of
their successors and assigns, to construct, operate and maintain a
standard gauge railroad track over and across South Temple Street
between Fourth West Street and Sixth West Street in Salt Lake City,
Utah, the center line of said track being more particularly de-
scribed as follows:
Beginning at a point on the south line of South Temple
Street about 200 feet west of the west line of Fifth
West Street, running thence in a northeasterly direction
on an approximate 7 151 curve to the right about 205
feet to the west line of Fifth West Street at a point
about 48 feet north of the south line of South Temple
Street, running thence easterly on South Temple Street
on a 6° 61 curve to the right about 100 feet to a point
of connection with an existing track of the Oregon Short
Line railroad, thence continuing east on said existing
track of the Oregon Short Line railroad about 20 feet,
thence turning out northeasterly from said existing
track of the Oregon Short Line railroad and running
northeasterly on a 6A 61 curve to the left about 110
feet, running thence northeasterly on an 8° 451 curve to
the left about 275 feet to the north line of South Tem-
ple Street at a point about 360 feet east of the east
line of Fifth 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 grantees,
their successors and assigns, shall be subject to the following
conditions, viz.:
(a) The ownership of said track shall be vested as to the
respective portions thereof individually in said grantees in ac-
cordance with an agreement or agreements between them. The said
track shall be laid upon and conform to the established grade of
said South Temple Street and Fifth West Street pursuant to an
agreement between said grantees and Salt Lake City; but if said
grade is afterward changed by ordinance of the Board of City Com-
missioners, the granteesshall, at their own expense, change the
elevation of said tmeek 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 grantees,
their successors and assigns, shall pave, resurface or repair be-
tween 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 Commissioners.
In the event said grantees 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 grantees agree to reimburse the City for the total cost of
said work, labor and material.
(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
grantees 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 con-
trol the speed of all trains, engines and cars operated by the
grantees, their successors and assigns, upon the track aforesaid.
Neither th.e engines nor cars shall be permitted to remain on said
track.
(f) If, in the replacement or maintenance of said track said
grantees shall remove or in any manner interfere with the pavement
sidewalk, curbs, gutters or waterways on said street, they shall
replace 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 construct 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,
persons 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 tosaid track and the operation there-
of. When Salt Lake City undertakes to place any utility under
said track, the grantees shall at their own expense underpin and
protect their track while said utility is being placed under the
track.
Section 4. The said grantees herein, their successors and
assigns, shall, and by the acceptance of the privileges and fran-
chises herein granted and in consideration of the same, do bind
themselves, their successors and assigns, upon their acceptance of
this franchise, to save the City harmless from all suits, claims,
demands and judgments whatsoever, whether in law or in equity,
which shall be asserted, found or rendered in any manner whatso-
ever, 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 grantees, their
successors and assigns, will pay the amount of the judgment, de-
termination or adjudication which in any suit or proceedings may
or shall be found against Salt Lake City, and the said grantees,
their successors and assigns, shall appear in and defend all ac-
tions 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 grantees, their 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
2.
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 grantees removed from the street 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 grantees 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 grantees.
Section 6. Unless this franchise and all the terms and condi-
tions thereof shall be.accepted;in writing by the grantees herein
within thirty (30) days. after this ordinance beaomea effective,
and unless said track be constructed within two years from the
effective date thereof, then tits..ordinance shall be null and void.
Section 7. Whereas in.the'opinion of the Commission an emer-
• - gency exists, this ordinance shall take effect immediately after
.publication hereof. • .
•
Passed by the oar of C issioners of Salt Lake City, Utah,
this , . day of ; , A.D. 1947.
•1 •
OR
CITY RE ORDER
•
3.
•
L
Presented to the Board at Commissioners
AND PASSED
SEP-2 tY347
"- - - CITY RECORDER
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,____ 1_''.•I :1_ Track proposed to be constructed
I HI' ' ,,?, -•:, — . - - in South Temple Street
1 II Z E 1 s s,, P •: ,
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-by---D & R.q..W.R.R & 0.S.L. R.R.
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11 •' g - , to be covered in joint Franchise
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_1'; i , `Salt Lake City Corporation.
p ?.11), 1). .Office- D&RG6112- S.L.Gity.
:ill[ It
- 6-21-1947 Scale 1"-1100t
" sl az;
Affidavit of Publication
STATE OF UTAH,
ss
County
he done by Salt Lake City at the
expense of said grantees.
• Section 6. Unless this'franchise
•and all the.terms and conditions
thereof shall be accepted in writ-
ing by the grantees herein within• .
-thirty__(30) days after this Mei.
,nante bee6MM'affective. and un-
'less raid track be constructed with- i) M Ockey
,in two yearn from the effective date
thereof. then this,.ordinance shell
be null and void.
I Section 7.. Whereas in the opin-!ing first duly sworn,deposes and says that he is the ad-
NCE Ion of the Commission an,emergen.
- cy exists.this ordinance shall take
---'
-effect immediately after publica-,tising clerk of THE DESERET NEWS,a newspaper
ORDINA
I Lion hereof.
ilg ORDINANCE GRANTING TO
THE DENVER AND RIO'GRANDE .2..T:dor WESTERN RAILROAD hod 81,11t Feb Byrk'e'd c'tio.F7V-,-
Ut h blished in,Salt Lake City,Salt Lake County in the State
COMPANY.
thisay ofruary.A.D.1947.
AND OREGON SHORT LINE•RAIL-, EARL S. GLADE.
ROAD COMPANY,(UNION PACIFIC I May". Utah.
I.RAILROAD COMPANY-LESSEE).[ .„.„,,, ,, ,5,,,,,,,,,,,,
THEIR AND EACH OF THEIR RUC- , `"•iii . City Recorder.
GESSOES AND [ASSIGNS;. THE ,L,
RIGHT•TO,CONSTRUCT, OPER. `rt.
BILL NO 75
ATE AND MAINTAIN A STAND-
ARD'OADGE RAILROAD TRA CK P2Lblehed. September S. IPS/ That the advertisement
OVER AND ACROSS SOUTH TEM-
PLE STREET BETWEEN FOURTH
WEST•STREET AND SIXTH EST-W Ordinance Bill No 75
STREIT-IN SALT LARS •CITY,
UTAH.
BE IT, ORDAINED, BY THE
BOARD OF COMMISSIONERS OF
SALT LAE!CITY,UTAH: Salt Lake City
Section 1. A franchise is here-
by granted to The Denver and Rio
Grande Western Railroad Company '
and Oregon Short Line Railroad
Company (Union Puffin Railroad
Company lessee),their and each of
their succesmrs and assigns,in con-
standard gauge
etruct, dperate and maintain a was published in said newspaper, in its issue dated, the
tailroad track over
and across South Temple Street be-
tween Fourth Vest Street and Sixth
Efeet.Street..fjelt Lake CID,Utah.,
INN. amiter:...101,:tat /mid--tra.ck be-, day of A.D. 19
Mg more particularly described ad!
i fellows,.
i Beginning at'a point on the south .
tine of South•Temple Street.about and was published Sept 5.1947
200 feit west of the west.line of
Fit lb West Street, running throne
in a-northeasterly direction on .
approximate 7 deg. 15 min. e.v.the right 2 thepublication
,west line of Fifth West-Street at
•a point about 48 feet north of the'
south line of•South Temple Street,
-running thence easter/y on South /
day of
.
iTemple Street on a 5 deg. 6 min.
curve to the right about 100 feet
[to a point of connection with an
[existing track of the Oregon Shari
Ltne railroad, thence continuing,
east on said existing track of the i [ Advertising Clerk
Oregon Short Line railroad about
20•feet,thence turning out north-
easterly irons said existing track
of the Oregon Short Line railroad •
and running northeasterly on a 6
deg.6 min.curve to the left about
110 feet,running thence northeast-
erly on an 8 deg.45 min.curve to[
the left about 175 feet to the th tnd sworn to be fore me this 6.t.h of
north line of Sou Temple Street
at a point about 360 feet east,Of•
the east line of Fifth West Street.
The location of the Center line 47
of said track is graphically shown
in yell00 upon the attached print.
I which to hereby made a part of
/
this ordinance.
-,Section 1 During the term of
tails_franchise, the grantees. their
t.(:)..._ i •
sudeeissors and assigns.shall be iniliA
Ject to: the following conditions, . -_______vim - • -
(el The ownership of said track .--
shall be vested 0.A to the pespem Notary Pu l ,
Nye portions thereof Individually ill
Mid grantees in accordance with an
iagreement or agree/rents between
them. The said•track'shall be laid
linen and conform to the estab-
lished'grade of roll South Temple
Street and Fifth West Street pun-
,suant to an agreement between said I
grantees and Salt Lake City;but if
said grade is afterward.changed ID
ordinance of the Board of City Coin,
missioners,•the•grantees shalt, at
their own expense,change-the•ele-
vation of..said track an as to rot.
form to the-same:
(b) Whenever:said street Where
said track is constructed shall.be
Paved, repaVed, resurfaced or re-
paired, -then said grantees, Melt
sue:moms and Msigne, shaft pave,
resurface or repair between the rails
and for a space-of•two feet outside
of each rail with the rams kind of
material used on said street, or
with•such other material as may
be approved by the Board of COM-,I
mishioners,. .
.. _
firT
fail-.to pave repave,resurface h or
repair and s f'face any area as here-
in required for a period of sthirty
(30 .dais-after.notion front tiro
Board of Commissioners so 16'do,-
the City shall have the right.to
Pave,repave,ra urface.er'repair be-,
_fween the rail the s or said surface or
area to re-
,imburer dtho-City pa forthe egtaotal cost
of said.- ork, labor and terial.
(o) The said track shall ba laid
and the read operated son-to
unnecessary• impedimentd to
of
the s common noon
ordinary u d.
aid street a which it iso laid.
(et/ Good and sufficient conduits
to convey water shall on laid and
Maintained of raid condition ell
th expend!of se grantees in allk
so as ditches crossed by sass tea no
as to admit offree passage of
Water.
•te) Salt Lake City reserves the
right to regulatell and control and
oared er ell trains,he engines and
operated by the grantees,theirh
oauccessors ars and assigns. upon the
.tranor care
al Neithere the enginest
a Shall be permitted to r-
mainIf) in said trace. placement e in it, in the
maintenance of said track, said
anners ter! removeor In,any
manner interfere with trsr<Pa water-
ways siways on
aidbs, ee.ters n ntl or-
ways s said emeet,they shall r
place such pavement with the game
u is yh er m racial a shall be
sinne1 ordered ny sha. Hoe la of Commie-.
wnika and shall gutters
and ye h ways
walks.curbs,satisfaction
and wCnmmly-
si the oatl.ntrreon of the Commis-
sioner tot-
o} Streets and P colic Im-
p e gmente and shall x at ten
the butters end freewaterwaysse a of they
•will allow the fret passage sa of o wa-
fer to the satisfaction of said Com-
ml Section
Section 3. Nothing in this shall be construed a + author-
ised par-
ent Sglt lake City os sa
corporations-
contractors,persons or
oayohave whom a franchise
se
magranted
have been ormay hereafter l be
-
log Rae from paving,mains
s er pipes
lay-
ing gas or water mrhea Pines ne
Larirc,repairing,said .or in sL manner
Improving said street.madeall wilyauct
n
Improvements injury s practicable
rte c made to i
Ultra injury he practicable to said
track and the City Linn thereof.
When gall Lake.City undertakes rtrack,
la
Place a utility ha under said n ex-
thepen a grantees all their o
track While underpin said andutility Protect
beingr
placed lender the track.
Section 4. The said grantees
u
herein, their and
.signs. shall.and by successors
eaaceptance
of the privileges and franchises
herein granted and in consideration
of the same. do bind themselves.
their successors and:assigns, upon
their acceptance-of this.franchise,
to s e the City harmless from all
suits., claims, demands.and judg-
ments ever, whether in law
njudg-
mentsr 1n equity,
which shall be ac found or rendered In any
man-
ner 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, that thegranteestheir
successors and
assigns, the
amount the determina-
tionjadgment.or adjudication which in any
1t or proceedings
may
be found against Salt Lake City,
and the said grantees,their succes-
sors,and assigns, shall np to
brought
and efend all actions brought
against Salt Lake by
e of the
e City for a
In-
/Pry construction. operation.ae earn mainte-
nance f id treek,provided,how-
vet,that ndatdasslpns�tehalt.pes.shave-had
or-
friends to appearil.and tice-of any.sus sind defend�the
as Tection 5 This franchise la
granted for the period of fifty 001
nh
years from d After the date of
the passage of this ordinanee.Pro-
vided,however,that It tern Period
•of nine r cutive-months during
the life of this franchise saide track,
r
the purposeforthereof
[hich this franchise
is granted.nor itn there Is a eubstan-
tda7 abandon.Vnt of the use eof t sa a
ri
itrack or hall he v ldable at the
franchise
"Lion of the01°,deredtb the lBdartl
ritinth ray 1301 =aid track rib notice.
otary said 5glanteea ys removetln friofn
be by street a toted to
none meet lEti!the term Il aims& nth= nest
yd,at said.attract n irnnnon
' t<*ialY ae^the cemmis-
to the sattafaction'ri d Publiry tm-
Loner'o[ 9tIee the a enamor ealsaid ante, n d
'C`.&-and to re a=+il rreet
track aid ;o
pon and
Otiee a thirty
�nap)a.ya iheraaaee,ace-work may
75
ROLL CALL
... _
VOTING AYE NAY
Salt Lake City, Utah, , 194 '
,-,
Affleck
I move that the ordinance be passed.
c2„0 /3 Romney /
l
Tedesco
Mr.Chairman
Result ,,,y,..,/,'/
'75