76 of 1946 - Franchise for Granting to Western Pacific Rail Road Company, right to construct spur track over 1st AN ORDINANCE GRANTING TO THE WESTERN PACIFIC RAILROAD
COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO
CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR
TRACK OVER AND ACROSS FIRST SOUTH STREET, WEST OF FOURTH WEST
STREET, ALL IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION ONE, TOWNSHIP ONE SOUTH, RANGE ONE WEST, SALT LAKE BASE
AND MERIDIAN AND IN SALT LAKE CITY, UTAH*
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF SALT
LAKE CITY, UTAH.
Section 1. A franchise and right of way is hereby
granted to the Western Pacific Railroad Company, a corporation,
and to its successors and assigns to construct, operate and main—
tain a standard gauge railroad spur track over and across First
South Street west of Fourth West Street, all in the Northwest
Quarter of the Northwest Quarter of Section 1, Township 1 South,
Range 1 West, Salt Lake Base and Meridian and in Salt Lake City,
Utah, the center line of said spur track being more particularly
described as follows:
Beginning at a point on the north line of
First South Street, distant 185 feet west
of the west line of Fourth West Street ; thence
crossing First South Street, along a 30°
curve to the right, having a radius of 1g1.12
feet, an arc distance of 81 feet; thence
tangent to said curve 52 feet; thence along
a 300 curve to the left, having a. radius of
191.12 feet, an arc distance of 33 feet to
a point in the south line of First South
Street, distant 285 feet west of the west
line of Fourth West Street; thence continuing
along said curve into private property.
Section 2. During the term of this franchise the grantee
shall be subject to the following conditions4
( a) That said track shall be laid upon and conform to
the grade of said street and shall at all times be maintained
by the grantee to conform to the grade of said street, and if
said grade is afterward. changed by ordinance of the Board. of City
—1—
FABIAN, CLENDENIN, MOFFAT & MABEY ATTORNEYS AT LAW 1• In4y+
CONTINENTAL BANK BUILDING
SALT LAKE CITY,UTAH
elevation of the track so es to conform to the same.
(b) Whenever said street where said track is constructed
shall be paved, resurfaced or repaired, the said grantee, its
successors and assigns, shall pave, resurface or repair be—
tween the rails and for a space of two (2) feet outside of each
rail with the same kind. of material used on the said street , or
with such other material as may be approved. by the Board of Com—
missioners, and all ties shall be laid upon e concrete base of
such thickness as shall be directed by the Board of Commissioners.
( c ) Said. track shall be laid and the road operated so
as to cause no unnecessary impediment to the common and ordinary
use of the said. street upon which it is laid.
( d) 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 said track.
( e ) If, in putting in said track, said grantee shall
remove or in any manner interfere with the pavement, sidewalks,
curbs or :utters on said street, it shall replace such pave-
ment with the same or with such other material as shall be ordered.
by the Board of Commissioners and shall replace such sid.ewalks
and such curbs and gutters to the satisfaction of the Board of
Commissioners and shall so construct the gutters that they will
allow the free passage of water and be to the satisfaction of
the 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 the
Board of Commissioners.
(g) 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 free passage of water.
g `" —2—
FABIAN, CLENDENIN, MOFFAT & MABEY
ATTORNEYS AT LAW
CONTINENTAL BANK BIJILDINS �
SALT LAKE CITY,UTAH
as to prevent Salt Lake City or its authorized agents, or con-
tractors, or persons or corporations to whom a franchise may have
been or may hereafter be granted, from paving, sewering, laying
gas or water mains, pipes or conduits, altering, repairing, or
in any manner improving said street.
Section 4. Said grantee herein, its successors and
assigns, shall and by the acceptance of the privileges and
franchise herein granted, and in consideration of the some does
hereby bind itself, its successors and assigns, upon its accep-
tance of this franchise, to save said City harmless from all suits,
claims, demands and judgments whatsoever, whether in. law or in
ecuity, which shall be asserted,. found or rendered in any manner
whatsoever against said City for injury or damage to abutting
property, personal injuries or otherwise, by reason of the
construction or operation of said spur 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 pro-
ceeding may be or shall be found against said Salt Lake City;
provided., however, that said grantee, its successors and. assigns,
shall have had notice of any such suits and. an opportunity to
appear and defend the same and said grantee, its successors and
assigns, shall appear in and defend. all action brought against
Salt Lake City for any injury or damage by reason of the constru-
ction, operation or maintenance of said spur track.
Section 5. This franchise is granted. for the period
of fifty (50 ) years from and after the passage of this ordinance;
provided, however, that if for a period of nine consecutive months
during the life of this franchise said spur 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
FABIAN, CLENDENIN, MOFFAT & MABEY
ATT R N EYS AT LAW
CONTINENTAL BANK OUILDING
SALT LAKE CITY,UTAH
for said purposes, said franchise shell be voidable at inc opLluil
of the Board of Commissioners; and if so ordered by the Board of
Commissioners, said spur track shall within thirty (30) days there-
after be removed end the street restored to e condition uniform
with the balance of said street with respect to ^red.e, materials
and construction and. to the satisfaction of the Board of Com-
missioners. In the event of the failure of said grantee to remove
said track and restore said street upon such action and within said.
thirty (,0) days, the said work may be done by Salt Lake City at
the expense of the grantee.
Section 6. Unless this grant and all the terms and
conditions thereof shall be accepted. in writing, by the grantee
herein within thirty ('o) days after the taking effect of this
ordinance, and unless such track be constructed within oneyeer
from the date of such passage then this ordinance shall be null
and void.
Section 7. In the opinion of the Board of Commission-
ers it is necessary to the peace, health and safety of inhabitants
of Salt Lake City, Utah, that this ordinance shall become effect-
ive immediately.
Section 8. This ordinance shall take effect upon its
publication..��`.1. � /
(/`
Passed by the Board of Commissioners of :a ke City,
Utah, on the 17th day of October / A.D. 1946.
City tecorder
FABIAN,CLENDENIN,MOFFAT&MABEY
ATTORNEYS A A oirvv 1•^F
S AST LAke CiT uTwry �?fi
"l&
, )
76
Presented to the Board of Cernmissioners
. .
AND PASSED
OCT 1 7' 1946
‘97,171-al-7::// 0
CITY RECORDER
• , First Publication in
•
‘974444, 7:7 "1.114214,to
CITY RECORDER
STATE OF UTAH, 1
r ss
County of Salt Lake
_ D M Ockey
' • ,Leol Notices
, , AN ORDINANCE Being first duly sworn, deposes and says that he is the ad-
i AN ORDINAI'iCE GRANTING TO
, THE WESTERN,ROAD, COMPANY,PAC�CORPORA- vertising clerk of THE DESERET NEWS, a newspaper
OION, ITS SUCCESSORS AND AS-
PERATE RAND TO MAINTAIN UCA published in Salt Lake City, Salt Lake County, in the State
• STANDARD GAUGE, RAILROAD
SPUR TRACT{ OVER,AND ACROSS
FIRST SOUTH•STREET WEST OF • ! of Utah.
FOURTH WEST STREET, ALL IN
I THE NORTHWEST QUARTER OF;
i THE NORTHWEST QUARTER OF
SECTION ONE. TOWNSHIP ONE
• SOUTH, RANGE ONE WEST, SALT ' That the advertisement
C LASE BASE AND MERIDIAN AND
IN SALT LAl{T CITY, UTAH.
BOAR OF•COMMISSIONERSRDAINED BY TOF Ordinance Bill No 76
SALT tit6rE CITY, UTAH:
• Section 1:._'A franchise and right
of'Way is 'Hereby granted to the 1. Corporation
Western Pacific Railroad,•Company, Salt Lake City y
' a dorporation, and to its Successors
and assigns to construct, operate
arid Maintain a standard''gauge rail-
road.spur track' over and across .
First South Street west of Fourth
West Street, all in the Northwest
Quarter of the Northwest Quarter
Of Section 1, Township 1 South, was published in said newspaper, in its issue dated, the
Range 1 West, Salt lake Base and
Meridian and in Salt Lake City,
4„e0‘ l• e S more particularly de-
sert day of A. D. 1 9
bed 8s folloWi:
Beginning at a point -on the
:'' rat line of First South Street,
tang 85 feet west of the west and was published October 19 1946
Is
of Fourth West Street; thence
oseing First South Stree(. along
hav-
ing paaradius rof 191.12 fee to the t,right,
c
r distance of 81 .feet; thence tangent __the_the last publication thereof being in the issue dated the
to said curve 52 feet; thence along
a 30-deg curve to the left, having 71 f
a radius'of 191.12 feet, an arc die- day O f A. D. 1 9
tance of 33 feet to a point in the
mouth line of First South Street,
distant 285 feet west of the west �d e�,
line of Fourth West Street: thence a/ f�/�--6/-' Z
1 continuing along said curve into pri-
vete property.
• Section 2- During the term of dvertisin rk
this franchise the grantee shall be
subject to the following conditions:
(a) That said track shall be laid
Upon and Conform to the grade of
said street and shall at alltimes be
Maintained by the granteee to con-
form to the grade of said street, and ,
if said grade is afterward changed
by ordinance of the Board of City
Commissioners, the grantee shall, at to before me this 21sb day of
its Own expense, change the eleva-
tion Of the track so es to conform
• to the same.
• (b) Whenever said street where
• said track is constructed shall be • 19 46
paved,` resurfaced, or repaired, the
seed grantee, its 'euccesaprs and as-
signs, shall pave,, resurface or re- r° 0,.
pair betWeen the rails and for a A/sach ai two (2) feet outside of; 4� ' Gl
each rail with the same kind or
material used on the'said street, or
with such other material as may be
approved by the Board of Com- , Notary Public
ntisaioners, and all ties shall be
laid upon a concrete base of such
thickness as shall be directed by
the Board of Commissioners',
(c)_ Said track shall be laid and
• Ue:road operated so as to cause.
no unitegeseary impediineut to the
com)pSn and ordinary use of the Said
street upon-which it is laid. i
la 3
Proof of Publication
OF
Attorney
by the Board of Commissioners and i
shall replace such sidewalks and
such curbs and gutters-to the setts-
_
faction of the' Board of 'Commis-
sionere -and.-shall. so construct the.
gutters that-they'wilt alloW,t11e free
passage of water and be'to thd'-at
isfaction of the Board Of r.
siou0r�.
(f) Sakfgr8litee shall put
maintain such crossings v
track as shall from time to
required by the Board of uj
-st7«__
(gam )� 1�$uffident
tv--eooyey Water shall—Iva l iskrgerm!
ii
mairftillld'an good conditi•
expense of`e`8id grantee in a
ditches crossed by said. tra ,�
' to admit free passage of W l'
--.Section.3. Nothing in tht'
Abe so construed as to prey -.
E:,� r.its authorize
^ -ort/"ne-11tra Qr person
orporattons to *hoitf a;i piss
have been or may hereaft'rUe
-`'ted, from paving, sewering, lay. ,
ing gas or water mains, pipes or
conduits, altering, repairing, or in
'any manner'improving said street.
Section 4 Said grantee-herein, its
successors and assigns, shall and by
the acceptance of the privileges and
tranchise herein granted, and in con-
jder lion of the same does hereby
itself, its successors and'ali-
t ;Volt its acceptance of this
o, to save said City harm-
_d-etpands
v udgments w a so ver, whether'
t faW -or in equity, which ehall
he asserted, found or rendered ,in .
any manner whatsoever against
said City for injury or damage to
abutting property, personal injuries
or otherwise, by reason of the
construction or operation' of said
spur track and that the grantee
herein, its successors and assigns,
will pay the amount of any judg-
ment, determination or adjudication
which in ,any suit or proceeding
may be or shall be found against
said Salt Lake City; provided, how-
ever, that said grantee, its successors
and assigns, shall have had notice of
any such suits and an opportunity
to appear and- defend the same
and said grantee,'its successors and
assigns, shall appear in and defend
all action brought against Salt Lake
City for any injury or damage by
reason of the construction, opera-
tion ,
or maintenance of said slier
track.
Section 5.This franchise is granted
for the period of fifty (50) years
from and after the passage At this
ordinance: provided, however, that
if for a period of nine consecutive
months during the life Of this fran-
chise said spur track is not used
, for the purposes for which this Fran-
criise is granted, or if there is a
substantial abandonment of the use
of said spur track for said pur-
poses, said franchise shall be void-
able at the option of the Board of
Commissioners; and if so ordered by
the Board of Commissioners, said
spur track shall within thirty (30)
days thereafter be removed and the
street restored to a condition uni-
form with the balance of said
street with respect to grade, ma- .
_terials and construction and to the
satisfaction of the Board of Corn,
missioners. In the event of the
failure -of said grantee to remove
said track and restore said street
upon such action and within said
thirty (30) days, the said work play
be done by Salt Lake City at the
expense of the grantee.
Section 6. Unless this grant and
all the terms and conditions there-
of 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 constructed within one
year from the date of such passage
then this ordinance, shall be null
and void.
Section 7, 'In the opinion of the
Board of Commissioners it is nec-
essary to the peace, health and
safety of inhabitants of Salt Lake
City. Utah.-that this ordinance shall
become effective immediately.
vase-e3aectAUpoon 1lts pdb]ation dinance shall
Passed by the Board'of Cotumis-
sionera of Salt Lake City, Utah, or
(he6 17th day of October, A, 1)
)04
NA'RL J. GLADE.
Mayor.
(Seat) - IRMA F. $I 1<I1plt:
Bill No. q$. City forcer.
1'ulibiebed'October le. 1048,