76 of 1947 - Franchise granting to Denver and Rio Grande Western Railroad Company the right to operate and mainta y
/
ORDINANCE
AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO OPERATE
AND MAINTAIN STANDARD GAUGE RAILROAD SPUR TRACKS OVER AND ACROSS
EIGHTH SOUTH STREET BETWEEN THIRD WEST STREET AND THE CENTER LINE
OF FIFTH WEST STREET AND OVER AND UPON THE EAST HALF OF FIFTH WEST
STREET NEAR EIGHTH SOUTH STREET AND OVER AND ACROSS THE WEST HALF
OF FOURTH WEST STREET BETWEEN SEVENTH SOUTH AND EIGHTH SOUTH
STREETS IN SALT LAKE CITY, UTAH.
BE IT ORDAINED BY THE B09RD OF COMMISSIONERS OF SALT LAKE
CITY, UTAH:
Section 1. A renewal franchise is hereby granted to The
Denver and Rio Grande Western Railroad Company, its successors and
assigns, to operate and maintain standard gauge railroad spur
tracksover and across Eighth South Street between Third West
Street and the center line of Fifth West Street and over and upon
the east half of Fifth West Street near Eighth South Street and
over and across the west half of Fourth West Street between Seventh
South Street and Eighth South Street in Salt Lake City, Utah, the
center line of said spur tracks being more particularly described
as follows:
Track A. A main spur track on Eighth South Street be-
ginning at the point of intersection of the
west line of Third West Street and the cen-
ter line of Eighth South Street, running
thence west along the--cc�enter line of Eighth
South Street aboutc.126Blfeet_;_thencenorth-
westerly on a 6° 13 curve to the right
about 66 feet; thence continuing north-
westerly on a 14° 56' curve to the right
about 206 feet to the center line of Fifth
West Street at a point about 67 feet north
of the center line of Eighth South Street.
Track B. Also a track beginning at a point in main
spur track in Eighth South Street about 330
feet west of the west line of Third West
Street, turning out northeasterly and run-
ning northeasterly on an approximate 30°
curve to the left about 200 feet to the
north line of Eighth South Street at a point
about 140 feet west of the west line of
Third West Street.
Track C. Also a track beginning at a point in main
spur track in Eighth South Street about 952
feet west of the west line of Third West
Street and about 500 feet east of the east
line of Fifth West Street, turning out
southwesterly and running southwesterly on a
30° curve to the left about 210 feet to the
south line of Eighth South Street at a point
about 315 feet east of the east line of
Fifth West Street.
Track D. Also a track beginning at a point in main
spur track in Eighth South Street about
1195 feet west of the west line of Third
West Street and about 257 feet east of the
east line of Fifth West 5 oet, turning out
northeasterly and runnipe on a
12° 401 curve to the left about 265 feet
to the north line of Eighth South Street
at a point about 145 feet west of the
southeast corner of Block 10, Plat "A5,
Salt Lake City Survey, and continuing
across said Block 10 to the west line of
Fourth West Street at a point about 142
feet north of said southeast corner of
Block 10 and running thence northeasterly
in Fourth West Street on a 15° 441 curve
to the left about 225 feet to a connection
with the westerly main passenger track of
The Denver and Rio Grande Western railroad
in Fourth West Street at a point about 357
feet north of the north line of Eighth
South Street.
Track E. Also a track beginning at a point in main
spur track on Eighth South Street about
1268 feet west of the west line of Third
West Street and about 184 feet east of the
east line of Fifth West Street, turning
out southwesterly and running southwesterly
on a 6° 131 curve to the left about 66 feet,
thence continuing southwesterly on a 27°
curve to the left about 126 feet to the cen-
ter line of Fifth West Street at a point
about 92 feet south of the center line of
Eighth South Street.
The location of the center lines of said tracks 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 renewal franchise, the
grantee, its successors and assigns, shall be subject to the
following conditions, viz.:
(a) That said spur tracks shall be laid upon and conform to
the established grade of said streets, and if said grade is after-
ward changed by ordinance of the Board of Commissioners, the
grantee shall, at its own ex-Dense, change the elevation of the
tracks so as to conform to the same.
(b) Whenever said streets where said tracks are 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 foa a space of two feet outside of each
rail with the same kind of material used on said streets, 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.
(c) The said spur tracks shall be laid and the road operated
so as to cause no unnecessary impediment to the common and ordi-
nary use of said streets upon which they are laid.
2-
(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 spur tracks 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
grantee, its successors and assigns, upon the spur tracks afore-
said. Neither the engines nor cars shall be permitted to remain
on said spur tracks.
(f) If, in the replacement or maintenance of said spur
tracks said grantee shall remove or in any manner interfere with
the pavement sidewalk, curbs, gutters or waterways on said streets,
it 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 streets, but all such improvements shall be made with as
little injury as practicable to said spur tracks and the operation
thereof. When Salt Lake City undertakes to place any utility
under said spur tracks, the grantee shall at its own expense under-
pin and protect its spur tracks while said utility is being placed
under the spur tracks.
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 spur tracks,and that the grantee, its
successors and assigns will pay the amount of the judgment, deter-
mination or adjudication which in any suit or proceedings may or
shall be found against Salt Lake City, and the 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 construction, operation, or maintenance of said spur tracks,
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 tracks or any part
thereof are not used for the purpose for which this franchise is
granted, or if there is a substantial abandonment of the use of
said tracks 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
3-
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 Streetsr and Public Im-
saidetrack.andntohrestore saidf astreetouponisaidanoticeoandmwithin
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 here-
in within thirty (30) days after this ordinance becomes effective,
then this 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..
Pawed by the oar o Co issioner:s .of Salt Lake City, Utah,
this 7'/C, day of , A.D. 1947. ,.
MAYOR
CITY RECORDER
4-
16
3-`1
•
Proentad to the Board of Commissioners
AND PASSED
S EP-2 1947
CITY RECORDER
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--' The D & R. G. ',. R.
Salt Lake ,city, Utah.
�" + To accompany Franchise
from
i .. _. h L_ Salt Lake City Corporation
for various trackage
in 8th South and 4th +'est Streets. -''''''-,:
I_. Scale 1" - "4001
Div.1ig'rs.0ffice- Salt Lake City,
: , 1 June 18, 1947.
ROLL CALL • '
VOTING AYE NAY
Salt Lake City, Utah, , 194
Affleck
I move that the ordinance be passed.--
Matheson . . .
Romney
;
Tedesco
-"ti•
Mr.Chairman . . .
Result -
_ Affidavit of Publication
•
:assigns,upon its acceptance of this
franchise,to save the city harmless
from all sults,claims,demands•d
lawg r°in equity,Whichshall be a Whether n
STATE OF fatted, round rendered in any
• whatsoever,against said City
for injury or damage an abutting
County Of Si tthrre°granting of tints'franchise'0r by
trackof the operation of said spur
s, and that the grantee, its
ORBINANOE I sticeessors and
assigns AN ORDINANCE GRANTING TO t'of the Judgment.determine-
ITHE-DENVER AND RIO GRANDE tin dj ti tl Rhl h in any
WESTERN.RAILROAD COMPANY, Milt p C eding td Y hall 1 D •
1111aBC9,-_yIIt}ll`�gASORS•AND'.ASSIGNS;' f Hd-_g+.,„ BAH Lt -ottp- a�
TIIE RIG T TO"OPERATE AND'the said grantee, e successorsand T,1 Ockey
STANDARD GAUGE assigns,.shall sweet'In end defende
RAILROAD SPUR TRACKS OVER all actions brought against Salt Lake
AND ACROSS ZEIGHTH SOUTH Clty f°°any icons or.damage by Z first dulysworn,deposes and says that he is the ad-
STREET BETWEEN THIRD WEST eeson c• the tructl.n, Pere- g (�
STREET AND•THE CENTER LINE T.°. °r m tenant° of raid spur
OVER ANOF D WEST
O TTISE EAST HALE grantee.provided.
however,that
_ising clerk of THE DESERET NEWS,a newspaper
OF FIFTH WEST STREET NEAR shall have hod otip4 of any suite
EIGHTH SOUTH-STREET' AND defend"the ea„'�"'ty`".anneao a"d ished in Salt Lake City,Salt Lake County,in the State
OVER ,AND ACROSS THE WEST fention 6.Tme6 franahlse is grant-
HALF OF FOURTH WEST STREET ed for the period of rift,ins years
EIGHTH S UTHSEVESTRH 8TS INTH AND rom and'after the date of the pas fah.
EIGHTH SOUTH STREETS IN SALT
LAKE CITY,UTAH,I nge eo this o'on arter provided,nine -
BE IT-ORDAINED NE THE h weever,that tos a period of nlife
BOARD OF COMMISSIONERS UTAH:AONERB OF c utive months duffing the life
SALT LAKE CITY, of"this franchise said tracks or•y
Section 1.A renewal franchise 1s part, thereat c not u ed for the That the advertisement
hereby granted to'The Denver and purpose for which this franchise,
Rio Grande Western Railroad Con- ranted,or if there Is a substantial
pan,,'It.,sync eats'and assigns,i.o abandonment of the use of said
,�+ •'t rye
operate And°Bmaintain s I.andard tracks of ny part theref. [le Ordinance Bill (6
gauge railroad spur tracks over and franchise shell be voidable at the
across Eighth South Street between option of the Board of Commission-the
Third West Street and the enter e s and If o Ordered by the Board 4. T City floe at Fifth West Street and over of Commlasfoners, said track shall, Sal 5s Lake 6i t y
d'noon the east half of Fifth West within thirty days after no-
Street
near Eighth South Street and bite. be by.said
Grantee removed
over d rass.the west half f from the etre...and the street r
Fourth Weet Street between Seventh stored to a condition uniform with
South Street and Eighth South the balance of said street with re
Street in Salt Lake City,Utah,the spent to grade,materials,and co
center line of said spur tracks being tructlon to the satisfaction of the
age particularly deenr,n°d as tole Improvemenr of Btreeth any Public
published in said newspaper, in its issue dated, the
1 Improvements.a ant I ge event
Track A,-A i -spurtrack o e id fgeld g t to remove
,Eighth South 8t -beginning at Itl t k d t et°e d
Rl7 Third
- .tt t- 3 .al `ant,ter Within
day of A.D. 19
t the f center
i West Street ghth thl y t30 day thereafter, the
d the eenter Ilse e e west work may ex done by'SAIL Lake
South Street,r "log thanes west City to the expense.01 Id grantee.
along ilia tent:"` line f Elritin Bahmr DmeaM,,thiaa frantmae Sept 5 1947
therm atrial boot 186 felt.-and B fah tereu pand °n rating waS published P
thence northwesterly or a 6 deg.`byerlive rt'hantee'hersin�e9dithlnwthirty
fe min.curve to the right.abort 1.g6 t30) days after this"ardinanoe be-
orthw
erly thence, des,continuing .curve to comes effecblve,then-ihtt ordinance last publication thereof being in the issue dated the
IY on a 14 deg.56 min.curve to
the right about 206 feet to the shall be null and Sold,'
center line of Fifth West Street 4e"Upn 7,wherdM In the opinlen
t A point about 67 feetnorth'of of thO Cm° misslon.A cy ems g°n
the center line of Eighth South exists,this ordinance shall take af- day of "A.D. 19
Street. feet immediately after publication
Track H.Alsa a track beginning t hue"Pes,ed by the Board of Commis-
te point hs tin spur track 1n el°nera°f Salt Lake City,Utah,this / G/.'f
Eighth.South Street. bout 330 2nd day of September, A.D. Ig47, LLL -LL Ls-y
-feet west f the teat line of -
Th1rd West Street, turning out EARL I.GLADE, /l1Vi A..ivertising Cler
northeasterly and running north- Me you. l�4
easterly o - verb xlmale 30 IRMA Fin RetER,
-.deg, on
thean
left i Eighth
n00 SILL ruin R°"°rder,
South• feet o the north line of Eighty BILL NO. eft
Street at a point about 140 Published 8epf.' 1947. -
feet west of the west line of _ -
Third West Street.
Track C.—Also track beginning 6 th
P°'"tIn n son track znd sworn to before me this day of
in Eigth South,Street. bout 952
feet west of the west II. of
Third West Street and about 0 A.D.19-.47
line
n --
feet east at the east line of -
---
Fitth"West Street,'turning out
southwesterly and running outh- /
westerly oo a 30 deg.curve to the
left about 210 feet to the south
lino in•Eighth South' Street-at
t poinnabdut 3-in feet east ef"tbe
t D.—Also
A[n a West yh Sarin _
Track D.—Also a track beginning
t a point in main spur track In
Eighth South Street, a4aVl. 1196 NotaryPublz�/
• feet et f the west line of 1
Third West Street and.about 257
feet et of the eastline of Fifth
West Street, turnig out•north-
easterly and running In,northeaster-
ly on a 12 deg.40 min,•curve to
'the left about 265 feet t the
north line of Eighth South Street
at a point about 145 feet west of
the southeast Mtrner of Block 10,
Plat"A",-Salt Lake City Survey,
and continuing'across
n r said Block
In to the west line of Fourth
West Street at a point about
142 feet north of said southeast
corner of Black 10 and running
thence northeasterly In Fourth
West Street on a 15 deg.44 min,
curve to the left about 22d feet
to ,connection with the westerly
main'passenger
track of The Den-
her a d Rio Grande Western t Rall-.j
road in•Fourth reeat Street at
•
➢oint about 367.feet north of the
,
north line of Eighth Routh Street.
-Track le—Also a track beginning at
a point In main spur tract on
Eighth South Street shout 1268
feet-west of the west Nee of
Third West Street and about 184
feet east of the rant line of-Fifth
West Street, turning out south-
westerly and running southwester-
ly on a 6 deg.13 min.rurve to the
left about 66 feat. thence c
tinning southwesterly an a 23 deg.
curve to the left about 126 feet
-,3 to the center line of Fifth West
Street:at a point about 92 feet
south of the center line of Eighth
South Street.-
The location of the center linen of
said tracks 1s graphically shown in
yellow mian, the attached print,
which
it ttereh10v adt a part of this
ordinance.
Section 2. During tha term of this
renewal franchise, the grantee, its
successors
and assigns,shall be sub-
tent to the following condition,:.
(al That said spur tracks shall:
be laid upon and conform to the
established grade of said streets.and
If said grade Is afterward changed
by ordinance of the Board of Com-
missioners.the grantee shall.at Its
n expense.change the elevation of
the tracks so as to conform to the
aasb) Whenever geld streets where
said tracks oreconstructed shall be
paved. repaved, resurfaced r re-
paired, then said grantee, its a -
and assigns,shall pave, r
pace re resurface r repair between
the rails and for aspace of two feet
outside of each rail with the same
kind of material used on said
streets.or with such other material
as may be approved by the'Board
of Commissioners.
In the rent said grantee shall
fail to pave, repave, resurface. or
repair and surface any rea as
herein required for per
s iod of
thirty 1301 days after notice from I
the Board of Commissioners on to
do,the City shall have the right to
pave ir
betwearea e�n etre wails so said surface o
'burseathe thet grantee
rtor a the agrees to
t anti of
said work,labor and material.
(cl The eatd spur tracks shall be
laid and the road operated so .s
to -cause unnecessary impedl-
rnt to the r and ordinary
use of said streets upon which they
are laid.
(dl Good end sufficient conduits
to c water shall be laid and
•maintained in good condition at the
expense of said grantee In all water
r
ditches crossed by said spur tracks
so as to admit of free passage of
Water.
(el Salt. Lake City reserves the
right t0 regulate and control the
speed of all.trains,engines and cars
operated by the grantee, suc-
cesso
and s,upon the spur
tracks aforesaid.
Neither the en-
gines n shall be permitted to
.said spur tracks.
remain Of, in the reply trash t or
maintenance.of said spur tracks said
grantee shall removeror In any man-
n-
ilke,cue with the- pavement
ways on
curbs, gutters I water-
ways .streets. It h re-
place such pavem ter with the same
or such other material of .shall be
orderestoners
ny the Board of such and rb shall replace such s
side-
walks,curbs.gutters and waterways Comm
totthe of eelsn f the Public
to-
aloner of odStreets and eon Im-
provement and wharf sn tonxtruey
will
,gutters c ex ea passage toot ater
dt vow tfe tree fsid of water
the satisfaction t old Commis-
sioner.Section 3. Nothing In this grant
shall be construed es to prevent
Salt Lake Cityor Its a uthorized
aepts.contractors,persona or oor•
pnrations to whom a franchise may
have been or may hereafter be
'granted fromr paving ewers g.tar.
Inc gas water mains pipes.
altering,repairing.o in any man,
er'improving ld streets, but all
such improvements shall.be made
O it s little injury an practicable
'tsaid spur.tracks and the opera-
tion thereof. When Salt Lake City
ondertakea.to place any utility under
said spur.tracks. the-grantee shell
at toe Own expense underpin and
protect tug spur tracks while said
•utility le being placed under the spur
tracks.
Section a.The said grantee here-
in.Its successors and Itasigna shad.
and by the acceptance of thee'pri
Ifegee and franchisee herein granted
and In a seldom Its
of the'-name,
deed bind Itself,Its enCCaaeors and
7�