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Home My WebLink About77 of 1967 - Granting the Denver and Rio Grande Western Railroad Company, its successors and assigns, a franchise ROLL CALL November 1 7 VOTING Aye Nay Salt Lake City,Utah, ,196 Barker. . . . I move that the Ordinance be passed. Catmull . . Harrison Holley . . . • Mr. Chairman . Result . AN ORDINANCE AN ORDINANCE, GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS SIXTH WEST STREET, NORTH OF SEVENTEENTH SOUTH STREET 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 Denver and Rio Grande Western Railroad Company, its successors and assigns, to construct, operate and maintain a standard gauge railroad spur track over and across Sixth West Street, north of Seventeenth South Street, in Salt Lake City, Utah, the center line location of said track being more particularly described as follows: Beginning at a point on the East line of Sixth West Street, which is North 9° 10' 28" East 560.20 feet from the Southwest corner of Lot 2, Block 6, Five Acre Plat "B", Big Field Survey, Salt Lake City, Utah, and running thence South 89° 48' 42" West 66 feet to a point in the West line of Sixth West Street. Said center line being shown in yellow on the hereunto attached print. SECTION 2. During the term of this franchise, the grantee shall be subject to the following conditions: (a) That said track shall be laid upon and conformed 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 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, resurfaced or repaired, the said grantee, 77 -2- its successors and assigns, shall pave, resurface or repair between 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 Commissioners and at all times shall be laid upon a concrete base of such thickness as shall be directed by said Board of Commissioners. (c) Said track shall be laid in 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) 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 tracks. (e) If, in putting in said track, said grantee shall remove or in any manner interfere with the pavement, sidewalks, curbs or gutters on said street, it shall replace such pavement with the same or with such other material as shall be ordered by said Board of Commissioners and shall replace such sidewalks and such curbs and gutters to the satisfaction of said Board of Commissioners and shall so construct the gutters that they will allow the free passage of water and be to the satisfaction of said Board of Commissioners. (f) Said grantee shall put in and maintain such crossings over said tracks as shall from time to time be required by said 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 tracks so as to admit the free passage of water. SECTION 3. Nothing in this grant shall be so construed as to prevent Salt Lake City or its authorized agents, or contractors, or persons or corporation to whom a franchise may have been or may here- after be granted, from paving, laying sewer lines, 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 franchises herein granted, and in consideration of the same, does hereby bind itself, its successors and assigns, upon its acceptance of this franchise, .d ? -3- to save said City harmless from all suits, claims, demands, judgments whatsoever, whether in law or in equity, which shall be asserted, found or rendered in any manner whatever against said City for injury or damage to abutting property, personal injuries or otherwise, by reason of the granting of this franchise, or by reason of the con- struction or operation of said track and that the grantee herein, its successors and assigns will pay the amount of any judgment, determina- tion or adjudication which in any suit or proceeding 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 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 for any injury or damage by reason of the construction, operation or maintenance of said 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 (9) 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 for said purposes, said franchise shall be voidable at the option of said Board of Commissioners; and if so ordered by said Board of Commissioners, said track shall within thirty (30) days thereafter be removed and the street restored to a. condition uniform with the balance of said street with respect to grade, materials and construction and to the satisfaction of said Board of Commissioners, In the event of the failure of said grantee to move said track and restore said street, upon such action and within said thirty (30) days, the said work may be done by Salt Lake City at the expense of the grantee. (. -4- 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 constructed within one (1) 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 necessary to the peace, health and safety of the inhabitants of Salt Lake City, Utah, that this ordinance become effective immediately. SECTION 8. This ordinance shall take effect upon its first. publication. Passed by the Board of Commissioners of Salt Lake City, Utah, this 1st day of November , 1967. 1 ! it �. ( c -� J MAYOR V �VgVp'� ' 1 CII CORDER (S E A L) BILL NO. 77 of 1967 Published November 3, 1967 (A certified copy sent to the Denver &Rio Grade Western Railroad Company 11/7/67) Affidavit Of Publication 7" 'a)Notices . AN ORDINANCE • en� AN ORDINANCE,GRANTING TOE �TNE DENVER AND RIO GRANDE II WFSTERN RAILROAD COMPANY, 1.ITS SUCCESSORS qND AS81GNSr Ss� IO ERATE H AND O MA INTAINUC to STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS' (SI%TN WEST STREET,NORTN OF! D id Ockey SEVENTEENTH SOUTVI STREET IN SALT rAKE CITY, e 10 ofi Commissioners nneof d bSaltheLakearCity, _- Utah: SECTION 1. A franchise o and Den duly p y wa Is hereb Beingfirst sworn,deposes and says that he is legal adver- tl Rio Grnntle Wesferr Rail. read Company, its successors and using clerk of the DESERET NEWS,a daily (except Sunday) morons.a soconst�et, operate a. rack eau,railroad newspaper printed in the English language with general cw- ;spur across S'xr s pie Street, ;in Says Lakente i o culation in Utah, and published in Salt Lake City, Salt Lake Utah,the center re location f 5 e• County,in the State ofUtah. track basnfolows` particularly Ce. y Beginning at a Point on Me East'l North!0 degree`i'oSMinutes which sec-, That the legal notice of which a copy is attached hereto nos East MAN feet from the Southwest corner of Lot 2,Black M Five Acre Plat B•', BIg Field Salt Lake City Bill No 77 of 1967 Survey,Salt Lake City, Utah,and running thence South 89 degrees 48 minutes ee seconds West 6.5 feet to ,A,zi srrlaettne West line et Sixth An Ordinance granting right of way to Said center a being shown In --- — - Yellow on the hereunto etta<hetl • SECTION 2. During the term of Im,s franchise the grantee conditions: e Denver & Rio Grande Western Rsih aid Co, subject to thefollowing all beons: PAW Ttfr sat°o c iohtne 9rlare lmes'be smrentained gage at a. sito conform to the 9 grade of(raaid areel,and I said grade is fter. ward of nCitt bCommliss ordinance the _ grantee thealelevation of theN track, 'nib)Whenever said street 5nee was published in.said newspaper on November s 196z__ said track constructed hall be paved,resurfaced fired the grantee, its successors'an, aS1ign or repairs betweenthe and shall pave, erails `for space r g two f!ne feet utsme ide off -—- - material used a then said street; or with such then material dybe approved by the Board off -- Commissioners and et all times shall c laid concrete Babe /7ii"d7 of h thickessa csn`hall be directed by said Board of Commis c ' stoners. a Legal Advertising Clerk lc) Said track shall be laid In no eunnecessary road operateds s to cause u n es-ry impediment o one / s`ir COMM.-1 anc ordinary bse Of s d Itl)SaR Lokehcoys reee ue the a,glet ra re tare and on^rsi at he e d of Ile I y rth a ntl e ratan by!en q antee, I cars and ss, s,uoon •sa'drn to before me this 6th _ day of November A.D. 19 67 i./ Notary Public My Commission Expires Nov 25 1969 _ 77 lei If.In p1Nldg in said beck, said grantee er interfere remove or the any tint,,sidealks,curbs orgut- ters e Bald street,It shall rplace such p with the s"Ih such miller aterial same or be ordered by sae!Board Of Com sidewalks tl slta ll r place s Vhl tern to and such curbs and s gut .I+o the Commissioners of said Bole Of Commissioners and they willcoallow`t lhee gmleers Mat they Water and be to the saiiffaeiion or "IVsaJ BOartl of Commisxioners. }Sala u nl crossingsain such snarl por in and, be tracks as s suBredshall sra Board to t mt tnoisenceid art astrarli Bet lconduls mantalned win good onditionaB the P of said condition in water%`Cliches crossed by said • Backs s admit tithe free pas. 1 walser� I I shalCbe0N construed in tolprevem' 'Sall Laken City or Its authorized agents,or contractors,or persons o corpora!ion to Whom franchsn may nave been o may hereafter be anted.from riving, aving lines, laying g water mains. pipes o conduits,altering,re r In any manner improving said street. SECTION 4. Said grantee herein. its s and a shall and av tfoe-wheptance of the p vileges and ssideriees herein g anted, and �•soba Ose of the s . deed ,nerchv blob{:sell,its successors end s a id Cit ce poi ions snss Ltons v span Ci1Y ha'demands. Ikons all whats claims, demands. less rnii wacity, which whether taco in equity, which shall by tinted,fhateverr arndele Said Cifv 'for fury or carnage'toabutting .ProoBeer.personal In Torres or other. by r of the granting of loise french sae,o or by reason of the construction or oneratIon a said track and that the Aranteelee herein. its s and assigns will tee ofoadiudlaad'nn ivhiois any sit or proceeding an be or =Fal1 br.fo'lnd gainot.-Id cart l tSr City.: provided. however, that saidrod anter.e it end a s. I snarl hetefhad notice of e suit`o •:h ruin,lr po at`nd darned rthens and said g rntec. oast e red .n:n rem anr,tgsnnngnan for any inlne t clamor hen reason Iof any^s., sa,,.,lury r -tine or eoiam-. to SECT CI sold fr:rk. SECT'fo h, rests fro lrhise is .ere• rho after of :rn e.n r t •s tram and after,de pees.+ne r, this rdiran e; O ovmr i h 9,ever, ,see i so, t .i t Of nine(li c0 ,utioa tiOe,Ye du rind tie the life of rs used`fee cthee shed esafoe rark whinys this franchise is a acted.or if there Is a j sr5stentiai abandonment of the use, of said spar track for said g said franchise shall be nidah eseat: the notion, t s'Id Board ofcommis- sion,. emd If sn nrdared y m SFaidit ccmmrsr ,:,a)d _atd a within ued Pa)ticSt he street re. th stored t0 a Condition l with she f ear a shed st dart en Derr grade, mrler la's act. < ',snort cr; Fed C the s eers.I n an even Beard rthef folure Iof sold Diemen to event m said ir,ck and e s ld sweet,ell Bch action and a within said tinpy bbe done b eltakeity riy eg1 daS the rCo at Imo r....senko of he grantee. SECTION 6. the this grant and ,all the terms and conditions thereof 'grantee ea accenherein in thin r fhirtno y<]al I'davns nt 1eafter the taking elto of this c-dlnance.and un h tack be lnsiructed wilhtnne o (If Year from Id deer;cf ch be°tbaga,zte^.nV'ls a SEC of Ccrr In thenlre:nlaIs al'he BOr•d a 10 i.the habBantosr f Salt it City, ofrthe hs a themes Of ford I come Ct- lertio'ha.thin mrlr.nancC became ef- CTr ct B. This first n ere tion. 1n il le cis ifs firs)f Ceramic- ,' ace-cticihS It e i of CO,this ll e of Salt Lrbnr City.Utah,this 'so lsl day of November,KE1. J.BRACKEN LEE Mayor HERh^.Ah J. HOOFNSFN i.(s£AI I di tli BILL Na tortCity Ronn'dOr 1 •Published hen Nov.,3, 967 (A-71) 77