HomeMy WebLinkAbout8 of 1943 - Granting to Bamberger Railroad Company franchise to construct, maintain and operate a single spur tr ROLL CALL APR 20 li,43
VOTING
'- Salt Lake City,Utah, 194
Eia�iv - - - - I move that the ordinance he passed.
Nk Cox -
Tdesco •
^' CI,a,'ae AN ORDINANCE
Result - - - -
AN OPDINANCF Fronting to the Bomber.gcr Snilrosd Comrany,
its successors and. assigns, ^ franchise sod right of „-ay to con-
struct, maintain Pod ooerote n single srur track ur-on TN.ird Test
Street in Salt ?eke City.
Be it orcained by the Board of Comml ssioners of ,Salt
Lake City, Utah:
SFCTTOW 1. A franchise end rirf't of ,.ray is hereby
granted to the Bamberner railroad Comrany, its successors and
assigns, to construct, maintain and onerste single our track
in Solt Lake City' the center line of said spur frock being de-
scribed ps follows:
Beginning; on the center line of the West (r,outhborn.d)
track of the Bomberger Railroad at a point 5 feet West end 277
feet South of the street monument at the intersection. of Third
Test and Fighth North Streets of Salt Lake City; thence North-
westerly on < curve to the left throorh an arc of 190 30' with a.
radius of 529.65 foot,180 feet; thence North 1.9° 301 Test 53.25
ft.; thence on a curve to the right through on arc of 19° NO' with
a radius of 331.8 foet,112.5 feet; thence North 3.37 feet to a
-point on the south line of Lot 1, Block 170, Plat A,r>t 9 feet West
of the Southeast corner of said lot and block.
SFCTTON During the term of thi.s franchise the grantee
shall be subject to the following conditions, viz:
(a) That said sour track 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 Commissioners, the
Grantee shall, at its own exrense, chant=e the elevation of the
track so as to conform to the same.
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(b) Cook and sufficient conduits to convey meter shall
be laid and maintained in rood condition at the oynenoe of said
srantee in nil dfatar ditches crossed by said sour track so cc to
adnit of free arssase of Tnter.
(c) Said track shE.:11. be laid end enerated so as to
cause no unnecessary lorediment to the dormer and ordinrry use of
said street upon vbick it is lEid. Said ara-ptpe shall put in end
maintain ouch crossinas over said tract,- ao shall_ from time to time
be redaired by the brood of Commlooioners. rhencverr said street
where spid t.rsck is constructed shall In daver , resurfsne or re-
paired the said srentee, Its °,,CCP5O75 rod sSiTrIss ShPii. nove,
recur-free or reasair between too rails 7nd for ' snace of two feet
outside of each rail. wita the ore clnd of rt teri al used on the
said street or with such other mpterifl do may be esdroved bv the
Board of Comissioners and all ties shall. be lartf umm r concrete
hawse of such thickness as shall Tn directed by the Board of
Commissioners.
(d) That if in buttiny fa said our tract srCH or tee
shell remove or in any nehne interfere with the ravement, side-walk,
rurbs, autters, or 7rterYays -r orid street, it shall reelf.an such
asvement ,h,ii..h. the core or such. other msteril ao sfa,l1 he ordered
bar the Ford of CommAs,iorers, and shali,. re-arco such siderfalk,,
curbs, autters and Pater',,sys to the satiofaction of the koerd of
Commissioners, 0153 51101k so construct thn s,attors and wrt,er,ays
that they rill silo,. the free "°00050 of- srter, to the satisfaction
of the Tioard of (fnmro
SY.CTTOU 3. N,thirc, in this srrrt shall To construed so
as to no-event Colt. Late City or ito authorised rrnnts, contrfletoro,
rensone or eorymoations to whom a frrnchise may hsve Teen, or may
hp,eoctar be 1-anted., from ravira. sel,erirp. Lm'.' o coo or motor
mains or hir,es, alterirs, rebairiry, or in rap 1177,rm', b rrovine
said. street.
TP.c7,TTnw 4. The said arartee rrein, its succonsors trod
assisns, shalj, and 177 the n, certatce or the s-ri ml i.e-no rid frammis.,,,
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herein rioted, nod in in -too of the P--P, Hoen 1-Ind
i toPuefe,PoPP rrvl or era' 11,,n1-1 ftn none tire ni t10i rrnrchl-e,
to ,:nve the city bnrmlo,- from -11 nnitn, clrim-, nod
Werts, -,1-1' tsoovpr, ,,hethrf In or efultv. nhn1.1 EP P,'Prted(
fonn,1 or rendered in fir-nnPr vn,,t<-eevr-r, -r -ir-t "-in rity .f'pr
injury of ,;nwee to -hrttinc -rororty, or othereir:c, by reiren of
the oner'tion of mild 1,1Jr tracy no . tn. A tine ' rnnt/.e. it- cucirm-
vorm r ,iff.- vl 1 reV rwollpt of det,rrcl, -+1,n
or roluqicrtinh ,.-11011 in fry ,vit op -rocec.( fine may or flrit
tonr nrninnt Snit T.,nke rity nra the on ern -d:onon-nrr;
rod c'icils or, '11:"11 --nr-c in -nr1 !I • et1(,1, 1 -or,
t Lnme City loloy niury eJ iprufr 1- ,nr, ol the onnottue-
tier, e,erntion or mnioten-rcm' n1 nnld trnet; nrcvinen, ho-ever,
tart nr-hr vrrtee, it, -nace—o,n -nd hi I here WO notice
of nr-7 noon sultn, rod rr o- cortnoity to 'nho:f nrd Hefer
;OCTTflU h. TniF .roehine sinntt e,1 Fro _Int my of
Jaly, A. 195h, 'aid, ante-in other- c' e En1orv'ed, n'Id fro' Or 11
Ice reTileye . toe ptyeoto ; v;i1
be roctorea to their nrirArni conditio n- rerrly nn
theenitnr, ol o-on froNore of sri,d r: ifrord curft, ;-hv
to so remove said s 'or trncl- odor nntice the city mall ncrinvr the
r,nPe cod collect the er.'t toPrefor from e'ie a'ili•o- o COMnPnY;
r-vnviloed, ho,Tever , that le roach fly 4; not
used for the PlirrnPe for ,,EiPn this frcrchien in nr-hfed, or if
tnerc is n Oncdonmert nJ the use of nnia trnok or
soy erirt thereof, this f',-rehine n,h-lf 'be vridnllo I the n, ti(n
of the Uc--rd of Commirrrnioanrc'. n,nin tr. od nhnll thirty (r0)
near,, nr'ter notice Le tar scud trPnte remove,' Irrrrri the btrent, and
the ,treet in-stored to P eOrlitiefl nnifPrm tire Ad once of
nrid street ,ith PPF.Eeet to rrnee, nv-tort-1- con,;frl'Pti_on, to
the tisfic of ti-ne l'ctra 01 COmmi ,lopfr5. Ti-' tire event of
failure of -nid nrnrtee to remove sold to PP''tnre solO
street ItE,on QP1(i notice, ens ,-ithrin thirty '!PvP the-er- ffer, the
-nrk mny be done by hnit Lnke City nt thc nx prine o: r rentee.
-4-
SFCTTON 6. This franchise ip rrartnn ucon the additional
five conditions, to-wit:
(c That the Bomberger Failroed Company furnish end in-
stall an 8 inch valve on the irmtermri.n running alone the south
side of 8th North Street, ,,Jest irem Sod i^:e. t Ft.r,et, renlecino an
8 inch valve at the southwest corner of 3rd west and £rt North
Street.
(b) That the frocks en,' ties of the . enr to sn -planed
that the end o ' the ties shall be not closer tAnn s,i.x Shot fr<,m
valve on. the existing 1C inch waterma;n, rini o• etrr' +hr went
.side or 3rd Wept Street.
(c) That, due to the fact th-t the =ur track will he
about a, font lower than the evicting street race of !lath. North
Street, the Frmberger Railroad Company grade, ,'ravel and oil and
install clank crossing' on Sth North Street west r r_.r•ovirr,te''_y A00
feet from 3rd West Street, according to grades rod instrii_: tiens
from the City Fnpineer.
(d) That the Famberfor Railroad Company 4o, the necessary
rr ai.n,, Traveling and oiling and, install. plank crossing aC jecent
to the sour on 3rd West Street, i.mr,ediately south of Fsth North
Street.
(e) That the manhole Frame and cover of the s-mniL-ry
sewer manhole be brought to grade by and at the Bomberger T,'. 'irom_d
Company's exrense.
F'CC'iION 7. Unless this "ranchis;e and all the terms and
conditions thereof shall be accented in meriting by the arr rtee
herein within thirty days after this ordinance brooms-' eff^ctive,
and unless said track be constructed within one ,year from the
effective dote thereof, then. this ordinance shall be null r_nd void.
SFCTION 8. In the opinion o1 the Eoaxu of Coanrd.ssirners
it is necessary to the health, peace on.d safety of the i.nhr?itsn.ts
of Salt Lake City that this ordinance becomes effective immediately.
SECTION 9.9. This ordinance shall take effort u son its
publication.
Passed
_ ' )
. ., . ‘• -- - - • _ -
Passed by the Board of Commissioners of Salt Lake City,
Utah, this 241kpy of A-s-..ril 1943.
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Affidavit of Publication
STATE OF UTAII,j
County of Salt Lake J
Legal Notice
AN ORDINANCE lit i' I-• Ti Quit
AN ORDINANCE 'ant ink the
ce;nors a Railroad °°a°`"ran ise Being first duly sworn,deposes and says that he is the ad-
milt of way to construct,mainmin and
r tc aingle s rut 11 n track Third
west Street.in salt Lake bit..° vertising clerk of THE DESERET NEWS,a newspaper
t
Be t ordained by the Board of Com-
of Salt Lake City,Etah:
SECTION 1.A franchise and right of published in Salt Lake City,Salt Lake County,in the State
hereby granted to he. Bam-
hi,rgcrsRailroad Cmpany. its successors
and operate
t
and
City;t inter e r ifack a maintain track of Utah.
City;the canter Sl of said sour track
being nning o as.follows:
Beginning r the center line of the
West (ea Railroad
bound] track �f Let Ram-
and ,' Sect a to`s feet went That the advertisement
and 2'a feet inters c i olhe scrim[monu-
ment est
t the intersection Streets
of Thad bleat
a
and Eighth North 9esterl of Salt Lake
City; thence Northwesterly on a curie '
,
to the left through an arc of IO dearest ,v==':�:..1-'-7,i;C...,4„_,.....1�i7.._u '---.'1<-aLG:m.Lit._-5.i1U'.x','t'
10 n with a radius at 529,85 feet,
180 feet thence North 19 degrees 30 nun.
Otis West 53.25 11,;thence on o rre to
the right through a of 19 degrees t'''u„U,-(2
minutes,nutes,with a radius of 331.8 feet,
112.5 foot; thence North 3.37 feet to al
point oil t
llit. Plat A south lineieet West of
1 Block
•
Southeast co of said lot and block.
SECTION 2CeDuring the term of this
franchise the grantee shall be subject to
the fmllowmg condition. V- was published in said newspaper, in its issue dated, the
Ind Thaupon t said nfoun trato ck oishalib be
lieh p p
ed grade of said treats. and slif said
grade re of hanged y ordinance day of ril A. D. l9.
of the Board of Commissioners. the AL-
Grantee shall, at its own expense.
change the elevation of the track so
as to conform to the same.
U.iCf.
(I, Goodwater and
nef']e5011 and condmainuits and was published
convey
good condition at the a of
said grantee in all water ditches
d by said spur track so as to admit oI the last publication thereof being in the issue dated the
free passage of water.
(c)Said track shall be laid and oper-
ated p impediment. to as f thea°no common yid oral day o f A.D. i s
l nary ldso of dsaid nstreeet uponll Which it /
maintain sSaid
ob grantee
r singe o saidutrack
RS shall tram time to time be re mired
by the Board of Commissioners,When-I t
dssaid street where id etra.ck t i —
tructed hall he paved, r facet'I Advertising Clerk.
or repaired, the said ranee,silo uc-
or rand assigns, hall pave,resurface E•d
epair between the rails and for ' 2d
space two kind t outside
ach used rail
on
with the
the said street o with such other n
feria'a y be approved by life Board
of Commissioners and all ties shall be
laid upon a concrete brio of such. _
Bthicknessshall be directed by the 1,-.1 enty—:,e VEnti:
oard f asommissioners. before me this clay of
(d) That if in putting in said spur •
track said granted shall remove n
any manner interfere with th waterways
,
on sai'elk, curbs, gutters, c atcrway. A D.
�n`a
said street,it shall replace such pave- A. J
omeat with the m or such their ma-
terial Co a shall r. 113 shall
by the Board
al Coaun.s curbs. and rs a dreplace such
to the tks.sar curbs,gutters and dot Co>'-
m the satisfaction f the Board of Gthe
and shall so construct the
gutters e Com-
missioners. waterways 'bat broill ,\ s _
allow the free passage I 'ter.to the
satisfaction of the Board of commission-i Notary Publi .
i
SECTION 3.Nothing in this grant shall
he construed so as to present Salt Lake
City or its authorizes agents. contrac-
tors. 1 raions to whom
franelhsea's di,foom been, maY
,laying F water malnsn paving
u1Pea,
altering,repairing,0 in any Manner rm
Droving said sheet.r
SECTION 4.The said grantee herein.
its successors and assigns,shall, and bx
the accepta lice Of the privileges and
franchises herein granted.and in consid-
eration of the same. does bind itself.
its s and Irnoigns upon its a
ceptanes successors
this franchise.toe the
y harmless Ieom ell anus, eiu d<-
whotb in
judgments, whatsoever
whether i d law n which shag
be asserted.
any
whatsoeve et re r manner r. against said city
for injury e damage to abutting pron.
r u
arty.o oherwise.by r of the op.
oration
spur of said sp track and that the
grantee. its successors
and a will
Day the amount of any judgment, de.
terminationor adjudication which in
an nit o eedngs shall
he found against Salt Laker City:and the
said grantee, i and assigns.
shall appear In and defend aft actions
brought a nst Salt bake City for any
injury r damage by r r of the co atntetlon, operation ora i ,c ntenme:rof
said sallya track:provided.however,that
g
said grantee, its successors and
signs,shall have had cn sat a nch
and a opportunityt to appears and
defend
SECTION 5. This franchise shalt ex-
pire d,on unlless 1st day of therwise)ly,eat nded,195,
s5ad
tack shall be removed and the streets
over which this franchise is
granted
shall be restored to their original condi.
lion as early as practicable immediately
thereafter. and failure t of said
railroad c mDany upon
og 0 and spur
rack upon notice the city may remove
the same and collect the cost therefor
from said railroad company: provided.
however,that it said track or9 part
thereof i not used for the prp0se for
which this trauchise is Granted, or if
a
there substantial abandonment of
the use of said track or any Dart there-
of. this franchise shall be voidable at
the option of the Board of Commission.
rsaid track shall within thirty (301
days alter notice be by said grantee
removed from the street,and the street
estored to a condition uniform with the
balance of said street with respect to
grade,materials and construction,to the
satisfaction of the Board of Comnriseion-
In the event of failure of said
grantee to removesaid track and to
restore said sreet upon said notice,and
with work
map lea done irtV days
s>Salts Lake City heat the
exurnse of said grantee.
SECTION dd This franchisevcon is granted
wni the additional fire common., to.
t
(al That the Bomberger Railroad Com.
parry furnish and install an 8 i ch e
valvel
on at
he running along south
side of en8tll North Street, west
from 3rd West Street, replacing an
inch valve at the southwest corner Of
3rd West and 8th North Street.
(it) That the tracks and ties of the
spur
be
tea hallo be tared that not the
than six
of the
feet
front a valve on the existing 10 inch
watermain.running
along the west side
of 3rd West Street.
(c) That, due to the fact that toe
spur track will be about a fool lower
than the existing street grade of 8th
Street.North grade t1igravvel and ariland
Railroad
Companyin-
stall plank c g on8th North nStreet
a tely 400 feet from 3rd
West S m
Street.according to wades and In•
strueuons from the City Engineer.
(d) That the Bamberaer Railroad
Company do the n tall
grading.g
slily and oiling and ins 'rnss-
ndlaeent to the. splitoil 3rd West
street,immediately south of 8th North
Sh rest.
(el
)f That
the sanitary
ani ymanholesec tramp and manhole heer
brought to grade opand at theBarn.
berger Railroad Cnmrrnr's eapeilse.
SECTION 3. Unless this franchise
and all the terms and condition.thereof
shall ho ace pled in writing by the
grantee herein within thirty days after
uneora ta �emeetructoin
lsssaidtckb constructed effective,
from the effective dale there.
of,e then this ordinance shall be null and
void.
EnroION 8. In the opinion of the
Board of Commissioners it i3 necessary e
to abit health, peace and say that
the
inhabitants ce of Salt Lake g ii that this
nSE SECTION
becomes effective e media take
ices.upon
8. This publication.
enshall take
etloa. lieu its pBoard of
Passed by rite Board f Commissioners
of Sell bake CitS. Utah, this 20t11 day
of April, 1043.
AS JENRINS,
Gym.
BT City
MACDONALD.
LD.
CiA Recorder.
'BILL
Published
he.B.
A
Published April 23,1043.