8 of 1978 - Granting to Salt Lake, Garfield and Western Railway company, a franchise and its successors and assi 1L+1 0
,AOTING Aye Nay Salt Lake City,Utah, January 17 ,19 78
Mr.Chairman // !
I move that tlye Oi if ance be passed.
Agraz i gol
exam
Phillips • '�
rSC(21fsi s
Result / i'AN ORDINANE (;;.;
e
AN ORDINANCE granting to the Salt Lake, Garfield and Western
Railway Company, its successors and assigns, the right to construct,
operate and maintain a standard guage railroad's spur track over and
across the northerly end of Neil Armstrong Road (4955 West) immediately
North of 500 North 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
Salt Lake, Garfield and Western Railway Company, its successors and
assigns, hereinafter Grantee, to install, operate and maintain a standard
guage railroad spur track, with no new or additional spurs being
attached thereto, over and across the northerly end of Neil Armstrong
Road (4955 West) at about 500 North Salt Lake Internation Center in
Salt Lake City, Utah, the location of said tracks being more particularly
described as follows:
Railroad Easement
North End of Neil Armstrong Road
Salt Lake International Center
Beginning at a point on a 73.00 foot radius curve the
tangent to which bears N13°31'08"E, which point lies N76°28'52"W,
73.00 feet from the center of a cul-de-sac at the northern end ,/,_
of Neil Armstrong Road thence northeasterly 26.02 feet along
the arc of said 73.00 foot radius curve to the right; thence
N78°12'26"E, 101.91 feet to a point on a 73.00 foot radius
curve the tangent to which bears S57°31'39"E; thence southeasterly
26.02 feet along the arc of said 73.00 foot radius curve to the
right; and thence S78°12'26"W, 131.98 feet to the point of
beginning, containing 0.058 acres.
SECTION 2. During the term of this franchise, the Grantee shall
be subject to the following conditions.
1. Said track, and the roadway between the rails and for a
space of two (2) feet outside of each rail, shall be maintained by
the Grantee as required by city and at all times conform to the
grade of said street. If said grade is changed by ordinance by
the board of city commissioners, the Grantee shall, at its own
expense, change the elevation of the said track and roadway so
as to conform to the same. If any maintenance on said road-
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way is not completed within seven (7) days after written notice
from City, City may perform such maintenance or repairs to said
roadway as it deems necessary, pursuant to said notice, for which
Grantee will entirely reimburse City upon presentation of its
bill. Grantee will pay any costs or expense incurred in collecting
such maintenance costs, including reasonable attorneys fees.
2. Whenever said street where said track is constructed shall
be paved, resurfaced or repaired, said Grantee, its successors and
assigns shall pave, resurface, or repair between the rails and
for a space of two feet outside of each rail with the same kind
of material used to surface such street, or with such other material
as may be required and approved from time to time by the board of
city commissioners, and said surface shall, at all times, be laid
upon a concrete base of such thickness as shall be directed by
said board of city commissioners.
3. Said track shall be operated and maintained so as to cause
no unnecessary impediment to the common and ordinary use of said
streets by pedestrians and vehicles.
4. City reserves the right to regulate and control the speed
of all trains, engines, and cars operated by Grantee, its successors
and assigns upon said tracks.
SECTION 3. Said Grantee herein, its successors and assigns, shall
and by acceptance of the privileges and franchises herein granted and
in consideration of the same, does hereby bind itself, its successors and
assigns, upon its accpetance of this franchise, to save said 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 whatsoever against said City for injury or damage to
abutting property, personal injuries, or otherwise, by reason of or
arising out of the granting of this franchise, and that Grantee, herein
its successors and assigns, will pay the amount of any judgment,
8
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determination or adjudication which in any suit or proceeding may or
shall be found against said Salt Lake City Corporation; 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 Corporation for any injury
or damage by reason of or arising out of the construction, operation,
maintenance, or use of said tracks.
SECTION 4. This franchise is granted for the period of fifty (50)
years from and after the effective date thereat provided, however, that
if, for any period of nine consecutive months during the life of this
franchise said spur track, or any part thereof, is not used for the
purposes for which this franchise is granted, or if there is an
abandonment or nonuse for nine months of such spur track or any part
thereof, said franchise or the applicable part thereof shall be voidable
at the option of said board of city commissioners; and if so ordered by
said board of city commissioners, said track or part thereof shall,
within thirty days thereafter, be removed and the involved street
restored to a condition to conform with the balance of said street with
respect to grade, surface, and underlying materials and construction,
to the satisfaction of said board of city commissioners. In the event
of the failure of said grantee to remove said track or part thereof and
restore said street under this or any preceeding paragraph, upon such
failure and thirty days written notice has been sent, said work may be
done by Salt Lake City Corporation at the entire expense of Grantee,
including any costs of collection of said expense, including attorney's
fees.
SECTION 5. Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the Grantee herein within thirty
days after the taking effect of this Ordinance, and unless such track
be properly maintained as prescribed above, then this Ordinance shall
be null and void.
SECTION 6. In the opinion of the board of city commissioners, it is
necessary to the peace, health, and safety of the inhabitants of Salt
Lake City, Utah that this Ordinance become effective immediately.
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SECTION 7. This Ordinance shall take effect upon its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah, this
17th day of January , 1918'.
/ Temp rary Chairman
i
CITY CORD R� /
(SEAL)
BILL NO. 8, of 1978 /
Published January 21, 1978 1
8
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
AN ORDINANCE Shana D. Palmer
AN ORDINANCE granting to the Salt Lake,Garfield and
Wast , ay nd'it ° lg t e dmoo construct,operate a maintain gaugenlrem's
spur track over end across the northerly end of Nell Armsh'onp
Oty1495 West)immediately North of 500 North In Salt Lake
Be it ordainedm ardalrwd by the Beard of can a laalol»re ban Lake, Being first duly sworn,deposes and says that he is legal
Cify utah: • for y advertising clerk of the DESERET NEWS, a daily
I fo hsaECT1 N 1.A franchise
ranc i end WOgght of way is y C Pg°rented
sUCraaseri erd aaalga0.lherelnener Drente;,10 motet,operate (except Sunday) newspaper printed in the English
and maintain a standard qunaratlroadfourirack. Ifh n9 new language with general circulation in Utah, and
additional snare mire attached the d across Ma g
therly end of Nall Armstrong Road 49S:5 West) 1 about 500
•Nertion•laidtrrnattgmlCnterIn lt Lake y ty.Utah,the published in Salt Lake City, Salt Lake County, in the
dcetlon p said tracks tieing more oarticularly described no
roidws:a State of Utah.
.nit End of
ad Nell ArmstrR
North
ORoad
Salt take International f ter
6cryl i ,atap0ninard.n�rootraa{"o5` If,atang°,n That the legal notice of which a copyis attached hereto
�1 from
bhe center
entte of„ul-do °atMthlel northerna end of Neilil g
Armstrong Ron thence northeasterly 2d.02 feet aloe the arc 01
tut°etc fret tonita+awr»00 t right;trlef.:a curverete pore pub notice of an ordinance granting the right to
which bears 557.11'3P"E thence southeasterly 26.02 foot None
the arc of sand 73.00 foot radius carve to Its right;and shone;
57g•1726"W,131.90 feet to the point of b eginning.containing 0.05k acres,
construct
SECTION 2.During Ito term of this franchise,Me Grntec
shall ife sId{e fi bin r dwaydlbotween....Hs and tor a
the GranteeGrantee of twoen/roeef aiireddhby ily and al each tall time be s conform to iho
board 01 city commtreet issioners,
ers,fffle changed trsheik at itsy thy
own
fo thetrack d i noaod'o,°ito to Me sa0 the m.IIenynt n010 co
taithin sey nito notice to rsauKity Citymyperformsknlennceorrsi
roadway
oaawa8Itdeems
nni,auantto said ntic.Ire
whid willentiretyro m pe Clly upon oe of
Its bill.Grantee will pay any rests or expense incurred In
collecting such maintenance casts,Including reasonable attor-
neysfeeess. wry;
i,Whenever
bo aoefr.c.sand street
ooalrad slide acts Is
Ifs s wills
64.a l:nsor paver fac,orrepadd.:oenwr,theranaand was published in said newspaper on
Jane z1a 1978
r ate:P l°a d ttpo surface sects street,or with land,h oire maicrla
I as may be required and approved from I1m m to Hme by the board
of city commissioners,and said surface shall,et all tenet,be laid s
urn a concrete base of such thickness as shell In directed by \
Said board of city commissioners.
as un11$d1ac("rc ImpBlhm tH aCOrdmmm°M mlroiralna v u o of .l-
sad streets bypedestrians and vehicle.. T: 1`"�!\-(r�
ail t4nl City
nneres and might utre ergo to rated eyO Grantee,
pee o succcesol f Legal Advertising Clerk
and IE.SECTON3SaidGr Mee herein Its successors and assigns,
ein
granted
shah and Ill cwoniderationyka ofn of privileges e sae oesh erebhlbis nitItself,
to aaavosaidaid City armless from auacceptancems,dema` ;;i)re me this 16th day of
odgmnta what er,wnahter in law or in nullity,which shall
be asserted ?pond or rernydered In any manner whortovnr
mammatgl said
City or orlunrva rlsa Or damage
of or arisee.ouoof the: A.D. ]:Y..,8
004aaBrinash°ns of this
franc-hire,
hay are e,sw any nt of aannyr looddoment,,Iing �deto ts minatbis ....
fou°nrlludgaitns which Salt LakeP or
Coorreosotion(nr000Ided
Pus r,that said Grantee 119 successors and assigns shall have
had tice of any suit or silts and on opportunity to appear end
defend the soma;and sold Grantee,Its successors and assigns, / /
shall appear In and defend all`apctdns tiragid enamor Salt Lake __ r.
City
W of Corporation
construction,operateon18ma1 lint nahtce,,or use ofroam.of or isul Id
out
cSECTION 4.This frenrhira Is granted for the period of ft.
Notary Public
(50)years from and after the effective data thereat provided.
-however,
u ill t(tt Iiffe lM nisei a visaed said spur frac«olc any months
therm is not used for the purposes for which this franchise part
erO�llyind1,or if there Is ar atanda anent or nate.for nine months
:opikebloperlo ads Il pabe vo o°Idble Mt lR°ontlnsu or said
•heard of clap semmisslana s,and If se oreered by said board of
citdayys thereafter,be remod track andr part tho Involved street restored totoo
cndnln to caHorm whist,tie balance of said street with respret
me sa°issft accticlon of said Load of citmaterial.
c m"mieg and slonerAn.construction,
ovoni
and of the
saaidSsstreet under this or any sold
oc�bng or oa part aoh,
upon such failure and messy days written notice has teen sent,
sold work may be done by Salt Lake City n expense of Grantee, Corporation including any cc ohcollection of entire
said expense,including otnorray's fees.
dittioaw Hwreo.f shall be mce0tenit In writnd ing pyy Me Morns
nddn essnsuch ackabb°ee after the
take. of as prescribed
above,
bO SEC?IONNlc6. trackins diho mininance k.of all Me Il and board of city commisseon-
InhaMta it ls nts d Salt`Lake City,the oUtah,that(this ordinan and ce becom of e
effective Imnudlately.
SECTION 7.Thls Ordinance shall take effect upon its first
PuhlPition
assed by the Board of Commissloneis of Say Lake City.
Utah.this 171t1 day of January,1975.JENNINGS PHILLIPS,JR.
•MILDRED V.HIGNAM Temporary Chairman
Cit.Recorder
?SEAL)
BILL NO.0 of 1978
Published January fi,1978 (B 901
li