81 of 1949 - Granting to D. & R.G.W.R.R.Co. ( Denver and Rio Grande Western Railroad Company ) franchise to const ROL.L.CALL Salt Lake City, Utah, DEC 22 i49 , 194
VOTING Aye Nay
I move that the ordinance be passed.
Affleck . .
Matheson . . . o' /✓ cf �f
Romney . . . .
Lingenfelter
Tam . . . .
Mr. Chairman . . AN ORDINANCE
Result . . . .
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 the east 54 feet of Fourth West Street between
Eighth and Ninth South Streets in Salt Lake City, Utah.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION I. A franchise is hereby granted to The Denver
and Rio Grande Western Railroad Company and its successors and as-
signs to construct, operate and maintain a standard gauge railroad
spur track over and across the east fifty-four feet of Fourth West
Street between Eighth and Ninth South Streets, in Salt Lake City,
Utah, the center line of said spur track being more particularly
described as follows:
Beginning in the center line of the existing easterly
track in Fourth West Street 123 feet south of the south line
of Eighth South Street and about 54 feetvwest of the east line
of Fourth West Street; thence southeasterly on a turnout to the
left from said track on a curve with radius of 193.19 fees
151 feet to the east line of Fourth West Street at a point
about 65 feet north of the south line of Lot 5, Block 8, Plat
"A".
The location of the center line of said track is graphical-
ly shown in yellow upon the attached print, which is hereby made a
part of this ordinance,
SECTION 2. During the term of this franchise, the grantee
its successors and assigns, shall be subject to the following condi-
'ions, viz:
(a) The said track shall be laid upon and conform to the
established grade of said street;, and if said grade is afterward
changed by ordinance of the Board of Commissioners, the grantee
81.
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shall, at its own expense, change the elevatioh of the track so as
to conform to the same.
(b) Whenever said street where said track is constructed
shall be paved, repaved, restirfaced or repaired, then said Grantee
its successors and Assigns, shall pave, repave, resurface or repai
between the rails and for a space of two feet outside of each tail
with the same kind of material used on said street, or with such
other material as may be approved by the Board of Commissioners.
In the event said grantee shall fail to pave, repave, re"
surface of repair and surface any area as herein required for a pe -
sod of thirty (30) days after notice from the Board of Commission-
s
fers so to do, the City shall have the right to pave, repave, resur
face or repair between the rails or said surface or area and the
{
Grantee agrees to reimburse the City for the total cost Af said
work, labor, and material.
(c) The said track shall be laid and the road operated
so as to cause np unnecessary impediment to the common and ordinar,
use of said street upon which it is laid.
(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 track so as to admit
of ffiee passage of water.
(e) 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 the track aforesaid.
Neither the engines nor cars shall be permitted to remain on said
track.
(f) If, in the replacement or maintenance of said track
Grantee shall remove or in any manner interfere with the pavement
sidewalk, curbs, gutters or waterways on said street, it shall re
place such pavement with the same or such other material as shall
he ordered by the Board of Commissioners and shall replace such
sidewalks, curbs, gutters and waterways to the satisfaction of th.
I Commissioner of Streets and Public Improvements and shall so con-
struct the gutters and waterways that they will allow the free
passage of water to the satisfaction of said Commissioner.
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1
fl
(g) Said grantee shall put in and maintain such crossing-
,
Ijdlvor said track as shall from time to time by required by, said
Board of Commissioners.
SECTION 3. Nothing in this grant shall be construed so
las to prevent Salt Lake City or its authorized agents, contractors,'
persons or co1lporatiOrW; o 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'(urnfiroving
` said street, but all such improvements shall be made with as littl
!oinjury as practicable to said track and the operation thereof, Whe
! Salt Lake City undertakes to place any utility under said track,
, jthe grantee shall at its own expense underpin and protect its trac
'while said utility is being placed under the track.
SECTION 4. The said grantee herein, its successors and
assigns, shall, and by the acceptance of the privileges and fran-
IlIchi.ses herein granted and in consideration of the same does bind
litself, its successors and assi=;ns, upon lits)acceptance of this
franchise, to save the City harmless from all suits, claims, deman•s
and judgments whatsoever, whether in law or equity, which shall be
iiasserted, found or rendered in any manner whatsoever, against said
City for `njury or damage to abutting property or otherwise by
II
�reason of ,the granting of this franchise or by reason of the opera-
!
' tion of said track, and that the grantee, its successors and assigns,
will pay the amount of the judgment, determination or adjudication
which in any suit or proceedings may or shall be found against Sal►
Lake City, and the said grantee, its successors and assigns, shall
!i
'appear in and defend all actions brought against Salt Lake City fo
any injury or damage by reason of the construction, operation, or
!Imaintenance of said track, provided, however, that said grantee, its
[successors and assigns, shall have had notice of any suits and an
i!
inopportunity to appear and defend the same.
SECTION 5. This franchise is granted for the period of
Ififty (50) years from and after the date of the passage of this
liordinance. provided, however, that if for a period of nine consecu-
tive months during the life of this franchise said track or any par
thereof is not used for the purpose for which this franchise is
! -4
granted, or if there is a substantial abandonment of the use of
spur
said/track or any part thereof, this franchise shall be voidable
spur
at the option of the Board of Commissioners, said track shall,
within thirty (30) days after notice, be by said Grantee removed
from the street 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 Streets
and Public Improvements. In the event of failure of said grantee
spur
to remove saiJtrack and to restore said street upon said notice
and within thirty (30) daffi thereafter, the work may be done by
Salt Lake City at, the.,expehse of said grantee.;
SECTION 6. UnlesSthis franchise.,and all the terms and
conditions thereof shall be ,accepted in writing by the grantee
herein within thirty'C3A) ,tlays after this ordinance becomes effect
spy.,
'` � ive, and unless,4saiB/trac Abe constructed within one year from the
date of such passage, then this ordinance shall be null and void.
SECTION 7. WHEREAS, in the opinion of the Board of Com-
missioners, it is necessary to the peace, health and safety of the
inhabitants of Salt Lake City that this ordinance become effedtive
immediately.
SECTION 8. This ordinance shall take effect ypon its
first publication. /2o, ,' '`
(� --_
Ri Passed by the Board of Commissioners f-Salt Lake City,
Utah, thid y��. day of AaGtr ✓�-�/ a‹ ,'a79< g:
/.lamP ,
✓- :
/'' ayor
977- ‘ --____,,..)
City Recorder. /
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Proof of Publication
OF
Attorney
Affidavit of Publication
STATE OF UTAH, as
County of S ILIda>�
' Legal Notices
AN ORDINANCE
. -ORDINANCE GRANTING TO
A NR RIO O'RANDY
uc ssorsA OAV COIISPrigh ..- ,_.C101,1Y
1 the right ��
i a 4tand rdi and ins maintain
construct,
'd`and gauge s the6d °54 Being first duly sworn,deposes and says that he is the ad-
featkof Fourth Wee Street between
Salt tLakeand
City,Ut South Streets'° vertisin clerk ofTHE DESERET NEWS,a newspaper
Be 1t ordained by the Board of 9
efonare of Salt Lake City,
Utah: published in Salt Lake City,Salt Lake County,in the State
SE V
ggrCTI(}N I.A irnncriles Is hereby
Gr ntde tkeateo`Rallroard Company
and its succerate and assigns to of Utah.
e construct, operate d maintain
sandard gauge the,d spur track
and across the east fifty-four
feet of Fourth West Street between That the advertisement
Eighth and Ninth South Streets,Salt Lake City, Utah, the center
er
linec
P said spur track being re _
particularly escribed as follows:ne of rul)lishir.l ixi `ordinance Hill :�fo, 81
the evicting easterly tr the ack to er Fourth
West Street
line of fzEighth South Str3 feet aouth of eet
e
south
about 64 feet west of the east
line f Fourth West Street;thence
southeaeterly on a turnout to the
left from said track on a curve with
radius of 193.19 feet 151 feet tb
the east line of -Fourth West
Street at a point about 65 lest
north of the south line of Lot g,
Block 8,Pat"A".
Said°trlac location
n e aphteaenterly line
wn of was published in said newspaper, in its issue dated, the
rint,
which ie hereby made yellow upon• the taapart eched l this
ordlganre. day of A.D.19
SECranchie,During the term d-
this rs andlle,the grantee,1 suc-
cessors and assigns, hall be via:subject On 8cc. 24, 1949
W the esaid
following conditions, la: and was ryry�tublished
(n)The a Id track halt bi laid
C
upon and conform etoe the established
grade f er street, and If aaid le said
B hanged by r- the last publication thereof being in the issue dated the
stonerdinagce afterward
the Beard of Commis.lie wn
expense,
the grantee the elevation
cowl
thPetra, change o m he
e track so as to conform tO the same. day of A.D.19
(b) Whenever said street here
bald track is constructed shah be
paved, en said
resurfaced /6/�
passed,and id s,Grantee,itspave,
sue- i �,�(,�'-�
eaore and assigns,shall Abet,between
` Advertisin k
resurface o repair b f two
gall f the
tam railsthe kind o f for
r used en and
eme,or material on said
Erem or with such other material
of may be approved by the Boned
of Commissioners.thev
In the event repave,
grantee shallo
failalto.end`surface any
nyur[aa es ,afore me this �-fs_�h day of
a hekeln required for a ported aof thir-
ty )ci day.
ers so`to doe r�
au
the City shall have athe orright pa to A.D.19
between Wre.raile`or ee16 rfide or
area and the Grantee agrees to're-
lmburee the City for the total coat
of saidrk,laor,and material.
(a)Thewo saidack shall be aid
d the road opted so as to cause _
Notary P ace expense o}said Grantee in all
water'ditches crossed by said track
so ea to admit of free passage"of
water.
(e) Salt Lake City reserves the
right to regulate and control the
speed ofall trains,enema and care
suc-
cessors by'ass gns,antee,upon the`track
aforesaid. Neither the englner nor
ears shall be permitted to remain On
said track.
(I) If, In the replacement Sr
bralateaance of said tryst Grant..
♦hall remora or in say manner 1n•
terfers with the pavement, side.
Walk,.curia, gutters or waterways
o said street,It shall replace such
pavement with the same or such
other material as thall be ordered
by the Board of Commiseloners and
shall replace suoh sidewalk&curbs.
gutters
Satis-
faction and
the waterways Commlesioneratlof
Streets and Public Improvements
gad shall ao construct the gutters
and waterways that they will allow
-the free pamage-Ofs-wate,to-DIe- •
toners
sa `ction.of said Eatd grantee shall put inBad {
(e)
track as shall front maintain such crossings
over time to time
be required by said Board of Com-
[r? SECTION 3.Nothing in tills grant
4(4( shall be construed to prevent
Salt Lake City or its authorised-
agents, contractors,i ersons or cor-
porations to whom franchise may
have
from paving.sewering,'lays
water mains or
afag
eriag,reeppairing,-or•In any
Man-
nar improving said street, but all
such Impr0Vemsnts shall be made
with a little Injury es practicable
o said track and the operat1i�opn
thereof. When Salt Lags City dp-
dertskee to place any utility under
said track,We grantee shall at its
own cadence underpin and protect
Its track while said utility Is being
placed under the track.
' SECTION 4. The said grantee
herein,is au eesors and assigns,
shall, d by the acceptance of the
privilegesnted and in confrsideratio herein
n of the
same does bind itself,its successors
nod assigns,upon it acceptance Of
this franchise, to Pave the City
• harmless from all suits,claims,de-
mands and Judgments whatsoever,
whether in law or equity, which
shall'be asserted,found or rendered
o any manner hatsoever, against
said Clay for injury or damage to
abutting.property or otherwlee by
reason of the granting of this fran-
chlte or by reason of the operation
of said track.and that the grantee,
Its euorrssors and assigns,will Day
min
t oatlon unt or d)udicthe {{ation whichM1p-
any suit or roceedings may or shall
be found against Salt Lake City,
and the said grantee.its su00easora
and sasi Ce, shall appear in and
defend all actions brought against
-damaget Lake
by reason
City f f`the injury
truo
till, peration, r°m maintenance
f
mild treat,provided,however,that
said grantee,its succeesore and as-
signs,shall have had notice of any
sults and.n opportunity to appear
and defend the same.
SECTION 5. This franchise _1s
grantedperiod
s of
years
from and after the date
the
`however,te of hat ifdfornaeperiood
of nine consecutive months during
the life of this franchise said track
or any part thereof is not used for
the purpose for which this franchise
sn granted,
bandonsment there
f the use of
` cub.statial
said spur track or any part thereof
this franchise shell be voidable at
the option
said spur Btrack shall,with-
mss thirty(30)days after notice,be
by Grantee treet removed fromto t
condition uniform with the-balance
of said etreet with respect to grade.
materials, and construction to the
satisfaction of the Commissioner of
Streets and Public Improvements.In
the event of failure of said grantee
reetore remove
said
upon track
notice
and within thirty (30)days there-
LIter,the work may be done by Salt
ake City at the expense of said
grantee.
SECTION 6.Unless this franchise
and all the terms and conditions
thereof shall be accepted in writing
by the grantee herein within thir-
ty days
and after this unless la ordinance becomes effective, said
spur track be constructed within
one year from the date of such
passage, thenolt is ordinance shall
be null nd v
SECTION 7. WHEREAS, In the
opinion it ist neo ssary toofthe peace.
health and safety of the Inhabitants
of Salt Lake City that this Oren.
natl. become effective Immediate-
ly.
SECTION 8.Thsa ordinance shell
take effect upon its first publica-
tion.
Passed by the Board of Commis.
' this°rs 22ndf day Salt
ofLDecembeake r. A.a D
1949.
EARL J. GLADE,
Mayor.
IRMA F.BTPNER
- (SEAL) City Recorder.
Bill No.81.
Published December.24th, 1948.
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