88 of 1958 - Granting to Denver & Rio Grande Western Railroad Company a franchise to construct, operate and maint ROLL CALL Salt Lake City,Utah, DEC 31 1958 , 195
VOTING Ay:7.Nay
I move that the Ordinance be passed.
Burbidge . . .
Christensen . . 17;
Geurts . . . .
Romney . . . Cosissioner o .keets '&413lic Improvements
Mr.Chairman .
Result . . .
SF
ACCEPTANCE•
ACCEPTANCE OF AN ORDINANCE GRANTING TO THE DENVER
AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN AN
EXTENSION AND RELOCATION OF AN EXISTING STANDARD GAUGE RAILROAD
SPUR TRACK OVER, ALONG AND ACROSS WASHINGTON STREET AND 14TH
SOUTH STREET IN SALT LAKE CITY, UTAH.
WHEREAS, the Board of Commissioners of Salt Lake
City, State of Utah, on the 31st day of December, 1958,
passed an ordinance entitled as above; and
WHEREAS, it is provided in Section 8 thereof that
said ordinance will take effect upon its publication; and
WHEREAS, said ordinance was published on the
12th day of January, 1959; and
WHEREAS, it is provided in Section 6 of said
ordinance that said ordinance and all of the terms and
conditions thereof shall be accepted in writing by the
grantee within thirty (30) days of the effective date of
said ordinance;
NOW, THEREFORE, said grantee, The Denver and Rio
Grande Western Railroad Company, hereby accepts said ordinance,
franchise and grant and all of the terms and conditions thereof
this ?sb day of January, 1959.
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
By
H. . Rigge4t
Executive Representative
STATE OF UTAH )
ss.
COUNTY OF SALT LAKE )
On the /2,I4 day of January, 1959, personally appeared
before me H. J. RIGGERT, who being by me duly sworn, did say
that he is an executive representative of the said The Denver
and Rio Grande Western Railroad Company, a corporation, and
that in his capacity as such executive representative, he
executed the foregoing acceptance for and on behalf of said
corporation. r��✓
c/%a or-L, U(
Notary Public
Residing at Salt Lake City, Utah
My Commission Expires:
April 16, 1961 �.
•
ORDINANCE
AN ORDINANCE GRANTING TO THE DcE VER AND RIO GRANDE
WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT
TO CONSTRUCT, OPERATE AND MAINTAIN AN EXTENSION AND RELOCATION
OF AN EXISTING STANDARD GAUGE RAILROAD SPUR TRACK OVER, ALONG
AND ACROSS WASHINGTON STREET AND 14TH SOUTH STREET IN SALT
LAKE CITY, UTAH.
BE IT ORDAINED BY THE BOARD OF CGRMISSIONERS 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
an extension and relocation of an existing standard gauge
railroad spur track over, across and along Washington Street
and 14th South Street in Salt Lake City, Utah, the center line
of said spur track being more particularly described as follows:
Beginning at a point in the west line of
Washington Street, 12 feet south of the south
line of 14th South Street; thence on a tangent
northeasterly, 45 feet; thence on a curve to
the left with a radius of 193.185 feet, 37.5
feet; thence on a tangent northeasterly, 16
feet; thence on a curve to the left with a
radius of 193.185 feet, about 62.5 feet to
a point 8.5 feet west from the east line of
Washington Street and 80 feet north of the
north line of 14th South Street; thence north
on a tangent parallel to the east line of
Washington Street, about 125 feet to a point
• oi in an existing track, 8.5 feet west of the
a east line of Washington Street and 310.3 feet
0.0 ro sou'�h of the south line of California Avenue.
1.1 i The location of the center line of the proposed
rl IAD
track extension over, across and along Washington
o.pCTi Street and 14th South Street is shown in yellow
m .y on the attached print. The location of the
0.3 center line of that portion of the existing
3 •w track which will be removed is shown in red
ai on said print.
0 • Section 2. During the term of this franchise the
q os
grantee shall be subject to the following conditions:
os
e (a) That said track shall be laid upon and conform
44 et
4.4 n to the grade of said street and shall at all
times be maintained by the grantee to conform to
d" y, the grade of said street, and if said grade is
m 0 afterward changed by ordinances of the Board of
►�� City Commissioners, the grantee shall, at its
aio• o own expense, change the elevation of the track so
6 h as to conform to the same.
•
(b) Whenever said street where said track is con-
structed shall be paved, resurfaced or repaired,
the said grantee, 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 all ties
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 and 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 track so as to admit the free
passage of water.
Section 3. Nothing in this grant shall be so 4.90Q,
strued as to prevent Salt Lake City or its authorized agents,
orconstractors, or persons or corporations to whom a franchise
may have been or may hereafter be granted, from paving, lay-
ing sewer lines, laying gas or water mains, pipes or conduits,
altering, repairing, or in any manner improving said street.
Section 1 . Said grantee herein, its successors and
assigns, shall and by the acceptance of the privileges and
franchise herein granted, and in consideration of the same,
does hereby bind itself, its successors and assigns, upon
its acceptance 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 whatever againstsaid City for injury
-2-
or damage to abutting property, personal injuries or otherwise,
by reason of the granting of this franchise, or by reason of
the construction or operation of said track and that the grantee
herein, its successors and assigns, will pay the amount of any
judgment, determination 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 satis-
faction of said Board of Commissioners. In the event of the
failure of said grantee to remove 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.
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 said Board of Commis-
sioners, 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 publication.
Passed by the Board of Commissioners of Salt Lake
City, Utah, this 31st day of December% 1958..
MA o ,
Bill No. 88 of 1958 ( S E )
Published January 12th, 1959
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•
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
D. M. Ockey
Legal Notices I
An O 01 Rt»NANCE I, n duly
) and r r
I D v d ft G onting d Wessthi,: Being first dully sworn, deposes says that he,is legal advertising
1I �.,-,,ro;.the ri nt`i°�o;;�tr,c4:1 clerk of the DESPRET NE\VS AND SALT TAKE TELE,,-
e nt GRAM, a daily (except Sunday) newspaper printed to the Eng-
d tl n f- I t��i i 7
t SnitdLf k sold oh Ufalrth 8 rcef< lish language with general circulation in Utah, and published in
j e it ordolned by me•liSe h of Salt Lake City, Salt Lake County, in the Stale of Utah.
U'th.nfssionels of Solj Lake Lay„
f ScclJan l . fcolrahlse,nd 1ir;ht
oral��'a`�a°''ee'a�'�gtlwRSe';�„ That the legal notice of which a copy is attached hereto
eit
�r a n Inl i„ Y t l` n to Salt Lake City Bill No 88 of 1958.
, uu gn t1', et d `i
q 9 Ilf �frftt, t
9toeet addl9tii'i�o thWSl eet`ih
,T, Lnkc T ttUt2t��.the e°„ter wn Ordinance Granting Right to Construct
tine of efly n ttf 010,k':I,to
ue' 1 I lfi f n°Tte
e
isiP i y�
�a"< t th,q�`�"e°rapt tn`�,'�' Spur Track to Denver & Rio Grande
°f tnth s8 lhtyfet eeo� tl
hthcep on rte tr ]Y 49 f (�
1 Lae feet`;:ite 4g 1A''`11 1': Western Railroad Co.
erthcosterly. 18 19e t ,ae
t° tpp 9e�w'ft;,
lil,elf p.11e0 feet bout
B e�6 }et to pelr)I �.5 cQ
L }r„rn the Batt 11 ne ^1
• tM1 teolton sth A a IP
U pf the r,oetf �,he 7 t9b
south 9trpFt, ne�° eth January 12, 1959.
liteey r erpueC m ih, was published in said newspaper on
ne f Wnaltl M- $track,eDoppl
11N tIxkht tol''10ott'W�eetn''''''i
ex t Iine of Wa�htngton Stisr
and J10.3 feet _ hl'
so th line f Callfnrvin Artcnue
The locution of the .nt.r.
liar 1oof tVe Pro`oa'gd fr ca
W ol°I Rt St .t d 14ih(
s th 9t t i nes 1 yellow
th t h d hl T' 11
t' of th t i! t th!por .(//G-Z(-/
do f the ,cl d I t n K.- Y�2
hlc IlsbO polo ed fs>hown z— ^---r
section°.. Dur'nc he term f, Legal Advertising Clerk
this freneho € ranee shalt /
be,feed is the following cshalt
rns;
ta55`u That
sn iiicsi I, , bo 11 tlbie
at all„! °n ' hall
1:%eihoe Den hltoi net by
ante° to o�trriil 11 t
grade ro after iv:,rot'ehc Cede br
tordlnenc of the Board of City
ltmlrse ncrv,cthcq a,toc ehall,l 13th
el°10tir,"of°ithen%e,'ic'I ,F ° before me this day of
eonforin the, 'to` to -
h, old i'T,n'"'d greet 59
=a here sold l)",, Il,c ,.,'"71
;ebe he sa r ,rfaced,n A.D. 19.._
a cx, r-e.
cCssods the said ghost,.
Ilto s
d
Il anlf be tlrj
< t ,. d f h f`I `1th l
th m l e 1 1 h'
cn tNe sn�a pile..n�with such
e tc,''at° b nn.
reseed inttel v nc all t err- Coo,
,Isslnigol,and all s Iase of
�llet r, , <oneret� bbo of • Notary Public
h thick eBxs «hallo be t-
netr,a by id Loam r coy,,
ile lthc°if.d hack span he laid
n r s,,,,. to
cave ° �m„--
w°ni ro°ih�nl� s
lnurr t>aitl'iirc ci
`!tlh Slit La kc Clty non
the 'sht to agate ,-O-"fires
trrl fLa 'ear oU all trains,o
al,,`,"'tl;n'r r:,ted-e�tan 25, 1961.
Scita'Idf.in putting,[ln'iner,track,
<r ntcrfcrc°vr titti
uiie`,Etl v;ricaysllrs, .,bs
>; .s « tract cµ11 hall
reP'ae n 1ClhPnuch cnthee In for
•
T al r c'ball bns or lai-ed by old
e all dr0Plnce such asrdcwalks end
`s%oc ohs r�rl nt ttcro tp ihr
",tiefactlon o[ s'd 1 f3aed of
Co>crnishoo istcs/h�tathay'Ai
aIIaw the free„noon of nt0�
a�tl be in tNc entN faction of
geld'b-7V rf Cammlxiinn`i'.
<t Slnttler.Urec skull nit In
flrxrd"oflr(io,Fn h v�loo:Or„Y,irshi
s.'1
;aa and aalo,fla
l lahl grille tond snail be
aood
and grantee
al the of
der c nn tee all water un an
Eleft br sta ire track
�andntlt the free pa_sase of
water.
shall be
so.Nothtcnol,u In at to ore-
vent e-
Salt Lake construed
or Ill authi-
ma agents, contractors,
a Persons r. orporatnes to whom
a franchise Isar have been ge may
hereafter be s i nletl,from u
tarter sewer lines, laying q
lteri melOel pipes a conduits,
altering. royal•
Ing, - c;rt
Impr'ovlld saint streetanr,
le Sadiron 4. Sa ld 04neice, shall
Itsand
pea ssigth Shan
ana by thearid
acceptancehhe ei the o •
eared and franchise herein c granted,
dar'el le'rseVi innoitscil, tea m
and a its a e. signs, d
ellIaC It of this franchise to s e tl CITY ha_mlesp fryy 11 setts,l
wha, deman1ds er in,l urOment9
whiltc, ncr,wtrether ff law ti d,
coshonitrr a4eend shall be a ender
o stalest s a
whatever red eca said al,hn far
Sneed or damaal to abhtllnq
tthesrlr¢.he r atn of lit reds ant.
tap RRlelh is Eras anon.m by tr .
ofi`Id firothlr and
that the gsainioe
gar
l'art`Lhedccesao t of a v IUA9:
'rent, detcrininetion o aetlludlca-
lon vrhich Ina suit or n red-
Ieg maS be o r than bet found
I aidInst said Sell Lake City; .
enr howcvar,that said s.shad
Its s e - and arel000. hall
critic pear ten no e,rtunity ale`a
and defend the s and
said narantee is successors mid
Assigns.
i,I sll shalt endear
in aapandet
aaten`raecq by Il a for not fInrr'con'.
o
structlon, cratlon or mainte-
nanceof sold track,
Sction 5. This fiAnchiste It
mad fen the derma a fifty
granted
s from a after the'
and
',treW this or re tr,
rides,be nine that if for n
oaof he consecutive
ths at aide true sac of this reed i r .said s e track Is not
ed far the nun g,es ro er lc
the fr�nobiae ie gtrrl c tti
mart r suultan.i' de;dmD
trac of
rihc said
use pof said said
track
'franchise shall n e'dab,c arms.
i.option of id Board of Cnmmss-
ranch sack irhi..s`;ttrae0ebr sad
' track shall within this! Irrrll
doe+ thereafter be r n and
-the street restored to run
Lion uniform with the Ratan a of i
I.matterialse ands on unction and I
the satisfaction of caid Hoard a
Ccrnmiasioners. Sn the scent o
the Snilure f a 3d grantee to r
I1 oen said tack ar n ds 5 S.
donee!,v h action and wsid
'd thlrfy t3o)Jars,the e
Citrk Ex once t t eate ale
y.t the ext�me e f the 8rantee
all that terms and C ttlltlone there
of shall be accented in wrtttng hr
the S anted herein wlthir. thirty
tII days after,e taking effect
f thla ramarmm 1 u tese such
I track be ran, lad ra nt on
oot year ten the date nc el
+null, then and Id. ordinance shall
`old e a Il 00 Conhmissdronie e,It
nnrl esedateynt t the inhabitants health
Sall lake Cttr, Utah, that this
ordh,anee become effective in,
m Selctlon I. This ordinance shall
talcs effect up Its publicallon,
9sloner s of Sell Laknr�c CCCity,99Utah,
this SheAbIF,Lf F.
SrEWART68.
ladies.
BERMANt,II.flOGCue Record.
fullN) Coy Recorder,
run No.00 of 3950.
'C.desM1ed danuave 12th, 19�0
rC-R01
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