9 of 1955 - Granting to Denver & Rio Grande Western Railroad Company its successors and assigns, a franchise a •
ACCEPTANCE
ACCEPTANCE BY THE DENVER AND RIO GRANDE WESTERN RAILROAD
JCOMPANY OF AN ORDINANCE ENTITLED "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 WASHINGTON
,STRESS', BETWEEN FOURTEENTH SOUTH STREET AND CALIFORNIA AVENUE IN
SALT LAKE CITY, UTAH, TO SERVE ALLEN STEEL COMPANY."
WHEREAS, the Board of Commissioners of Salt Lake City,
State of Utah, on the 19th day of January, 1955, passed an ordi
nance entitled as above; and
WHEREAS, it is provided in Section 8 thereof that said
,ordinance shall take effect upon its publication; and
WHEREAS, said ordinance was published on the 21st day of
January, 1955; and
WHEREAS, it is provided in Section 6 of said ordinance
that said ordinance and all the terms and conditions thereof
shall be accepted in writing by the grantee within thirty days
'from the effective date of said ordinance;
NOW THEREFORE, said grantee, The Denver and Rio Grande
Western Railroad Company, hereby accepts said ordinance, fran-
chise and grant and all the terms and conditions thereof this
02']` day of January, 1955.
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
BY
Executive Representative
STATE OF UTAH
ss.
County of Salt Lake )
On the cr1 day of January, 1955, personally appeared
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before me B. H. DECKER, who being by me duly sworn did say that
he is Executive Representative of 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.
m tary Public residing din e g t
Sa t Lake Cit , Utah
My commission expires:
17/4-1
2-
I
ii
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 WASIHINGTON STREET, BETWEEN FOURTEENTH SOUTII
STREET AND CALIFORNIA AVENUE IN SALT LAKE CITY, UTAH, TO SERVE
ALLEN STEEL COMPANY.
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 and its
' successors and assigns to construct, operate s:nci maintain a
standard gauge railroad spur track over and across Washington
Street between Fourteenth South Street and California Avenue in •
Salt Lake City, Utah, the center line of said. spur track being
more particularly described as follows:
• a10 - Beginning in the center of an existing track at a
tipoint approximately 18.5 feet north from the north
line of 14th South Street and 15 feet east from
•
the west line of Washington Street;"thence north-
easterly in Washington Strect)on a turnout curve
to the right with radius of 193.185 feet, 69.5
feet more or less; thence north 22 degrees east.
• 38.8 feet more or less; thence continuing in a
a�i� northerly direction in Washington Street on a curve
C to the left with radius of 193.185 feet, 73.4
feet more or less to a point 8.5 feet west from
‘n the east line of Washington Street; thence north
parallel with and distant 8.5 feet from the east .
•rl • line of Washington Street 174.3 feet more or less
o N to a point opposite the north line of Lot 14,
"'D Block 2, Temple View Addition.
H o The location of the center line of said track ` •
is graphically shown in yellow upon the attached
print, which is hereby made a part of this
m U ordinance.
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k•H Section 2. During the term of this franchise the grantee
n shall be subject to the following conditions:
(a) That said track shall be laid upon and con-
form 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 ele
vation 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, 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 con-
crete base of such thickness as shall be directed by
said Board of Commissioners.
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• (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 track.
(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 track 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 construed as
to prevent Salt Lake City or its authorized agents, or contractors,
,or persons or corporations to whom a franchise may have been or
1may hereafter be granted, from paving, severing, 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 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 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 construction or operation of said track and that •
the grantee herein, its successors and assigns, will pay the
iamount 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 such suits and an oppor-
1tunity to appear and defend the same; and said grantee, its sue-
cessors 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 consecutive months during
the life of this franchise said spur track is not used for the
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;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 Commis
sioners, said track shall within thirty (30) days thereafter be
!removed and the street restored to a condition uniform with the
jbalance of said street with respect to grade, materials and con-
struction and to the satisfaction 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 con-
ditions 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 year from the date
f such passage, then this ordinance shall be null and void.
Section 7. In the opinion of said Board of Commissioners,
11�it is.necessary to the;-peace, health and- safety of the inhabitants
of -Salt Lake City, Utah, that till's ordinance become effective
•immediately.
Section 8. This ordihhno"e shall take effect upon its publi-
;cation.
a by the Board o" 'Commissioners of Salt Lake City, Utah,
this 19tfrsed day of anuar'' , 195 5--?
Q5;717,t7:
CITY RECORDER
Bill No. 9 ( SEAL )
Published January(2_14-1955
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•
•- ..• AC A A L
rGRM ND.ADM 39A
roof of Publication
3Nnfte i*tarn.uf Amerfra
COUNTY OF SALT LAKE ) ss.
STATE OF UTAH Jt
D. M, Ockey
being first duly sworn, deposes and says, that he is the Principal Clerk of
the DESERET NEWS SALT LAKE TELEGRAM, a newspaper published in
Salt Lake City,Salt Lake County,State of Utah.
That the Notice of "An Ordinance"
Granting the D & R G W RR a right of way.
Salt Lake City bill No. 9,
of which a copy is hereto attached, was first published in said newspaper in its
•
issue dated the 21st
day of January , 19 55..
andwas published in each daily issue of said newspaper, on
for
thereafter,the full period of one time
the last publication thereof
being in the issue dated the 21st day of
January A.D.19 55
Subscribed and sworn to before me this 29th ay y of
- January - 55
,A.D. 19
Notary Public.
Nov 25 1957
My commission expires
Advertising fee $
9
ORDINANCE he to the tisf li f said Board
AN ORDINANCE GRANTING TO THE. f
DENVER AND ILIO GRANDE WESTERN Min said such crossings
illda put in saaid track
RAILROAD COMPANY, ITS SUCCES- as shall Irvin time to time he rcnuired
SOILS AND ASSIGNS,THE RIGHT TO by said Board of Commissioners.
CONSTRUCT, OPERATE AND tAIN• tGt Goad and sufficient conduits to
TADS A STANDARD GAUGE RAIL- convey saber shall be bid and main.
ROAD SPUR TRACK OVER AND twined w
in good condition at the ea.
ACROSS WASIIINGTON STREET, BE se of said rrantee in all water,
TWEEN FOUR'PEENTI'I SOOTH STREET diitches crossed by said track sn as to
AND CALIFORNIA AVENUE.IN SALT admit the free passage of water.
LAKE CITY,UTAH.TO SERVE ALLEN Section a.Nothing in this Errant shall
STEEL•COMPANY. be so construed as to prevent Salt Lakc
BE'ITT ORDAINED BY T1IIE BOARD Cite or its authorized agents,o
OF COMMISSIONERS OF SALT LAKE,tractors,or Persons or enrno ions con-
OF
CITY,UTAf1: whom a franchise m have beenor
Scotian I; franchise
anchisto and right
riDetvof I may hereafter be granted,from aving,
way ing, lacing are water n
ring,
rose Grits I Western It assigns n conduits. altering, id street,
t coast mrtl its s and assignsi u improving said street,
to rd.ga[, overate ilrod sou maintain In a SectUeeeseon 4and 0 Said gt55.shalel
herein,the
standard s Wa llrton Street
track eve•a and the Rn l shall and Er the
and across Snub gtec Street California acceptance of the d,and
in and fera-
Avurlaenin South Street and alifoi chise the grantee,and S eby bald
center
in Salt lake City. (Itch, the' sou of the a does hereby bind
miter line of sa
id s tltlows: ifsere its s sehr arc s�ers and asslgmc,u
particularly sentee ed asn follows: ifs rty harmless
of this franchise,it,to save
more trac nnitK ill Point
renter a e f.5 said City hanndess from all suits,whatsoever,
track r' a point approximately.li 1'of htdemand, and ar in equit which shay,
lath South from the north fort
.e.'of whether In law or in needy.which shall
lathlcISouth strut line of Washington manner whatever In rendered
said City fC..
Street;Starr1 on a turnout on W2515 innw'arsenal or damage to against
n,se. ty.
net right
Streit o a turnout earth,5fe t, n no hearses otherfr by
the;feet with radius le of heu.Le'feel. reason of the granting of this construction
franchise,
80.5 feet more or less;more ressi Srnsht consort of the and tat e
thence
nce continuinge east 3o.n a n rtherly tease:g eon gf said rack oa and that the
'he ' tl05 y tsir grantee h its d
'hen ef h'tls Street' cyat n,,
In thef fact
more
or
of I0.hoin p0g.5 -judgment,ant,determination onion e des caner
feet feet from r less to a.prlW'R5 or s shall any suit against roc ceding bra
feet west from the nest vetla 5rallelaih- Clar; henlnad, hove said hats may
Inllh Street: thence north,Parallel Clay; provided, however, that id
wash and distant ng feet from the grantee,its notice
and assigns,latt shall
east more
of Hess to aan Stintent opposite
.have had entice of Incasuch -sits and
feel m r less to a point locksi2. importunity nidy at a and defend
the north line di Lot p39, Block 2, the-same:pssi said grantee,its s
T Ile View AdrBthe l shell averseea
The 41ra ken of the c r tile iofs or as, ihf
said track Is graphically eshrwn i defend all actions brought against Salt
Lake City for a misty or daeaga by
Yellow n the e a p Print.which t maintenance tee a sai track,oneralion o
a made. a Part of thls Scn5. F said track. r
fciolordinance.. reason
the r-d of franchise i anted'
Seeder During the term s this and then her s fifty fthi years area
franchise thewe grng antee shall be subject and lyd,the passage tt [this ordinance,
eio I
to theThat
salt,track;that,be laid neon n gnina consecutive
that for a per d
and .a to the grade of said,of n n secuelas months bs le during the
life ofetd is fro the p saidcrspur track hs
tstreet oho that l a all times n used forIthe pancreas s for where-
amed de the said
street,
to conformi main-
this ub tunic 1' atomise if athere
the grade o ai street. a f Ill, f- substantial abandonmentcfosaid
of e the use( r a suI
grade in is the
ofangyd m- ee said sour track for said u o'
ordinance oilithe ddllte et allay f it said Franchise Board
he f voidable rat the
the grantee sae at Raj anion II said erard of Commissioners:Boadof
own change the elevation and if soordered hetrack
.k s Board mid of
thesame.rhek so as to con[ornr to Commissioners,tblh nets.said after hall removed
too same. as C 0s d es thereafter beten d
the k isncon, said rt street h 6 a and to street t restored l condition•
track 1e constructed d shall
f h4 d f 'O thebalance f -is street
n toyed 1 ad_tSle1a aid with respect l grade, eats and
grantee, its o and id Boars) and to thesatisfactionsof
-Sher Pave. successors
or naia DII said Board of lure of,iotdgr t t to
tweet the taus and for Ye r of event of said
la all r grantee to
two sa,fret outside ofeach rail sd!on r said track antirestoreitot said
thekind of material s d tiros such action ':h o said
the 'd Street, or with vedh other tint. 0S l t "o be
Imaterial -nay si approved d D the d bySalt Lake l the expense
• shall
Board L Commissioners..spaioners,,and u ties Of thegrantee.
of be laid ung aconcretel base Section G. Unless this grant and all
of suchIl and of as slhiMln a s.. , the terms and conditions thereof shall
by said id track's alC be laid rnd Sr accepted it writing by the grantee
road
Said rated'shall hd laid and thetr' being within Gritty this
ordinance,
ace,;and
and operated so Co,etas n;un, taking effect this strutted nd
impediment to the 011eelh0n0n unless.such r, he constructed such within necessaryoc ay use'of said'atreet'unon e year from thean date of such ullsage.
which It is laid: one
this ordinance shall be null and II
ttll Salt La e dio trot the
the 'got void.
a regulate and nail the speed 9 6ectmmis In thee,,Opinion or said necessary
to
all trains,engines s cars operated f Commissioners,health
it is safety
of
to l
an the her, ea, its s c essrrs and of
taco, of Sa a d ea[lt Lake Cit of the
tat assigns,
i u nuttineilnrsaidc track,said that inhabitants
nonce become effectiv
antee°shall r av e y immediately.
interfere rwith ethe n t Section H. Ohio rdi ant shall take
sidewalks. oldie or gutters pavement,
afloat upon its rublicatione
street,it shalt;enace such pavement Passed p by the Board of Commissioners
with the same r will'. such Veother of Salt Lake City,Utah,this lath day,)
alter .shall or
ordere Sc id,of January,105b.
BoaaLo
,leoul use sidewalknat, and shall. EARL J. GLADE.
arc 1 h sidewalks Ik' d such curbs Mayor.
l_'.In ll t I sign I Id I IRMA 1'. VITAE R.
no I C nt - I h they wt•1r 1•:1 I. City Recorder. I,
construct the galled,allow the free passageL of water and Pulhhslred January/_l,1955 (A•431