9 of 1978 - Granting to the Denver & Rio Grande Western Railroad Company, a franchise and its successors and ass /' VOTING Aye Salt Lake City,Utah, January 18 ,19 78
Mr.Chairman . . .
I move that the Ordinance be passed.
Agraz
Greener
Hall _
Phillips
Result / AN NANCE
fIESCRIP`siOh,
AN
APPrd
AN ORDINANCE granting to the Denver & Rio Grande Western Railroad
Company, its successors and assigns, the right to construct, operate and
maintain a standard gauge railroad's spur track over and across the
easterly half of 500 West Street immediately North of 600 South Street
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
Denver & Rio Grande Western Railroad Company, its successors and assigns,
hereinafter Grantee, to install, operate and maintain two standard
gauge railroad spur tracks, with no new or additional spurs being
attached thereto, over and across the easterly half of 500 West Street
immediately North of 600 South Street in Salt Lake City, Utah, the
center line location of said tracks being more particularly described
as follows:
Track #1
A standard gauge industry spur track over and across
the easterly half of 500 West Street, the point of switch
being located on the north line of 600 South Street, thence
northerly a distance of 69.8 feet to the P. C. of a 28°30'
curve to the right a distance of 120.2 feet to the easterly
line of 500 West Street, approximately 180 feet North of
the north line of 600 South Street, situated in Lot 4,
Block 29, Plat A, in the City of Salt Lake, Salt Lake
County, State of Utah.
Track #2
A standard gauge industry spur track over and
across the easterly half of 500 West Street, the point
of switch being located 80 feet north of the north line
of 600 South Street, thence northerly a distance of 69.9
feet to the P. C. of a 29°0' curve to the right a distance
of 120.1 feet to the easterly line of 500 West Street,
approximately 253 feet north of the north line of 600
South Street, situated in Lot 4, Block 29, Plat A, in the
City of Salt Lake, Salt Lake County,State of Utah.
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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-
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.
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5. If, in maintaining said track, said Grantee shall remove
or in any manner interfer with the pavement, sidewalks, curbs,
or gutters of said streets, 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,
curbs, and gutters to the satisfaction of the said board of city
commissioners, and shall so construct the gutters that they
will allow the free passage of water into the city's drainage
system, and in all respects be satisfactory to the said board
of city commissioners.
6. Said Grantee shall install the type of materials for and
maintain crossings over said tracks in the manner required from
time to time by said board of commissioners.
7. If not already provided, 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 tracks
so as to allow the free passage of water.
8. Grantee shall upon expiration of this franchise, remove all
tracks, ties and any underlying structure of supporting material,
if required in writing by city, and restore the underlying streets
to the same or better condition and surface as exists in the rest
of the street with respect to grade, underlying material and surface
over the areas described above, and shall also remove tracks,
ties and underlying structures and restore the surface in a similar
manner over all spur trackage not used for nine consecutive months
subsequent to the granting of this franchise.
SECTION 3. Nothing in this grant shall be so construed as to prevent
Salt Lake City Corporation or its authorized agents, contractors, persons,
or corporations to whom a franchise may have been or may hereafter be
granted, from paving, laying sewer lines, laying gas or water mains,
pipes or conduits, altering, repairing, or in any manner improving
said streets.
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SECTION 4. 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 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 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,
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 5. 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
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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 6. 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 7. 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.
SECTION 8. This Ordinance shall take effect upon its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah, this
18th day of January , 1978.
MAYOR
k-1/(11Lbl ESfreet-074k.,
CITY<
ECORD
(SEAL)
BILL NO, 9 of 1978
Published January 24, 1978
9
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
__
AN ORDINANCE - Shona D. Palmer
AN ORilroad Company,
gr_intltS to the Deriver Z.rho('aerie
toston,construct,osr to andmaintain .standard 9aurs and ncra'ilroads
sear track over and across the easterly half of 500 West Street
immediately Norm of 600 South Street In Salt Lake City,Utah.
City r ;rdained by the P^',01 of Commissioners or Salt Lake Being first duly sworn,deposes and says that he is legal
SECTIONI.A franchise and right of way Is hereby granted advertising clerk of the DESERET NEWS, a daily to the Denver M.Rio Grande Wenlern Railroad Company,its ti
y,and assigns,hereinafter Grantee,to Install,overate
And`m nibin two standard gauge Ilro.1 spur tracks,with no l (except Sunday) newspaper printed in the English
the°sterlivtih"itnoi"soo Weet attacked Immediately tely North of 600 language with general circulation in Utah, and
Seidl Street In Solt Lake a,y, yn,nereplan line location of
published in Salt Lake City, Salt Lake County, in the
..aid1 k del moreparticularly 1 I• r,follows,
^standard Da yl Track
sear
e 1 track over end across the State of Utah.
aa,:fl ly half lie 500 we Sontt,Street,shears itie'Ivi distance
of 69 a had northtotter rte.of 25500 I the right dI t-
118.1 foot to the easterly line°'Su°West Sirde,,a"'"eximatdiy That •the legal notice of which a copyis attached hereto
11IU feet North of the north line of 600 South Street,situated in Lot
e Block 29,Plat A,In the City.of Salt Lake,Salt Lake County,
State of Utah.
A Standard gauge Ida try eke,,hock over and across the Pub notice of an ordinance granting the right to
easterly0 arn,enfhe nor-thane 01600 Soouuth Street switch
ce northerly
distance e1 69.4 feat to the P.C.of a'29'l'curve to the right a
distance of 1901 feet to the easterly line of 50n1 West Street, construct
s"looted iniLot a 3Bleck 05,Prth lat A,in thhCity ofSalt Lakth e,Salt
Lake County,State of Itch.
SECTION'.Cluring the term of this Se:in:Woo,the Grantee
shall be collect ttahe following conditions.
I.Said hack,and he roadway between the rolls and for a
of Iwo(21 feel tslre of each rail,shall he maintained by
the G iwlugrantee as required by city and 1 all time,conform to the
bdst of said street.If s le grades changed by romance by the
oard of city. eus,tisrs,the Grantee shall,at its own
expense,can,II the elevation ofem said l reek aryl oawaway as
to conform-to the sa,ro It any maintenance o on said roadway Is
•Ccompleted within seven ill days after written notice from
ity,,Cite Toy perform such maintenance ifs hi id
roadway -II deemsnecessary,pursuant to said notice,for
ic rande,wil etirly reirnhurse City upon presentation of
it,hill.Grantee will•pay any costs one..incurred
neysfeIes. • maintenance`«"'''K'WI'g °"age a'^"' was published in said newspaper on Ian, 24, 1978
2.Whenever said street whirr,,said track Is constructed shall
be posed,resurfxad or repaired,said Grantee,its successors
and assigns shall pave, U f ca repair between the rails and
for a en ace of two feet outside of each roll with the same kid of
material .re surface n w toot with suchma
terial , CMia as required
- 1 be r and i s e df from time to time b ,h board ` )
of city- 1 oe-and Id surface snail,at all threes,be laid, '
uupont b s f h eel knees as shall be directed by l -.... A��/V',A C�...,a'sr i:... ._� ��.-•-'3,(V e,—A .' ---=
said board of city cianin sloe ors. I
no 3.said eesary hh lwont;o theand nmaintained ordinary of i Legal Advertising Clerk
nid'sheets by pedestrians and vesicles.
4.City reserves the right to regulate and control He speed of all
trains,engines,and Cars operated by Grantee,its successors arid,'
raid tracks.
in as'Y'snaniecriintnrfei ii;t`�mlhe`avem nt,'siiideyalkscc'uurbs or efore me this 30th day of
outlets of sold streets,It shag reptue such pavement with me'
with such other n aterial a shell be Ordered by said.
board of commissionersand shall replace sad t sidewalks,curbs,',
and gutters to He satisfaction of ire said board of city,
I A.D. 19 78
allow commissioners,
of wateriin}H n the.s,,ra naisrife n,1
and In all respects be satisfactury to the said lx.rd of city)
commissioners.6 Said Grantee shall install the type of materials for and; .j :
imde'tain to time byngs over saidM board
k. onthe required From; /✓ / f
J.If Iv provided,seed awl selficient CumNlts to
convoy water shall be laid and malt itairoed In good condition at ,.
Ithe eupc f said Grantee all waterdlt t,rs crossed by said --tracksg m f p to NotaryPublic
8- tics a d any n0drr15xpp-,1,9 M H l f anchis0,re v all
iif n alui ties and City undeciting nd drrestor rd a u,ut,rrg material,
reetsl
to lire"tamemd lor hottn er cyndl hy ltlahaand surface as exists underlying
rest of
the street with respect to grade,underlying material and surfacer - .
over the areas described above,and shall also remove tracks,, - SECTION 5.This franchise Is granted for the period of fitly'
ties and underlying structures d restore the face le a (SO)year,fi om nerd after the elective date thereat provided,
similar manner over all spur and
riotsurface
for nine' however,that if,fora y period of nine consecutive onths
can. t lye month subseeuenl to he ar.mthm of usedhis franchse, during the life of this franchise said s bock,or any parr
SUCTION 3.Nothing Ill this grant shall be so construed as to thereof,is not used for the purposes for aihich this franchise Is
prevent Salt Lake City Corporation or its euthorlaed agents, granted,or if there Is an abardonnient Or nonuSe for nine Montt¢'
framers,persons,or ra-,mrationsS to whom a franchise may uch spur track or any part thereof,raid franchise or the
have been or n y hereafter he granted,from paving laying malleable part thereof shall be voidable at the option of said
lines,laying gas or wider ales,olpes r conduits, (,paid of city commissioners;and ii so ordered by said board of
altering,rewiring,or it arty manner Improving sold strets. city comnrlssioners,sold trek or part thereof shelf,within thirty
SECTION a.Said Grantee herein,Its successors and assigns, days thereafter,be removed and the Involved street restored to a
shall and by acceptance of the privilegets and franchises hemnin conceitar to contort with Hie balance of said street with restaect
granted and In consider attoes of the same,does hereby bled itself, to grade,surface,and underlying materials hid construction,to
Is successors and assigns,unroll its eccepta,,C0 of this franchise, the satisfaction of said hoard of city commissioners.In the event
to
save said City harmless front all sults,claims demands,end of the failure of said grantee to remove said track or part ihereel
bhelpmeets whatsoever,wheitan'In law or in equity,which shell and restore said street under this or any proceeding paragraph,
e -seerled, round orrendered ill any man whatsoever sport such failure and dolly days written notice has hem sent,
against said City for filurryy damage to abutting property,' d work may b dace by Salt Lake City Corporation at the
persapal inlurles,or otherwise,by reason of or arising ea of Itie entire expense of Grantee,bcludirg any costs of collecton of
ar ntlmg of this franchise,and that Grantee herein,its successors said expense.Including actor,ens fees.
nd assigns,will pay the amnunl of any iudgmem,determination SECTION 6. Unless Ibis t and all the terms d
or adjudication which in any suit or proceeding rosy or shall be' conditions thereof shell b!accepted In writing by the Grantee
ound against Id Salt Lake City Corporation; provided, erein within thirty days after the taking effect of this Ordinance,
however,that said Grantee,its successors and assigns shall have mid unless such track be properly maintained as prescribed
had notice of any suit or suits and an oppnrtoeite to appear and - above,then hs Ordinance:hall be null and void.
defend the sans,;and said Granted,Its suc.cesno s and assigns, SECTIOId I.le the opinion of the board of city
action's appear in and llet,', an acti brought.agelrnst Salt Lake it is necessary to the peace,health,and safety of the
-Litt'Corperahon for any iglu yor dam'ae by reason of or ar isle° inhabitants of Salt Lake City,Utah,that this Ordinance becalm
I of Ho canatruetion,operation,malntem'pre,or use of said effective immediately.
tracks.- SECTION 8.This Ordinmse shall take effect upon its first
wbi Patton.
Passed by the Board of Conhmissipcvs of Salt Lake City,
Utah,this Pith day of January.1978. TED L.WILSON
Mayor
MDRED V.HIOHAM
City
/SEAL/
BILL NO.9 of I978
Published Jaituacy 24,1920 IC-5)
'i'