98 of 1950 - Granting to O. S. L. R. R. Co. ( Oregon Short Line Railroad Company ) ( Union Pacific Railroad Com Salt Lake City,Utah, SU' 14 1950 ,195
VOTING Aye Nay
Affleck _-- I move that the ordinance be passed. "
Christensen . . . !/
Lingenfelter . . c\,�`k,...._ Q,,,. �,...-..
Romney . . .
Mr. Chairman ,
— AN ORDINANCE
Result
AN ORDINANCE GRANTING TO THE OREGON SHORT LINE RAILROAD
COMPANY (Union Pacific Railroad Company, Lessee) a franchise to
construct, operate and maintain a afandard gauge railroad track
over and upon South Temple Street between Seventh West Street
and Ninth West Street in Salt, ake City, Utah.
Be it ordained by' the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. A franchise is hereby granted to the Oregon
Short Line Railroad Company (Union Pacific Railroad Company, Lessee),
its successors and assigns, to construct, operate and maintain a
standard gauge railroad track over and upon South Temple Street be-
tween Seventh West Street and Ninth West Street in Salt Lake City,
Utah, the center line of said truck being more particularly described
as follows:
Beginning in the center line of the present operated
main track of the Oregon Short Line Railroad in South Temple
Street 75 feet south and 165.7 feet east of the southwest
corner of Block 59, Plat 1C'r, Salt Lake City Survey; thence
iL along the center line of proposed track along the arc of a
curve to the right hating a radius df 942.29 feet for a dis-
tance of 80.3 feet; thence continuing on the tangent to said
arc north 84 deg. 16 min. west 105 feet; thence along the arc
of a curve to the left having a radius of 942.29 feet for a
distance of 94.2 feet; thence continuing along the center line
of the existing track which is tangent to said arc for a dis-
tance of 1191.5 feet; thence along the arc of a curve to the
left having a radius of 762.79 feet for a distance of 75.79
feet; thence continuing on the tangent to said arc south 83
deg. 38 min. west 24.2 feet; thence along the arc of a curve
to the left having a radius of 716.77 feet for a distance of
269 feet; thence continuing on the tangent to said arc south
61 deg. 06 min. west for a distance of 57 feet; thence along
the arc of a curve to the right having a radius of 716.77 feet
for a distance of 16 feet to a point in the west line of Ninth
West Street 38 feet south of the northeast corner of Block 53,
Plat "C", Salt Lake City Survey.
The location of the center line of said track is graphical-
ly shown in red upon the attached print, which is hereby made a part
of this ordinance. ,�
-2-
SECTION 2. During the term of this franchise, the grante•,
its successors and assigns, shall be subject to the following con-
ditions, viz:
(a) The said track shall be laid upon and conform to the
established grade of said street, and i.f said grade is afterward
changed by ordinance of the Board of Commissioners, the Grantee
shall, at its own expense, change the elevation of the track so as
to conform to the same.
(b) Whenever said street where said track is constructed
shall be paved, repaved, resurfaced or repaired, then said Grantee
its successors and assigns, shall pave, repave, resurface or re-
pair between the rails and for a space of two feet outside of each
rail with the same kind of material used on said street, or with
such other material as may be approved by the Board of Commission-
ers.
In the event said Grantee shall fail to pave, repave, re
surface or repair and surface any area as herein required for a
period of thirty (30) days after notice from the Board of Commis-
sioners so to do, the City shall have the right to pave, repave,
resurface or repair between the rails or said surface or area and
the Grantee agrees to reimburse the City for the total cost of sal..
work, labor, and material.
(c) The said track shall be laid and the road operated
so as to cause no unnecessary impediment to the common and ordinark
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 free passage of water.
(e) Salt Lake City reserves the right to regulate and
control the speed of all trains, engines and cars operated by t he
Grantee, its successors and assigns, upon the track aforesaid.
Neibher the engines nor cars shall be permitted to remain on said
track.
(f) If, in the replacement or maintenance of said track
-3-
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
be ordered by the Board of Commissioners and shall replace such
sidewalks, curbs, gutters and waterways to the satisfaction of the
Commissioner of Streets and Public Improvements and shall so con-
struct the gutters anal waterways that they will allow the free
passage of water to the satisfaction of said Commissioner.
SECTION 3. Nothing in this grant shall be construed so a
to prevent Salt Lake City or its authorized agents, contractors,
persons or corporations to 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 improving
said street, but all such improvements shall be made with as littl=
injury as practicable to said track and the operations thereof.
When Salt Lake City undertakes to plane any utility under said tra.k,
the 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-
chises herein granted and in consideration of the same does bind
itself, its successors and assigns, upon its acceptance of this
franchise, to save the City harmless from all suits, claims, deman.s
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 or otherwise .•
reason of the granting of this franchise or by reason of the opera-
tion of said track, and that the Grantee, its successors and assig s,
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
appear in and defend all actions brought against Salt Lake City fo
any injury or damage by reason of the construction, operation, or
maintenance of said track, provided, however, that said Grantee, it
successors and assigns, shall have had notice of any suits and an
-4-
opportunity to appear and defend the same.
SECTION 5. This franchise is granted for the period of
fifty (50) years from and after the date of the passage of this
ordinance, provided, however, that if for a period of nine (9)
consecutive months during the life of this franchise said track or
any part thereof is not used for the purpose for which this fran-
chise is granted, or if there is a substantial abandonment of the
use of said track or any part thereof, this franchise shall be
voidable at the option of the Board of Commissioners, aid if so
ordered by 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 withrrevpect to grade, materials, and con-
struction to the satisfaction;'gof the Conmissio#ier of Streets and
Public Improvements 'In^the gfent of f tlu re of said Grantee to
remove said track and,.,to ,restore, said s.trPot upon said notice and
within thirty (30) days thereafter, the work may: be done by Salt
Lake City at the expense of+-ol*pd.Grantee.
SECTION 4 Unless tU,s franchise'and all the terms and
conditions thereof shall be accepted in(Writing'by the Grantee
-herein within thirty (30) days rafter this ordinance becomes effec-
tive, and unless said tract be constructed prior to January 1, 195',
then this ordinance shall be null and void.
SECTION 7. WHEREAS, in the opinion of the Commission an
emergency exists, this ordinance shall take effect immediately
after publication hereof.
Passed by the Board of Commissioners of Salt Lake City,
Utah, this /7 day of , A.D 9 /
l / /; -----)
s
Ci y Hecorder.
Affidavit of Publication
STATE OF UTAH, 1
}88
County of Salt Lake )
D. 1J. OCKEY
Being first duly sworn,deposes and says that he is the ad-
vertising clerk of THE DESERET NEWS,a newspaper,
published in Salt Lake City,Salt Lake County,in the State
of Utah.
That the advertisement
An Ordinance Bill No. '8
was published in said newspaper, in its issue dated, the
day of A.D.19 __
and was published on September 38, 1950
the last publication thereof being in the issue dated the
day of A.D.19
4LsingC7lerk
/ % -
Subscribed and,sworn to before me this day of
A.D.19 4Cb
tx/ --
Notary Pub
al 51 d of L eh,.Tt=h.this
Legal Notice d ,` r..t_-, AG la,o
assigns, upon EARL J.GLADE.
AN NItIIIN.ANLI: r Ii Noither t=a enkines not
AN ORDINANCE GRANTING TO' s atoll to permits.. o tenaln 000,: F.3ITNE AR Ci s' Recorder
T P.E OFIECON SSO ''LINE RAIL ark. (SEAL,
ROAD COMPANY 0nlo ram fie f le t or BILL NO. .9
fi.IlrAud Comps..J..• ,I ,old Dark ttOrflulee Published L otter 19th 1959
chit,to
apwalo
maw-
t -.I. d construed_o 1 d1 traskf ',minpavement.sidewalk,
alk,
d t4 h Ten 1 Vt ontI said
telwerd q yen. WTI Scoot nd creed It Mail elnaut stI11 B11.
NI nth Rea Street In Ssl'.Late C.R. mow v.Ito he a .her
'Utah. tneircal
as shall hr ornorod ti the
Fe 11 ordainedby lie ,rr of H d C n hall
( riationc'a Al Salt l-I.eCity. Tplaer y 5I aka out-
Rio in •r a n n� o the sanslnn-
,IINCTION 1 A orannhiar Is here- Gott ofo.ho C f Atr ens
bV ll rnntM free the Ore no Short Lme and Public Improvement, and shall
Railroad Company Arend on Fantle 5n the the utl tens e
A Broad Company. Lc+soc e- we vs that contd.,.hes :111 allow free
cossors and construed p Ra t.-In the t:l on t
operate not maim A to I. ndatr of Laid Commissioner
Adrian tailloird [rank Ivor sod upon .SECTION ft. Nothing in this
SouthTernpl Srt- grant shall 1 s to
tl W e t t eV Woat Lake City
Etrret 'ton Lake Cv,Utah, the peeve,
1 - 'lot p s
center.Ic of d bark h p t whom franchise
7 11 part/indict!' It d a follows:
e h. .tf r he
Ik np 1 u u-- ofgt. nr r been or may an 1 el e
tl 1: 0 [d in hark of ,p'., oiler:
the O I Lt e R'I I 1no, arm _ .r
E t rmpl 4A' feet s -I arris
1',7:r 630 9f the 1.e1i I S 11--
f! Plan G Snl_ as re.;
n am as war',chic to
Low f to Ale n e..Mrt h n
wt.es Imo S f nropsset. ma, e.og i'h.nt I
tl o 'M 1 F.cy- 1 a III, d
t Wins fauk.i1tni: -Id.r• nd protect_ s
I t .6 '.I th t I:( t .. g
fl 1157 19 } 05 f Al d tI Neck
toleftaltnn Mc l ,�Y�19ta frte.: N Gmittire
f I for o .L (P [ )2 Net: h shall, Ms
U -It' he
thou. Aral. k Moog the renter ter s I (Al {
lanoinses hem.
line of the exist.,fdIstok whioh Is and consideration of the
-t t t. I jA A dlsante now _
f 1197 5 pn. 1 pint,L c U It of
of a t tett.lr1914.kr (his ^ Lily
Wits fr792 9 feet for h distance harm.,f 11 snits,elan,i s dm
of ,29 fort: theme q,!'fall it¢on ends and ]udpments r
t t y nt .old 0.r i 111 8.3 '1 t h1 lacy n in r L which
on d rain 24.2 r et, thnnre hall he skied,found or red
Moog t y^ of n e to the left In m w t a s on
ha moll. come to
feet I sell City storm Win, magert to
t
9 et: Goner tutliw, own,. or othomme
1 nl eat In old of t td v Can'
qt t
b 1
tthe el-l r a 1 1 th o khefTre n- n' L.
sold
�;I lots
ni h" 1 h and 1 ietG-
rils•Sof o of Id I pole:' (no Va,:term.lna:inn edlnrten-
tl of tin Il West .Street Mon Wich di ant sult of woe..
33 1 t. ...the., other I n,e 0 1 I .a I sr
Lot`rr I!nr sears Flat Salt Lake i.SallLake( and the (iran-
PCNF f 1' f I assigns shell
emir, in 1defendL all I
srlrl . pitf E In bou(tot system,nr .,Alt Lal,c City for
or -.wage
reason
} I In u f N.melt- r ochry uctltwat!, or r m.Ape e 1 .t
.'PION 2 Darks the term Grantee.aid it 1 1,
of ,that -I t
sor-
t.: ant tl its and chal have hill
ris Ions, shall he vlut and he sa to
ant followingondl' blot: to of
did and the s
!at rho c ten red 1 aid Sr:C for 5. This of ,,,lset Is
a
pun and., r marl r the aft.t e nthe la1 :ly
nrle of frnlI t' e o r r1 cold . or -the t oe She
n[ ued ding un world.,
note
rirnahre At ton P.Aelm,. tho eedv nr0 000i t e Inr a poi tint of n
COMM
Cnnomis-
sTnll. at Its on Nts tinting the
r a'Pet Mr nf ele.to iron any
of Mk r s hlee old t ark or
r'rttr hark n�tn as to moot o,rn to the parr Mutest is n '.nd fob
too pater, [ her Lhte franchise
Wheneveresto cell streetl where Its l toted Alf tome 15: suf san-
Rani I,re metro ntrd shall Sr t'rack iA t of sand
ha' d repo.. Ater t - track n wilt'dart of.at
f'om-
n -I, thnr -Id (' t test I shall snlof Ce op-
cessors tnl shallt: wren i tlnd If the Hoed of Cte Boards r of
Par and
r r`n rnpalr between the If s ordered by and of1
triotall,of d r warn At n Cart nut- Commissioners, sold te Dank shall
tier e kind wit,. thirty Id01 dots after r t,o evil A said�r1llrnoy n Iron. be by sold Grantee gyred
eltr other tin toed a fro the cot and the- eat
apflra ve it ly Illr lTioefd or sGutmnle� share: f dnsailon unit-ono le-
O..'s, the r.ol tw ode.said s set and
with
'Ito P (:r:'.ntre l re- eft to o and eon-
ten r!a pa uo t rt'Ir.ee n_ sir minn e utithe ct eN o he
In reunitedr n el f -1 Irby emsni nl 5t e end f foi!-
In ta for: pr-lod o birth? ]r11prf satin Grantor t tie e eat ve teil-
r191 fearer thodo, or r, In
r end
Ward n[ C c to do. ..k d t t first
tho flit v Wall "he right to and within itt,y
p3 the
whit t Vera,'h t301 r (t r a.tex,the work may
Noon Mir
_ sold be door`no Solt Lake City at tha
area andlshoe tlynoire',woes ole r of mess this
Of oven tor. Clay r.nand
r . a aspens.
the
(;61Crms a this tranehlen
u[-old u;ork,labor,and ml 1m 1, and MI file tenant and In w iting
fe) The oldat track shaft on lntd the roof gran be a:einled within st thirty
nod the r stray eImpec c c to c ty roc Grantee hernln cinge thirno ty
se to Rand come does otter this o sbe-
aid
common and rhrl,i ordinary - o[ saftl effective,u end unless sold
ntII wall i s laid. Ow( Le constructed prior to Jnpn-
Iell bey d awl sbolt eat nnndnnd are 1.1952-then this oxdtnanco shall
to r shoo it cal d she be null lr void.
1pntse of in watt,
mad condition at the eon of \mmission In the
ditch, al said by step(raid all sir as nl tltn Co�on ordi o a
dhnhms r rod by sAIIrT s exists, this ordinance pteoltl
to admit of from z^my o passage n Ee k+n(retr Incur ntntnly a i Pu}t'o-
c1 Salt C tin Its eo[.
night to slat Rod
: eat 57 the Board of Commis-
9 6