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HomeMy WebLinkAbout31 of 1912 - A resolution that the Corporation Counsel take legal proceedings against the Denver and Rio Grande R REMARKS: Resolution 4. Ai ; 4 By Commissioner MORRIS ! That the Corporation Counse. i take legal proceedings against the Denver & Rio Grande Railroad' Company to enable City to open West 5th South or that said Company build, a viaduct. REAL AN,--• AGOPTED, • c!• • ROLL CALL . 3?- ..- ,,,,,..- e 1$444047ity, Utah*_. .__ltt - i9I*:_. vo 6 Yu No I move that resolution No..Ai by Mr ..:]195 1E be adopted, Keyser. ._.... .. ... e Koine y wk.' $ oikfltf,the Baud at! Cavaisst • amII 401( r -g . O. . ,, ' �'. „'�` '.. :l• Y:k :fit , P. J. DALY, H. J. DININNY, • • FIRST ASSISTANT, CITY ATTORNEY. , �rp W S. DALTON lb, a • . 7l SECOND ASSISTANT !!// ma��yyy... Ohl }ii`' \,.: 1 - I - It ! I3 \ z _ � t !; t 1i � xiii, - r_i_ ii y,,,_ , �x _____„=- L, _ _ ___ L.......1 — . . ___, , 4 ;4 , j i ______ , 1 li , ..., 1 ; . ii .1;,ittri , tb ; , ) } �}. r l.... - SLAV 3314121'11111112 t L I :Tip, . P A ) i - ; //K /C ,1._ (//9// �usbruar 14, 1912 y Hon. Richard P. Morris , Commissioner of Streets and Public Improvements . Dear Sir: - With reference to the matter of the opening of Fifth South Street between Fifth West and Sixth West Streets, submitted to my predecessor for investigation and report , I have to say: That by ordinance effective January 26, 1901, the City Council in terms vacated and closed to public use , and in terms granted the use thereof for the erection and maintenance)thereon of shops, buildings and other structures suitable for railroad and station purposes , to the Rio Grande Western Railway Company, *that part of Sixth West Street between the south line of West Second South Street and the north line of West Fourth South Street , including the crossing of West Third South Street; also the east half of Sixth West Street between the south line of West Fourth South Street and the north line of West Sixth South Street, includ- ing the space of said east half of said Sixth West Street at its crossing of West Fifth South Street: Also that part of West Third South Street between the crest line of Fifth West Street and a line crossing said West Third South Street north- erly and southerly through the center of Blocks 38 and 38, Plat "C*, Salt Lake City Survey: • -2- Also that part of West Fifth South Street between the west line of Fifth West Street and the center of Sixth West Street." Narthex provision was that upon abandonment of the railroad the grant ceased, with a prohibition against leasing or conveying the premises for any other use. Revised Ordinanoes, page 490. By ordinance approved the 22nd day of August, 1911, the Council direct- ed the said railroad company to oommenoe the oonstruotion, and have com- pleted before the first day of July. 1912, a steel constructed viaduct of sufficient strength and capacity for street uses, on Fifth South Street between Fifth West and Sixth West Streets, together with proper approaches, etc.; the viaduct was to have a roadway thirty-eight feet wide, paved with suitable material and a cement sidewalk on each side six feet wide, all subject to the approval of the City Council and the City Engineer. It was further directed that plans and specifications for said via- duct should be prepared and submitted for approval to the City Council and the City Engineer within sixty days after the passage of the ordinanoe. ' No plans or specifications as required for the viaduct, have been prepared or submitted at any time by the railroad company, as required by the ordinance, and it now appears that that part of West Fifth South Street above mentioned, and west from the center line of Fifth West Street, is entirely and permanently obstructed and closed to the public, and devoted exclusively to railroad purposes. From personal investigation and evidsnoe submitted, I am also advised that Sixth South Street at the crossing on South Fifth West Street is obstructed and closed by the railroad company during a large portion of each day, all of which is to the great inconven- ience of that portion of the inhabitants of the city residing along West -3- Fifth South and West Sixth South Streets. Om the 26th day of December last , the City Council by resolution di- rected the Supervisor of Streets to at once remove all obstructions on West Fifth South Street between Fifth West and Sixth West Streets, and resolved that the street should be restored to the use of the public . On the 5th day of January last the Supervisor of Streets mailed a letter to the General Superintendent of the Denver and Rio Grande Railway Company in this city, enclosing a copy of the resolution aforesaid, and notifying him to remove the obstructions, etc . In response to this communication the attorneys for the railroad com- pany, under date of January 6th, wrote a letter to the Supervisor of Streets protesting against any attempt to summarily open the street , and suggesting that the railroad company would resist any attempt so to do by force , etc. , a copy of which communication is annexed hereto. The situation thus made is quite serious , and it is evident that some- thing should be done . I do not think it is a case for summary action by the city authorities,since the railroad company has been in occupation of the street for many years under an apparent authority granted by a former city council. But the authority of the council to enact the ordinance first herein referred to, is at least questionable , since by the terms of the grant it was contemplated to tura over to the railroad company the full possession of the street to the exclusion of the public . If it had not each authority, as in my opinion it had not , it would seem that the city would have the right at any time to re»open the street, unless it should ba found that the railroad company had acquired contractual rights in the occupation by reason of the alleged grant and the acquiescence by the city for so long -4- a period of time resulting in the railroad company expending money, dcc, in buildings and improvements. All of these are judicial questions that can only be fully determined upon a hearing. The right of the pity to compel the construction of a viaduct is so connected with the matter aforesaid that it cannot well be determined by itself. I advise therefore that this office be directed to take each legal proceedings as shall be necessary in the premises. Very respectfully, . Corporation Counsel. (Copy) January 6, 1912 . Hon. W. J. Tuddenham, City Street Supervisor, City. Dear Sir:-- Several years ago Salt Lake City vacated and closed Fifth South Street and granted the same to the Cenver and Rio Grande Railroad Company. The street was closed to public travel and has so remained ever since. This ordinance was duly and regularly passed by the City Council, approved by the Mayor, and accepted by the railroad company. If Salt Lake City or any other person believes that such street was not legally closed there is a regular and proper manner to test the question by bringing suit in court and as a matter of fact private individuals have brought a suit which is now pending in the Third Judicial District Court, namely, Ek, et al. , against the railroad company. When this case is tried then there will be a determination as between such individuals and the railroad company as to whether Fifth South Street shall remain open or closed . We do not know whether reports in the papers are true, or not, but they state that you will 8o down and open Fifth South Street in case the railroad company does not do so. The railroad company will not open Fifth South Street . We write this letter merely on the supposition that the papers reported you correctly, although we know that such reports are often erroneous. We assume that you will naturally desire to proceed in a lal and lawful manner to test the question whether Fifth South Street shall be opened, and certainly it would not be a legal and regular manner to go down and attempt to open Fifth South Street by force. It is always to be deprecated when force is met by force, and certainly -2- the railroad company as the matter now stands has a right by force to resist any person who comes upon its property except in a lawful manner. It must be apparent to you, and we believe the City Attorney will so advise you, that it is not legal to go down and attempt by force to take possession of property which is now held by the railroad company and which was granted to it in a regular and lawful manner by the City Council of Salt Lake City, Utah. We write this letter so that you will be folly aware of the Paote in this case. Very truly yours , Van Cott , Allison & Riter, By Van Cott . RESOLUTION . RESOLVED, That the Corporation Counsel is hereby authorized and directed to take legal proceedings against the Denver and Rio Grande Railroad Company for the purpose of enabling the city to open West Fifth South Street ietween South Fifth West and South Sixth West Streets, now closed and obstructed by the occupation of said Railroad Company; or in the alternative to require the said Railroad Company to construct a viaduct over and along said West Fifth South Street at its intersection with South Fifth West Street; and the said Corporation Counsel is hereby authorized to do all things necessary in the premises . --)6/\\ Passed y the Board of Commissioners of Salt Lake City, February 19 12. vayor y ecor nr ��