The Utah County Democrat. [volume] (Provo City, Utah) 1898-1909, 1899-04-05
A RESOLUTION
Granting a Franchise to VIM.
D. Roberts and D. n.
Roberts.

wy Nou"C'l WI ITONO wy. Inht VIII
liam ID Roberts aud ID. II Roberts,
their successors aud assigns, have the
authority and consent of the City
Council, and the permission Is hereby
granted them, to use the water that
may not be- put 10 any useful purpose
by Il j. Ward q Sons in what is known
as the factory race. said water tn be
diverted for the purpose of propelling
machinery by The said grantees from
point not less than xix inches below
the top of the headgate of T.. }. Ward
& Sons. on "H' street between Third
and Fourth streets OF Provo City.
thence running south TO point on
III" street between Second aud Third
streets.
That said water may be conveyed In
any manner that the said grantees may
desire, so that SAID diversion shall not
in any manner interfere with the
proper use Of the said factory race or
The streets adjoining thereto.
Said grantees, their successors and
assigns, covenent aud agree TO save
Provo City harmless from and against
any liability, loss, c0st, or expense or
damage of any nature which may ac-
crue IN or by reason Of the construc-
ton or operation Of said waterway,
and to indemnify and repay said city
for any loss, cost or expense, or damage
OF any kind which may he sustained by
reason uf any default. misconduct, ac-
cident or danger, and judgment for
damages shall be recovered against the
city. the recovery Thereof and the
Judgment thereof shall he final as be-
tween the said grantees, their sue
cessnrs and assigns, and conclusive as
to the liability of the latter To the city
corporation.
The construction for the conveyance
of the water Is 10 commence within
Que year after the passage of this reso.
luton, and said wo:k shall be com
peted within eighteen months after
the passage of this resolution.
SEC. 2. That this franchise Is grant.
ed subject TO the pleasure Of the City
Council. and nothing in said grant
shall be construed 10 the granting Of
the use Of the water il the city needs OF
desires said water for It's own purposes.
SEC. 3.--1hat II the grantees. their
successors or assigns. shall fail To APP
III. 10 n ny m linn NJ M a..
chinery within eighteen months from
the passage hereof or to keep and per-
form all the slipula,ions of this resnlu'
ton, or shall fail or refuse to comply
with all the rules. regulations and ord.
inances of Provo City relating 10 the
granting of franchises for power pur'
poses, which are now enacted or which
shall hereafter be enacted, then thu
franchise shall be- void and of M effect.
SEC Al this grant. with the terms
and conditions herein appended be not
accepted in writing by The grantees
within 80 days after the passage Of This
resolution. the same shall be void and
OF no effect.
Passed this Goth day OF February
A. ID. 1899.
JOHN E. BOOTH.
President OF the City Council.
J Attest: l.. l.. NELSON,
SEAL City K cOrder.
l, John Z. Booth, President OF thu
City Council nf Provo City. Utal
County, State Of Utah. hereby certif
that ut the regular session OF the CITY
Council. held on the 9th day OF March
A. ID. 1893, the above aud furegoiuI
resolution was passed by two-ihirdI
majority OF all the members OF sale
Council, Notwithstanding the o6Iection
oil the Mayor thereto.
Attest: JOHN E. BOOTH,
President Of the City Council.
; STATE OF UTAH
Utah County, IS.
, Provo City.
> ILI Nelson, Recorder IN and TO