The Utah County Democrat. [volume] (Provo City, Utah) 1898-1909, 1899-04-12
A RESOLUTION
Granting a Franchise TO VIM
D: Roberts and D. H.
Roberts.


City Council of Provo CIV. Tha, vii
= liam ID. Roberts aud d. II. Rober,s
'heir successors aud assigns, hnvs Tho
authority and consent of the Cir,
: council, and the permission is hereby
granted them, TO use the wafer nm,
/. may not oe put 10 any useful purpns.
ny IL j. Ward & Sons In what is known
DIS The factory race, said water Ia be
diverted Tor the purpose Of propelling
machinery by The said grantees from a
: point not less than Xix inches below
the top OF the headRale of e. j. Ward
q sons. on "H' street be- weer Third
ana Fourth STREETS OF Provo Civ.
Ioence 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 NAV
desire, so that SAID diversion shall not
10 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, cost, or expense or
damage OF any nature which NAV nc.
crue IN or by reason Of the copstruc.
ZION or operation of said waterway.
ana To indemnify and repay said city
Tor any luss, cost or expense, or damage
or any kind which may be sustained by
reason Of any default misconduc,. nc. |
cldent or danger, aud judgment for
damages shall be recovered against the
city. the recovery Thereof and the
judgment thereof shall be final as be-
tween the said grantees. their sue.
cessors 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
one year after the passage of this rrso.
luton, and said wb:k shall be com.
piet'd within eighteen months after
the passage nf this resolution.
SEC. THAT this franchise Is grant. {
Ell 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 II the city needs or
desires said water for its own purposes. {
SEC. 3.--lba II the grantees, their ,
successors or assigns. shall fail 10 ap-
ply said water Ia the propellng of ma !
chinrry within eighteen mouths from
The passage hereof or to keep and per-
form all the stipulalions OF this resnlu. r
tion, or shall fail or refuse to comply
with all the rules, regulations and ord y
nances OF PROVO City relating TO the \
granting OF franchises for power pur.
poses, which are now enacted or which
shall hereafter be enacted, then this
franchise shall be void and of M effect.
SEC. Al this grant. with theiernis
md conditions herein appended be not
ccepted in writing by The grantees Z
within 80 days after the passage OF this
esolu'inn. the same shall be void and
I no effect. -
Passed this Goth day of February. \
|. ID. 1899.
JOHN e. BOOTH.
President OF the City Council. :,
Attest; l.. l.. NELSON, Nc
ZEAL. City X cOrder. y
i, John e. Booth, President of the g.
ity Council Vt Provo City, Utah g!
ounty. State Of Utah. hereby certif. II
lat ut the regular session of the City ~
ouncIl. held on the 9th day of March, 81
. ID. 1899, the above and foregoing ~
solution was passed by two-thlrds 30
ajOrity OF all the members Of said 2s
,uncil, Notwithstanding the objections o.
the Mayor thereto s5
Attest: JOHN L. BOOTH, "a
President of the City Council. n
exc
Sd ceaa'H is. e,
|, L. L. Nelson, Recorder in and for P Pso
ovo City. Utah County and State of a. ~
ah, hereby certify that he foregoing a.
a tull, tue aud correct copy OF ' CT,
solution granting franchise 10 vii. soSi
IN ID. Roberts aud D. II Roberts. peGnt
ssed by The City Council OF Provo Loui
y this 9th day Of March. A. ID 1899 IN
"a testimony whereof / have here s. ~
90 affixed the Seal OF Provo City {
$ 7th day of March. A. ID. 1899. W.
l. L. NELSON. City Recorded