The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1911-09-09


maintained in good condition at the
expense of the grantees herein. at all
the water bitches crossing the said
railway, so as to admit Of the free
passage of water.
Sec. 8. Nothing in this grant shall
be so construed as to prevent Cache
County. on it's authorized agents, or
ficers or contractors from paving,
sewering, laying gas or water pipes,
altering. repairing or in any manner
improving said streets, roads or high
ways, but such improvements shall be
made with as little injury as practic-
able to said tracks and the operation
thereof.
Sec. 10. Said Cache County shall
in no way be liable or responsible for
any accident or damage that may oc'
cur on said road by reason of the con-
struction on operation thereof, or by
reason of the default, misconduct or
negligence of said grantee or their EN-
pIoyees, and the said grantees, their
heirs or assigns hereby covenant and
agree to save Cache County harmless
from and against any and all liability,
loss, cost OF expense or damage of
any nature arising out of the default,
misconduct or negligence of said
81, hN
son of any accident or injury which
may occur in or by reason of the con-
struction or operation of said railway
and indemnify and pay or repay to
said Cache County for any loss, cost
or expense or damage of any kind
which may be sustained by reason OF
such default, misconduct, accident or
injury, shall be recovered against said
Cache County, the recovery thereof
and the judgment thereof shall be fl
nal as between said county and said
grantees, their heirs or assigns, and
conclusive as to the liability of the
latter to the former.
Sec. H. That the poles for the car
rying of telephone, telegraph and
trolley wires shall be of such size, ma
terial and shape and placed at, such
places as indicated by the Board of
County Commissioners 1t is distinctly
understood that Cache County shall
have the right to use any and all of
the poles erected by the grantees
herein, their heirs or assigns for the
purpose of placing thereon such wires
for such purposes as it may desire, the
same not to interfere with the use of
said poles by the grantee.
Sec. IL. That II this grant with the
conditions herein contained, be not
accepted in writing by said grantees
within thirty days after the passage
of this ordinance, then the said fran,
chise shall become void and of no
force and effect.
Sec, 10. All rights hereby granted
to said grantees, their heirs or assigns
are subject to said grantees, their
heirs or assigns, commencing the &C
tual construction of said railway on OIL
before November LIST, 1911, and com
pletng annually thereafter at least
ten miles of railway, and so continu
ing until the entire line of railway
shall be completed, and said rights
shall be forfeited unless such construc
ton shall have been commenced and
completed at the time and within the
terms aboye mentioned.
Sec. IA. The grant hereby created
is given in consideration of the deliv
cry to Cache County, Utah, of five
thousand shares of the capital stocl
OF the Ogden, Logan and Preston rail
road Company, corporation to b'
! Incorporated under the Laws Of tn,
State of Utah, which said stock shall
be fully paid and worcestershire. am
said grantees, their heirs on assigns
shall further pay into the treasury o
Cache County Utah, the sum of fiv,
dollars per car per year for each an,
evey car operated over said line o
railway during the first ten years o
this grant and the sum of ten dollar
per car per year for each and ever.
car operated over said line of railwa
during the second ten years Of thi
grant, and the sum of twenty-five do
lars per year for each and every ca
operated over said line or railway dun
ing the last thirty years of this gran
Said grantees, their heirs or assign
shall also give free transportation 10
all county officers of Cache count,
Utah, over said line of said railwa
during the life of this grant.
Sec. 10. This franchise is hereb
, granted for term of fifty years fror
date of signing and execution thereo
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