American Fork citizen. [volume] (American Fork, Utah) 1912-1979, 1915-07-31

Utah.
Section THAT there is hereby
granted to A. J. Evans, Edward South
wick, s. l.. Chapman, N NJ. Ambrose,
G. G. Johnson and John F. Clark, their
successors and assigns, the right. pri-
vilege. to erect, maintain, and operate
a Telephone System upon, over,
through and across all the streets,
lanes, alleys, by-ways, and public
places within the limits of Pleasant
Grove City, Utah County, Utah, for the
purpose OF erecting and maintaining
the necessary poles, posts, wires,
cables, insulators, conduuits, and all
things necessary for the purpose of
transmission lines for telephone uses,
with the right to erect telephone ex-
change or exchanges for a period of
nifty 900 years, subject to the condi-
tons and limitations hereinafter men,
toned.
Section II-That all such poles,
posts, wires, cables and conduits shall
be set and placed under the direction
OF the City Council, or some person
appointed by them; and said city re-
serves the right to require said gran
| tess, their successors and assigns, to
change the location OF said poles,
posts, wires, cables and conduits, and
TO compel the said grantees, their sue
oessors and assigns, to place their
transmission line I'm an underground
conduit, IL the conditions Of said city
shall reqire said transmission line to
be so places underground
| Section III--This franchise is grant
ed with the distinct understanding
that there shall be erected, and per-
petually maintained, what is common
~ known as a central, or exchange.
In Pleasant Grove City, Utah County,
Utah.
| Section 1V-ln consideration where
OF the said A. j. Evans, Et AL, their
successors and assigns. agree to al
low the said city to attach, at any
, time, to any of said poles, the City
| Fire Alarm and Police Service pro-
| vided that the same shall be placed
and maintained so as not to interior
with said grantees uses, and under
the direction Of said grantees mana
ger In said city.
Section What in consideration of
the granting Of this franchise the said
a. j. Evans, ct. al. their successors
and assigns, agree to furnish, as soon
as the said exchange is established
and In operation, and to keep I'm re-
pair without charge. three telephones
for free exchange service in said city
and I'm Utah County wherever their
lines may operate the free use of said
telephones in said county outside of
Pleasant Grove City, to be limited to
official city business.
Section VI-The said a. ]. Evans ct.
nO0 nj 81.
not cut, trim, OF disfgure. any shade
tree without the consent of the abut-
ting property owners: provided, that
In the event OF a disagreement be-
tween the said grantees, their sue
cessors and assigns. and the abutting
property owners, the matter shall be
determined by the City Council.
Section VII-Pleasant Grove City
shall In no wise be responsible for any
accident or damage that may occur
10 any person, or corporation, In the
construction or operation of such
Telephone System by reason of the
negligence. default, or misconduct of
said grantees, their successors or as
signes; or officers or agents or en-
ployees, and the acceptance of this
franchise shall be deemed an agree
ment on the part of the said grantees,
their successors and assigns, to save
the city harmless from and against
all or any manner OF liability, loss,
cost, expense, or damage, including
counsel or attorneys fees, for any
cause arising out Of such negligence,
default or misconduct, or which may
accrue by reason vf any accident or
injury which may occur to any per-
son or corporation by reason of the
construction or operation OF the said
telephone system. and to indemnify
and repay the city for any such loss,
liability, costs, expense or damage, in
Guiding such fees which the city may
sustain by reason of such negligence
DEFAULT, misconduct, accident, or in
Jury, or. IL any judgement for damages
shall be recovered by any person or
corporation against the city, the re-
covery thereof shall be final as be-
tween the city, and said grantees.
their assigns and successors, and con-
elusive as to the liability OF the latter
TO the former; provided, however,
that the said grantees. their success
ors and assigns. shall have had notice
IN writing OF the tendency OF such ac-
lion In time to appear and answer the
same, and opportunity to join in the
defense thereof.
Section VIII-The said telephones
to be established at such places as
the said City Council may direct dur
ing the life of this franchise and the
operation OF the said company In the
said city; also, to pay all expenses in |
CURED In connection with the grant |
ing OF this franchise. The provisions
OF the foregoing sections shall be
void unless an unconditional accept |
ance thereof be placed on file In the |
office OF the recorder of said city by |
the said grantees, their successors
and assigns, within sixty 900 DAYS
from the passage OF this ordinance.
Section lX-This ordinance shall |
take effect from and after the passage
and publication.
Passed by the City Council of Pleas
ant Grove City, on this 10 day OF July,