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Show A ItESOLUTION Granting Franchise to Wm.. D. Roberts and D. H. Roberts. Section 1. B It Kesolvod by tho City Council of Provo Ctiy. That Wil-Ham Wil-Ham D. Roberts and D, II. Roberts, their successors and nsslgns, have lite authority and consent of the City Council, and the permission Is hereby granted them, to uso the water that may not be put to any useful purpose by E J. Ward & Sons In what is known as ilm factory raoi, said water to he dlver-ed for tho purpose of propelling machinery by ihu Mild grantees from a point not less than x Inelies below the lop of the headgale of E. .1. Ward &Sons, on "II" street between Tljlid and Fourth streets of Provo City, thence running south to a point on 'IP'stroot between Second and Third Htreeis. That said wntor may bo convoyed In any manner that lliesald grantees may desire, so that said diversion shall uoi In any miluner Interfere with the proper use of tho said factory race or the streets adjoining thereto. Said grantees, their successors and assigns covenant and ngreo to save Provo City harmless from and against any liability, loss, eost, or expense or damage of any natpju which may accrue ac-crue in or byrtmsoYi of the construe-tlnii construe-tlnii or op-ration of said waterway, and to Indemnify and repay said city for anyjoss, cost or jjxpenso, or damage of any kind which may bo sustained by reason of any default, misconduct, ac-i cldeut or danger, and Judgment fey damages shall bo recovered against tlbfj city, tho recovery thereof and ihjp judgment thereof bball l'ie dual as b.j. tweeil the said grantees, their sut. cessora nnd assigns, and cotiolusivo vh to the llubllliy of tho latter to the clfy corporation. Thu construction for tho conveynnJco of trio water Is to commcuco within one year after tho passage "of this rg0-lutlun, rg0-lutlun, and said work shall be clpm-ploled clpm-ploled within eighteen months nher the pissage of this resolution. Site. 2, -That this franchisor grafted graft-ed subject to tho pleasure of tho Cluy Council, and nothing In said gram shall bo construed to the grunting hf tho use of the water If tho chy needrfnr desires said water for Its own purpcyses. Skc. 3. That If tho grantees, tfholr successors or assigns, shall fall t'A apply ap-ply said water to tio propalllng'yf machinery ma-chinery within nlgh.tf on montjift from the passago hereof i'r to WceT apd perform per-form all tho stipulations oT ihis-resolu- tloti, or shall f'di orlrefuw, to comply with all the rule, reubiioris and ordinances ord-inances of Provo CiijdfroluMiig to the granting of franchiser for power purposes, pur-poses, which aro uowf enRCted or which shall hereafter bi'TnifoJ, then this franchise shall bei . f im fl"c. I Sec. 4,-If lUmfKaX. with the terms 1 and condUloojBfcUw uppsaded be not o iBwB iir"'rf -L accypted I., wr,nil by r,)e frfM ' within 30 days after the passage unfits rcsuluifurii. tho 8atno shall bo void ntffl of tiO effWL - v-'J. , Pif 1 ,W 20,h rty Fibrfe A4 1). leui). ' z, 'V? . " JOHN U. IJOOTH. Presldeni of ihn City Coundil. Attosti L. L. Niu.son, SEAt,. City K corder. ; , -lohn E. Uooth, President of tho City Oouiiell f jmVo (jj,yi jjfti, Ouunty. St-to of Utah. lier.-hy certffy that at the ivgular sesl ,n of the City Cotincd, held on the oih day of March, A. 1), 18111), the iibovo and furegolnu resolution was passeil by a two-thlnls mujorlly of all thu members of said Council, not withstanding the objections of the Mnyor thereto. Attest: JOHN E. UOOTH, President of Hie City Council. Statu op Utah ) Utih County, J-s. Provo city. ) I, L. L. Nelson, Itocnider In and for Provo City, Utah County and Statu of Utah, lierehy ct-rtlty that : he foregoing Is a 'till, Hue and correct copy of a resolution granting a franchise 10 Wll-lam Wll-lam D, Huberts and D. II. Roberts, passed by the City Council of Provo City, tlds Oih day of March, A. I). 180U. In testimony whereof I havo hereunto here-unto alllxed thu Seat of Provo City this 7th'day of March. A. D. 1800. L L. Nelson. City Recorder. |