Show AN ORDINANCE A resolution grant lug to the utah light and Tt railway allway compan a corporation its success OM an nd d aragni a franchise o and ot of waw over certain streets and bountiful city davis da vis county state of utah belt be it resolved resolve dby by the mayor and city counell council of bountiful city aits county of davis state of utah as follows leellon section L that the utah light debt and rall kail way company a corporation its sora and albian i bo be and they are hereby granted a franchise to construct maintain and operate a pole line to bo be used for the of electric current for the purpose of elect electrical ocal energy to operate a substation sub station tl be located near eth soul ii and rh east streets and fo tor the supply of electrical energy for or light power and heating purposes to pat ties de string samo same who have the facilities and alehta necessary essary tor for making connect connections lom to said bald pole dole line section 3 2 the grant herein made is over the streets the pie Nent west boundary of bountiful city and on the south south street which point Is ab rods south bouth and 10 rodi west ot of the northwest corner ot of section 30 township 3 2 north range 1 east salt lake meridian thence east bait along the south side bide of 0 ath south street known west ot of west went limits of 0 bountiful city us ni highway 30 live thousand five hundred MOO feet more or less to ith east street thence aarom eth south street to nort livi abt corner of intersection of ath th south and ath eat streets the said pole line upon bald streets si shall lo be located as may lie be designated and determined by the city council prior to the beg luning of the construction ol of bald ald pole line section 3 the sald said grant Is made on conditions that the said era Cran its successors and abbl irm shall begin construction of its polo pole line along alone bald street or highway within six months from roni the passage of this resolution and shall complete said bald pole line on or before the thirty first day of december 1913 the said grantee crant ce its bucce successors mors and assigns ans a ns shall keep and maintain in good repair the poles and overhead wires of its polo pole line in sucha such a way as to insure inure safety to the public from failing poles or wires good and permanent cros crossings bIngs shall bo be made and maintained with the overhead construction st work by the said grantee at intersection of its pole dole line with highways or other existing pole lencs sald said grantee its successors bors and asb assigns igns shall also comply with the di directions ions of the said city council in the construction and operation of the said polo line to the inte intent nt that such construction and operation shall not cause tiny any unnecessary impediment to the common and ordinary use ube of said bald or highway for all other purposes and provided that said grantee shall set bet all poles subject to the approval of the city council plat of exact individual polo locati locations oni to be submitted later for city councils approval wherever said bald polo pole line traverses ira verses ses bountiful city streets or highways the plat herewith attached Is for the approval of city council as to the general location of said bald polo dole line section 4 nothing in tills grant shall be so construed as to prevent bountiful city or its author authorized authorised lied agents from grading se laying gas or water mains or pipes dives altering manner or improving inythe the treet street or mentioned herein batall but all s such u improvements shall be made with as nai little 0 injury is practicable to said pole line and in the operation thereof section 5 it Is further agreed that bountiful city shall in no way be liable hable or ble tor for any accident of damage which may occur lif in the construction or of said pole line and the acceptance of this grant shall be deemed an agreement on the part of said grantee its successors bors and assigns to save the said bountiful city harmless from and discharged of all liability los lops costs ex muse ord amago ot of my any nature arising arl ang out of any fault or misconduct of said grantee er antee its successors or abb assists igns or its employed emp loyes or which may accrue by reason of any accident or injuries which may occur by leason ot the construction st bt or operation owsald of said pole line and indemnity indemnify and pay day said bald bountis ua city for any such loss costs expense or damage of any kind it may sustain by reason of any such fault misconduct accident or injury and if any judgment tor for any damage for any such fault misconduct accident or injury shall be recovered said bountiful city the recovery and judgment shall bo be final as between said city and the said bald grantee its successors and assigns and conclusive asto as to the liability of 0 the latter to the former provided that said grantee its successors and have had notice in aritina of the Den tendency dency of the suit gult la in which said bald judgment shall be recovered and has had a reasonable opportunity to defend or participate in defending the same section 6 the wit elicson es on said polo pole line may carry electricity in any form or at any voltage not to exceed volts section 7 said grantee er antee its successors and assigns tire are also hereby granted the right and privilege to sell bell electric power lower from said polo pole line to any customer whose connections are adjacent to said bald pole line and who are now purchasing power f from rom said grantee sections section S the rights a and u d franchises hereby granted tire are for the term of fifty years from jula Jul it 1905 to july 1955 and are accepted e d upon the conditions viz that it if the said grantee its successors and assigns shall toll fall to perform all of the stipulations of this ordinance the city council after 60 days written notice andon and on failure on oil theeart the part of said grantee to comply with the terms of this franchise may by a majority vote of tho the city council declare the privileges herein granted forfeited and proceed to take possession of the pole lines right of way and control ot of the same as if this ordinance and franchise had not been passed Sect section loni fl the rights and franchise hereby granted must bo be accepted by bald ald grantee within 90 days from the passage of this resolution and work must be commenced within the mentioned and completed on or before bufore date hereinbefore mentioned for completion of said work Other otherwise grant brant shall be forfeited by said grantee Brant ce its bocc successors sors and assigns as to all portions of the said highway upon which it has hai not constructed any polo pole lines section 10 this ordinance li to take effect upon the accept acceptance aneo thereof by the grantee w athin tho the time herein provided passed and approved this loth day clay of december 1913 CHAS K R MAREY mayor JOS KYNASTON recorder corder lie SEAL seala |