Show AN ORDINANCE an ordic ordinance ance granting pi to the west bountiful reservoir company eom a corporation and its successors and assigns a franchise franchie and ri right C ht of way to construct maintain and operate water water works system water mains laterals literals late rals service pipes cifes and other equipments necessary and to be used in handling conveying accelerating cele rating I 1 and control controlling lint of water for culinary domestic and other useful purposes upon and over certain streets of the city of bou bountiful litif ul jn state of utah be it ordained by the city council of bountiful city utah as fol follows lowb section 1 A and ri right ht of way is hereby granted and given to the west bountiful reservoir company a utah corporation po ration and to its successors and ass assign assiff in to construct maintain and operate water water works system water mains lat brals service pipes and other equipment necessary and to be used in handling conveying and controlling of wa water ter forca for culinary I 1 inary domestic and other useful purposes s all however and in accordance with the conditions and limitations hereinafter in this ordinance specified the streets included in and to be af reeled by this grant rant are as follows lows to wit commencing on fifth south street at a point 10 16 rods east of its intersection with first west street and running thence westerly along the south side of said fifth south street streel to fourth west street thence along the west side of said fourth west street to sixth north street all in bountiful city in davis county state of utah section 2 said 0 grantee rantee shall construct maintain and operate said water water works system water mains laterals literals late rals service pipes and other necessary equipment so as to cause no unnecessary obstruction or impediment to the common and ordinary use of the streets upon which it is laid and add operated and at all times in the construction and operation of the said water works system water mains laterals literals late rals service pipes anil and other necessary equipment within the limits of the city it shall and will con form to all ordinances rules and regulations which have heretofore been or may hereafter be enacted or adopted in relation to the operation and maintenance of water works system water mains laterals literals late rals service pipes and other necessary equipments in said city provided that any an such ord ordinances ordinance inanc to be adopted shalliot shall not suspend the franchise and grant rant hereby made said water works system with its mains laterals literals late rals service pipe and other necessary equipment thereto shall be so placed constructed and maintained as not to interfere with the safety or convenience veni ence of the traveling 0 public or with the rights i of private individuals divi duals an and d shall be placed and located as directed by the city council of bountiful city section 3 the said grantee i in n accepting this f franchise ranc bise agrees that bountiful city shall never be liable or responsible for any accident injury or damage to person or property that m may a y occur by reason of the construction or operation of its said water works system water mains lat brals service pipes or other necessary equipment or by reason of the default misconduct or negligence M C of the said grantee its successors or assigns or its or their agents or employees and in this behalf the said grantee gra atee for itself and its sue censors or assigns agrees 0 to save the city harmless from and against any and all liability loss cot coit expense or damage of any kind or nature arisia arising because of tto tic construction or operation of its taid raid water works system water mains laterals literals late rals service pipes or other necessary equipment whether by the default misconduct or negligence J 0 of the grantee it its successors sois or as sign or aitor their agents or employees or otherwise or which may accrue by reason of any accident or injury to person or properly during such construction st cr operation opu ration and to indemnify and repay the city for any such ins expense or damage of any land which may be sustained by the pity and to de fend at its own expense upon due notice gihei any suit at law or in equity brought against the city for damages or loss on account or of alky df default ault injury or accident as afore aid and in the e event ent of any re recovery Lovery being had against 0 the city it will pay and satisfy the judgment which shall be final and c inclusive evidence us as to the liability of the t granted rantee to 10 the city liec section tion 4 nothing in this grant contained shall shall be construed in any wise to affect the exercise ut of the I 1 lice power of the city for the bacety and health of the people or to impair the rights ri its and obligations dobli actions of tho the city its agents a auts contractors or others to whom franchises are or may be granted to do all necessary paving pavin kayin lay in of gas as water sewer or other mains or pipes Ite repairing or improving any of the streets mentioned without wit boutin in any wise being liable to said biml grantee its successors or assigns assigns in da damages macres section 5 the said grantee in accepting this franchise fur ther agrees that all work done in the above named streets or any or either of them of said bountiful city for the purpose of carrying out the provisions of this franchise shall be done and performed under the supervision of and to the approval and satisfaction of the city council of said city of bountiful or such officer or department as may be delict 0 bated late d for the purpose by the city council section 6 the grantee herein further arees agrees a rees that before they shall com commence m ence iny any of the actual e construction work or makenny make any excavation or trenches for the laying of any water mains later als 1 service pipes or other feces sary equipment in any of the said streets above named herein they shall tile file a written acceptance of this franchise otherwise said franchise shall be null and void section 7 the said grantee further agrees that they will not under this franchise undertake to sell or otherwise furnish culinary or domestic water to the inhabitants of I 1 said bountiful city without first obtaining cl a franchise section 8 if the grant of this franchise f rati chise be not accepted in writing in n by said grantee within fifteen days after this ordinance be comes eff effective active or the construction of said water works system with its water mains latera literals late rals Is service pipes and other necessary equipment be not commenced within fifteen days after this ordinance becomes effect effective ige or the construction of said water works system with its water mains laterals literals late rals service pipes and other necessary equipment be not commenced within fifteen days after this ordinance be comes effective or if said water works system with its mains laterals literals late rals service pipes and other necessary equipment oe not completed and in operation within six months after this ordinance becomes effective or if the grantee its successors or assigns shall fail or refuse to comply with any of the conditions of this grant or to perform any of the obligations herein imposed upon it or them then this f franchise ran s shall hall become null and void provided however that should necessary litigation cause delay in the commencement or completion of said water works tern tem then such time shall be deducted from the above periods section 9 this franchise is granted for the period expiring on the first day of may alay A D 1966 section 10 the said grantee further agrees 1 that all water mains and water pipes laid by tho said grantee upon any of the streets to be occupied be it shall be upon a grade to bo be established under the direction of the city council and all said pipes later als and service pipes shall be properly and securely covered and kept covered by said grantee without expense to the said city whenever it becomes necessary to open any trench or nr trenches over any of said pipe lines later als or service pipes for any pur pose all openings so made shall be properly guarded by said grantee and properly filled and amoo smoothed abed so as to make as little obstruction of the street as practicable ti said water works tern tem with all its water mains pipes laterals literals late rals and service pipes shall be constructed in a first class and workmanlike manner along any street or streets occupied by it so as to canse the least interference with public travel and in such manner as shall meet the approval of the city council of bountiful city upon all streets where said water mains laterals literals late rals or service pipes are constructed they shall immediately the said 0 grantee place the said street in as good condition and as sale safe IV e and convenient cm for public tra travel ivel after affert aft ert has constructed its said water mains laterals literals late rals service pipes as it was before the said grantee entered upon the said streets and as directed and approved by the city council section 11 the said grantee rantee f urther further agrees that whenever any of its said water mains pipes laterals literals late rals or service pipes or other necessary equipment shall inter sect cross lay upon uncover or otherwise expose any water mains pipes laterals literals late rals service ce pipes or other necessary equip ment belon belonging in to bountiful city the said excavations trenches opening or other exposures so intersecting crossing ing 0 laying upon uncovering uncovering r or otherwise exposing the said water mains pipes laterals literals late rals service pipes or other equipment of bountiful city the same shall not be covered until the same shall have been examined approved and ordered covered by the city council of bountiful city section 12 the authority cr permission hereby given to the said grantee is for a sid single sidle 0 le and only one water main or pipe to constructed maintained and operated in any street or streets occupied by it and to connect therewith and extend any and all necessary laterals literals late rals service pipes and other necessary ry connections section 13 that whenever and wherever tho the word grantee is used herein the same shall be construed to mean the west bountiful reservoir company and include the successors and assigns C of said company section 14 this ordinance shall take effect upon its first publication passed by the city council of bountiful city utah this day of april A D 1910 1916 and referred to the mayor for his approval JOS KYNASTON city recorder approved by the mayor cl cf bountiful city ut utah ab this day of april A dr 1916 RICHARD I 1 SEAL mayor attest JOS KYNASTON city recorder the vote vole on the passage of the above ordinance was as follows fellows councilman smedley Y aye councilman jardine aye councilman hardy aye councilman burns B u ans aye councilman hepworth Hepwor tb absent JOS KYNASTON city recorder |