Show AN ORDINANCE AN ORDINANCE GRANTING TO TIIE THE BONNE bonneville TION DISTRICT A BOD AND A ERAN r or OP WAY T TO 0 CONSTRUCT MAINTAIN TAI KT AND OPE OPERATE RATE PIPE LINES 11 HEAD E AD GATES GATE S CANALS AND SPILL WAYS FOR I 1 IR R PURPOSES UPON AND OVER CERTAIN STREETS or OF THE CITY OF BOU BOUNTIFUL STATE OF UTAH BE BB IT ORDAINED by t the he caw COUNCIL OF bounta FUL UTA UTAH I 1 as follows SECTION 1 A franchise ir franchise anchise an ail I 1 right of w y is hereby grante grunt ci and givert given 0 the bonneville irrigation I 1 a body corporate and politic to construct maintain a id operate its canals pipe lines linea head pates gates spill pill ways and other appurtenances for a system of i in ill the said district for water for irrigation purposes it ider over along and across cert in streets and high ways situa ad within the limits of I 1 city as the same viz pipes canals etc are indicated on aliat certain map of the said Bonne bonneville lille irrigation n district on fit file fa in the office of the count county i recin recorder ader and also in the office of tha said bonneville irrigation district in said dav davis i ts county atall SECTION said grantee y 0 shall construct ke t maintain and operate said system estem of irrigation with i its s pipe ape ittes lines and canals and other necessary ii appurtenances p so as to c cause ause adi 4 unnecessary obstruction st or i to the common and use of th alief streets upon which I 1 it is lai laid d an and operated anda and la all times in t tho e con construction and q operation aeration pe ration of offlie 11 10 said system of irrigation wit withy its necessary appurtenances within fa the limits of th the ae C city y it shall sh alland and will conform to ay a ti ordinances or diAnce s rules and regulation chiq which have heretofore been or may hereafter be enacted or adopt n relation 41 to the operation opera a and maintenance tel lance of said syster f irria 0 a tion said system of irrigation with its canals and other necessary appun appurtenances tenancies ten ances thereto shall be so placed constructed and maintained as not to interfere with the safety or con vience of the traveling public or with the rights of private individuals and all said pipe lines canals head bead gates and all other appurtenances appurtenanCe 8 for said system of irrigation shall shah be covered with ore re enforced cement for the entire dista distance uce across and along all streets or it highways over which the same are arc constructed and maintained and for two feet beyond the fence lines on oil said streets to the approval and satisfaction of 0 said city council of bountiful city SECTION 3 the said grantee in the construction of the said tern of irrigation shall not in anywise interfere with the water works system water mains later als service pipes and other equipment of bountiful city or impair the water system of said city and a nd if the said grantee shall in anywise damage or injure tile the said water system of bountiful bountis city it shall immediately put the samo same back in proper repair and pay any and all damages th that it said bountiful city may sustain thereby SECTION 4 the said 0 grantee rantee further agrees that all pipes can pipe lines shall be property and securely covered and kert kept covered byj by saul grantee without expense to the said city whenever it becomes necessary to op enany trench or trenches over oer any of said pipe lines or canals canal or other necessary appurtenances ices for any purpose all opel openings litin s so made shall be properly guarded b by y said grantee and properly filled and smoothed so as to inake imke as little obstruction to the sid said city streets as practicable said ir system with all its pi pipes pe 3 pipe lines and other necessary appurtenances shall be construct ed in a first class and workmanlike manner aliner m along any street or streets occupied by it so po as t to cause the least inter interference ferene c aal with tn public travel and in such manner as shall meet the approve approval I 1 of thu the city council of bountiful city upon all streets whre said system of irrigation with its pipe lines an and d other necessary appye apper tenancies ten ances 8 are constructed the sai grantee shall immediately pl pi aw e the said street in as good e cor 0 t tanu and as a safe and coave liv 1 1 for subh puah travel after it lias in on r 1 strutted ted it ita said baid system off of 8 tion with whit it jib piew plc lines line ail and appurtenances nee 89 it was before the said g gr ce I 1 entered upon the said aid e no nn earth rock or ot otly ill that will obstruct tra trill ei l sunil it t i i e c left after in ili tt i c streets of tile the city tnt nil kill are a re piles of either ca i t I 1 i ill ali i said canals or afi pe lines line hall ha ii either be or levied down to the gurile gile of the street over along alo rig or ot under which said canals or pipe lines shall pass and as di directed retted and approved by tile the city council SECTION 5 the said grantee in in decap accenting ting I 1 I 1 this his fran franchise bise aebers that Banti bountiful ful city shall never be liable lia bleir or responsible for any accident c ij erl t injury or dama damage 0 e to per senior property that may occur byj reason of the construe construction tion or operation t of its said system if irrigation r tion canals or other D aci nci izra i gary appurtenances or by reason of the default misconduct or vv rr licence of the said grantee its successors or assign or its or their agents or employees and in this behalf the said grantee for itself and its successors or assigns agrees 0 to save a the city har harmless iless from and ana against any and all liability loss cost expense or damage of any ally kind or nature arising because of the construction or opera tion of its said system of ir birra i 0 tio tion n pipes ol 01 of other I 1 gip whether by the de ault alt misconduct or negligence gence af pf tile the said grantee its successors ir r assigns its or their agents a edits or employees or otherwise pr or which may accuro by reason of uny any accident or injury to person ortro perty during 0 such construction or operation and to indemnify and rapa the city for tiny any sich loss expense or damage of any ally kind which may be sustained by tile the city itai and to defend at its own expense upon due notice given any suit at law or in equity brought brou 0 ailt a against the city for damages or lohs loh on account ot it any arl default ault accident or injury as at af ire repaid re said and in tile event ot any recover being had there ciakis tin th eity it 11 will pay ario ano tile the augment which shall be uni final and conclusive evidence as ad i atit liability of the grantee to the city I 1 SECTION f 7 nothing in this grant contained shall be construed in any wise to affect the exercise of the police power of the city for the safety and health of the people or to impair the rights and obligations of the city its agents contractors or others tf to whom franchises f ran chases are or may be granted to do all pay ing laying of gas water sewer arother or other mains or pipes alte altering repairing or improving 0 any of the streets herein mentioned without in anywise being liable to said grantee its successors or assigns in dai damages narres 7 ther therbor for SECT SECTION ION 8 the said grantee in accept accepting in this franchise fur ther agrees that all work done in the above named streets or or either of them of said bountiful city for the purpose of carry in ing out the brov provisions inions of this fran chise shall he be do done tic and performed under the supervision of and to the approval of the city council of said city of bountiful or s suie yr officer or department as may BO designated tor for the pu purpose b the city council Q SECTION T 9 the said gr grantee antee further agrees that whenever any of its said pipes or othe sary appurtenances appurtenant ces shale intersect cross lay open uncover or otherwise expose aila any water lateral 0 11 service pains y a ins pipes kipes V pi p es or other neece ry appurtenances ten ances bel belonging origin y sio clo bountiful city the sais baid eleta excavations actions tren ches openings or other exposures so te r es eting crossing laying so pei ii otherwise exposing open u neove ringa r the sav say water mains m a pipes literals laterals late rals I 1 pipes pipe s 0 or r other equipment t 0 of f bo bountiful u n city the he sam s shall h all not be c covered ove r d until W shall have been examined adroved and ordered covered athe city council of Bountiful City SECTION 10 that whenever and wherever the word grantee is used liere iu the same shall 6 be to mean the bonne aaion district and include 40 the sois soi 1 and assigns 0 of said company SECTION 11 the rights h dereb chereb shall exist and inure to affie benefit of the said grantee lt it successors successors ail and ia assis assigns on until the ast 1st day of april A D in I 1 provided written this alli ull all ohp lud aud n abi of 1 hr 1 1 tin wd ri ni ciul ul i artt n t i the i i f 1 1 it v i afi i t el 1 th 1 ti 1 sl 1 11 II hali 11 I 1 i ia r ct 11 f 1 I 1 I 1 I ii 1 I april pl il said aid datt lie g s uit not I 1 fl teen dak cli s aar at arp r it in 4 po pi pa 0 d i re he f it landl of bountiful i icv n v utah hi I 1 alti ty day of april V L D JP 11 ad rp feared to the mayor fol foi ti AS hr I 1 J W HILL city recorder Ee corder approved by the may ir r u bountiful city utah im leui day clay of april A D 1921 L J ml IR mayor attest J W HILL city recorder the vote on the passage of aliv abo above e ordinance was a as follows councilman smedley medley ye yes un iun man smith yes oun filman rampton kampton ye yes councilman ura h ham am yes councilman rampton yes J JW W HILL city recorder 7 as S |