Show granting ii Frau chiss to warren N SECTION 1 bo it resolved by the city council of provo city that the right be end is hereby granted to warren N dusenburry Dusen borry his heirs and assigns for the term of fifty years to convoy water from provo river city and factory races to be used for the of operating a water power located on the southwest quarter of block forty six 46 plat A provo city survey of build ins lots SEC 2 that the right is hereby granted to the said warren N dusenberry en his heirs and assigns to use and occupy the east side of H street not to exceed one and one half rods in width beginning at the south side of seventh street and extending south along said H street to a point twelve 12 rods south from the north of block twenty one 21 plat A provo city survey of building lots for the purpose of constructing the necessary blumes flumes and embankments also to excavate for the necessary tail race in the constructing ting and operating of the aforesaid water power SEC 3 that the said grantee his heirs and assigns shall make and keep in constant repair all the feces sary bridges within tho limits of the i aforesaid grant when ordered by the city council ho shall protect all blumes flumes and embankments in the manner directed by the city council and shall cover the tail race from the water power side of fifth 5 street to the south side of fourth 4 street in the manner directed by the city council and shall keep the sime in good repair and if the said grantee shall fail to malce any of the improvements herein provided for the city council may order said improvements prove ments to be made and may recover the cost from said grantee SEC 4 that the said grantee his heirs and assigns shall pay all actual damages resulting from the ing or operating of the aforesaid water power or from his failure or neglect to lenorm any of the conditions of this grant SEC 5 that the said grantee shall pay to provo city such water tax as may be by ordinance provided and shall pay all expenses incurred through enlarging or repairing said races for his use and benefit SEC 6 that the rights and privileges herein granted are upon the express condition that the said varron N dusenberry lis heirs and assigns will pay all damages resulting from the exercise of any of said rights and privileges and that he will commence the construction of the aforesaid water power within two years after the dato of the acceptance of this grant said acceptance to be in writing and filed with the city ee corder within thirty days after the pas bassage of this grant by the city coi bouncil passed april ast 1st A D 1889 H mayor of prove city attest J J city recorder Ee corder OF UTAH UTAH COUNTY ss provo city I 1 J J fuller recorder in and for provo city utah county territory of utah hereby certify that the foregoing is a full true and correct copy of A resolution granting a franchise to warren N dusenberry passed by the city council of provo city april ast 1st A D 1889 in testimony whereof I 1 have hereunto affixed the corporate g p day of april A D 1889 J J FULLER city recorder Ee corder |