| Show articles of agreement articles of agreement gacse in duplicate and entered into by and between provo city municipal corporation by alio mayor of said city party of the first part and fitchor jones party of tho second part wit that provo city in consideration of advantages to it accruing from the covenants hereinafter set out to be eel formed by the said party of the s part doth hereby covenant and agree to and with the said party of the second part bis heirs successor and assigns as follows to wit that from the present time and until the completo expiration of fifty years from the first day of anly AD 1890 the said party of the second part his heirs successors and assign shall have and are hereby granted free of taxation by party ef the first the sole right and privilege to fur nish water to said provo city and its inhabitants and the use of streets and alleys of said city for tha purpose of laying water pipe and tho distribution of water the excavations for laying pipes when commenced ahall be completed reasonable dispatch and the streets shall bo left in as good condition as before the excavation and only such parts shall be used as are absolutely necessary and as shall be designated by the city engineer and abo pany of the first part grants to the party of the second marthis par this heirs successors and assigns tho full period of fifty years from tho first day of july 1890 under the control and direction of the city council and the same right now possessed by provo city and to the inhabitants of provo city so much of the waters of Timpa or provo as shall be required to meet the necessities of said city and its inhabitants and the said party of the second part his heirs successors and assigns shall be entitled to charge and receive for the use of i water such reasonable rates as may hereafter be fixed by the of provo city such rates always to be fixed upon a fair and living basis and said witcher jones party of the second part in consideration of the grants and privileges accorded herein by provo city promises and agrees as follows I 1 that ho will at once organize a i corporation to which the rights and privileges granted herein to him shall be assigned said corporation to be known as the provo water works company and that he will interest as such stockholders stock holders and directors of said corporation leading and reputable citizens of the city of provo II 11 that hh will immediately cause tho necessary surveys maps plans and estimates to reason abio as oon if ithe necessary pipe and materials can bo obtained proceed with the work of laying pipes and water mains and giving to the city of a first class system of water works with capacity sufficient to furnish an ample supply of water on any and lall streets respectively of provo city so far aa there may bo a reasonable demand for water on said streets III that ho will and his heirs successors or assigns shall supply and establish all the firo hydrants that said city may through its council from time to time require the samal to be located at such points as shall bo designated by the city he also agrees that he will and his successors shall in addition to water furnished for culinary domestic and fire purposes furnish sufficient water with which to ishihh abo public sowers for city buildings publia schools and grounds public fountains and water troughs parks and city squares lawns and street sprinkling and for all other municipal and private IV he agrees for himself and his successors that at the expiration of twenty years from the birst day of july 1890 the city of provo at its option shall have the right to purchase from him and his successors the franchise and tho entire system of waterworks water works constructed by himself or his heirs or successors the city of provo paying the original cost of construction with six per cent oer annum from the date of construction or in lien thereof whatever this franchise and the distributing system and works may then be worth V in case of the purchase of the franchise and system referred to in section IV on the basis of the value the of the same shall be determined as follows jones or bis pors or assigns shall select a competent engineer and provo city another in the event of their failure to agree then the two shall select a third and the determination of the majority of such board of arbitration shall bo the price paid by the city of provo and accepted by the said witcher jones or his successors whenever said amount has been determined ter mined upon by either of said methods the said city may pay the amount in cash or in six per cent bonds of the city provided said bonds are legal and valid the choice of these options as the manner of determining ter the price to be paid by the city shall be made before any arbitration tra tion VI that as rapidly as the city of shall grow in population and extent that the party of the second part and his heirs successors and as sigua shall extend the water system herein contemplated provided the extension bids fair to yield a reasonable revenue upon the investment VIII that he will complete the system of water works herein contemplated on or before the first day of may 1891 provided that this franchise shall not be forfeited by reason of failure to complete the works on the day designated unless the delay shall be occasioned by the wilful neg elect lect or default of the said party of the second part or his successors or assigns and said party of the first part i further agrees that said party of the second part and his successors shall have the power and authority to distribute and sell water throughout the city to all persons corporations or associations desiring to purchase the same and generally to have all the rights and privileges subject to the restrictions of these articles of agreement necessary to proper and successful prosecution of the business of furnishing and distributing water in provo city for all needful purposes pur poes vm and said party of the first part further covenants and agrees with the party of the second marthis par this heirs successors and assigns that it will not let demise or grant to any person company or corporation the right to establish water works the corporate limits of provo or to open any of the streets lanes or alleys of said city for the purpose of laying pipes or other ap pratus therein for conveying con ducting or distributing water from the time and until the complete expiration of fifty years from the first day of july 1890 unless the franchise shall surfeited or unless the city of 0 shall purchase pur chabe as herein plated this franchise and the waterworks water works ind cy biem created it is expressly agreed by t je parties hereto that nothing herein contained ahill be construed to limit restrict or change the present method of distribution of water for irrigation purposes within ahe city of provo or to curtail rights already acquired for such purposes it is here by further understood and agreed to by and between the parties ut prevents that the rights and privilege which by virture of these of agreement hereby are granted to the said party of the second part his heirs successors and assigns are granted upon this express condition anything herein contained to the contrary notwithstanding that if the said party of the second part his heirs successors and not well and truly keep perform and fulfill fulfil all and covenant a and agreements by him or them to be kept performed and fulfilled ful tilled accord ing to the true intent and meaning of these then und in abal case it shall ald may bo lawful fur the said party of the first lib city council to annal tle grant and thereupon the franchise granted by virtue of this agreement dball revert to ahe slid party of the first part as fully and completely as this agreement had neer been executed hoove hoo vr that before any action is taken to annul or vacate this grant or auy part thereof the said purl of the birtt through the city council cause a writing to be served upon the party of the second part his heirs successors hors or assigns which said notice shall fully specify the covenants or articles of agreement of which the said parly of the second part his heirs successors or aligns may be in default at the date of taid notice and if at the end of ninety days after the service of said notice the said party of the second part his heirs his successors or assigns shall still b in default or shall not have made satisfactory arrangements range ments with the party of the first part for the performance or fulfillment fill ment of such covenant or articles of agreement specified in said notice then and in that asae the said city council of the said prove city may annul or vacate this grant and by ordinance or resolution declare the rights and privileges granted by virtue of this agreement duly forfeited to the said party of the first part in witness of all which the said party of the first part by and through its mayor who hath been by the said party of the first part thereunto duly authorized hath hereunto nere unto subscribed its corporate name affixed its common corporate seal and in witness of all of which the sid party of the second part has hereunto set his hand and seal this the day of june AD 1890 provo city by JOHN E BOOTH mayor WITCHER JONES attest J M JESSES cita recorder Ee corder provo city utah TERRITORY OF UTAH I 1 UTAH COUNTY SS PROVO CITY I 1 JM jensen recorder in and for provo city utah county and territory of Utah hereby certify that the foregoing is a full true and correct copy of articles of agreement made in duplicate and entered into by and between provo city municipal corporation po ration by the mayor of saad city party of the first part and witcher Jonea party of the second parL Passed by the city council june A D 1890 in testimony whereof 1 I have hereunto affixed the corporate seal of provo city this ard 3rd day of july AD 1890 SEAL J M JENSEN city recorder |
