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Show A ItESOLUTION Granting a Franchise to Wm. D. Roberts and D. H. Roberts. Shction 1. fin It Resolved by the City Council of Provo tiny. That William Wil-liam D Roberts and I"). H. Roberts, their successors and assigns, have the authority and enment nf the City Council, nnd the permission Is hereby jxrmiled them, to use the water that may n:t be. put to any useful pin pose by E J. Ward & Sons lu hat. is known as the fnotnn ruci wild water to bo dlvened for tho ptirpono cf propelling machinery hy the Mild grantees from a point not lest than -ix Ineluw below the top of the headgato of 15. .1. Ward &Suni, on "II" street between Thlnt and Fourth streets of Provo City, thence running south to u point on "II" street between Second and Third streets. That said water may ho conveyed In nny manner that thesatd grantees may desire, so that said diversion shall unl In any manner Interfere with the proper un of tho said factory race or tho streets adjoining thereto. Said grantees, their successors ami assigns, covenent and ngreo to save Provo City harmless from and against any liability, loss, cost, or expense or daningo of any iiaiuio which may no-eruo no-eruo in or by reason of the construe-, tlon or op-railon of said waterway, and to Indemnify and repay said city for any hiss, cost or expense, or damage of any kind which may he sustained by loasou of any default, misconduct, account ac-count or danger, und judumcut for danlages shall bu recovered against the city, tho recovery thereof and the judgment thereof shall he final as between be-tween the said grantees, their successors suc-cessors and assigns, and conclusive us to the liability of tho latter to the city corporation. Tho construction for tho ennveyanco of tno water Is to commenco wjihm onn year after the passage of this resO' lot Ion, and said work shall bo com pleted within eighteen months after the passage of this resolution. Sua 2. That this franchise Is granted grant-ed subject to tho pleasure of the City Council, nml nothing In said grant shall be construed to the gruutlng of tho uo of t he water If the city needs or de-ires said water for its own purposes. Sec. 3. That If tho grnntees, their successors or assigns, shall fall to apply ap-ply said water to the propelling of machinery ma-chinery within eighteen months from the passage hereof or to keep and perform per-form all tho stipulations of this resolution, resolu-tion, or shall fall or rofuso to comply with all thn rule, regulations and ord-inances ord-inances of Provo City reluting to tho granting of franchises for power purposes, pur-poses, which uro now onacted or which shall hereafter be enaouul, then this franchise shall be void and of no effect. Seo. 4. If this grant, with the terms and couilltlous herein appended bo not accepted In wrltlnir by the grantees within 30 dnys after the passago of this resolution, tho same shall be void and of no effect, Pas-ed this SOlh day of February, A. U. 1800. JOHN E. BOOTH, President of tho City Council. Attest: L; L. Nelson, ( 6BAL.1 City Recorder. I, John E. Booth, President of the City Council of Provo City, Utah Cottuty, Stato of Utah, hereby certlf.' that at the p'golar session of the City Councd, held on the fith day of Murch, I A. 1. 18"u. ,no alwvo and foregoing reso uioo was passed by a two-thlrds i majority of all tho muuibors of said Council, hot withstanding the objection of the Mayor therptn. Attest: JOHN E. BOOTH, President of the City Council. ' Statf. of Utah ) Ut'ih County, Us. Provo City. ) I, L. L. Nelson, Recnttler In and for Provo City, Utah County and State nf Utah, horebycertlty that "ho foremilmr Is a 'till, hue and correct copy of a resolution granting a franchise to William Wil-liam I). Roberts and D. H. Roberts, passed by ilia City Council of Provo City, this 01 h d;iy of March, A. I). 1800. Ill testimony whereof I hnvo hereunto here-unto alllxerl the Seal of Provo City this 7th day of March. A. D. 1801). L Ii. Nelson. Chy Recorder. |