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Show A IIES0LUTI0N Granting ra Franchise to Wm., D. Roberts and D. H. Roberts. Section 1. B It Resolved by tho City Council of Provo Oily, That William Wil-liam D. Roberts aud D. II. Roberts, their successors and assigns, have the authority and consent of the City Council, and the permission Is liorchy granted them, to use i(ic water that may not bu put to any useful purpnse by E J. Ward & Sons in what Is known as tho factory race, Mild water to be dHuned for tho purpose of propelling machinery by the Mild grantees from point not less than fix Inches below l ho top of the heailgnto of E.J. Ward &Sons, on "II" street boiweeo fL'hlid and Fourth streets of Provo City, thence running south to u point on "H" street between Second aud Third streeis." That said water may bo conveyed In any manner that the said grantees may desire, so that said diversion shall uot Iu any milliner interfere with the proper use of tho said factory racu or thu streets adjolulug thereto. Said grantees, their successors and assigns, covenant ami agtco to save Provo City harmless from and against any liability, loss, cost, or exponso or damage of any nuuiro- which may accrue ac-crue in orjiyjreason of thu construction construc-tion or operation of said waterway, and lo Indemnify and repay said city for any .lops, cost or expense, or damage of any; kind which may bo sustained by reason' of any default, misconduct, ac- cideut or danger, and Judgment foij damages shall bo recovered against tlyi oily, the recovery thereof and thp judgment thereof shall lie llual as be. tweed tho said grantees, their suj.i cessorsmid assigns, and conclusive i'U to the liability of tho latter to the cl'y corporation. The construction for the convoyanJoo of tlio water Is to coniuieuco wltjun one year after tho passage 'of this resolution, reso-lution, and said work shall bu cjpiu-plcled cjpiu-plcled within eighteen months aj'iur the passage of this resolution. , Snc. 2. That this franchise Isgra'tat-ed Isgra'tat-ed subject to the pleasure of tho Clity Council, aud nothing In said graW shall be construed to the granting ht thu use of the water if tho cliy needor desires said water for Us own purposes. Sue. 3. That if the grantees, pulr successors or assigns, ohall fall Uh apply ap-ply said water to tile propelling machinery ma-chinery within eighteen moult wVroin the passage horeof ifr to Ueeaek sipor-form sipor-form all the stipulations ofd iirospYilu-Hon, iirospYilu-Hon, or shall fall or'refuf SHverply with all the rules. reSnhdy. II Is Vrd-Ituinces Vrd-Ituinces of Provo Clival Mining rtho granting of frnuchlse'iit'd by Purposes, Pur-poses, which are nowjtwt the veliiJch shall hereafter buf5"Kt inupcriy his franchise shnll be -'i-'hN ebeerftt. Sec. 4.-Ifthljp ufliabur ufPiolis 1 and conditions m y i A v Accepted I,, wrltlnu hy (R. praVtfei wlllifn JO day after the jiasJiige flfffils resoliuliiii. the same shall bovuld id r no vltHtsL i Pas-cd this soih day ,,f Fobruiiri; A. 1). igSO. ' ' . JOHN E. UOOTHif.: President of the City Council.- 1 Atlesti L. 1, Nm.son, skai.,1 City U corder. j , . 1, John R. nooth, PieMdeiit of tno City Coonell f I'nivo City. Utah County, State of Utah, hereby certify that at the rtolarsi'ssl .ii or the City Gounod, huld on ihu (1th day of March, A. 1). 180U, thu uhovu and foregoing resolution was parsed by a Iwo'ihlnls majority of nil ih,i mitoibers of saltl Council, not wlthsiiindlng the objections of tho Mayor thereto. Attest: JOHN E. P.OOTH, President of the City Council. Statu or Utah ) Ut ih County, Js. I'rovo Chy. ) I, L. L. Nelson, Itrcnider In and for Piov.i City. Utah County and Stale of Utah, hereby ct-rtlty that . he foregoing Is a (nil, liuo aud correct copy of a resolution granting a franchise to Wll-lam Wll-lam D, Hoburls and D. It. Roberts. pnsed by tho City Council of Provo City, this Glh day of March, A. D. 1800, In testimony whereof I havo hereunto here-unto alllxed ihu Seal of Provo CUy this 7lh'day of March. A. D. 1800. L. L. Newon. City Recorder. |