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Show AN ORDINANCE flrnntlng n Franchise to A. J. Ernns, Ednnrd Southnlck, S. L. Chlpnian, N. Jf. Ambrose, C. (J. Johnson and John F. Clark. lie It ordained by tho City Council of Pleasant drovo City, Utah County, Utah. Section I Thnt thoro Is hereby granted to A. J. Evans, Edward South-wlck, South-wlck, S. I,. Chlpman, N. M. Ambrose, C. O. Johnson nnd John F. Clnrk, their successors nnd nsslgns, tho right, privilege, pri-vilege, to erect, maintain, nnd operate n Tolcphono System upon, over, through nnd across nil tho Btrccts, lanes, nlloys, by-ways, nnd public places within tho limits of Pleasant Orovo City, Utah County, Utnh, for tho purposo of erecting nnd maintaining tho necessary poles, posts, wires, cables, lnsulntors, conduults, nnd all things ncccssnry for tho purposo of transmission lines for telephonic uses, with tho right to erect n telephone exchange ex-change or exchanges for a period of fifty (150) yenrs, subject to tho conditions condi-tions and limitations hereinafter mentioned. men-tioned. Section II Thnt all such poles, posts, wires, cables and conduits shnll bo set nnd placed under tho direction of tho City Council, or somo person appointed by themj nnd snld city reserves re-serves tho right to requlro snld grnn-tess, grnn-tess, their successors and nsslgiiB, to chnngo tho locntlon of snld poles, posts, wires, cables and conduits, nnd to compel tho snld grantees, their successors suc-cessors nnd nsslgns, to plnco their transmission lino In an underground conduit, If tho conditions of snld city shall reqlro sold transmission lino to bo so plncos underground. Section III This franchise Is granted grant-ed with the distinct undcrstnndlng thnt thoro shnll be erected, nnd perpetually per-petually maintained, what Is commonly common-ly known nst u central, or exchange. In Pleasant drove City, Utnh County, Utnh. Section IV In consideration whereof where-of tho snld A. J. Evans, Et A!., their successors and assigns, agree to allow al-low the snld city to attach, at any time, to nny of snld poles, tho City Flro Alarm and Police, 8ervlco; provided pro-vided thnt the samo Bholl bo plnced nnd mnlntnlncd so ns not to Intcrfcr with said grantees' uses, nnd under tho direction of said grantees' manager mana-ger In sold city. Section V Thnt In consideration or tho granting of this franchise tho snld A. J. Evans, ct. nl their successors nnd nsslgns, ngreo to furnish, ns soon ns tho snld oxchnngo Is cstnbllshcd nnd In operation, nnd to keep In ro-palr ro-palr without charge, throe telephones iur ireu uxcuango sorvico m snitl city nnd In Utnh County wherever their linos may opernto tho freo uso of said telephones in said county outside of Pleasant Grovo City, to bo limited to official city business. Section VI Tho said A. J. Evans et. nl, their successors and nsslgns, shnll not cut, trim, of disfigure, nny shndo troo without tho consent of tho nbut-tlng nbut-tlng property owners' provided, that In tho event of u disagreement between be-tween tho said grantees, their successors suc-cessors nnd nsslgns, nnd tho abutting proporty owners, tho mnttor shall bo determined by tho City Council. Section VII Plewsnnt Grovo City shnll In no wlso bo rcspoiiBlblo for nny nccldcnt or damago that may occur to nny person, or corporation, in tho construction or operation of such Tolophono System by ronson of tho negligence, default, or misconduct of snld grantees, their successors or ns-slgucs; ns-slgucs; or officers or agents or employees, em-ployees, nnd tho nccoptnnco of this franchlso shall bo deemed an agreement agree-ment on tho part of tho said grantees, their successors and assigns, to bovo tho city harmless from and ngaliiBt all or any manner of liability, loss, cost, expense, or dnmngo, Including counsel or attorney's fees, for any CM180 arising out of such neglegeiico, default or misconduct, or which may accrue by reuson of any accident or Injury which may occur to any person per-son or corporation by reason of tho construction or opertatlon of tho said tolophono system, nnd to Indemnify nnd repay tho city for any such loss, liability, costs, exponso or damnge, In. eluding such fees which tho city may sustain by reason of such negllgcnco dofault, misconduct, nccldcnt, or Injury, In-jury, or, If any Judgoment for dnmnges shnll bo recovered by nny person or corporation against tho city, tho recovery re-covery thereof shall bo final as between be-tween tho city, and sold grantees, their assigns and successors, and conclusive con-clusive as to tho liability of tho latter to tho former; provided, (howovor, thnt tho snld grantees, their successors success-ors and assigns, shall havo had notice, in writing of tho pendency of such notion no-tion in tlmo to nppcnr and answer tho same, nnd opportunity to Join In the defonso thereof. Section VIII Tho Bnld teJophones to bo established at such places as the said City Council mny direct during dur-ing tho life of this franchlso nnd tho operation of tho said company In tho Hnld city; nlso, to pay nil oxpenscs Incurred In-curred In connection with tho granting grant-ing of this franchise. Tho provisions of tho foregoing sections shall bo void unless nn unconditional nccoptnnco nccopt-nnco thereof bo placed on fllo In tho office of tho recorder of said city by iho sold grantees, their successors and assigns, within sixty (00) days from tho pnssago of this ordlnnnco. Section IX This ordinance shall tnku effect from nnd nfter the pnssago nnd publication. Passed by tho City Council of Pleas-nut Pleas-nut Grovo City, on this 19 dny of July, A. I). 1915. ' J. L. II.UIVEY, Muyor. Ptnio of Utah, SB County of Utnh, I Joseph Hilton City Recorder of I loasant Grovo City, Utah, do hereby certify Hint tho nbovo and foregoing Is u full, truo mid correct copy of nn ordlnnnco entitled "An Ordinance" (.ranting n franchlso to A. J. Evnns, l.ilwnrd South wick, S. l Chlpman, N. M. Ambrose, C. (!. Johnson mid John P. Chirk. Passed by the City Council rf Pleasant Grove City, I'tnli County. I tab. July 19, ltir, : anil upprouil by tup Mayor of said city this l'.uh day of Jql.v lots, ilB uppi-ur. of record In my olllvo. In witness whereof I have hereunto set my hnnd nnd affixed the corporate scnl of said city this 19th day of July, 191D. (Seal) JOSEPH HILTON, City Recorder. ! --- - ! |
