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Show rMtir. iu . Sinatra Throuah iiitu a a . i ith rno ivinuiar By NORA PAREDES United Press Staff Correspondent HOLLYWOOD. Sept. 9 (C) Frank Sinatra will no longer have the bobby box brigade wooning In movie theater, aisles. From "row on they'll swoon and sigh in the privacy of their own homes - fev their radioa. The voice is through with the ' movies, he announced today in no 'uncertain terms. "Pictures stink. Most of the people peo-ple in them do too." Frankie. Who is now finishing his third movie, declared in the second emancipation em-ancipation proclamation of his startling career. The big - eared crooner, whose off-key groans have earned him a jf sizeable fortune in radio and in the movies, asserted his Independ- " ence the first time when he declar- - d himself free from maestro Tom- my Dorsey, the genial gentleman . of swing . "I don't want any more movie 'Acting," the voice said in a -' strangely grumpy tone so different differ-ent from the dulcet sounds that aend millions of young females into in-to trances. "Hollywood won't believe I'm through, but they'll find out I mean it," he scowled. "The man the microphone made' said he loved radio as much as he hated pictures, and would therefore stick to his first love. No matter how much the voice r hates Hollywood and its people. 'he'll sacrifice his own feelings and 7 continue to live there. ' . "If s a good place to raise children, chil-dren, the sun and everything, you know,' Sinatra said. CXUB ENTERTAINS SPANISH FORK Members of the Athanea club entertained their husbands Thursday night at a t canyon party held at the Dream !Mine Grove. Mrs. Robert Brown, I Mrs. William Chapman and Mrs. I Orson Brown were in charge of c arrangements. There were twen- ty-five present. Announcement Starting Monday, Sept. 4 th THE F & H Steak House Will remain open every day from 8 a. m. 'till 2 a. m. Beer with meals and sandwiches. sand-wiches. BIOS 1ST BARGAIN IN AMERICA fwtn, Tri a m ph. Leader Cotta Taho Bulb. irrelou orttnent of liminiratBbow colon Muax m f ioml to flower 4 year. . UUILI WW - TAT i ttwm for fUJI pmu mad tddmi to: MKHMAN BUM CO., D4. u'yl MS Mntn An. S.W, Crawls lapidt 2, Micklgoa J XfeAHi df$il I W.f IN AMI MCA f44U 'Jjjr Danrfn.Tri on ph. Leader Kj9 Ifaod Cottat Tahp Bulb. V2I . yfr anarreloa ortment of V 1 Ml Aaminsf rainhnwmlnri tf UAX I I V if?LATCR. Bo!b reach re Mr ardarv MftC prtd. Pre brteca 999 Zi qoaiitr Wls ANNOUNCEMENT ! JESSE M. CHASE HAS MOVED TO OUR NEW LOCATION AT 50 Eo 1st No. ... riiiii jm t nr.nMi.i j Longer Seeks to . Make Fort Peck Power Available WASHINGTON. Sept 9 (HE) Sen. William Langer, R., N. D-has D-has introduced a bill to provide for disposition of electric power generated at the Fort Peck dam in Montana. "The dam Is built, the power is there, the farmers and their wives should long ago have had electric ity and power made available to them." Langer said. His bill would increase rural' electrification in the Missouri Valley area. It would provide for appointment of an administrator to dispose of power. The adminis trator would "give preference to consumers not receiving central station service." Langer told the senate he thought all power from the dam should be made available at cost. Popular Picture Starring Crosby Moves to Strand Blng Crosby is east as a priest, father 'Chuck" 0M alley, in the heart-warming picture, "Going My Way," which is now playing at the Strand. Hailed as a truly great motion picture, it also features Barry Fitzgerald, who steals the show with his characterization of Father Fath-er Fitzgibbon; Rise Steevns, opera singer: Frank McHugh, as Father ODownd; and Gene Lock hart. James Brown, and Jean Heather. The action all the way is char acterized by a display of humane qualities which tend to act upon fan's emotions, arousing laughter and tears alternately. Three of today's most popular song hits which are featured in the picture are: "Swinging on a Star," "The Day After Forever," and "Going My Way." Donald O'Connor Now At Uinta In Musical Hit Donald O'Connor and Peggy Ry an will be at the Uinta today in "Chip Off the Old Block." a lively bit of entertainment to say the least. Donald is again the irrepressible American youth, with a great capacity for fun and laughter. Miss Ryan is her same ; old slap-happy self, quipping, sing-iing, sing-iing, and dancing with the best of them. "Sherlock Holmes Faces Death." a mystery-murder melodrama, is the second feature. The exciting picture is based on a story by Sir Arthur Conari Doyle, known as the peer of detective story authors. auth-ors. Basil Rathbone portrays Holmes and Nigel Bruce is seen as Doctor Watson in the film, and the interesting p!6t Is based on a triple murder problem. RECRUITERS ARRIVE SPANISH FORK Recruiters for the Coast Guard and Spar procurement pro-curement party are now stationed at the Spanish Fork postoffice. They are seeking the enlistment of young women who are interest ed In serving their country in the nation's oldest maritime service. Where We Will Be Able to Serve Our Customers With Complete Auto Service BETTER USED CARS Sam Wilstead, Mgr. Phone 2095 Youngster, v 4 Among thousands of prisoners taken at Antwerp was this 10-year-old boy pictured here with his major white lines of captured C:mans march pa st. Signal Corps radio-telephoto. Ration Calendar BEEFSTEAKS AND ROASTS, FATS, OILS, BUTTER AND CHEESE -- Red stamp A8 through G5, ration book 4, valid indefinitely. PROCESSED FOODS Blue stamp A8 through L5, ration book 4, valid indefinitely. GASOLINE A12 gasoline stamps, good for three gallons each, valid through Sept. 21. B3. B4, C3. and C4 coupons good for five gallons. LIQUOR No. 3 for one-mtn or one pint if fifth not available; No. C, two fifths or one half gallon gal-lon wine; expires Sept. 30. No. 17 good for bonus of one fifth. Certain Cer-tain types wine, and all rum, brandies bran-dies and gins unrationed. SUGAR Stamps Nos. 30, 31 and 32 ration book 4, each valid indefinitely. Stamp No. 40 .ration book 4, for canning sugar, valid indefinitely. Spare stamp No. 37, book No. 4, good for 20 lbs. can ning sugar. See your local ration ing board. SHOES Airplane stamps 1 and 2, book 3, good indefinitely. On Jan. 1. 1944, the average age of automobiles in the U. S. was seven years. Every Aftaroeon (Excepting Saturday) and Sunday Sunday Herald Published Sunday Morning Published by tha Herald Corporation. 0 Soutb First West Street. Provo. Utah. Entered aa cecond clana matter at the poatofflce In Provo. Utah under the act of March S. 1SH. Subscription terroa by earner In Utah county, to centa the month, 14. SO for alz month. In advance; tt.60. th year, in advance; by mail anywhere In United States or ts possessions. 0 cents th. month; fi.tO for six months: IS. 60 tbe year n advmiesj 10, Found With German Prisoners - - V MILKWEED POD PROJECT PUSHED SPANISH FORK Considerable intereest is being manifested by local youngsters in the milkweed pod project, which it is asserted becomes a vital war necessity this year. In many areas in Utah county there is an abundance of milkweeds along the ditch banks and should be gathered, they will yield a goodly amount of the valuable valu-able floss. Since this product is equal to the kapok which can't be secured now. it is valuable. WHAT'S On THE AIR TODAY SUNDAY, SEPTEMBER 10 KOVO 1240 KDYL 1320 :M :1ft S:30 :4St ISons Service Vewa I IWnodshsddere tOld Vienna ICoffee Concert ISnuthland Pongs I 7:00 Rev. Crawford 7:1V 7:0'INS Program 7.-4S Munlo Nesrg lommando tNes IMelodr :OOBlbIe Claaa :1SI :3n Vewa a,: 15 Song Service 9 mi Rev. E. Zoller Naws 0:1V IHarmony Time ft ::m: Voice ef Prophecy Meet the stars 0:45 INews and Must IO:Ai Reviewing; Stand I Music for Sunday inill Agee lft:l.V I 10:10 Muslo 10:45 Prophecy IStradlvarl Muslo 'Music Box I r 11 :AO Stanley Dixon II :t.VKentucy 11:1ft For Information 11 :4.V News IMuiilral Show IRound Table I 11:00 Sky Rldara : Learning News 1-!:1.V 1i:30 Billy Rogers IJohn C. Thomas Psva Rose It:!' INawa 1:00 News (World Parade 1:1.-Fa miliar Muslo 1 :no Mystery Traveler lArmy Hour 1 :4.V I 2:00 Lutheran Hour r:ISI I ?:.10 Roesty, AAF IMusIa t:4.V t I:0O N l 3:15 3:30 True Detective I:15 iSymphny 4:00 Quirk aa a Plash iNewa IHatl of Fame 'Silver Theater 4:151 (Albert Shepherd I I 4:Si Merry Co Round lsrveth 'V1I I America la Air 1:1.1 Pl'k Bronn 'Adrertiflng j .:o Jospcl Hour ft::so w - 5:15' .Hit Parade I (Bandwagon I 0:00 Mediation Board :15 A: .101 ft :1S Gabriel H setter ICharlle McCarthy .'ohn Sinclair IMuale Portraits One Man's Family IKeepaakea I I 7:00 Walter Hampden 7:1.11 7: '.0 Name the Sons 7:15! f 8:iio r-edrie Feter Goodwill Hour B:.-!0 :IS . Hour of Charm Gleaaon Show I 9:00 Concert Hour :!-.: 0:30 At HoagJ S :45! (Glldersleeve (Music Fashions ll'tah Man 10:00 News. Orchestra N'awa 10:13 Music. Meditation IWar Town io::io Church of Air icatnoiio Hour 10: 1 3 1 1 :00 I.se Caatle 11:13 tl:30;carl Ravaxia II -.ty l.!:00 II:1S !:( i::4S ISt. Francis af i (Muslo at Newe Night MONDAY, SEPTEMBER 11 :M IRIdln' the Range Tlme 'n Tunes INews fl:ISi IRendetvona :.10IN8 Prosram IVewg INewg ICoffae Clu :I3 Morning Serenade ISouth ef Border 7:00 Arthur Gaeth Mirth. Madnasa 7:13; Livestock Report Tunefu Times l;3N.wi (Newa 7:43 Muslo Hit Revue 11:00 Lucky Telephone 0:131 :30!Shad7 Valley 0:43 0:00' Arthur Gaeth Koad of Life 0:13tTandy Man Vlc and Sade 0:SO'Muslrsl Memorlea Star Playhouse 0:43Serensde I David Hirtitn 10:00 Bosks Carter IO:IS'Musle Mlzera IO:30Band I0:4S Voice of Nation Glamour Manor I.arry Smith IMemorable Muslo (Crosby Show Nana INews II :0ft1 Names In News 11:13' Jack Berch 1 1 :30 Farm Program ll:45)Voinen's Jury ITIn Tan Ally I Famooa Muslo Art Baker l?:O0 Tony Pastor Guldlng Light I Herman Wilson IJamea Petersen 17:13 Parade of stare Today's Children Musical Library IJoyce Jordan 11:30 Csdrlo Foster IWomen In White IF rank Mclntyre Dr. Malone IJ:tSSp and Sell (Hymna 'Judy and Jane IFarm Forum 1:00; Morton Downey l:13;Two Keyboards t -.HO Real Life Stories 1 :43 No atlme 2:00 Shall We Walts !:13'Johnaon Family 1:3 Zeb Carver t:43 I Backstage Wife IStella Dallas ILorenxo Jones IWIdfler Hrown 3:00' News, Musio S:15 Chick Csrter S:30 Request Hour 3:45 l:M i'tah Newa 4:15Treasury Salute 4:30 Merry Go Hound 4:431 ('ewa ITIme Out (Rhapsody I Tea Uansante 5:00Kuiton Lewis Jr. 5:13 Superman 5:SOTom Mix 5:45Th Jester (Dr. Kate INews txu Holts I Texas Ranger . , - , I ......... wwMrjSM) - (NEA Radio-TeUnhoto) AMATEUR SLEUTH TRACKS DOWN CAB NEW BEDFORD, Mass. (CP) Here's one amateur detective who can beat the police at their own game. When someone stole Randall F. Mendell's automobile, he didn't just report the theft to the police He went out sleuthing too and found his car before the law had discovered it. One out of every four cars In use Jan. 1, 1944, was 10 years old or older. KUTA 870 KSL 1160 INawa IQuartat IMaurtce Bream !Burl te IVewe Mary lOn a Sua I INawa IE. Power Bltra I IVelree In Son IBlble Highlights Morning Melodies Church of Air I I ISalate to Hlta (Church, of Christ lOver Jordan l-mrch of Air I I Voice of Prophecy INawa I INaval Choir lome Worship IRsllglous Service I IMelodles (Tabernacle Choir 'Trails Tavern I ITransatlsnUs .Tohn H Kennedy Church of Air IRhythm Ranilevu ISimmv Kayo IVewe IT.. Plows IMelody Pictures 1 Dangerously News I ll.lsten Women 'Symphony I I IShades of Blue I I (Darts for Dough Symphony I I I World of Song; I I Pa use. Refresh Small Revue I lllot Copy t IFamlly Hour I vTm. Shlrer IHrew Pearson lon Gardiner IQuix Kid I I Report to Nation I (Vesper Service 'Man Hunt IBlondle I ! Ports ef Metody IWar H Merry Go Round Walter Wtnchell I Radio Digest Basin Street , American Album I (Star Theater IJImmy Fldler TJfe ef Riley (Take or Leave It I I Keeping Up 3arr Kavuo I I IGreenflelrt rholr INewa I.Tohn Sinclair Uoa. F .Smith I Revival I IMedltatlen IStrlns Ensemble Jremple Square (News IFrsddle Martin INewa IMuslo Tou Want ISympbony (Mary A. Mercer I I IPaclflo Story Muslo j I I I "isle IQoodnlfbt I 'Goodnight I Breakfast Club INewa j IHarry Clark j Tawn Patrol ( INewa ll.ora Lawton I Frank Mclntyre IMalody Caravan Robt. St. John ICorn's a Poppln' ) IRaveltle Roundup I A hbe Observes j (Morning Matinee (Trade Tavern IN'ews At Sard To ITete-a.Tete IOII Martyn Quartermaster IPatty Jean (Aunt Jenny iKate Pralth Blg Sister I Helen Trent lOur Gal Sunday Ratikhage Talks ll.lfe Can Bo Teaterday'a Hits Ma Perkins IMi True Story IB. Flynrl (Aunt Jemima litis Goldberga I America Woman Morton Downey IMary Marlin Ma Perkins jstar Time (Irene Beaaley IPepper Toung IKIernan's Corner 'Bright Hortxon IHapplness (Melody Bouquet IBacherlnr'a Child ! Betty Lane I Music Matinee INewa 'Melodies (Changing World I Bob Anderson IVallant Lady ILtght of World Oirl Marries IKough Riders Marllyn Day iLove and Learn 8lesta Rhythm IJust Plain Bill Bill Age 8hould Be Fun IFront Farrell I.Sanis me Tun jwtldernesa Road IPance ,Ttme IHerman Wilson Dlcl Tra-y Sea Hound IQulncy How II. yn Murry IJerl Sullivan I World Today ITcrry. Pirates IKorn Kobblers Hop Harrlgan (Portia Face Life IJarJi Armstrong -News (Bill Age ISeldler ef Brief Filed In Polygamy Cases SALT LAKE CITY. Sept 8 UE Preparing for a battle against Utah's polygamy practicing fundamentalists fun-damentalists in the state supreme court nest Tuesday, the attorney general's office today had filed a comprehensive brief on the subject. sub-ject. , The document was filed in answer an-swer to a 45-page brief filed several sev-eral weeks ago by defense attorneys attor-neys on an appeal of 15 fundamentalists funda-mentalists convicted -of illegal cohabitation co-habitation with a total of 55 plural plur-al wives. The attorney general took issue with the defense contention that "cohabit" does not imply any unlawful un-lawful action and that evidence Legal notices Probate and Guardianship Notices Consult County Clerk or ths Respective Signers (or Fur trier Information. NOTICE OF INTENTION Notice is hereby given by the Board of Commissioners of Frovo City. Utah, of the intention of said Board to make the following described improvements and to levy special taxes to pay for the sarnt, to-wit: To excavate, gravel and pave with 14 inches of bituminous con crete with seal coat on the fol lowing streets: Eighth East Street between Third North and Eighth North Streets, Sixth North Street be tween Seventh and Ninth East Streets; "D" Street between Seventh Sev-enth East and Ninth East Streets; Seventh North Street between Seventh East and Eighth and one-half East Street; Royal Circle in Plat B, Menlove Subdivision; and Timp Way in Timpanogos Vil lage. The said proposed improvement shall be designated as Street Pav ing District No. 34. Eighth East Street between Third North and Seventh North Streets and Sixth North Street between Seventh and Ninth East Streets 44 feet wide. The abutter's portion of said cost is estimated at $3.37 per front foot. "D" Street between Seventh East and Ninth East Streets 34 feet wide. The abutter's portion of said cost is estimated at $2.54 per front foot. Seventh North Street between Seventh and Eighth and one-half East Streets 48 feet wide. The abutter's portion of said cost is estimated at (3.39 per front foot. Royal Circle in Plat B. Menlove Subdivision 34 feet wide. The abbuter's portion of said cost is estimated at $2.47 per front foot. Eighth East Street within Tim panogos Village 38 feet wide. The abutter's portion of said cost is estimated at $3.10 per front foot. Timp Way between Seventh East and Eighth East Streets 28 feet wide. The abutter's portion of said cost is estimated at $2.26 per front foot. The abutter's portion of the cost and expense of said improvement will be paid for by special local assessments on all lots, parcels and pieces of ground within said Street Paving District No. 34. A 35-foot reduction will be allowed in frontage on corner lots where pavement is laid on both sides of said corner lots. All protests and objections to the carrying out of such intention inten-tion must be presented in writing, stating lot and block numbers or description of property by metes and bounds to the City Recorder Re-corder on or before the 18th day of September, 1944, at 5 p. m. The Board of Commissioners will meet at its regular meeting place on the 19th day of September, Septem-ber, 1944, at 10 a. m. to hear and consider such protests and objections objec-tions to said improvements as shall have been made. By order of the Board of Commissioners Com-missioners of Provo City, Utah. Dated this 3rd day of Aug., 194. I. G. BENCH, City Recorder. Published in The Sunday Herald August 27, September 3, 10, 17, 1944. NOTICE OF INTENTION Notice is hereby given by the Board of Commissioners of Provo City, Utah, of the mention of said Board to make the following described improvements and to levy special taxes to pay for the same, to-wit: To grade and pave with four-inch four-inch thickness of cement concrete four feet wide on the following sidewalks in Provo City, Utah: Center Street South side between be-tween Ninth and Eleventh West Streets. Third South Both sides between be-tween Ninth and Tenth West Streets. Fifth South South side between be-tween Fifth and Eighth West Streets. Fifth South Both sides between Ninth and Tenth West Streets. First North South side between be-tween Fifth and Sixth West Streets. North side between Eleventh and Twelfth West Streets. Third North Both sides be' tween Ninth and Tenth West Streets. Fourth North South side be tween Eighth and Ninth West Streets. Second West East side between Center Street and Second South Streets. Seventh West West side between be-tween Fifth and Sixth South Streets. Ninth West East side between Third and Sixth South Streets. Tenth West East side between Second South and Fourth North Streets. West side between Sec ond Nbrth and Fourth North Streets. Eleventh West East side be tween Center Street and Second North Street. The proposed improvement shall be known as Sidewalk District No. , cubmitted did not show a violation viola-tion of the Utah statute prohibiting prohibi-ting "unlawful cohabitation." Meanwhile, 32 fundamentalists were preparing to appear next Friday in the third district court for trial in a charge of conspiring to teach and practice polygamy. Nine other defendants were preparing pre-paring for action in the 10th cir cuit court of appeals in Denver where they have filed appeals of their convictions for Mann Act and Lindberg kidnaping act vi olations. An old counrty "cure for toothache tooth-ache was the smoking of henbane seeds. 17 and will be constructed according accord-ing to plans and specifications on file in the office of the City En gineer. The total estimated cost of the improvement is $1.69 per linear foot of property fronting upon the improvement. The cost and expense of making said Improvement Im-provement will be paid for by spe cial local assessments on all lots. parcels and pieces of ground with in Sidewalk District No. 17. All protests and objections to the carrying out of such intention must be presented in writing stating stat-ing lot and block numbers to the City Recorder on or before the 11th day of September. 1944. at 5 p. m. The Board of Commissioners will meet at its regular meeting place on the 12th day of September, Septem-ber, 1944, at 10 a. m. to hear and consider such protests and objec tions to said Improvements as shall have been made. By order of the Board of Com missioners of Provo city. Dated this 14th day of Aug.. 1944. X. G. BENCH. City Recorder. Published in The Sunday Herald Aug. 20. 27, Sept. 3, 10. 194. NOTICE OF INTENTION Notice is hereby given by the Board of Commissioners of Provo City. Utah, of the intention of said Board to make the following described improvements and to levy special taxes to pay for the same, to-wit: To excavate and grade with inches of gravel and pave with 1H inches bituminous concrete with seal coat, 34 feet wide on the fol lowing streets: Eleventh North Street between Third West and Fifth West Streets. Clark Avenue between Third West Street and Fourth West Street. Fourth West Street between Clark Avenue and Eleventh North Street. The said proposed Improvement shall be designated as Street Pav- insr District No. 32. The abutter's portion of said cost is estimated at 2.11 per front foot. The abutter's portion of the cost and expense of said Improvement will be paid for by special local assessments on all lots, parcels and pieces of ground within said Street Paving District No. sz. A 35-foot reduction will be allowed in frontage on corner lot where pavement is laid on both sides of the said corner lot. All protests and objections to the carrying out of sucn intention must be presented in writing, stating lot and block numbers or description of property by metes and bounds to the City Recorder on or before the 11th day of Sep tember. 1944. at 5 p. m. The Board of Commissioners will meet at its regular meeting place on the 12th day of Septem ber, 1944, at 10 a. m. to hear and consider such protests and otojee tions to said improvements ai shall have been made. By order of the Board of Com missioners of Provo city, Ulan. Dated this 14th day of Aug 1944. I. G. BENCH, City Recorder. Published in The Sunday Herald August 20, 27, September 3, 10, 1944. NOTICE OF INTENTION Notice is hereby given by the Board of Commissioners of Provo City. Utah, of the intention of said Board to make the following described de-scribed improvements and to levy special taxes to pay for the same to-wit: To pave with 1 Inches of bi tuminous concrete with seal coat on the following .treets within the North Park Subdivision: Eighth North Street, Fourth West Street, Haws Avenue and Clark Avenue, Third West Street and Pioneer and Columbia Circles The total cost of said Improve-ment Improve-ment is estimated at $7,792.50. The said proposed Improvement ahall be designated as street rav ins: District No. S3. Eighth North Street from Fifth West Street to Clark Avenue is 46 feet wide. The Abutter's portion of said cost is estimated at $1.62 per front foot. Fourth West Street. Haws Av enue and Clark Avenue within the North Park Subdivision are 84 feet wide. The abutter's portion of said cost is estimated at $140 per front foot. Third West Street within the North Park Subdivision is 36 feet wide. The abutter's portion of said cost is estimated at $1.20 per front foot. Columbia and Pioneer Circles within North Park Subdivision are 26 feet wide. The abutter's portion of said cost is estimated at $0.80 per front foot The abutter's portion of the cost and expense of said improve ment will te paid ror oy special local assessments on all lots, par cels and pieces of ground within said street Paving District no. 33. A 35-foot reduction will be allowed al-lowed in frontage on comer lot where pavement is laid on both sides of the said corner lot. All protests and objections to the carrying out of such intention must be presented in writing, stating stat-ing lot and block numbers or de scription of property by metes and Bounds to the city Recorder on Dose of Poison Fatal to Woman SALT LAKE CITY, Sept 9 CD Mrs. Helen Youngberg Macin tosh, 47, U. S. Bureau of Mines librarian, died Friday of what de tective J. Ross Hunsaker said wss self -administered poison. Mrs. Macintosh died at the home of Fisher Harris, ppomient Salt Lake City attorney and Metropolitan water district counselor. She had been living with the Harris family fam-ily since the death of her father three months ago. Polaroid windows in postwar airliners will protect passengers' eyes from sun glare. or before the 11th day of Septem ber, 1.4, at 5 p. m. The Board of commissioners will meet at its regular meeting place on the 12th day of September. Septem-ber. 1944. at 10 a. m. to hear and consider such protests and objec tions to said improvements as shall have been made. By order of the Board of Commissioners Com-missioners of Provo City. Utah. Dated this 14th day of Aug, 1144. I. G. BENCH. City Recorder. Published In The Sunday Herald Aug. 20, 27, Sept. 3, 10. 1944 AN ORDINANCE AN ORDINANCE GRANBING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD RAIL-ROAD COMPANY, ITS TRUSTEES, TRUS-TEES, SUCCESSORS AND ASSIGNS, AS-SIGNS, A FRANCHISE AND RIGHT OF WAY TO CONSTRUCT CON-STRUCT AND OPERATE A STANDARD GAUGE RAILROAD PASSING TRACK ON AND ACROSS A CERTAIN ROAD. STREET OR PUBLIC HIGHWAY IN SECTION 16. TOWNSHIP 5 SOUTH, RANGE 1 EAST. SALT LAKE BASE AND MERIDIAN, UTAH COUNTY. UTAH. THE BOARD OF COUNTY COMMISSIONERS OF UTAH COUNTY. STATE OF UTAH, ORDAINS OR-DAINS AS FOLLOWS: Section 1. A franchise and right of way is hereby given and granted grant-ed to The Denver and Rio Grande Western Railroad Company and Wilson McCarty and Henry Swan as Trustees of said Railroad Company Com-pany appointed in reorganization proceedings under Section 77 of Chapter VIII of the Federal Bankruptcy Bank-ruptcy Act as amended, their and each of their successors and assigns, as-signs, to lay. construct and operate oper-ate a standard gauge railroad passing track over and across that certain road, street or public highway high-way running northerly and southerly south-erly through Section 16, Township S South. Range 1 East, Salt Lake Base and Meridian, Utah County. Utah, more particularly described as follows: A standard gauge railroad passing track extending in an easterly and westerly direction and crossing the northerly and southerly public county road located at a point being D&RGWRR Mile Post 715 plus 2054 feet in the southeast south-east quarter of Section 16, Township 5 South, Range 1 East, Utah County, Utah, at a point approximately 700 feet west and 125 feet north-from the southeast comer of said Section 16, or approximately 500 feet northwesterly along the center line of the present D&RGWRR main track from its intersection with the south line of said Section 16, all as shown in yellow on the hereunto attached print. Section 2. During the term of this franchise the grantee shall be subject to the following condi tions: (a) Said passing track shall be laid upon and conform con-form to the established grade of said road, street or highway. high-way. (b) Said grantee shall put in and maintain such crossings over said passing track as shall from time to time be required re-quired by the Board of County Coun-ty Commissioners. (c) Said passing track shall be laid and the railroad operated oper-ated so as to cause no unnecessary un-necessary impediment to the common and ordinary use of said road, street or highway upon which it is laid; and said grantee shall at all times gravel between the rails and for a space of two feet outside of each rail in a manner man-ner satisfactory to the Board of County Commissioners. (d) Good and sufficient pipes to convey water snail be laid and maintained in good condition at the expense of grantee in all water ditches crossed by said passing track so as to admit of free passage of water. Section 3. Nothing in this grant ami aa 11 Wsk asst. a at- MtaVl e a t . TT-AtSnr the Board of County Commis sioners or its authorized agents from paving, sewering, laying wa altering, repairing or in any man ments shall be made with as little injury as practicable to said p VI. Section 4. This franchise errant d for a Tjeriod of fiftv vears from and after the nassaee of this ordinance. terms and conditions thereof - n r aa uriT run nin v iih via m I its the passage of this ordinance otherwise the same shall be void and of no effect. Passed by the Board of County Commissioners of Utah County J Utah, this 23th day of AugustJ 1844, with all of said Commission-! era, to wit. Sylvan W. ClarkJ William J. Johnson and Royal JJ Murdock, voting for the passage of same. ROYAL J. MURDOCK Chairman of said Board or County Commissioners ATTEST: C A. GRANT County Clerk (SEAL) Published in The Dally and; Sunday Herald Sept 7, 8, 10, 11J 12, 13, 1944. |