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Show SUNDAY HERALD Sunday, January 26, 1947 FUNNY BUSINESS Legal Notices Probate and Guardianship Notices Consult County Clerk or th Re spective Signer for Further in- formation ordinance an ordinance granting grant-ing to the denver and rio grande western railroad company and wilson McCarthy and henry swan as trustees trus-tees of the property of said railroad company, com-pany, their successors and assigns, the right to- construct, operate and maintain a standard stand-ard gauge railroad spur track over and across the easterly part of second west street and over and across fourth south street in provo city, utah, to serve 'spear lumber company. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF PROVO CITY. UTAH: Section I. A franchise and risht of way is hereby granted to The Denver and Rio Grande Western Railroad Company and Wilson McCarthy and Henry Swan, as Trustees of the Property of said Railroad Company in re organization proceedings, and their and each of their successors and assigns, to construct, operate and maintain a standard gauge railroad spur track over and across the easterly part of Second West street and over and across Fourth South- Street in Provo, Utah, to serve Spear Lumber Company, the center line of said spur track being more particularly described as follows: Beginning at a point in me center of The Denver and Rio Grande Western Railroad Company's Provo Canyon Branch main track at a point approximately 150 feet south from the south line of Fourth South Street; thence northeasterly north-easterly on a turnout to the right on a curve with radius of 680.01 feet approximately 200 feet; thence continuing northeasterly on tangent to said curve 40 feet more or less to the north line of Fourth South Street at a point approximately 10 feet east of the east line of Second West Street. The location of fhe center line of said track is graphically shown in yellow upon the attached print, which is hereby made a nart of this ordinance. Section 2. During the term of this francise the grantee snail be subject to the following condi tions: (a) That said track shall be laid upon and conform to the grade of said streets and shall at all times be maintained main-tained by the grantee to conform con-form to the grade of said streets, and if said grade is afterward changed by ordinance ordin-ance of the Board of City Commissioners, the grantee shall, at its own expense, change the elevation of the track so as to conform to the same. (b) Whenever said streets where said track is constructed con-structed shall be paved, resurfaced re-surfaced or repaired, the said grantee, its successors and assigns, shall pave, resurface or repair between the rails and for a space of two (2) - feet outside of each rail, with the same kind of material used on the said streets, or with such other material as may be approved by the Board of Commissioners, and all ties shall be laid upon a concrete base of such thickness thick-ness as shall be directed by the Board of Commissioners. (c) Said track shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of .said streets upon which it is laid. (d) Provo City reserves the right to regulate and control the speed of all trains, engines and cars'operated by the grantee, its successors and assigns, upon said track. (e) If, in putting in said track, said grantee shall remove re-move or in any manner interfere in-terfere with the pavement, sidewalks, curbs or gutters on said street, it shall re- place such pavement with the same or with such other material as shall be ordered by the Board of Commissioners Commis-sioners and shall replace such sidewalks and such curbs and gutters to the satisfaction of the Board of Commissioners Commission-ers and shall" so construct the gutters that they will allow the free passage of water and be to the satisfaction of the Board of Commissioners. (f) Said grantee shall put in and maintain such crossings cross-ings over said track as shall from time to time be required by the Board of Commissioners. Commission-ers. g) Good and sufficient conduits to convey water shall be laid and maintained in good condition at the expense of said grantee in all water ditches crossed by said track so as to admit of free passage of water. Section 3. Nothing in this grant shall be so construed as to prevent Provo City or its authorized author-ized agents, or contractors, or persons or corporations to whom a franchise may have been or may hereafter be granted, from paving, sewering,, laying gas or water mains, pipes or conduits, altering, repairing, or in any manner man-ner improving said streets. Section 4. Said grantee herein, its successors and assigns, shall and by the acceptance of the privileges and franchise herein granted, and in consideration of the same doer hereby bind itself, its successors and assigns, upon its acceptance of this franchise, to save said City harmless from all suits, claims, demands and judgments whatsoever, whether in law or in equity, which shall be asserted, found or rendered in any manner whatsoever against said City for injury or damage to abutting property, personal in juries or otherwise, by reason of the granting of this franchise, or Dy reason of the construction or operation of said track and that the grantee herein, its successors and assigns, will pay the amount of any judgment, determination or adjudication which in any such suit or proceeding may be or shall be found aeainst said Provo City; provided, however, mat said grantee, its successors and assigns, shall have had notice of any such suits and an oppor tunity to appear and defend the same; and said grantee, its successors suc-cessors and assigns, shall appear in and defend all actions brought against Provo City for any injury or damage by reason of the con struction, operation or maintenance mainten-ance of said spur track. section 5. This franchise is granted for the period of fifty (50) years from and after the passage of this ordinance; provided, pro-vided, however, that if for a period of nine consecutive months during the life of this franchise said spur track is not used for tne purposes for which this franchise fran-chise is granted, or if there is a substantial abandonment of the use xt said spur track for said purposes, said franchise shall be voidable at the option of the Board of Commisisoners; and if so ordered by the Board of Commissioners, Com-missioners, said spur track shall within thirty (30) days thereafter there-after be removed and the streets restored to a condition uniform with the balance of said streets with respect to grade, materials and construction and to the satisfaction satis-faction of the Board of Commissioners. Com-missioners. In the event of the failure of said grantee to remove said track and restore said streets upon such action and within said thirty (30) days, the said work may be done by Provo City at the expense of the grantee. Section 8. Unless this Brant ana an tne terms and conditions thereof shall be accepted, in writing, writ-ing, by the grantee herein within thirty (30) days after the taking effect of this ordinance, and unless un-less such track be constructed within one year from the date of such passage, then this ordinance shall be null and void. Section 7. In the oninion nf the Board of Commissioners it is necessary to the peace, health and safety of the inhabitants of Provo City, Utah, that this ordinanrp become effective immediately. Section 8. This ordinance shall take effect upon its publication. Passed by the Board of Commissioners Com-missioners of Provo City, Utah, this 23rd day of January, 1947. (SEAL) MARK ANDERSON Mayor DORIS BULLOCK Deputy City Recorder (SEAL) STATE OF UTAH COUNTY OF UTAH ss. I, Doris Bullock, the duly chosen, qualified and acting Deputy City Recorder of Provo City, Utah County, State of Utah, do hereby certify that as such official I have the custody of the records and files of the proceedings proceed-ings of the Board of Commissioners Commission-ers of the said City: the above and foregoing is a full, true, and correct copy of an Ordinance passed by the Board of Commissioners Com-missioners of said City on the 23rd day of January. A.D., 1947 ent it led "AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY AND WILSON MCCARTHY AND HENRY SWAN AS TRUSTEES OF THE PROPERTY OF SAID RAILROAD COMPANY, THEIR SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD RAIL-ROAD SPUR TRACK OVER AND ACROSS THE EASTERLY PART OF SECOND WEST STREET AND OVER AND ACROSS FOURTH SOUTH STREET IN PROVO CITY, UTAH. TO SERVE SPEAR LUMBER COMPANYv IN WITNESS THEREOF. I have hereunto set my hand and affixed the corporate seal of said city this 23rd day of Januarv. A.D.. 1947. (SEAL) DORIS BULLOCK. Deputy City Recorder Provo City, Utah. Published in The Sundav Herald, January 26, 1947. VIC FLINT . ffift plan was to favebufoftetenerri P xne wwo 4iong the rapev?rt that he had a customer for CURARE. OKAY, MB. Hint, WHEN vryi kmmm tub oowe TH?J?"VE PL OF DELIVERY, " T THE TRAP. LOUIE , By MICHAEL CMALtEY and RALPH LANE RfcD RYDER ( 16T MS OFF HERE. I 1 (My plan mftfht hav w,t,- J 'J I WANT TO GET SOMETHIN' ) ffifficS wXlJEfS' -f,RST WTU TEND TO THE 1 V FOR TACKY THOMAS. J cCCPt for One thing. BUSINESS OF SNATCHING l ' " "My husband he got tired out before he could get to the davenporU" THIS CURIOUS WORLD SOMETIMES CATCH : A e&D&f -1 A SHORE BIRDS . V' PROBING INTO ' 'S. I SANDY BEACHES ffSZs JIA - OCCASIONALLY FIND I Y jfc V THEMSELVES TRAPPED I (( , il WHEN CONCEALED I JN C MOLWSKS SNAP I'V SHUT ON THEIR. Wjt BEAK... AND SLOW A? SsZZ DEATH ENSUES. 0Z& f WE'D trfE ea is UNCLE. JCD DOsSftfT KAKTAH&Otnr BOOTS AND HER BUDDIES M'rti B? FRED HARM AN COVOOT3 HAVE A FOCI TH!EVE5 A!D YCU VJERErT ALWAYS I WHAT5 THErtATTEK, 7 WffiWOA&u Ep Kraals "mtmr Wfm ?0!N3 AvOAY BEFORE 1 0$M fsuFOOOii toovc, 0 tStt'T B tj By EDGAR MARTIN arse WTsZxV I U U U Lfc. Y I i-asi mm. It i. t-r ORWH' RHT UP TO THt KNOWS n I KfV0 TRUCK. WTrt THt ALLEY OOP, 1 ''trains run faster than man, ttiirue " n ami vueii C..m out nc wtnwvkn incm jay D.H.REACICK, I -IS IN 3ERAAANV COCKROACHES ARE CALLED " W 9USSAA StXS. IN RUSSIA, THEVRE KNCVtH AS XVe GSATAtAA CK5. SIDE GLANCES - .. a,X.j CO, 1M7 V HtA MHVICC. IMC. T, M. mtu. fpEtAINLV I LOOK. AMOS. I'LL CHUCK IT XWfr ''-'r"- rwut I mnuic tuu uk ANY OTHER 5!ajP!Ng USE SCIENTIFIC PURIST COMES UP WITH A MORE PRACTICAL. WW ut- rstfcKINo THIS By HAMLIN OF THE TIMP- MACHINE POR TRPAAt IPC - HUNTING DOUGH-EATING LAB IN OPERATION HERE COME ALLEY AND OSCAR! lit I WASH TUBBS V WAT A WE, CUT QUITE A FIGURE WALKING DOWN ( rrP? I NEW ORLEANS' CANAL STREET INI8OT CoW l!!! 1 Aeanwhile,sows Vjr J mi BEEN HOCKING jft torwTtDwicwi . By LESLIE TURNEF "The way you tat there with your mouth open, no one would ever know vou were caotain of the debating team!" I SEE BY THE HERALD Aunt 3er crude By Bill Ruble LIFER MAKES MONEY NORFOLK, Mass. (U.R) While 3crving 22 years of a life sen tence for murder at the Norfolk prison colony. James F. Weeks. 49, has earned nearly $6,000 by making and selling plastic mo dels, sucn as children s dolls. XT. TW RaUUr CUT1, ri r- Xo-noeO lf l TlAJK tlU l HC3 I pa , i ' ' 'i f-. iiiTfrf" k it rvonci incst mx. THE BERRYS " mJXJyk 1 nwneif - - I TiUIVltUfNt I I OUT tKLIN&...YOU 5WOULBNT U I f fYH II O UASC WFI L MA OR THP RACMCTkjt- CAB, I I H I Civ fl O f rt'' ' X. -TI NOW WHATVE HAS TO KILL YOLWSELF.. WHY DIDN'T AT LEAST WASHED T MATTER OP STEPS OR THE r ' $. : S &.l4&- J V W0Z&4' " BEEN DOIN' J CLEAN THE VOL (WAIT TlL I GOT HOM. T' TK FLOWS VFACOVonY WWOOW? P-Jv 4 Xi WW 3S,T ttH HOUSE YOU I VOULOVE HELPED MDU ' V YOuVTOR -T GET TO THE ,X7 1 I P. X? P L U'L ABNER r LrETTLB TO KS'I WEST. WOTD W5 SPREAD THRU1 THt1R0fE55l0NOP BUCKV ISH 9 UOME i FOK NEEDS tecs iMIETHB 01 i KL mtiT fmnTTni ironi OSS. I TRUST V0UU STRIVE TO KEEP !l1S5.Tl?Jt!,i,i,ii,Kac,MS' SELINQ AND ARSON OOVJN TO A WNllWJWi OR rf MW STIKKV WlR.O0J r WANT A . THANK YO', LIFT, HOMEY ? ) HONEYf-ER- AH MEANS, 4 V7' f 'MISTER-.'?' I'M ALL.' WOMAN, BUB AND A YARD WIDE A'- LAST O' TH' EMERGENCV Sfc By AL CAPP -AND WHAT DOES A GIRL TRUCK DRIVER THINK OF ONI THESE LONG. LONELY NIGHTS 7- BOYS " I MAI S UNlt NATURAU ISNT IT ? NATCHERUf 171 FRECKLES AND HIS FRIENDS ((jLOOK.POPlnj A I ) r -4. Somebody elseTjmmijOOks uke is interested i wave competition.' By BLOSSER Lets 60 past tmcir house again; freckles is paving Mc 9 FOR. DOIN6 7HI5 V T j Smart kid. EM.GBDRfie i I ri' -v A isjr- I . rc. U. S. MT. Off. IS" . OUR BOARDING HOUSE MAJOR HOOPLE HEAR ABOUT TtAe UV TttNG TO SELL. MA30R? TW FELLA ASKS WHAT FOR. AMD tWURCLOTHeS Ini SO TH DOPE BUYS OMej AN GfcTS PInChGD I INDECENT EtfOSUfcBy PRAT T, PtKe SN!T tT EMOUGWTD kEEPA MAN COOLING MlS MeeLS IN THE HALL VsllTUOOT . BELABORING Hl AMlTH J BEARDED 3BESf - iNVoue dc Awn 1 CLEANSE YOUR BCAtN N BARNACLES OUT OUR WAY By WILLIAMS fZfr DOORS' WAIT RELAX V-ll H PILLOWS TILL TH HOOTIM f SO ESKIMO) I STOPS NO RAT ST ! TLE SLIT OF WILL VENTURE OUT S HAH-X FROM UNDER A SAFE Y I GARAGE IF fT SOUNDS -C& 1 LIKE A FLOwK fflfi V Of, OWLS f MOUWOLJT TOO, PIKE |