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Show SUNDAY HERALD Legal Notices Probate and Guardianship Notices Consult County Clerk or the Respective Re-spective Signers to. Further in formation ordinance an ordinance granting grant-ing to the denver and rio grande western railroad company and wilson McCarthy and-henry 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 1. A franchise and right 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 reorganization re-organization proceedings. and their nd each of their successors and assigns, io 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 the center of The Denver and Rip 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 Tine of Second West Street. The location of the center line jf said track is graphically shown in yellow upon the attached print, which is hereby made a aart of this ordinance. Section 2. During the term of :his francise the grantee shall be lubject' to the following condi-ions: condi-ions: (a) That said track shall be laid upon and conform to the grade of said streets and shall at all times re 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 confonn 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 anjd 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 replace 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 repl re 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 rant shall be so construed as to; revent Provo City or its author-zed author-zed agents, or contractors, or' THE BERRYS M.MAY V- SJl MAYI&O f L Ei 1 I WOULD YOU I MRS. BERRY I W 1 ZSJ?JF r ( NO! 72eI? ' f J MIND TELLING J V YOU CAN JUST ASKED YOU J CfHf MES ) a HOUSE P f ( NO I ME WHAT I STOP A CIVILIZED Z-U fmS J 0 Sunday, February 2, 1947 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 does 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 injuries in-juries or otherwise, by reason of the granting of this franchise, or by 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 against said Provo City: provided, however, that said grantee, its successors and assigns, shall have had notice of any such suits and an opportunity 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 construction, 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 the purposes for which this franchise fran-chise is granted, or if there is a substantial abandonment of the use of 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. i Section 6. Unless this grant and all the 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 opinion of the Board of Commissioners it is necessary to the peace, health and safety of the inhabitants of Provo City, Utah, that this ordinance 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. MARK ANDERSON Mayor DORIS BULLOCK Deputy City Recorder (SEAL) Published in The Sunday Herald Her-ald February 2, 1947. 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 succfssors and assigns. the right to construct. operate op-erate and maintain a standard gauge railroad rail-road spur track over and across the south 35 feet of fifth south street between fifth west street and sixth west street in provo city, utah, to serve dixon, taylor, russell furniture company. be it ordained by the board of commissioners of provo city, utah: SECTION 1. A franchise and right of way is hereby granted to The Denver and Rio Grande Western Railroad Comppny and Wilson McCarthy and Henry Swan, as Trustees of the property of said Railroad Company, in reorganization 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 south 35 feet of Fifth South Street between Fifth West Street and Sixth West Street in Provo City, Utah, to serve Dixon, Taylor, Russell Furniture Company, Com-pany, the center line of said spur track being more particularly described de-scribed as follows: Beginning in the center line of existing track of The Denver Den-ver and Rio Grande Western Railroad in Fifth South Street at the point of intersection inter-section of said center line with the east line of Sixth FUNNY tall? 7 - 'It's one of those efficiency apartments by the time we srot our furniture in we'couldn't open the door!" West Street; thence in a southeasterly direction on a turnout to the right on a curve with radius of 193.19 feet about 72.5 feet; thence continuing southeasterly on tangent to said curve 18 feet; thence continuing southeasterly southeast-erly .on a curve to the left with radius of 193.19 feet about 34.5 feet to the south line of Fifth South Street at a point above 125 feet east from the east line of Sixth West Street. The location of the center line of said track is graphically shown in yellow upon the attached print, which is hereby made a part of this ordinance. SECTION 2. During the term of this franchise the grantee shall be subject to the following conditions: con-ditions: (a) That said track shall be laid upon and conform to the grade of said streets and shall at all times be maintained by the grantee to conform to the grade of said streets, and if said grade is afterward changed by ordinance of the Board of Commissioners, Commission-ers, the grantee shall, at its own expense, change the elevation ele-vation of the track to conform con-form to the same. (b) Whenever said streets where said track is constructed construct-ed shall be paved, resurfaced or repaired, the said grantee, its successors and assigns, shall pave, resurface or repair re-pair between the rails and for a space of two (2) feet outside out-side each rail with the same kind of material used on the said streets, or with such other material as may be approved ap-proved by the Board of Commissioners, Com-missioners, and all ties shall be laid upon a concrete base of such thickness 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 im-pediment to the common and ordinary use of said streets upon which it is laid. (d) Provo City reserves the right to regulate and control con-trol 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 paver tent, sidewalks, curbs or gutters on said street, it shall replace such pavement with the same or with such other material as shall be ordered by the Board of Commissioners and shall replace such sidewalks and such curbs and gutters to the satisfaction of the Board of Commissioners 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 re-quired by the Board of Commissioners. Com-missioners. (g) Good and sufficient conduits to convey water shall be laid and maintained in good condition at the expense ex-pense 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 per-sons or corporations to whom a franchise may have been or may hereafter be granted, from paying, pay-ing, sewering, laying gas or water wa-ter mains, pipes or conduits, altering, alt-ering, repairing, or in any manner man-ner improving said streets. SECTION 4. Said grantee herein, here-in, its successors and assigns shall and by the acceptance of the privileges priv-ileges and franchise herein granted, grant-ed, and in consideration of the same does hereby bind itself, its successors and assigns, upon its acceptance of this franchise, to save said City harmless from all BUSINESS suits, claims, demands and judg ments whatsoever, whether in law or in equity, which shall be asserted, as-serted, found or rendered in any manner whatsoever against said City for injury or damage to abutting property, personal injuries in-juries or otherwise, by reason of the granting of this franchise, or by 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 against said Provo City; provided, however, that said grantee, its successors and assigns, as-signs, shall have had notice of any such suits and an opportunity to appear and defend the same; and said grantee, its successors and assigns, shall appear in and defend de-fend all actions brought against Provo City for any injury or damage by reason of the construction, con-struction, operation or maintenance main-tenance of said spur track. SECTION 5. This franchise is granted for the period of fifty (50) years from and alter 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 the purposes for which this franchise fran-chise is granted, or if there is a substantial abandonment of the use of said spur track for said purposes, said franchise shall be voidable at the option of the Board of Commissioners; and if so ordered by the Board of Commissioners: Com-missioners: said spur track shall within thirty (30) days thereafter be removed and the streets restored to a .condition .condi-tion uniform with the balance of said streets with respect to grade, materials and construction and to the satisfaction of the Board of Commissioners. In the event of the failure of said grantee to remove re-move 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 6. Unless this grant and all the terms and conditions thereof shall be accepted, in writing, by the grantee herein within thirty (30) days after the taking efect of this ordinance, and unless such track be constructed con-structed within one year from the date of such passage, then this ordinance shall be null and void. SECTION 7. In the opinion of the Board of Commissioners it is necessary to the peace, health and safety of the inhabitants of Provo City, Utah, that this ordinance or-dinance become effective immediately. im-mediately. SECTION 8. This ordinance shall take effect upon its publication. publi-cation. Passed by the Board of Commissioners Com-missioners of Provo City, Utah, this 23rd day of January, 1947. MARK ANDERSON Mayor DORIS BULLOCK Deputy City Recorder (SEAL) Published in The Sunday Herald Her-ald February 2, 1947. NOTICE OF STOCK HOLDERS MEETING The annual meeting of the Stock-holders of the Provo Building Build-ing and Loan Society will be held on Tuesday Evening February 11, 1947 at 8:00 P. M. in the Commissioners Commis-sioners Room of the Utah County Court House; for the purpose of hearing the annual report, electing elect-ing a Board of Nine Directors and 1 rnnaf (ina wiirh Kuci. ness as may properly come before be-fore the meeting. By order of the Board of Directors. Di-rectors. WM. G. COOK, j Secretary Published in The Sunday Herald Her-ald Jan. 19, 26, Feb. 2, 9, 1947. Four sequence mechanisms enable en-able the "mechanical brain" de-vcloped de-vcloped at Harvard to handle, pass on or transfer 60 numbers a second. By GRUBERT VIC FLINT SUCH T 1 PERFECT THE KID T7. Q 1 ff Off 1 JCT YOUR sloppiness JI-SiVm NEVER MOVED A MUSCLE j C ( PARDON I DIDN'T 1 i THOSE FOOT- 1. iJSK jTJi WHEN I SHOT THAT JfJ I MEAN TO STARTLE PRINTS HAVE TO iV' DOPE 1W0 HIM. NOW VlT YOU-DOCTOR Hjg V BEPreUP J):3jf yTOSIGNAl KKm'0J .. j Afjl uimHm ulvwi RED HYPER iff Yt flAKlftS YOUR MAjft RED st -SVH f 3U fVtfCHED IT PEf?f CT. "VtoJ f F If AMloa,trt HOrtCR OF THE HOrtSRE J ?5yilL-S:?-I I I UrtCLE JO-' SOW IF I HAD THE VW FOLLOW 1 1 OU CXrtE BACK TO dT m fr3? Y 'i ffT C i I RK5HT CLOTHES .ADA&'tfcCK JVi I VAT BOOTS AND HER BUDDIES 'r Tore 1 1 M-ttt? oon't YOO, DUD 1 A 50 ftVJPiY, U'S TOW ALLEY OOP WASH TUBBS fYOU SEE, CAPTAIN, I THOUGHT IT STRANGE, VES, BUT f DAWN: PARIS, 1803?) f WE SEEM T'BE ON VES, BUT WE'LL?, I WE ARRIVED ) AMERICAN GENTLEMEN J TOMORROW WILL - sT- . 'kTH' WRONG SIDE OF ( PLAY THE HAND I ONLY TONIGHT f IN THIS QUARTER OF DO... MEANWHILE. 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NO GOOtt TO TRV TO MOVE NW HOUSES OVfc ON "YOUR: SDfc OP THfc PROPERTY UNfc .NOW THAT YOlTvE GOT DO-RE-MI, BE Or PEOPLE LEANING ON TOUH, MAJOR HOOPLE NOU'RE THE GUY NMHO f CRANKED UP TWe FRANJvkNSTEihl MCMSiGTeC, PIKE:--THE WAY YOUVE 6PREAD DECAYED 30tES ABOUND, MAYBE YOU'RE THE SOURCE OF- w (Ta I f-XW " : I By MICHAEL CM THEY'RE MIME 1 THE VPSV efW TPvFVT ftNV PkNO Pitt cotexRucTioN) worevc dome ON tAY PROPERTY XbfU-Y BEUA6S TO KAC f ' Mm LARD 6 SURE, PAL- RIGHT, , IF YOU RE FRECJiLES .' NOT CAREFUL YOJLt BE STEERED INTO GRU&-STAKING EYERY50DY OUT OUR WAY 'Til Oliy- r . - ,-' THE SERIAL l;-,' .. 44 . comic ; II PACE .yr " H ' - I , pJ'2;?L ". 1 I I I tw.it, THE SHORT CIRCUIT ALLEY and RALPH LANE IT HEY, FOR- ' . , . . . Qtn: A LIGHT JUST WENT ON IN THE KID & ROOM. I THOUGHT CON HE WAS.TARpr was eoiirioi SOMETHIH -. SI6NAL WITH MUSTA GONE HIS FLASH . WRONG.' LIGHT. - -t By FRED HflRMAiN !W OUUAW. 1 'MS-J& fO EXPLORE r-&Z rtFHK a place . M If. '. .M znt JmJ 1 IWHW SIKVICI. IHC. T. M ttC U. 1. AT Oft By EDGAR MARTIN MR. BO DO, THE LfVYER. NO Li SENT FOR tS X VJONJ&TjV? IP ONt YJU. Bt ENOUGH? HEJ2.E By HAMI.RV By LESLIE TURNER By BLOSSER ; i ' '" T. M. HtC. U. j PT. Off. I ALWAYS SAY A FRIEND ISN'T FRIEND UNLESS HE WARNS HIS FRIENDS ABOUT OTHER FRIENDS By WILLIAMS |