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Show UTAH STATE Soil Conservation Committee LcjaJ Notice of Hearing Notice is hereby given by the Utah State Soil Conservation Committee Com-mittee that the prcpsed East Central Cen-tral Sanpete Soil Conservation Dis-t Dis-t let has duly petitioned, in the interests of the public health, safety, safe-ty, and w;lfa.e, for a sil conservation conser-vation district to function in the territory described as fallows: All of the drainage area of Oak and Canal Creeks, from the top of the mountain cn the east to t. Sanpitch River on the west. Fj-om Cedar Creek and the Moroni Hills on the north to Crawford's Ridge and Pigeon Holkw on the south, ai d containing approximately 30,-000 30,-000 acres. Please take further notice that a hearing will be held on said pe-tion pe-tion at the L. D. S. Ward hall, at Chester, Utah, on the 21st day of October, 1937, at 10:00 o'clock A. M. The questions cf the desirability, necessity, propriety of the petition and the appropriateness . of the boundaries for the organization of said East Central Sanpete Sell Conservation Con-servation District will be considered. con-sidered. All land owners or land occupiers within the limits of this area or territory proposed to be added thereto shall have the right to attend the hearing and to be heard m this matter. By order of the Utah State Soil Conservation Committee. Sumner G. Margetts, Executive Secretary. First Publication October 8, 1937. Last Publication, October 15, 1937. ORDINANCE NO. AN ORDINANCE GRANTING CERTAIN RIGHTS TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, ITS SUCCESSORS AND ASSIGNS, IN THE CITY OF MT. PLEASANT STATE OF UTAH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MT. PLEASANT STATE OF UTAH. Section 1. There is hereby granted grant-ed to The Mountain States Telephone Tele-phone and Telegraph Company, a corporation, its successors and assigns, as-signs, fr the period cf - 25 - years from and after the date cf the passage of this ordinance, the iight and p igilege to construct, erect, operate and maintain in, upon, along, across, above, ever aim unuer uie sire-T-s, alleys, puDUC ways and public places now or hereafter laid out or dedicated, and all extensions thereof and additions addi-tions thereto, in said city, poles, wires, cables, underground conduits, manholes and other telephone fixtures fix-tures necessa. y or proper for the maintenance and operation in said ity .f a telephone exchange and lines connected therewith; provided, provid-ed, however, that no poles or other fixtu es shall be placed where the sarnie wilL interfere with any gas amp, electric light, water hydrant cr water main, and all such poles or other fixtures placed in any streets shall be placed at the cuter edge of the sidewalk and inside the curb line, and those placed in alleys shall be located close to the line of the lot abutting thereon and then in such manner as not to interfere in-terfere wi!h the usual travel on said streets and alleys. Setci.n 2. The said company, at all times during the life of this franchise, shall be subject to all lawful exercises of the police power by the city, and to such reasonable regulation as the city may, by resolution res-olution or ordinance, hereafter provide. pro-vide. It is expressly understood and agreed that the Company shall save the city harmless from all loss sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever, resulting re-sulting from negligence on the part of ths company in the construction o.- maintenance cf its telephone system in the city. The city shall notify the company's representa--tive in said city within five (5) days after the presentation of any claim ar demand, either by suit or otherwise, other-wise, made against the city on account ac-count tf any such . negligence as aforesaid on the part of the company. com-pany. Section 3. The Company hereby grai.ts to the city, during the life jf this franchise, free of charge, ihe right and privilege to place, wnere aerial construction exists, .ixtures upon the poles of the ;jmpany, to which may be attached attach-ed the city's lew tension police and lire alarm wires, not exceeding two, and where underground conduits exist, the company shall furnish ,he city, f.ee of charge, one duct .n its underground system, for the purpose of carrying the city's cable jjntaining such wires. Said fixtures fix-tures and wires shall be attached to the poles and the cable placed m said duct cf said company, under un-der the supervision of, and in a .manner and position approved by the Company. The city, in its use and maintenance cf such fixtures, ni.es, cable and duct, shall at all ,imes comply with the rules and regulations of the C.mpany, so that there m.iy be a rrinimum danger of contact or conflict between the Aires, fixtures, cables or ducts of 'he Company, and the wires, fixtures, fix-tures, cable or duct used by the City. It is agreed, in crder to avoid a ge to life and property, that the above privilege is granted only up.n condition that no police or lire alarm wires, cables, cr other axtu:es shall be placed upon poles carrying electric light or power wi es, nor shall said police or fire alarm wires, cables or fixtures be exposed with.ut the consent of the Company, to the danger of contact o.- conflict with any conductor carrying car-rying a vcitage greater than the no: mil teleph ne vcitage. The city shall be solely responsible respon-sible fcr all damages to pe sens or prepcrty, arising out cf the c:n-structicn, c:n-structicn, maintenance and operat- tlcn of said police and fire alarm wires, cables and fixtures and shall save the company harmless liom all claims and demands whatsoever what-soever arising cut of the maintenance mainten-ance and opeiation of said wires, cables ar.d fixtures. In case of the rearrangement of the company's plant, cr removal of polos or conduits, con-duits, the city shall care for and remove its own wires, fixtures and c-nstruction, and shall save the company harmless from any damage dam-age to persons or property arising cut of the removal or reconstruc-ti.n reconstruc-ti.n cf its wires, cables and other fixtures. Section 4. Any person or corporation corpora-tion desiring to move a building or or other structure along, or to make any unusual use of the streets, alleys and public ways of the City which shall interfere with the pjles, wires or other fixtures of said company or the city, shall first klve notice t- the said company or the city, as the case may be, and shall pay to the said company or the city, as the case may be, a sum sufficient to cover the expense and damage incident to tho cutting, altering and morr.g of the wires or other fixtures cf the said company or the said city, and beforo a permit per-mit is given 'jy the. city tiierei.-r, cine applicant sha'l present a receipt re-ceipt from the said company showing show-ing said payment; thereupon, the said company, upon presentation of si'.A permit, srml, witu.r. twenty-four twenty-four (24) hours thereafter, provide ir and do such cutting, altering and, moving of the wires or other fixtures of the said company as may be necessary to allow such moving cr other unusual use of the streets, alleys, ard public ways of .he city. Section 5. It is expressly understood under-stood and agreed by and between the city and the company that the application for this . franchise was and is made upon the express condition con-dition and understanding that neither said application nor the ,rant it acceptance of any fran chise thereunder, cr cf this franchise, fran-chise, shall constitute a waiver, either upon the pa t of the company comp-any or the city, of ar y rights cr claims had or made by either, with respect to the occupancy of the streets, alleys and public places of the city under the law of the Territory Terri-tory cf Utah and under the con-stituticn con-stituticn and general statutes of the State of Utah, nor shall anything lz said application not in this franchise, fran-chise, in anywise prejudice or im-Dair im-Dair anv riehts cr claims existing .ndependently cf said application and this franchise of the city or of the company, or its predecessors or successors, with respect to the const uction, operation and maintenance, main-tenance, either before or after the ife f this franchise, of a telephone .ystem in the city. Section 6. This ordinance shall be in force and effect upon the fil- g by the company with the City Clerk of an unconditional acceptance accept-ance thereof in writing, which shall be filed within thirty (30) days arter the passage and approval of -,his ordinance. Within " ten (10) days af.er the filing cf said accept-ince, accept-ince, the City Clerk, by letter addressed ad-dressed to the secretary of said company, at Denver, Colorado, shall acknowledge the receipt of said acceptance. ac-ceptance. PASSED THIS 2nd day of October, Octo-ber, 1937. APPROVED THIS 2nd day cf October, 1937. JUSTUS SEELY, Mayor. (SEAL) ATTEST: E. W. WALL STATE OF UTAH, ) County of Sanpete, ) ss. I, E. W. Wall, City Recorder, in and for the City of Mt. Pleasant, in Sanpete County, Utah, do hereby here-by certify that the above and fore-2 fore-2 ing is a full, true and correct copy of the original ordinance entitled: en-titled: "An Ordinance Granting Certain Rights to The Mountain States Telephone and Telegraph Company, its successors and Assigns, in the City of Mt. Pleasant, State of Utah" as passed by the Beard of Commissioners (or City Council) Coun-cil) of the City of Mt. Pleasant, Utah, the 2nd day of October, 1937, and approved the 2nd day cf October, Octo-ber, 1937. IN WITNESS WHEREOF, I have hereunto set my hand and affixed rhe corp. rate seal of the City of M:, Pleasant this 2nd day of October, Octo-ber, 1937. E. W. WALL, (SEAL) City Recorder. |