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ORDINANCE 110. W 3,r —
BY RUMFORTC..
A14 ORDINANCE GRANTING A FRANCHISE TO THE FORNARD
CLUB OF CALDWELL, IDAHO, IM ASSIGNS, TO' COyTSTUCV A2TE OPER-
ATE A SFIm , Ii4'G POOL ON CERTAIN PROPERTY BELOEGING TO THE
CITY OF CALDWELL IITHIII' SAID CITY; AXII PROVIDING FOR THE
SUPERVISION OF SAID SIVIU,"AI G POOL BY SAID CITY.
Be it Ordained by the mayor and Council of the City I
of Caldwell, Idaho:
Section 1. That The Forward Club of Caldwell, Idaho, and
assigns, are hereby granted the right, privilege and franchise
to maintain, construct k and operate a swimraing pool, approximately
fifty feet in width and one hundred feet in length, together
with the necessary buildings, structures, terraces, walks, and
appurtenances, upon the following; described land and premises
belonging to the City,of Caldwell, Idaho, to -wit:
The north half of Block Thirty-one (31), of Has -
brouck s Addition and One Hundred Thirty -eigbLt (138) of
Strahorn's Addition, to the City of Caldwell, Idaho, as
the same are shown upon the official plat of said addi-
tions on file in the office of the Recorder of Canyon
County, Idaho;
said swizanizig wool shall be constructed pursuant to specifica-
t ions to be prepared by the City Engineer, and shall be oper-
ated under each regL as may be here ter established
'by the City Council.
Sao. 2. The City of Caldwell will furnish such Crater as
may be necessary to operate said swimming pool, and provide
connections for the drainage of said swiming pool with the
natural or artificial drainage ways accessible to said premises.
Sea. 3. The operation of said swimming pool shall be under
the supervissioalz of the Parok Commissioner of the City of Cald-
well, and said City h y reserves the right to provide for a
of Control to supervise the operation and maintenance of
said swirtm ng pool.
Sec. 4. If the grantee, The Eoryrs.rd club, or its assigns,
am
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shall not, construct said swimming pool., with reasonable dil
ligence, in the opinion of the 111aYor and City Council of said
city, The Forward Club, and assigns, shall forfeit their rights
and franchises over said premises. Reasonable dilligence shall
be held to mean that construction shall begin on or before April
1,, 1.926, The franchise hereby granted shall extend to such por-
tions of the premises described in Section one hereof as shall
be used for such sivinxiing pool and its appurtenances prior to
January 1, ` 1929.
Sec. 5. The City of Oaldwell shall in no way be liable for
any accident, damage, lase or injury, that may occur in the con-
struction or operation of said swimming pool, or by reason of
the default or negligence or misconduct of the said grantee The
Forward Club, or assigns, or employes, officers, or agents; and
the acceptance of this grant shall be deemed and become an agree -
ment on the: part of the said @rantee, 'The Forward Club, and its
assigns, to save the city harmless from and against all liability,
loss, costs, expense, trouble dnd damage of every nature arising
out of any default, negligence, misconduct, misfortune, or in any
manner, by reason of any default, negligence or misconduct of the
said grantee, its assigns or agents, or employees, or which
may
accrue by reason of the construction, maintaining or operating
of the said swimming pool.
Sec. G. This grant shall extend and continae for a period
of ten years,
Sec. 7. Zlia ordinance maybe accepted in waiting by the
said grantee, or it shall be deemed accepted, at the option of
the city, if the said grantee, its successors or assigns avail
themselves of any of thq(rights, privileges or franchises herein
granted.
Sec. S. This ordinance shell be in force and take effect
_ from and after its passage and approval.
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Pas6ed by the-Council this/ `daY of April, 1927.
Approved by the !Mayor thief / aay of April, 1927.
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