| OCR Text |
Show Yf-: "- payable - semi-annually , on , the first .days of January and .- July of eadCyear, with interest falling due on and prior to maturity being be-ing payable only upon presentation presenta-tion and surrender of the annexed interest coupons as the same sev- erally fall due. Interest falling due. hereon on each interest payment pay-ment date from January 1, 1946 to 19...., inclu ' give, is represented by two cou pons hereto attached,, either of which may be presented and will be paid apart from the other. Both principal and interest are payable in lawful money of the United States of America at liar ris Trust and Savings Bank in the City of Chicago, Illinois, or at the option of the holder at Farmers and Merchants Bank in Provo City, Utah. The bonds of the issue of which this bond is one are callable for redemption at the option of the City of Provo City in inverse numerical order on July 1, 1947, . and on any interest payment date thereafter, at par and accrued in terest to the date fixed for re demption, plus a premium of twenty dollars for each bond re deemed. Notice of call of any bond which is registered as to principal is to be given not less than thirty days prior to the date ' fixed for redemption by regis tered mail to the registered hold er thereof at the address appear ing on the City Recorder's regis tration books. Notice of the call of any bond which is not regis tered as to principal is to be given not less than thirty days prior to the date fixed for redemption through the publication of an ap- . propnate notice at least once in a newspaper having general cir culation in the City of Provo City, and in a financial newspaper published in the City of New York. New York, or Chicago, Il linois, and through the mailing of a similar notice to the places at which the bonds are payable. This bond is issued by the City of Prove ity pursuant to ordinance ordi-nance duly enacted and pursuant to authorization duly granted by a majority of the qualified tax paying electors of said city voting at an election duly called and held in said city on the day of . .. 1945. for the purpose of defraying the cost of constructing improvements ana extensions to the water system of said city in full conformity with the Constitution and Laws of the State of Utah. Both principal of and . interest on this bond and the issue of which it is- a part are . payable solely from a special fund into which are to be placed the net revenues derived from the operation of said water system after there have been first made from such net revenues the payments pay-ments required to be made into the "Water System Bond and in terest Sinking Fund of Provo City" established by the above described ordinance, which was voted by the electors of said city on the n. . day of 1949. for the purpose of authoriz ing, this bond and the issue of which it is a part. The city has covenanted and agreed and does hereby covenant and agree that it wiu fix sucn - rates for the sale of water and services supplied by said system and will collect and account for the revenues to be received for the sale of such water and services, serv-ices, that the net revenues so received re-ceived will be sufficient promptly to pay the principal of and inter' est on this bond and the issue of which it forms a part, as each be comes due, and to make all pay ments required to be made into the above mentioned "Water System Bond and Interest Sink ing Fund of Provo City." This bond may be registered as to principal in the name of the holder on the books of the City Recorder of Provo City, in the office of the Recorder, such regis tration to be noted on the back hereof by the Recorder, after which no transfer hereof shall be valid unless made on said books and similarly noted on the back hereof, but this bond may be discharged dis-charged from registration by be- ins transferred to bearer, after which it shall be transferable by delivery, but may be again reg istered as before.. The registra tion of this bond as to principal shall not restrain the negotiablity " of the coupons hereto attached by delivery merely. Each successive holder of this bond during such time as it is payable to bearer, and such holder of each of the coupons hereto attached, are con clusively presumed to forego and renounce his and their equities in favor of subsequent Holders for value without notice, and to agree that this bond while so payable to bearer, and each of the coupons hereto attached may be negoti ated by delivery -by any person having possession thereof, howso ever such possession may have been acquired, and that any hold er who shall have taken this bond or any of the coupons from any person for value and without notice, thereby has acquired abso lute title thereto, free from any defenses enforceable against any prior holder and free from all equities and claims of ownership of any such prior holder. The City of Provo City and its officials and Harris Trust and Savings Bank and Farmers and Merchants Bank shall not be affected by any notice to the contraryv It is hereby certified, recited and declared that all acts, con ditions and things required to exist, happen and be performed precedent to and in the issuance of this bond have existed, have happened and have been performed perform-ed in due time, form and manner as required by law, that the amount of this bond, together with the issue of which it forms a part, does not exceed any limita tion prescribed by the constitu tion or statutes of the State of Utah, that an amount of the revenues rev-enues .to be derived from the water wa-ter system of said city has been pledged and will be set aside into a special fund by said city sufficient suf-ficient for the prompt payment of the principal of and interest on this bond and the issue of which it forms, a part, and that the revenues rev-enues of said plant and system have not been pledged, hypothecated hypothe-cated or anticipated in any way other than by the issuance of the series of bonds of which this bond is one. IN TESTIMONY WHEREOF. the City of Provo City' Utah, has caused this bond-to be signed by- lts Mayor and countersigned ny its City Recorder under the corporate cor-porate seal of said city. 'and has caused the Interest coupons hereto here-to attached to be executed by the facsimile signatures of said officers, of-ficers, all as of this first day of July, 1945. - I Mayor Countersigned: City Recorder (Form of Coupon) Number...... $.. On the first day of . . . . t ., 19 the City of Provo City, Utah County, Utah, unless the bond to whlclithis coupon is attached at-tached shall nave been theretofore thereto-fore legally called for redemp tion and provision for the pay ment thereof properly made, will pay to bearer Dollars ($ ) in the manner man-ner and out of the fund prescribed in said bond, and not otherwise, in lawful money of the United States of America at Harris Trust and Savings Bank in the City of Chicago, Illinois, or at the option of the holder at Farmers and Merchants Bank in Provo City, Utah, for interest to that amount due that day on its Water Revenue Rev-enue Bond, dated July 1, 1945, and numbered Mayor Countersigned: City Recorder (Form of Auditor's Certificate) I. the undersigned duly quali fied and acting Auditor of the City of Provo City, Utah County, Utah, do hereby certify that the within bond is within the lawful debt limit of the City of Provo City, Utah, and is issued according to law. Witness my official signature this day of 1945. Auditor (Form of Registration Certificate) In Signature Date of WhoteNamef of City Registration Registered I Recorder . . Section 7. That the sale of the bonds herein authorized to John Nuveen ic Co. of Chicago, Illinois, EdwarcLL. Burton Corporation of Salt Lake City, Utah, and Lincoln Lin-coln Ure & Company of Salt Lake City, Utah, at the price of par and accrued interest to the date of delivery de-livery is hereby ratified and confirmed. con-firmed. Section S. That notwithstanding anything in this ordinance else where contained, the principal of and interest on said bonds .shall be payable only out of the net revenue derived and to be derived from the system and in no event shall said bonds or the interest accruing thereon be deemed or Construed to be a general indebt edness of said city or payable from any funds of said city other than those derived from the operation op-eration of the system. Section 9. 'That from and after the delivery of any of the bonds issued under the provisions of this ordinance all income and revenues derived by the city from the operation oper-ation of the system shall be set aside into a separate and special fund to be used in maintaining and operating the system, and after the payment of the reasonable, reason-able, proper and necessary maintenance main-tenance and operation expenses of the system, to be used to pay principal of and interest and re-demeption re-demeption premiums on the bonds herein authorized. There is hereby created a fund to be known as the "Water System- Bond and Interest Sinking Fund of Provo City" (hereinafter referred to merely as the sinking fund) and after there have been paid from the gross operating revenues rev-enues of the system the expenses of maintaining and oprating 1he system as above provided, there shall next be paid from the remaining re-maining revenues of the operation of the system into the sinking fund created in this paragraph, such portion of said revenues as will be fully sufficient to pay toe interest on and principal of the bonds herein authorized as the same become due, and it is here by determined that the amount to be so set aside into said sinking fund in each twelve-month period ending on June 30th shall be fully sufficient to pay the principal of and interest on the bonds .herein authorized falling due on the lol- , t.. , "J : iuw.uk ouiy i ana u.c muwinslanall be cbnsldered one of the op ddiiunry i. In addition to the amounts required re-quired to be paid into the sinking fund under the provisions of the last preceding paragraph hereof there shall be paid into the sinking sink-ing fund as a reserve all gross operating revenues remaining, a f ter the payment of maintenance and operation expenses and after the payments so required to be made into the sinking fund have been made, until there shall be in the reserve fund the sum of $50,- 000. The money in said reserve fund shall be used solely for the payment of principal of or interest on the bonds herein authorized as to which there would otherwise be a default, and any money taken from the reesrve fund for the pur pose of preventing such default shall be replaced in the reserve fund from the first operating revenues rev-enues thereafter received which are not required for the payment of maintenance and operation ex penses and for the making of the above required sinking fund payments, pay-ments, it being the intention hereof here-of to maintain said reserve- fund at all times in the full amount of $50,000. The money in the reserve fund may at the option of the city be invested in obligations of the United States of America for the payment offcvhich the full faith and credit of the United States of America are pledged. If any of the money in the reserve fund is so invested, the obligations obliga-tions in which such money is invested in-vested shall be sold at any time the money Invested therein is needed for 5 the purposes specified in this, r, . y v Sucb payments into said sink ins fund shall be made in eoual monthly installments on the first day ox eacn montn, except that when the first day- of any month shall be a Sunday or a legal holi day, then such payments shall be made on the next succeeding seeu lar-day. Such sinking fund shall be used solely and only, and is hereby, pledged lor the purpose ox paying the: interest and redemption, redemp-tion, premiums on and principal of the bonds herein authorized to be issued.' If at any time there be a failure to pay into said sinking fund the full amounts above stipu lated, then fan amount eqivalent to such deficiency shall be paid into said sinking fund from net earnings of the system as soon as available, and in addition to the amount otherwise required to be so set apart and paid into said sinking fund- Any balance of the net earnings in excess of the payments hereinbefore specified to be made Into said sinking fund. including the payments required to be made! I into the reserve fund, shall be available to the city as the Board of Commissioners may from time o time direct All accrued interest -received from the purchaser of the, bonds at the timet f the delivery thereof shall be paid into the sinking fund. ',i All money held in the sinking fund, except money in the re serve fund which may be invested as above provided, shall be deposited de-posited in a bank approved as a regular depositary by the State Depositary Board and so far as permitted by law, such deposit shall be continually secured by a valid pledge of direct obligations of the United States Government having ah equivalent market value, or by surety bond written by a solvent surety company of recognized ' standing. Section 10. That the City of Provo City? hereby covenants and agrees with each and every hold er of the bonds issued hereunder; (a) That while the bonds au thorized herein or any of them remain outstanding and unpaid, the rates for all water and service furnished by the system to said city and to its citizens, and to all consumers within or without the boundaries of said city, shall be reasonable and just, taking into account and consideration the cost ana value of said system and the cost of maintaining and operating said system, and the proper and necessary allowances for the de preciation '' thereof and the amounts necessary for the retire ment of all bonds payable from the revenues of the system, and the accruing interest on all such bonds, and: there shall be charged against all purchasers of water and service, including said city. such ratesl and amounts as shall be adeauate to meet the require' ments of this and the preceding sections hereof, all of which rev enues, including those received from the city, shall-be subject to distribution to the payment of the cost of operating and maintaining the plant and system, and the pay ment of principal of and interest on tne oonas, as nereinoexore provided; (b) Thaf the city will maintain the system! in good condition and operate the same in an efficient manner and at reasonable cost; (c) That the city will keep proper books, records and ac counts, separate and. apart from all other records and accounts, in which complete and correct en tries shall' be made of all transac tions relating to the system. Such books and; accounts shall be kept as nearly s may be in accordance with the '; rules and regulations established by the Utah State Public Utilities Commission for privately Owned utilities. The city will furnish to any holder or holders of any of the bonds upon written request not more than thirty days after the close of each six months' fiscal period, com- plete operating and income state ments of the system covering such six months' period, and not more than sixty days after the close of each fiscal year complete finan cial statements of the system and of the city covering such fiscal year, and certified by the city's auditor (d) That the holder or holders of twentyfive per cent (25) in aggregate: principal amount of bonds issued hereunder at any time outstanding shall have the right at -all reasonable times to inspect the system, and all records, rec-ords, accounts and data of the city relating thereto; (e) That the city in its operation opera-tion of the system will carry fire insurance, workmen s compensa tion insurance and public liability insurance,' in such amounts and to such extent as is normally car ried by private corporations oper ating public utilities of the same UF- type. The cost of such insurance oratino onela nt the svslpm Tn th event of loss or damage, insurance proceeds shall be used first, lor the purpose of restoring or re placing the property lost or damaged, dam-aged, and any remainder shall be paid into the sinking fund; (f) That the city will not sell, lease, mortgage or in any man ner dispose of the system, or any part thereof, including any and all extensions and additions that may be made thereto, until all the bonds herein authorized to be issued shall have been paid in full, both principal and Interest, except that the city may sell any portion of said property which shall have been replaced by other property of at least equal value, or which shall cease to be neces sary for the efficient operation of the system, provided however, that in the eVent of any sale as aforesaid, the proceeds of such sale shall be paid into the sinking fund; v (g) That in the event of default on the part of the city in paying principal of or interest on said revenue bonds promptly as each falls due, or in the keeping of any covenant herein contained, and if such default shall continue for a period of sixty (60) days, the city will appoint a manager for the system, which manager shall have full control over the system and shall operate the system for the City of gjjrovo City, and shall enforce en-force such rates and charces as will be sufficient to make the payments pay-ments required by this ordinance. and shall in all things so operate the system as to fully comply with all of the- requirements and provisions pro-visions of this ordinance. The right of the holder or holders of the bonds herein, authorized 'to require the appointment of such manager shall -not be exclusive, and in (he event of default as nerein outlined, sucn holder or holders shall have the right to Proceed in law or equity to re quire the performance of the covenants cov-enants herein 1 contained in any action which to them shall seem appropriate. (h) That thei city will not permit per-mit any other water system to be operated within its boundaries while any 'of the bonds herein authorized remain outstanding and unpaid. Section 11, That the bonds authorized, au-thorized, to be issued hereunder and from time to time outstand ing shall not be entitled- to any! priority one over tne otner in tne application of the revenues of the system, regardless of the time or times of their issuance, it being the intention of the Board of Commissioners that there shall be no priority among the bonds authorized to be issued pursuant to this ordinance regardless of the fact that they may be actually issued is-sued and delivered at different times. It is .hereby expressly agreed and covenanted that the City of Provo City will not hereafter here-after issue any bonds or obligations payable from the revenues of the system until all bonds herein authorized au-thorized have been paid in full, unless such additional bonds are issued in such manner that they are in all respects subordinate to the bonds herein authorized. Section It. That the provisions of Section 11 hereof are subject to the exception that if at any time after the bonds herein authorized, or any part thereof, shall have been issued, the Board of Commissioners Com-missioners shall find it desirable to refund said bonds, said bonds, or any part thereof, may be refunded re-funded (but only with the consent con-sent of the holders thereof unless the bonds have matured or been called for payment), and the refunding re-funding bonds so issued shall enjoy en-joy complete equality of lien with the portion of said bonds which is not refunded, if any there be, and the holders of the refunding bonds shall be subrogated to all of the rights and privileges enjoyed en-joyed by the holders of the bonds refunded thereby. The refunding bonds shall be issued with such details as the Board of Commissioners Commis-sioners may provide, provided only that if only a part of the outstanding bonds is refunded, the interest rate of the refunded bonds may not be increased, the refunding bonds may not mature in whole or in part at a date earlier than the maturity date of any of the bonds not refunded, and the refunding bonds shall either be delivered in exchange for the bonds refunded, or shall be delivered to the original purchasers pur-chasers of those bonds at par and accrued Interest and the proceeds thereof shall be used to pay the bonds refunded. Section 13. That the proceeds of the sale of the bonds herein authorized au-thorized shall be placed in a fund separate and apart from all other city funds and shall be paid out solely for the purposes for which said bonds are herein authorized. Section 14. That the action of the Board of Commissioners in calling an election for the purpose of submitting to the qualified tax-paying tax-paying voters of Provo City the question of the issuance of the bonds herein authorized is hereby here-by approved, ratified and confirmed. con-firmed. Section 15. That the provisions of this ordinance shall constitute a contract between the. City of Provo City and the holder or holders of the bonds herein authorized au-thorized to be issued, and that after the issuance of any of such bonds no change, variation or alteration of any kind in the provisions pro-visions of this ordinance shall be made in any manner except as herein provided until such time as all of said bonds issued here under and interest due thereon have been paid in full. Section 16. That if any section. paragraph, clause or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability unen-forceability of such section, paragraph,, para-graph,, clause or provision shall not affect any of the remaining provisions of this ordinance. Section 17. That all ordinances, resolutions and orders, or parts thereof in conflict with the provisions pro-visions of this ordinance are, to the extent of such conflict, hereby repealed. MAURICE HARDING Mayor (SEAL) Attest: I. G. Bench City Recorder GIVEN under my hand and the official seal of said city this 23th day of June, J 945. I. G. BENCH, City Recorder, Provo City, Utah Section 6. That said election shall be held in all respects, and notice thereof shall be given in all respects, as required by the general laws of Utah pertaining to municipal elections. Section 7. That the proposition to be submitted, and the ballots to be used at said election shall be in substantially the following form, it being understood that said ballots shall comply in all respects with the requirements of Chapter 10, and Section 5 of Chapter 6 of Title 25, Utah Code Annotated, 1943: ORDINANCE NO. An Initiated ordinance adopted on June zstn, 1843, subject to ap proval by the voters, providing for extensions' and improvements to the waterworks plant and sys tem of the City of Provo City, and authorizing and confirming the sale of $1,000,000 bonds, pay able solely from revenues derived from the operation of said plant and system remaining after payment pay-ment of necessary operation and maintenance expenses. FOR AGAINST The ballot title nnearnaftn said ballot has been provided by the City Attorney and approved oy tne soara ox commissioners. Section t That the City Recorder Record-er is instructed and directed to prepare the publicity pamphlet required re-quired by Sections 18 and - 23 of Chapter 10, Title 25, Utah Code Annotated,, 1843, to incorporate therein the arguments for and against the measure , filed with him, in accordance with the pro-! visions of said Section '23, and to distribute said pamphlet to every voter of the City of Provo City, either by mail or carrier, not less than eight (8) days prior to the date herein fixed for the election,-at election,-at which said proposition is, to be voted upon. Section 9. That immediately after af-ter : Its adoption this ordinance shall be signed by the, Mayor and City Recorder, shall be recorded in a book kept for that purpose, and shall be published in The Daily Herald, a newspaper pub-1 lished and having a general circulation cir-culation in the City of Provo City,1 and shall take immediate effect, the preservation of the peace,1 health and safety of the City of Provo City so requiring. ' Passed and approved June 28th, 1945. MAURICE HARDING Mayor (SEAL) Attest: I. G. Bench City Recorder (SEAL) STATE OF UTAH COUNTY OF UTAH ss. I, I. G. Bench, the duly chosen qualified and acting City Recorder Record-er 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 of the Board of Commissioners of said City; that the above and foregoing is a full, true, and correct copy of an Or dinance passed . by the Board of Commissioners of said City on the 28th day of June, A. D., 1345, entitled: "AN ORDINANCE PROVIDING PRO-VIDING FOR THE HOLDING OF A SPECIAL ELECTION IN THE CITY OF PROVQ CITY, UTAH, FOR THE PURPOSE OF SUBMITTING SUB-MITTING TO THE QUALIFIED ELECTORS THEREOF THE QUESTION OF ADOPTING AN INITIATIVE ORDINANCE PROVIDING PRO-VIDING FOR THE CONSTRUCTION CONSTRUC-TION OF EXTENSIONS AND IMPROVEMENTS TO THE MU NICIPALLY OWNED WATER PLANT AND SYSTEM OF SAID CITY, AND AUTHORIZING THE ISSUANCE OF $1,000,000 WATER WA-TER REVENUE BONDS FOR THE PURPOSE OF DEFRAYING THE COST OF THE CONSTRUC TION OF SUCH IMPROVE MENTS AND EXTENSIONS." IN WITNESS THEREOF. I have hereunto set my hand and affixed the corporate seal of said City this 28th day of June, A. D. 1945. I. G. BENCH, City Recorder Provo City, Utah. (SEAL) Published in The Daily Herald June 29, 1945. ORDINANCE AN. ORDINANCE providing for the holding of a special election in the City of Provo City, Utah, for the purpose of submitting to the qualified taxpaying electors thereof the question of the issuance of $1,000,000 Water Revenue Bonds of said city. WHEREAS there has this day been presented to the Board of Commissioners an initiative petition peti-tion requesting that the Board of Commissioners adopt the ordinance or-dinance therein set out, which ordinance or-dinance is entitled "An Ordinance providing for the construction of extensions and improvements to the municipally mu-nicipally owned water system of the City of Provo City, Utah, authorizing and provid ing for the issuance of $1,000,-000 $1,000,-000 Water Revenue Bonds of the City of Provo City for the purpose of defraying the cost of the construction of such improvements and extensions, prescribing the form and other details of said bonds, providing for the collection . and disposition of the rev-, enues to be derived from said water system, making other provisions with respect to the operation of said system and the issuance and sale of said bonds, and providing for the payment of said bonds:" and WHEREAS pursuant to said petition the Board of Commissioners Commis-sioners has adopted said ordinance subject to approval of the quali fied electors of the City of Provo City and has made provision for the holding of a special election on the 7th 'day of August, 1945, at which the ordinance is to be referred re-ferred to the electors of the City of Provo City; and WHEREAS although the bonds authorized to be issued by said ordinance are to be payable solely from the revenues derived from the operation of the water system of Provo City and are not in any sense to be general obligations of the city or to be payable under any cirmustances from any. revenues rev-enues derived by said city from the levy of taxes, it is nevertheless neverthe-less considered desirable to sub mit the issuance of said bonds to the vote of the qualified tax paying pay-ing electors of said city; NOW, THEREFORE, Be It and It Is Hereby Ordained by the Board of Commissioners of the City, of jProvo City, Utah County, Utah, as follows: Section 1. That on the 7th day of August, 1945, that being the day on which a special election is to be held in said city for the purpose of submitting to the qualified electors thereof the ordinance or-dinance described in the preamble hereto, there shall be held a special spe-cial election between th hours of Seven o'clock A. M. and Eight o'clock P. M., at which there shall be submitted to such qualified electors of said city as shall have paid a property tax in the year preceding such election, the following fol-lowing proposition: "Shall the Board of Com- , mtssioners of the City of Provo City, Utah, be authorized author-ized to issue the bonds of said city in the amount of $1,000,-000 $1,000,-000 for the purpose of drefay-ing drefay-ing the cost of improving and extending the water 'system of said City, said bonds to bear .interest at rates-which -, : -will result-in an interest cost to the city not greater than that resulting from a rate of vtwo and. one-quarter per cent (2)for the first two years. : i and one and one-half per cent ltt) thereafter, and said bonds to mature serially In from three to twenty-five . years from the date thereof , and to be paid solely as to both principal and interest from the revenues to be derived de-rived from the operation ,of said water system, and under no circumstances to be a general gen-eral obligation of the city or payable from ad valorem taxes, all as provided in the initiative ordinance adopted by said Board ' of Com- , missioners , on June 28th, 1945, subject to approval by the electors, entitled 'An Ordinance Or-dinance providing for the construction- of extensions and improvements to the municipally munici-pally owned water system (of the City of Provo City, Utah, authorizing and providing for the issuance of $1,000,000 Water' Wa-ter' Revenue Bonds of the City of Provo City for the purpose- of defraying the cost of the construction of such improvements and extensions, prescribing the form and other details of said bonds, providing for the collection and disposition of the revenues rev-enues to be 'derived from said water system, making other provisions with respect to the operation of said system and the issuance and sale of said bonds, and providing for the payment of said bonds' "? j Section 2. That the voting places for said election and the officials to serve at each voting place shall be the same as those heretofore provided for the election elec-tion to be held on the same day on the question of the adoption of said initiative ordinance. ! Section 3. That registration for said electron shall be conducted con-ducted and notice thereof given in the manner provided by the general laws and the ordinance heretofore adopted calling! the election at which there is to be submitted to the qualified electors said initiative ordinance. Section 4. That notice of said election shall be given by adding to the election notice forWhich provision is made in Section 5 of the ordinance heretofore adopted at this meeting entitled "An Ordinance Or-dinance providing for the holding of a special election in thej City of Provo City, Utah, for the; purpose pur-pose of submitting to the qualified quali-fied electors thereof the question of adopting an initiative ordinance ordi-nance providing for the. construction, construc-tion, of extensions and improvements improve-ments to the municipally. owned water plant and system of said city, and authorizing the issuance of $1,000,000 Water Revenue Bonds for the purpose of defraying defray-ing the cost of the construction of such improvements and extension," exten-sion," the following additional paragraph just prior to the final paragraph of said ntolce: "All qualified electors of the City of Provo City who have paid a property tax in the year preceding pre-ceding the date of said election are hereby required also to take notice that a special election will be held in said city on the aforesaid afore-said date at the aforesaid polling places and between the -aforesaid hours, at which election there shall be submitted to the qualified electors of said city who have paid a property tax in the years preceding pre-ceding said election, the following proposition: ' "Shall the Board of Commissioners Com-missioners of the City of Provo Pro-vo City, Utah, be authorized to issue the bonds bf said city in the amount of $1,000,000 for the purpose of defraying the cost of improving and extending ex-tending the water system of said City, said bonds to bear interest at rates which Will result in an interest cost to . the city not greater than that resulting from a rate of two and one-quarter per cent , (2 Vk ) for the first two years and one and one-half per cent (1) thereafter, and said bonds to mature serially in from three to twenty-five years from the date thereof and to be paid solely as to both principal and interest from the revenues to be derived de-rived from the operation of said water system, and under no circumstances to be a general gen-eral obligation of the city or payable from ad valorem taxes,, all as provided in the initiative ordinance adopted by said Board of Commissioners Commis-sioners on June 28th, 1945, subject to approval by the electors, entitled "An Ordin-i Ordin-i ance providing for the construction con-struction of extensions and .improvements to the muni cipal ly owned water system of the City of Piovo City, Utah, authorizing and nrnviri- ing for the issuance of $1,-000,000 $1,-000,000 Water Revenue Bonds of the City of Provo City for the purpose of defraying the cost of the construction of such improvements and extensions, ex-tensions, prescribing the form and other details of said bonds, providing for the collection col-lection and disposition of the revenues to be derived from said water system, making other provisions with respect to the operation of said system sys-tem and the issuance and sale of said bonds, and providing for the payment of said bonds' "? Section 5. That the ballots to be used at said election haii Ho.ro printed thereon the proposition aereinaoove stated followed by tne words "For the Issue of Bonds and a square preceded, by the word "Yes" and a aauarm nr. ceded by the word "No", together nju tu&irui-uons mat it me voter desires to vote in bond issue he shall place a cross in the space after the word "Yes" and if he desires to vote against the, bond issue he shall place a SI058..1!? the space after the word iNo. aaia ballots shall comply in all respects with the fnn. ments of Chanter tn nt tim. 9 and Section 5 of Chapter 6 of! e 9 oz tne utan code An notated, 1943. Said ballots shall be kent arate and distinct from the ballots DAILY HERALD i; PAGE 11 cast on the question "of the adop tion of the initiative ordinance which is to be submitted to the electors on said .day and separate ballot boxes shall be used for receiving said ballots. Section & That immediately after its adoption .this ordinance shall be signed by the Mayor and City Recorder, shall be recorded in aTook kept for that purpose, shall be published In The Daily Herald, a newspaper published and having a general circulation in. the City of Provo City and shall take immediate effect, the preservation- of the peace, health and safety of the City of Provo City so requiring. Passed and approved June 28th, 1945. (SEAL) MAURICE HARDING Mayor. Attest: I. G. BENCH City Recorder. - (SEAL) STATE OF UTAH COUNTY OF UTAH ss I; I. G. Bench, The duly chosen qualified and acting City Recorder of Provo City, Utah County, Slate of Utah, do hereby certify that as such official I have the custody of the records and files of the proceedings of the Board of Commissioners of said City; that the above and foregoing is a full, true, and correct copy of an Or dinance passed by the Board of Commissioners of said Citv on the path day of June, A. D., 1945, entitled: AN ORDINANCE PRO VIDING FOR THE HdCniNf? P1F A SPECIAL ELECTION IN THE CITY OF PROVO CITY, UTAH, 'UK THE PURPOSE OF SUB MITTING TO THE QUALIFIED TAXPAYING ELECTORS THEREOF THE QUESTION OF THE ISSUANCE OF $1,000,000 WATER REVENUE BONDS OF SAID CITY." IN WITNESS THEREOF. I have hereunto set my hand and affixed the corporate seal of said City this 28th day of June, A. D., 1945. I. G. BENCH City Recorder Provo City, Utah. (SEAL) Published in The Daily Herald June 29, 1945. SUMMONS IN THE FOURTH JUDICIAL DISTRICT COURT OF THE STATE OF UTAH, IN AND" FOR UTAH COUNTY. PROVO BRICK & TILE COM PANY, a corporation, FANNIE SOWARDS, and WANDA S PEAY, Plaintiffs, vs. J. EDWARD FOLLETT. heir at law of WILLIAM A. FOLLETT and NANCY MARIAH FOLLETT, deceased, and all other persons unknown, claiming any right, title, estate, or interest in, or Hen upon the real property described in the complaint adverse to plain tiffs' ownership, or clouding plaintiffs' title thereto, Defend ants. THE STATE OF UTAH TO THE SAID DEFENDANTS: You are hereby summoned to appear within twenty days after the service of this summons upon you, if served within the county in which 'this action is brought; otherwise, within thirty days after service, and defend the above- entitled action; and in case of your failure so to do, judgment will be rendered against you ac cording to the demand of the complaint which has been filed with the clerk of said court. This action is brought to quiet the title to certain real property in Utah County, State of Utah, in the plaintiffs as follows, to wit: To land of the plaintiff, Provo Brick & Tile Company, particu larly described as follows to wit: Commencing at a point in the west fence line of the Denver & Rio Grande Western Railroad Company's right of way, 27.34 .chains southerly along said fence line and north 69 30' east 20 chains from the northwest corner of the northeast quarter of Section Sec-tion 36, Township 6 South, Range 2 East of the Salt Lake Base and Meridian; thence west 3.33 chains; thence south 0.74 of a chain; thence west 2.98 chains; thence south 23 38' west 6.72 chains; thence south 79 east 3.18 chains; thence south 5.42 chains, more or less, to the quarter-section line; thence east along said quarter' section line to the aforesaid west fence line of the Denver St Rio Grande Western Railroad Com pany's right - Of - way; thence northerly along; said west fence line to the place of beginning, To land of the plaintiffs, Fannie towards and Wanda S. Peay, particularly par-ticularly .described as follows, to wit: Commencing at the north quar ter corner of Section 36, Town ship 6 South, Range 2 East of the Salt, Luke Base and Meridian; thence along fence line north 89 30' east 20 chains, more or less, to the west fence of .the Denver & Rio Grande Western Railroad Company's right-of-way; .thence southwesterly along said rlght-of way 27.34 chains; thence west 3.33 chains; thence south 0.74 of a chain; thence west 2.96 chains; thence south 23 38' west 6.72 chains; thence south 79 east 3.18 chains; thence, south 2.04 chains, more or less, to south fence line; thence north 88 30' west 12.50 chains, more or less, to the quar ter-section line; thence north 36.15 'chains, more or les's, to the point of beginning. Less the fol lowing described right of way Commencing at the north quarter corner of said Section 36; thence south 0.84 of a chain: thence north 33 30' east 1.02 chains; thence west 0.56 of a chain to the beginning. Dated: June 4 1945.' P. O. Address: Provo, Utah. N MAURICE HARDING. Attorney for the Plaintiffs. Published' in the Daily Herald June 8, 15, 22, 29, July 6. 1945. Hull to Sign Security Charter WASHINGTON. June 29 U.K Cordell Hull, who devoted his last years as secretary of state to pre parations for a world organiza tion, will sign the United Nations Nazi Scientists t Death Ray, As Secret Yfeappn : By MALCOLM MUIK, JR. United Press Staff. Correspondent PARIS, June 29 (UJD Lt. Col. i John A. Keck said today that' , when the war ended German sci- entists were working on a master 'secret weapon" stratosphere -platforms to float 5,000 miles above the earth, from which .:, devastating death rays could be focused on any part of the world. Keck is chief of enemy equip-ft ment intelligence of the Euro- pean. -theater- He said the Ger-,' mans did not hope to complete p the weapon in less than 50 years. The platforms were' envisaged as hanging just beyond the range . of the death's gravity. At least one scientist told him that "it would be a terrible thing for the world." Mammoth reflectors , 'were to focus the sun's rays on earthly targets. The platforms were to be reached by rockets, and the rays directed by radio-Keck radio-Keck said the Germans were working on plans which "made Buck Rogers look tike he lived in the gay nineties.? But he said ' American army experts questioning question-ing the men who drew up thei plans were "impressed with their practical engineering minds and ' distate for -the fantastic." Keck told a SHAEF press conference con-ference that the ray, when focused fo-cused on any living thing, theoretically theor-etically would kill it. Any body of water would be turned to steam; forests kindled, and cities wioed out" He quoted German scientists as saying that the first country which perfected this weapon. , would "forever control the world." The Germans also were said to have foreseen the use of the plat- ' forms as observation posts for astronomers and other scientific observers, and for generating power for the earth by focusing the controlled rays on a ground receiving station. The idea of using the platforms to launch space ships to other planets and the outer regions also al-so was envisaged. Keck said the plan definitely was found lacking at certain experimental ex-perimental stages, but the scientists scient-ists seemed convinced that the region beyond gravity was acces- sible to man. The plan. Keck said, was known to some 100 of Germany's foremost rocket experts,' all of whom had been questioned by American army specialists and some by the Russians. Lend-Lease For U.S. Now Over 5-Billion Mark WASHINGTON, June 29 UJ9 Reverse lend-lease to the United States from her Allies has passed the $5,000,000,000 mark, lend-lease lend-lease Administrator Leo T. Crowley Crow-ley reported today. He gave no specific figures on recent increases, but pointed out that up to the beginning of 1945 the British Empire .' had lend- leased to the U. S. materials and . services valued at $4,658,315,000. Hitler Suffered Pangs, Record of Conference Shows BERCHTESGADEN, June 29 (U.R) Adolf Hitler may or may not have chewed carpets, but he -did have some black moments last summer when he said he al-. most wished for an assassin's bullet. bul-let. . Evidence that the Fuehrer more than once was wracked by despair was unearthed by Allied intel- . ligence officers in the steno , graphic record of a conference ; Hitler held at his East Prussian headquarters last Aug. 31. ? Hitler was so depressed by Git" endless succession of German military defeats and the defeatist attitude of his generals that he confessed a mild regret over failure fail-ure of the July 20, attempt on hix life. "If that explosion had ended : my life." he told his Nazi conferees, con-ferees, "It would have been liber- . ation from all cares, worries, sleepless . nights and nervous,, strain. , ' "It is only that fraction of a second then one is free and finds ' rest and eternal peace." U. S. Occupation Of Italy To Be Terminated Soon 3 WASHINGTON, June 29 CU.RJu- ' U. S. occupation of Italy will be y terminated by the end of the year except for some small forces, Gertv Jqseph T. McNarney declared to day. ? ' The commander of U. S. force! ' ' in the Mediterranean, back . in Washington for a brief visit, said also that Gen. Mark W. Clark will head U. S. occupation forces in Austria, with headquarters at - Vienna. v The occupational forces in Austria will consist of two or three divisions..' They will Lbe --" selected from troops already in central Europe rather than from Clark's JtaUan forces; .- In Italy, McNarney said, the only U. S. troops remaining next year will beNsmall service units. about 5,000 air force personnel,. and perhaps a division of occupation occupa-tion troops in the Venlce-Giulia ' area. . ? security charter early next weeK., The ailing "Father of the United Nations, it was learned, wilt add his signature to those of the seven other U. S. delegates and the diplomats of 50 United. Nations who signed the 10,000 worddocu- ment Tuesday at San Francisco. |
