| Show c n A SPECIAL MEETING Of The City Council Held Last Night THE WATER QUESTION STATUS Form of Bonds Decided UponTho Agreement liBgjirdluE the Exchange Ex-change of Water Etc I A special moating of the City Council was held at 730 oclock last evening I All the members were present except i Alderman McCornick Councilors I Dooley Young and Smith The Mayor I stated that the object of the special I meeting was to consider the water question I ques-tion hear tho report of the committee appointed to ascertain fromthe owner of the Deserct ard Waaatch Woolen Mills located on Parleyd Creek as to the length of time they would give the city the refusal of their priperties at 15 000 and 10000 respectively and to transact such other business as might come before the meeting KHPOET OF TUE SPECIAL 3OMMITTii Alderman Shurp in behalf of thC1 special committee reported that the I owners of the mills referred to had been approached and were Unwilling to give more than throe mouths option on their properties at the ngnri s quoted The committee recommended timt tne work of constructing a canal to convey the waters of Parleys Creek from the cauyon to the oily be commenced at once Tho report was adoptea TO Bcanow 30000 Alderman Webber then introduced the following resolution which was adopted Resolved That tho Mayor be authorized to borrow for a period of sixty days ana at a rate of interest not to exceed 7 per cent per annum the sum of f30000 for the purpose of paying a certain corporation note of toe date of April201686 forthe sum of 25000 now due and payable and for the lurther purpose of obtaining the sum of 5000 ad litjoaul to meetthe current expenses of the city FOEM OF THE BONDS Alderman Webber also presented tho form for the bonds to be issued by the city which was approved The bonds will be of 1000 each payable pay-able September 1008 with interest at 5 per cent fr annum They will be subject to redemption however at anytime any-time utier ten jreara from September L 1850 the date of the issuance of the bonds On motion of Alderman Webber the Treasurer was authorized to advertise for bids for tbo purchase of 300000 of these bonds L50GOu of which will fund the present bonded debt 100000 to liquidate the existing floating debt unu 50000 to meet the contingent espeusss of the city Watermaster Wilcken reported that in company with representatives of the canals drawing water from Utah Lake he had visited the Jake and rivor and found a certain and b xr which it was believed obstructed the flow of the river He recommended that a committee com-mittee be appointed to make an examination exami-nation and tuko such action with refe ence to the removal of the obstruction as might be deemed necessary On motion of Alderman Webber the matter mat-ter was referred to the Mayor and Watermaster with power to act in conjunction with the other canal companies com-panies TEE WATZR QUESTION Councilor Roberts made a motion to adjourn but several of the members objected as they believed the main purpose of the meeting was to lake action on the resolution authorizing the Mayor to sign an agreement witu I the owners of primary rights to the waters of Parleyd Creak and deemed the subject aDd the final disposition of it of tho most vital importance to the city As some question arose as to the notification which the absent membirj received and as a full vote of all the members Vas considered essential the adjournment wai consented to with the understanding that the resolution in relation to exchange of water should be taken up immediately after the reading of tho minutes this evening The special session then adjourned Some time ago the idea of exchanging water from the cana for those from Parleys Canyon was advanced in the City Council and from that time the work of arranging for the exchange has been progrcsaiugand all that is now necessary to complete it is the passage by the Council of a resolution authorizing authoriz-ing the Mayor to sign the follGwiog which will be done tonight THE AGBEHUENT This agreement entered into this 2itb day of June A D 1888 by and b3twcen the owners of the primary right to the waters of Parleys Canyon Creek whose names are signed hereto of Selt Lake I County Territory of Utah parties of the first part and Salt Lake City a municipal corporation of the Territory of Utah party of the second part wit nesseth Whereas The parties of the first part are the owners of primary rights to the waters of Parleys Canyon Creek and the party of the second part is the owner of the Jordan and Bait Lake City Canal which conveys water from the Jordan i River at a point near what is called the Narrows in said river to Salt Lake City for irrigation purposes and Whereas The party of the soconr1 part is desirous of obtaining water fo irrigation and culinary purposes to supply sup-ply a portion of the inhabitants of HUla cty whose lands lie above the said Jordan Jor-dan and Salt Lake City Canal it beins impracticable to irrigate said loudt from the waters of said canal and for I sprinkling streets above the line of said canal and for other uses and purposes connected with the welfare of the inhabitants in-habitants of said city and Whereas The agent of said second party towit the Mayor of Salt Lake City has made propositions to the parties of the first part with a view a making an exchange of tat Caters of Parleys Canyon Creek owner by the parties of the first part for chose of tho Jordan and BsltLake City Canal j and tbe said parties of tho first part hare met and conoidered ad pro1 positions and ftava agreed tu ULll II 1 I said exchange under proper conditions and restrictions now therefore It is hereby agreed ia follows The psrtiea of the first part whose names are signed hereto spree to excbansetha waters of the Parleys Canyon Creek to which they are entitled foe an eqntvil ent quantity of wmer from tha Jordan and dalt Lake City Ctnal down to the time when the primary lights exbaust the whole creek for irrigation purpnocs and for the quantity of water to be furnished after said last named tim as next hereinafter further agreed1 I and to permit ullow and authorize Raid party of the second part to take said i waters of the Parleys Canyon Creek at any point it may choose and devote the same to the use ard benefit of the inhabitants in-habitants of Salt Lake City And it is further agreed that at each season when the period arrives that the waters of the said Parleys Canyon Greek are at their normal stage that ito i-to say when they are at the stage when the owners of the primary right therein are entitled to the whole of said stream for irrigating purposes then the party of the second part shall have the waters of said creek m ainred at the place wher > it takes said waters froij said Parleys Canyon Creak and the board hereinafter provided for shall decide de-cide as to sucn time and it hereby guarantees to furnish to the parties of the first part from and after the date of such measurement and until the 15th day of August a continuous supply of water from said canal equal to toe portion por-tion of said creek owned by the parties of the first part at the time ot such measurement and at the last named date the waters of said creek shall be measured again as aforesaid and the party of the second part shall furnish to the parties of the first part from and after said measurement 2 continuous con-tinuous supply of water from said canal equal to the portion of said creel owned by them ut the time of aaid last measurement during the remainder of the season the second party agrees to maintain all existing rights of the purlieu of the first part to the waters of the said Parleys Canyon Creek to keep in repair re-pair the said Jordan and crslt Lake Citv Canal and by its agent jointly with the agent ot the parties of the first part and at the expense of the former turn out from the said canal the proper pro-per portion of water due to the partie3 of the first part oi the exchange aforesaid afore-said and also to construct tile necessary neces-sary ditch or ditches headcatss and dams to take out the said waters of the canal and Parleys Canyon Creek and provide for the rights of way for the same all at its own cost and expense aid without cost or expanse to the parties of the first part If at a y timeiieitber party shall feel aggrievea at the action ot the other party as to the fulfillment of or as to any conditidn or portion of this agreement agree-ment it is agreed by and between the parties hereto that said board shall decide the question in issue between said parties and its decision shall be final If at any time the party of the second sec-ond part through any Cause whatever fail to supply to the parties of the first part the said quantity of water from said canal it is expressly understood and agreed that said parties of the first part shall be restored to the portion of Parleys Canyon Creek apnropriatcd and used by the party of the second part under the terns of this agreement agree-ment and in oaso of said failnre on the part of the said party of the second part furnish the waters in said canal for the use of the parties of the first part as hereinbefore specified and agreed it shall not bo necessary for the parties f the firat to apply to any court or process of law to regain their rights in the waters of mid Jfarleys Canyon Creek but their gont may at once give notice to the agent of the party of the second part or the said failure of the said party tofnrnish the said water in said canal as aforesaid and if such default and failure on the part of said party of the S ond part shall continue lor a period of twelve hours then suid agent for said first parties inny at once proceed to turn said waters of sid creek into their original channel and place the same to the use of the said parties of tho first part and all expense and damages dam-ages caused by the failure to furnish said canal wators as uforejaid shall be born by the stid party cf the second part In case it shall happen at any time teat the parties of the first put are forced to retake the water from Parleys Canyon Creek for and on account of the failure of the party of tho second part to furnish water from ita canal as aforesaid they hereby agree that the party of the second part may again have the waters from Parleys Canyon Creek on the same terms and conditions as are heroin specified by furnishing to1 the parties of the first part the water from said canal and sufficient more from that source within a time to be determined deter-mined by said board to make np for any delays in irrigating occasioned by said default Provided That if said default should continue that is to y if rhe narty of I the second part should fail to supply said canal water to the parties of the first part for a period of six months then this agreement shall be null and void and the party of the second part shall not be liable lor any damage resulting re-sulting from such default or failure to furnish said canal water except the damage that may have accrued before the termination of this agreement The party of tho second part further agrees that it will not by its action diminish tho quantity water to which nnyone may he entitled in the Kennedy Ditch or Parleys Canyon Creek who iie not interested i in this exchange it is further agreed by the parties hereto that tho waters shall be turned into and flowing in the Jordan and Salt Lake City Canal as soon as April t in each year It is mutually agreed that by March 1st in each year the two parties hereto shall each choose an agent and they two a third to constitute a board D majority of whom can lawfully act if the two agents cannot agree on a third within ten days then said first parties shall select a wholly disinterested person per-son as the third from any place in Salt Lake County Utah Territory excepting only Salt Lake City and the owners of f Parleys Canyon Creek It is agreed that said board shall decide all questions that arise in reference to this agreement whether the same be absolutely forfeited for-feited or not except only as to the renewal this agreement after absolute abso-lute forfeiture except as otherwise herein specially provided and then in the latter instance in case of disagreement disagree-ment said board shall decide When agents ne referred to in this agreement they or vnt who are selected se-lected by the parUeu jto and in part constitute the board i J In < m of a vacancyTj Mid board the fame shall bl filled as originally If at any time wktln it is ndseary for he agents or bomd to aot immdIatly g and the proper number cannot bo found to act within twelve hours then remaining agent or agents or board may act as legally as though both itRtnts or a legal board were present and in other cases the same may be done after the expiration of fifteen days As itin the intention of the parties hereto that laid first parties shall have no expense whatever to defray by lea 8on ol tbe said exchange it is mutually agreed that said second party shall hold said first parlies wbqlly harmlass inconsequence in-consequence of the exchange of said waters Jt is mutually agreed that said second sec-ond party shall defray all expenses and fees of said board and of said first partita par-tita agents It is mutually agreed thai funny part of the year when saId canul water is not furnished to said first parties par-ties then and in that event said first parties are entitled to the waters of Parleys Canyon Creek Wheneyer first parties are spoken of in this agreement it means in addition addi-tion to the natural meaning the hairs executors adrnimilraioiB and assigns of said fir3t parties This agreement shall be perpetual if i the covenants and conditions heroin expressed ore kept and complied with It is further agreed that the party of the second part shail pay the assessment assess-ment that shall be made yearly or oftener and keep in repair what ib known aa the Kennedy Ditch to the same extent and to the full amount that would be borne with the landowners land-owners below said canal using the water from said ditch that is to say tho party of the second part shall do Ihe work on said ditch that has bee heretofore done by those obtaining water therefrom hat owned land below said canal In witness thereof we the undersigned I under-signed parties of tint first part have hereunto set our hands and seals am the Mayor of Salt Lake City for and iu behalf of the party of the second pars has hereunto set his hand and caused the corporate seal of said city to hH I hereunto affixed the day and year in this agreement first above written |
