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Show ordinance; no. n Alt OSDINANCC DETKRMHTNO THAT THg rjlTKRESTS OF THI METROPOLITAN MET-ROPOLITAN WATER DISTRICT OP SALT LAKE CITY AND THE PUBLIC INTEREST AND NECESSITY DEMAND THE MAKINO OP CONTRACTS NECESSARY NECES-SARY AND CONVENIENT TO CARRY OUT THE OBJECTS AND PURPOSES or THE DISTRICT IN THE ACQUISITION ACQUISI-TION AND LIEVELOPMEM1 Or A WATER WA-TER SUPPLY AND THE FACILITIES FOR ITS DISTRIBUTION AND DEVOTION DEVO-TION TO BENEFICIAL USE WHEREBY. WHERE-BY. AS TO EACH OF SAID CONTRACTS. CON-TRACTS. THERE WILL BE CREATED INDEBTEDNESS AND OBLIGATIONS TO SATISFY WHICH WILL REQUIRE A GREATER EXPENDITURE THAN THE ORDINARY ANNUAL INCOME AND REVENUE Or THE DISTRICT WILL PERMIT. AND ORDERINO THE SUBMISSION OP THE PROPOSALS TO MAKE SUCH CONTRACTS TO THE QUALIFIED ELECTORS OP SAID DISTRICT DIS-TRICT AS SHALL HAVE PAID A PROPER PROP-ER 1 T TAX IN THE TEAR mgH-ElMMO SUCH ELECTION, AS SEPARATE PROPOSALS. PRO-POSALS. AT AN ELECTION TO BE HELD FOR THAT PURPOSE. FIXINO THE DATE UPON WHICH SUCH ELECTION ELEC-TION SHALL BE HELD. THE MANNER OF HOLDINO THE SAME. AND THE METHOD OF VOTINC1 FOR OR AO AIN8T THE AUTHORIZATION OP THE PROPOSED CONTRACTS. FIXINO THE COMPENSATION OF THE OFFICERS OF-FICERS OF THE ELECTION. DESIGNATING DESIG-NATING THE POLLING PLACES AND THE OFFICERS Or ELECTION. PROVIDING PRO-VIDING FOR THE OIVINO OF NOTICE THEREOF. AND DEFINING THE DUTIES DU-TIES OF THE SECRETARY OF THE DISTRICT CONCERNING THE SAME. The Board of Director of the Metro-M.tropolltan Metro-M.tropolltan Water Diatrict of Suit City, for and on behalf of said District, Dis-trict, does hereby ordain and determine as follow: SECTION 1. That the Intercuts of the Metropolitan Water Diatrict of Salt Lake City and the public Interest and necessity demand the making of a contract con-tract between the Metropolitan Water District of Salt Lake City and the Assorts tlon. and throuch the construction construc-tion of maid work: and WHEREAS, the Aasorlstloti will levy assessments and-or calls upon It stock from tima to time for the purpose of raining funds with which to meat Instalments due the United States under un-der said ASBOcistlon-OoTfrTnment contract, con-tract, and to rain funds- for other expenses and chart of id Assocta-wm; Assocta-wm; and "7. WHKRKAA. the District as a stockholder m the Association will be benefited by the oonstniction of said works; s. NOW. THETRETORB. In consideration considera-tion of the premise and of the benefit bene-fit to be derived therefrom the District Dis-trict scree to and doe hereby subscribe sub-scribe for 50.000 share of stock, of the Association and sereee to pay to the Association the full purchase price of said share of stock: The District agrees j to pay any and all assessment and-or I call- assessed and levied by said As-I As-I son at Ion from time to time against said unite ut Ifock" of the ssocisTIoh I owned by the District including such 'deficiency assessment on account of the anticipated and-or established fst I -t uee ofsome other stockholders of the I Association to pay assessment and-or calls when due as may be necessary i within the limitation provided for in Article 15 hereof to enable the Association Asso-ciation to peg in full when due the Association s indebted nee to the United States under said Association -Oovexn-ment contract. "PURCHASE PRICE OF SHARES OP STOCK "ft. The Dtslrict shall pay as the purchase price of the share of stock In the Association herein subscribed for that proportion Of the total sums and charges required to be paid by the Association to the United Slate under said Association -Oovern men t contract, lor the construction of the works therein there-in described and provided for. a computed com-puted and determined by the Secretary Secre-tary in conformity with the provisions of Article. 22 of the Association -Oovern -ment contract, that the number of share of Association stock subscribed lor by the District shall bear to the total number of shares of such stock outstanding and iwbie at the time the construction of the works described in Article 2 hereof t authorised by the Secretary unless permitted by the Secretary Sec-retary to use a different number of share as the basis of computation, in which event the purchase price of the share of stock will be that proportion which the number of share of slock subscribed for by the District shall bear to the total number of share of stock outstanding and assessable at the time such permission 1 given. In case doubt should arise a to the amount of the purchase price herein assumed by the District the matter shall be referred to the Secretary who finding shall b final and binding on the parties to this agreement. The District Dis-trict agreee to pay, in addition to said purchase price and assewsment for the defaults of other stockholder within the limitation- of Article 15 hsrsof. assessment for obligation of ih Association As-sociation incurred in pursuit of it general corporate powers and also those operation and maintenance ass ess menu levied by the Association on stock owned by the DUtrlct in the Association Associa-tion as provided In Article 14 hereof, bhould the District default In the payment of the purchase prloe. Or of any assessments and-or call whatsoever whatso-ever upon the stock of the District in the Association and suit or action be necessary to enforce payment thereof, the payment of such purchase price and assessment and -or cai Is may at the option of the Association be enforced en-forced in the same or a separate suit or group of stockholder having the greatest holdover per ahare until the holdover per share la reduced to an equality with that of the stockholder or group of stockholder having the next greatest holdover per ahare. and so on la like manner with each suoceeslrs stockholder or group of stockholder until the holdover bee share of all stock hold or shall have been reduced to an equality, whereupon the sot Us shall b charged equally per ahare against all stockholder having holdover storage. (O In the Interest of obtaining as high an annual yield as possibles from the reservoir for the benefit of the project a a whole, water drawn from the reservoir by any stockholder stock-holder during the annual period between be-tween November 1 of any year and October 21 of the following year, ah all be drawn first, from the supply sup-ply of the Association and-or the United Btateju svallabl la da tar- mined"by the Association and-or the United States) at the time water is drawn, up to thirty-four per cent 134! of the annual yield of si or- age water to which such stockholder Is entitled during said annual period under hi subscription eon tract, and exclusive of any stockholder' bold-over bold-over storage water acquired by the Association and-or the United States; and then, from the remainder remain-der of such available supply of the Association and-or the United State inclusive of any stockholder' holdover hold-over storage water acquired by the Association and-or the United States, to which the stockholder 1 entitled, or from any holdover storage supply which the stockholder stock-holder may have in the reservoir, or from both aa the stockholder from time to time may elect, (d Holdover storage water shall be charged It pro rata share of evaporation and seepage losses. "Provided further that the right of the District and all other stockholders of the Association under this Article shall at all time be subject to the right of the Association to us the entire capacity of the reservoir whenever when-ever so dsaUad to-- Aimnsllss. "Notwithstanding anything contained con-tained in thia article to the contrary, the Association and-or the United State shall have the light to make an equitable disposition of excess or flood water a defined In the last sentence of Article 14 of the Association -Oov-ernment contract, and while such excess or flood water are available, water drawn by shareholders shall be considered consid-ered to be drawn from such exceaa or flood water to the extent available. "HiOHT OF DISTRICT IN PROVO RESERVOIR CANAL 13. The District la entitled to have earned and delivered in the Proro Reservoir Res-ervoir Canal enlargement from the Prove River to a point on Jordan Rlvar in ths Wet half of Section 2. Township Town-ship 4 South. Range 1 West. Salt Lake Base Meridian, the water to which the District is entitled under and by virtus of the share of stock of th Assort stl on owned by the District provided pro-vided that the amount of water to be so carried and delivered at any tlm s..all not exceed 130 cubic feet of water per second of time, and provided further fur-ther that th District may surrender in whole or in part It said right to have water so carried and delivered by serving on the Association written notice no-tice specifying therein the date of and the extent of such surrender and after the date specified In said notice th Association shall be permanently released, re-leased, relieved and discharged of the: obligation to carry said water to toe; extent specified in said notice. I "PAYMENT OF OPERATION AND MAINTENANCE C HA ROBS 14. The District agrees to pay those' operation and maintenance assessments levied by the Association on th share of stock owned by the District In the Association, Including such deficiency assessment a may be necessary to pay in full the operation and maintenance mainte-nance expense Incurred by the Asso-clatlon Asso-clatlon In operating and maintaining1 aald work, and other works otherwise acquired, owned, controlled and-or op-1 erti hv th Association, except as to tract, to take and exercise promptly all lawful mean granted to it by law or by any contract, to enforc collection for uch failure or default. Including th refusal of the delivery of water and the forfeiture forfei-ture of the stock of such su been bar for th benefit of the remaining stockholder, to th end that the been required to pay any part or portion of the sum payable by th delinquent stockholder or subscriber and all other stockholder similarly situated, may obtain the benefit In water, stock or otherwise which would bar accrued to such delinquent delin-quent stockholder bad not such de-1 de-1 1 nq uency occurred . Provided, however, that nothing In this article or In this contract shall bs construed con-strued to give the District or any other stockholder or subscriber any right in th project or project waters, except hi, her or It share In those right eel re by virtu of said Association -Oovern ment contract and which right are contingent upon payment to the United State of all sums and charge due the United State under aald Association-Oovern Association-Oovern ment contract. "PAT INITIAL" MEMBERSHIP ASSESSMENT lt. Th District shall pay to said Association at th time of entering Into this contract tfc sum of Twenty-five Hundred Dollar (82500 001 th same being on the basis of five cents (to 03) per share as required in the Articles of Incorporation of the Association. "DISTRICT TO OPERATE AND MAINTAIN MAIN-TAIN CANALS "18. The District ahail arrange to operate and maintain, without cost or expense to the Association, any and all canals and facilities 1 other than , the works provided for to Article 2 hereof i necessary to take and utilise the water to which the District is entitled en-titled under and by virtue of this subscription. . CONFIRMATION OF CONTRACT ! "20. An action or proceeding satisfactory satis-factory to th Secretary shall be brought promptly for the Judicial confirmation of this contract In the manner provided pro-vided be loss and w statutes of TTre-Htate TTre-Htate of Utah, and for a finding that the proceeding leading up to the organisation or-ganisation of the District and to the execution of the contract were regular in all respect, and that the contract ile valid and binding upon the District. The District shall furnish the Association Associa-tion certified copies of the papers relating re-lating to a the organisation of the DUtrlct, b the proceedings authorising authoris-ing this contract, and (c) the proceedings proceed-ings In confirmation hereof. Including th decree entered in ssld confirmation proceedings. The Association and the United State shall b under no obligation obliga-tion to take or continue any action under thia or said Association -Oovern -ment contract until this contract has been Judicially confirmed In a manner satisfactory to the Secretary as herein required. SUCCESSORS ANT) ASSIONS OBLIOATED j 31. The provision of this agree-ment agree-ment shall apply to and bind th successors suc-cessors and assigns of the respective parties. "IN WITNESS WHEREOF th parties have hereto signed their name the day and rear first above written. METROPOLITAN WATER DISTRICT OF SALT LAKE CITY , "By ; ' Chairman of Its Board of Directors. -(Seal) "Attest: Secretary. "PROVO RIVER WATER USERS ASSOCIATION AS-SOCIATION "By I "President "(Seel, "Attest: Secretary. In the event that lea than 80,600 hare of th capital stock of the Ptovo River Water Users Association is available avail-able to subscription, the sum of 83.800.-0U0 83.800.-0U0 mentioned in subdivision al of Article IS, and the sum of $1,330,000 mentioned In subdivision b of Article Is of said subscription contract will each b reduced proportionally and the number of shares actually subscribed will be substituted In Article of said subscription contract In th place of 50.000 shares as now written, and an appropriate change will be made In Article II of said subscription contract. Ths estimated cost of "the works" menu on ed In Articles 2 snd 2 of said subscription contract 1 47, 000, 000. SECTION 2. That the Interests of and shall bo made up of a eonsoUda- tion of ths regular election districts in the city of Salt Lake City now act up by th Board of County Commissioner Commis-sioner by a resolution adopted by it on May t, 1829. snd more particularly deacribed, together with the number of each, a follows: Precinct No. 1 shall be made tip of a consolidation of the legulai sloctlou district Nos. 1. 11 and 12. Precinct No. 2 ahail bs mad up of a consolidstlon of the regular lctlon districts No. 2. 2 and 4. Precinct No. 2 shall be mad up of a consolidation of th regular election district No, ft and f. Precinct No. 4 shall be made up of a consolidation of the regular election district Nos. 1 and . Precinct No, ft shall be made up of a consolidation of the regular election districts No, t and 10. precinct No. shall be made up of a consolidation of the regular election district No. 12. 14 and 23. Precinct No. 1 ahail be mad up of a consolidation of th regular election district No. IS. 14 and 17. Preotnct Mo. shall be made up of consolidation of the regular election district Nos. It. 18 and 27. precinct No. shall be mad up of a consolidation of the regular election district Nos. 20. 21 and 22. Precinct No. 10 shall be made up of a consolidation of the regular election district Nos. 24 and 21. precinct No. 11 shall be mad up of a consolidation of th regular election district Nos. 25 and 24. Precinct No, 12 shall be mad up of a consolidation of th regular election districts Nos. 24. 29 and 3S. Precinct No. 13 ahail be made up of a consolidstlon of the regular election district Nos. 30 and 22. precinct No. 14 shall be made up of a consolidation of the regular election district Nos. 33. 24 and 36. i precinct No. lSeahell be made up of a consolidation of th regular election district No. 51 and S3. Precinct No, 16 shall be mad up of a consolidation of the regular election district Nos. 53 and 54. Precinct No. 17 shall be made up of a rem soli a at! on or the regular election district Nos. 55 and 56. Precinct No. 16 shall be mads up of a consolidation of the regular election j district No. 57, 88 and 60. Precinct No. 1ft shall be swede up of a consolidation of .th regular election district Nos. 61 and 62. I Precinct No. 20 shall be made up of a consolidation of the regular election i district No. 63 and 64. I Precinct No. 21 shall be made up of a consolidation of th regular election district Nos. 50, 65 and 66. Precinct No. 22 shall b made up of a consolidstlon of the regular election district No. 67 and 66. Precinct No. 22 ahail be made up of a consolidation of th regular-election district No. Of and TO. 1 Precinct No, 24 shall be made up of a consolidation of the regular election districts Noe. 101, 102 and 102. Precinct No, 25 shall be mad up of a consolidation of th regular election districts No. 104, 105 and 112. Precinct No. 36 shall be mad up of a consolidation of th regular election district Nos. 112, 114 and 115. Precinct No. 27 shall be made up of a consolidation of the regular election districts Noe. log and 106. Precinct No. 11 shall be mad up of a consolidation of th regular election districts Nos. log and 111. Precinct No. 28 shall be mad up Of a consolidation of th regular election district No. 101 and 110. precinct No. 20 shall be mad up of a consolidation of th regular election district Nos. lit and lit. I Precinct No. 21 shall be mad up of a consolidation of th regular election distnct Noe. 116. lift and 120. I Precinct No. 22 shall be made up of a consolidation of ths regular suction distncte Nos. 131 and 122. precinct No. 22 shall be mad up of a consolidation of th regular election district No. 143. 146 and 137. precinct No. 34 shall be mad up of a consolidation of th regular vlecUon district Nos. 141, 142 and 145. Precinct No. 35 shall be made up of a consolidation of th regular election district Noe. 144 and 146. Precinct No. 26 shall be made up of a consolidstlon of the regular election district Nos. 146 and 147. Fred net No. 27 shall be made up of a consolidation of the regular election districts Noa. ISO, 151 and 13. Precinct No. 26 shall be mad up of a consolidation of the regular election district No. 152 and 154. precinct No. 26 shall be made up of a consolidation of the regular election Prec.net No. 9ft 102ft Welt Tth ftVratlw Precinct No, 11433 aVnrtgi StSt West, Precinct No. Jft 1287 West 4th South Precinct No. 33229 Beed Avenue. Precinct No. 341073 West 4th NoftBW Precinct No. 35813 Ouray Avenue. Precinct No. 38 12ft North 8th West. Precinct No. 31 17ft Mortal 1st Wast (Langton ApartmenU) Precinct No, 38 lAfWeet Norts, Temple. Precinct No. 3ft Third North and Oo lum bus Street (Capitol Hill Wsrdl. Precinct No. 4054 OordOB Place. Precinct No. 41143 Second Aesnne. Precinct No. 43321 Third Avenue. Precinct No. 43308 "87 Street. Precinct No. 44 2nd Avenue and "O" Street 1 20th Ward). Precinct No. 45553 First Avenue) (Dorlus Apartments). Precinct No. 48 475 Eighth Avenue. Precinct No 47180 0 Street. Precinct No. 48183 "U Street. Precinct No. 49133 East bautbTw pie TKelth Apia. 7. Precinct No. 50 13ft Bast ftth Booth. Precinct No. 51-148 South 3rd East. Precinct No, 53 53ft South 3rd East. Precinct No. 53475 South 5tn East. Precinct No. 54143 South ftth East. Precinct No. 55850 East 2nd South. Precinct No. 54722 East tth South. ' Precinct No. 57444 South ftth East. Precinct No. 58 408 South 13th East, Precinct No. 88 1033 Linden Avenue. Precinct No. 801167 flueno Avenue. SECTION 10. That the following named persons from the Precincts ana from ths electors thereof shall be the Judges and officers of the election, one of whom, to be chosen be a majority of them, shall act as Clerk, and all of whom ahail constitute a Board of Else tlon for each polling place for the election elec-tion precincts set opposite their names t Precinct No, 1 Ray S. Bowman, Mrs Carol Morgan. Mrs. Zona Ball. Precinct No. 3 Mrs. Bertha Warner, Mra.-Agde V. Bran ting, Mrs. D. BY Eudy. Precinct No. J Roy Peredaj, Oujr W. Llndsey. Mrs. Ward Mitchell. Precinct No. 4 John W. C bourne. Mrs. Dorothy Bradahaw, Mrs, Norman Riches. Precinct No. ft Mrs. pearl W. ftoos, Mrs. Sam Carlisle. Joaena L Thorps. , Precinct No. ft Mrs. Ethel Strong John H. Dans, sirs. Allen Muaser. Precinct No. 7 Mrs. Margaret O. Prltchard, Mrs. Evelyn Nelson, Mrs. . A. R. Newton. Precinct No. ft Mrs. D. D. Brimhall, Mrs. Pearl Willis, Mrs. Fred 8. Brers ton. Precinct No. ft A. B. Shepherd. Mrs. Oenevieve Barnes, Mrs. Oeorge B. Mason Precinct No. 10 Mrs. Mary Vase. Mrs Jans Duoklsy, Mrs. Mamie Stevens. Precinct No. 11 Mrs. Anna Marti, Mrs. J. V. Larson, Mrs. Ernest Wright. Precinct No. 13 Mrs. Elmer Loeeiees, Mrs. Oraos K. Sullivan, airs. Minnie Stowell. Precinct No. 13 Mrs. Charlotte Cledga, Mrs. J. B. Webb, Mrs. Lynne K. Belle. Precinct No. 14 Mrs. Harry Piper, Mrs. H. O. Od Ostein, Mrs. Henry Nelson Precinct No. 15 Alton A. Alrmet Marion Broomhsad, Mrs. Mary - De-Remer. De-Remer. Precinct No. 18 Mrs. Vivian Johan sen. Mrs. Ruby Sumel. Mrs. Catherine Dixon. Precinct No. IT Mrs. P. O. Triomaa, Mrs. Prsd Donaldson. Mrs. Alien Hedges, Precinct No. 1ft Mrs. Clara Brewster, Mrs. Annie Marie Jensen, pred Ellis. Precinct No. lft Mrs. Milltw Barrow, Mrs. RoneUa Turner, Mrs. W. H. Irvine. Precinct No. 30 Mrs. Ruby Strong Carl W. Buchanan. Mrs. Anna Welde-mar. Welde-mar. Precinct No, 31 Mm. Ida U. Dean Mrs. Eva M. Ilngeon, Mrs. John O. Oue bier. Precinct No. 33 Mrs, ft the Jelta, Mrs. rsTdinand BUleter, Mrs. Bsteila Piahsr. Prseinet No. 33 afrs. J. A. Maim, Mrs. William Ballsy, Mrs. Ada Crosaar. Precinct No. 24 Mrs. Btta U Sll, A. A. Brigham. Paul W. Murphy. Precinct No. 3s Mrs. Alios Willisana, Mrs. Edith Oreer, Mrs. Oraos Lam bourne. Precinct No. 3ft Mrs. A. B. aVisUlng Mrs. Anna Rieks, Harvey Oulver. Precinct No. 27 Mrs. Leila Newbold Mrs. Esther Robinson, Mrs. Haas! CHsen. Precinct No, 38 D. A. Camomile, Mrs. Jessie, Williams, Mrs. Jaunt Evans. Precinct No. 38 Mrs. Viola Pogla, William Morgan. James Wells. Precinct No. 30 Mrs. J. sV Newman, Mrs. Clsxlos Elnftrton, Mrs. Ruth ale Cleileu. Precinct No. 31 Hugh ftf. Ormhsm, Mrs. Preda Douglas. Mrs. Basel Oeoraba. Precinct No. 32 Mrs. Msille Peck. Mrs. Pearl Leonhart. Mrs. Iulso sC Jonss. Precinct No. S3 sirs. 0. D. eWdJer, Mrs. N. A HMbera, Mrs. John Boil-winkel. Boil-winkel. Precinct No. 34 Mrs H. B. eUla, afra, Oren Morris. Mrs. M. B. Hall. Precinct No. 3ft Mrs. Theresa Cow-burn. Cow-burn. Mrs. Pern Haslsm, Mrs. Millie) Oillespie. Prseinet No. 34 Mrs. Mary Mazneld, Cator Lee, Mrs. R. A. Jones. Precinct Mo. 37 airs. Cora Bishop, Mrs. Homer, Stewart, Mrs. Altos) Mas- "preefnet No. 3ft William Scott. Mrs. J, R. Johnson, Mrs. H. S, Archer. Precinct No. 3ft Mrs. MarJorie 3C. Ward. Mrs. M. A. PTanclMon. Prank J. Kooyman. Precinct No. 40 Mrs. Rachel Wlllea, Pat Bellinger, J. W. Lucaart. Prseinet No. 41 Mrs. Alios Quay Is, Pred C. Haywood. Mrs. Pearl Boyce. Precinct Mo. 43-trs. R. M. Wilson Oliver Ellis, Richard Sanders. precinct No. 43 Harry Orsen, Mrs. Margaret K. Spencer, Mrs. Harry Oreen. Precinct No. 44 K. R. Haas. Mrs. Martha Hoffman. Mrs. Ings Wells. Precinct No. 4ft Leslie H. OroeabecE, W. W. C alder, Mrs. Irene Woolley. Precinct No. 44 Mrs. Clark Ebb von, Mrs. Elnpsf Rosso, Mrs. June) Hunter Jackson. Prseinet No. 47 Mrs. Elssbeth Mas-well. Mas-well. Pred C. Abbott, lira. Blanche) Phillips. Precinct No. 4ft Mrs. L ftfulr, Mrs. Lois McOrstb, Mrs. Oscar Oray. Precinct Mo. 48 John Walker, sV B. Htldebrand. Mrs. Helen Ea brisk is. Precinct No. SO Mrs. Annie E. JPP-son. JPP-son. sirs. Marian Anderson. Mrs. Bea- , trice Halverson. Precinct No. 1 sirs. M. T. Rupee, Mrs. Eleanor Berlrmsn, Mrs. Nettle K Campbell. Precinct No. S3 William Jorgenscm. Mrs. Dora Hopkins. Mrs. Verde Garrett, Precinct Mo. 53 Mra. Ada Henderson, Miss Kills Webb, sirs. Lulls B. Wan-lace. Wan-lace. Precinct No. 84 Mrs. Sadie Henry, B. Wayne Allred, Mra. Mary Rudy. precinct No. 45 Wayne Heath, Mrs. Helen Armstrong. William Waiters. Precinct No. 58 Mrs. Maris Dayton, Mra. Edith Barney, Mrs. Busline Hawk-burst. Hawk-burst. Precinct No. 87 B. K- Bsssett. Mrs, Peggy Allen, Mra. 8- O. Cromptoo. I Precinct No. 5ft Mrs. R W. Oarff, 'Mrs Ruth E. Cats. Mrs. Madge Shcp- 1 herd. Precinct No. 58 Mrs R. B. Barrett. Mrs. D. L. Preebalrn. Ralph Darting. I Precinct No. 80 Mrs. Thomas Oil as, Mrs. J W Anderson. Mrs. Ethel Rsmey. I bECTlON 11. That ths compensation of each of aald Judges of election shall i be 84 00. snd for sacs polling place ft7 50 shall be paid. bECTlON 12. That this Ordinance shall be published once at least ten dsvs before the date of the election hereby called, in a newspaper of general circu.etlon published within the limits of the Metropolitan Water District of bait Lske City. SECTION 13. It snail be the duty of the Secretsry of ssld DUtrlct to cause to be printed the ballots herein I provided for, and be ahsA cause the same to be authenticated with fac-I fac-I similes of his signature. He shall deliver to the officers of the vartoue election precincts sufficient ballots and other , . election supplies to meet the requirements require-ments of said precincts, and shall do all other things to carry out said election elec-tion required of him by the election laws of Utah aod this Ordinance, and, among ober things, he shall cause a copv of this Ordinance to be posted in s conspicuous position in each polling gisce and each voting booth. PAB&ED BY THE BOARD OP DIRECTORS DIREC-TORS OP THE METROPOLITAN WA-TKR WA-TKR DISTRICT OP SALT LAKE CITY, UTAH. THIS 13th DAY OP OCTOBER. A. D. 1837 HERBERT 8 ACERBACB. Chairman of the Board of Directors of the Metropolitan Water DUtrlct of Salt Lass City. ATTEST : OEOROE A. CR1TCHLOW. Secretary of ths Metropolitan Water District of Salt Lake City. iSeal, Provo River Water Users Assoclstlon, a corporation of Utah, by which the Metrupolltan Water DUtrlct ol . Salt Lake City shall subscribe for 50.000 shares or so much thereof as may be available to subscription, of the capital stork: of the Provo River Water Users Assoclstlon. by a contract of, the follow- lng form and effect: "PROVO RIVER PROJECT DEER CREEK DIVISION. UTAH SUBSCRIPTION CONTRACT BETWEEN BE-TWEEN METROPOLITAN WATER DISTRICT DIS-TRICT OP 8 ALT LAKE CITY AND THE PROVO RIVER WATER USERS ASSOCIATION. ASSO-CIATION. "THIS CONTRACT. Made this day of WW. be tween the Metropomtl Water District of Bait Lake City, a public corporation, organized and existing under the laws of the State of Utah with Its principal office at Salt Lake City, Utah, hereinafter herein-after referred to as the District, and the Provo River Water Users' Association, Associa-tion, a corporation organized and existing exist-ing under the lsws or the State of Utah, with Its principal office at Provo. Utah, hereinafter referred to as the Assoclstlon. WITNESSETH: J. WHEREAS, the Assoclstlon was organised, among other things, for the purpose of contracting with ths United States of America (hereinafter referred to as the United Ststesi for the construction con-struction of certain Irrlgstlon and recis-mstlon recis-mstlon works In Sslt Lake. Utah. Wasatch. Wa-satch. Summit and Duchesne Counties, Utah, commonly known as the Deer Creek Division of the Provo River Project, Proj-ect, for the development, storage, diversion di-version and beneficial use of the waters of the Provo. Weber and Duchesne rivers and their tributaries, for irrigation, irriga-tion, municipal, industrial and other purposes, consisting of a reservoir on the Provo River near Vivian Park or near Deer Creek In Provo Canyon, the site used to be satisfactory to the United States and the Association, known as the Deer Creek Reservoir, a tunnel, known as the Ducheene Tunnel with feeder canals tributary thereto, the enlargement of that certain canal known as the Weber-Provo Diversion Canal, heretofore constructed by the United States as a part of the first division of the Bait Lske Basin Project, and the enlargement of that certain canal of the Provo Reservoir Water Users' Company, known as the Provo Reservoir Canal, from the. Provo River to the Jordan Narrowa. or ths enlargement enlarge-ment and extension of that certain canal of the Provo Bench Canal and Irrigation Company and the North Union Irrigation Company, known as the Big Bench and North Union Canal, from the Provo River to the Jordan Narrows I hereinafter called the North Union Canal t In the event the Secretary of the Interior of the United States thereinafter referred to as the Secretary! Secre-tary! determines that this latter canal enlargement and extension la more desirable de-sirable than the enlargement of the Provo Reservoir Canal, Provo River Channel Revision, and appurtenant and incidental works 1 hereinafter referred to as the works): and "3. WHEREAS, the Association has entered Into that certain contract with ths United States dated Juns 27, 1038, as amended and supplemented (hereinafter (herein-after referred to as the Assoc! s tlon -Government contract) for ths construction construc-tion of said works snd ths repsyment of ths cost thereof by the Association, and "4. WHEREAS, the United States has acquired for and in connection with said works, certain water and water rights in and from ths Provo, Weber and Duchesne Rivers and their tributaries tribu-taries as represented by the following described water appropriations and filings: fil-ings: Application No. 9509 dated August Au-gust 22, 1924 for the storage of 140 -000 sere feet of water In the Deer Creek Reservoir, from the wsters of ths Provo River, from Weber River up to s diversion of 1 000 second feet, snd from Besver Creek up to a diversion of 500 second feet, filed snd recorded In the office of the State Engineer of Utah, on pegee 282 and 284 of Book 1-29 of applications appli-cations to appropriate water. Application No. 9579 dated August Au-gust 22, 1924 for direct flow diversion diver-sion of 1,050 second feet Of wster from ths Provo River and the enlargement en-largement of the North Union snd Provo Reservoir Companies' Canals, filed and recorded In the office of the - Bute Engineer of Utah, on pages 322 to 324 of Book 1-29 of applications to sppropriate water. Application No. 12,050 dated March 5. 1936. for the storage of 150.000 sere feet of wster in the Deer Creek Reservoir from the waters wa-ters of ths Weber River up to a diversion di-version of 1.500 second feet, filed and recorded in the office of the State Engineer of Utah on page &22 of Book 1-34 of applications to appropriate water. Application No. 12.144 dated April 3. 1938. covering an exchange of water between the Deer Creek Di-I Di-I vision of the Ptovo River Project 1 snd ths interests of Utsh Lake, whereby Provo River water, up to 30.000 acre feet annually, may be stored in the Deer Creek Reservoir in lieu of certain seepage return flow and-or other waters belonging , to the United States which will Low 1 Into and augment the wster auppiy 1 of Utsh Lske as a result of the construction con-struction and operation of the Deer Creek Reservoir, which application was filed snd recorded in the office of the State Engineer of Utsh on pegs 88 of Book 1-51 of applica-- applica-- tlons to appropriate water. 1 Application No. 12.229 dated Juno 25. 1938, for the storage (for irrigation irriga-tion purposes 1 of 50 000 acre feet In the Deer Creek Reservoir from the North Pork of the Duchesne River up to a diversion of 350 second feet, filed and recorded In the of- ' floe of the Stats Engineer on psgs 242 of Book 1-35 of applications to appropriate water. Application No. 12.230 dated June 35. 1938. for ths storage (for domestic do-mestic snd municipal purposes) of 50 000 acre feet In the Deer Creek Reservoir from the North Pork of the Duchesne River up to a diver- si on of 350 second feet, filed and recorded in the office of the Btste Engineer on pegs 39g of Book D-8 of spplications to appropriste wster. and msy acquire other water, water rights or filings for use In connection with ssld wort;. sod "5. WHEREAS, the District desire to seeurs s wster auppiy through the purchase af shares of slock, m the or action. ' PAYMENTS TO BE MADE IN PULL "10. Ths sums or amounts to be paid tinder this contract (including deficiency assess menu ss stated in Article 8 hereof) as charges due the Assoclstlon are to be paid by ths DUtrlct DU-trlct in full without deductions on sccount of the failure of some of the property owners of the District to pay assettsmenu and-or taxes when due, and the District agrees to fig such rate or rates for wster lurnlshed by it and-or to levy upon and collect from the property prop-erty in the District such taxes Including Includ-ing deficiency taxes to cover estimated and-or established deficiencies as may be, necessary to enable the Diatrict to pay such sums or amounts in full when due. The District will use all of its powers Including the power to fig water rates, ths power to establish and collect toils, and the power to levy and assess taxes lor ths payment to It of the amounts for which it la obligated by the provisions hereof. 'COalPLXAiSCE WITH RECLAMATION LAW "11. The Diatrict in the distribution for irrigation purposes of any part of the water auppiy acquired hereunder shall comply wuh the provisions of the Act of June 17, 1902 ( 32 Stat., 388 and acts smendatory thereof or supplementary supple-mentary thereto, particularly those of the Warren Act of February 21, 1911 (38 6 tel., 925) and regulations of the United States appltcabis thereto, and shall not furnish or deliver to any one landowner water in excess of an amount sufficient to irrigate 180 acres of irrigable irri-gable land. Each subscriber to stock of ths Association agreee with the Association Asso-ciation and with each other subscriber that the Association may dispose of part of ths stock of the Association to parties desiring to use project water lor domestic, municipal and industrial purposes as permitted by the Act of rebruaiy 25, 1920 ( 41 Stat.. 451 1, and every share of Association stock shall be entitled annually (annually for this purpose shall be the yearly period from November 1 of each year to October 31 of the following year) to its pro rata share (but not exceeding one acre foot of water per ahare annually measured at the reservoir, as also provided by the Articles of Incorporation of the Association 1 of the water developed by this project and In the use of the project works. It being agreed that ths project works contemplated to bs constructed con-structed and scquired pursusnt to said Association-Oovernment con tr set are the only practicable source of water supply for those organizations participating partici-pating in ths project pursuant to the Act of February 25, 1920 (41 btat., 451) and that the delivery or use of such pro rata shars of ths wster of such users shall not be deemed less beneficial nor shsll It be deemed detrimental to the water service for lrrigsted lands served by the project, notwithstanding that shortages in supply ars expected et times Ths project water In any such annus! period available in excess of s supply of one sere foot per share of Association stock may be disposed of by the Association to shareholders or others subject to the approval of such disposition by the Secretary. The rights of the DUtrlct and its assigns hereunder here-under are subject to the provUlons of Section 13 of the Boulder Canyon Project Proj-ect Act, sp proved December 21, 1928 M5 Brat., 1064 f. The basis, the measursj snd ths limit of ths right of ths Dis-i trict to the use of said wster acquired , through Its subscription for shares of, stock of ths Assoclstlon shall rest perpetually per-petually In the beneficial spplicatlon of the same. The District shall cause aald water to bs put to beneficial use in j accordance with the law. I "HOLDOVER STORAGE WATER 12. The District and each and every) other stockholder of the association, fchail he permitted to bold over In the Deer Creek Reservoir any stored water. to which they may be entitled. In any year or years for release in future years. ; when there Is storage capacity In ssld Deer Creek Reservoir not being used snd not desired by the Assoclstlon, subject sub-ject to the following conditions: (si Storage water held over shsll remain the property of the stock-ho.der stock-ho.der without regsrd to the total of the amount accumulated so long 3s the resewotr does not spill; tbl When sufficient unused s tor-see tor-see capacity is not available to permit per-mit stockholder to hold over all water which they desire to hold over, then each stockholder will be entitled for that purpose to thst proportion of the unused capacity of the reservoir that the number of shares of stock owned by him beers to the total number of shares of stork owned by ths stockholders desiring to so utilize unused storage stor-age capacity. When the reservoir spills and there to holdover storage In the reservoir, the spill ahail be charged against such holdover storage, stor-age, snd If one or mots stock hold - era have more holdover storage per shsre than other stockholders ths 1 initial eptil shsll be charged equs iy per share against the stockholder ths Provo Reservoir Canal enlargement. I "As to the Provo Reservoir Canal enlargement, en-largement, the District agreee to pay to the Assoclstlon auch additional assessments assess-ments as may be necessary to pay Its proper shars of the cost and expense Incurred by the Association In the msintensnce. repair, renewal and operation op-eration of aald canal enlargement as follows : ra) In the maintenance, repair and renewal of said canal enlargement, enlarge-ment, the District's share shsll beer the same ratio to the total coat snd expense of maintaining, repairing and renewing said canal enlargement enlarge-ment aa the maximum number of cubic feet of water pet second of time which the Assoclstlon le obligated obli-gated hereunder to carry for the District during the year for which the amount of the cost and expense aforesaid le computed bear to the total maximum number of cubic feet of water per second of time which the Assoclstlon Is obllgsted by subscription or other contract during ths year to carry In aald canal enlargement for stockholders of the Association, and for others. b In the operation of aid' emnal enlargement, the District "a ahare ahail bear the eame ratio to trie total cost and expense of operating op-erating ssld canal enlargement aa the total number of acre feet of water wa-ter carried by the Association for the District in ssld canal enlarge, ment during the year for which the cost and expense aforesaid la computed com-puted bears to the total number of sere feet carried by the Assoclstlon Assocls-tlon during said year la aald canal enlargement for all toekholders off the Assortstlon. and for others. -INDEBTEDNESS ASSUMED "IS. Anything herein to the contrary con-trary notwithstanding. It la agreed that the total agsregate liability of the district dis-trict for psvment under the terms of thU contract (a 1 To the Association, for the purchase price of the stock of the district in the AssorlsMon shall not exceed the sum of 83 BO0 0O0.O0; and (bt To the Association, on account ac-count of the default of some other stockholders In the payment of the purchase price of the stock of such other stockholder In the Assoclstlon Assocls-tlon shsll not exceed the lum of 81 330 000.00 "In the event the district falle to pay to ths AoclBtlnn snv of ssld sums or chsrges, the Aocuttrm msv take I snd exercise, and U hereby given the right to take and exercise, anv andj all lawful means available to It by law I or contract to enforce pevment by thei district of the amount which la owing 1 to the Association. I "The district recognlres and acknowledges acknowl-edges all the riehts and remedies vested I In the United Ststes by the Assorlstlon-Oovernment Assorlstlon-Oovernment contract aa heretofore or hereafter amended and supplemented for the enforcement of the payment bv the District of the sums, charges, calls and-or assessments due the Assoclstlon under this contract. MANNER OP MAKTNfl PAYMENT "18 AM monevs parable hereunder hv the District to the Aasortstlon on sccount of s the purchase price of the stock of the District In the Association, Asso-ciation, and fnt of the default of some other stockholder in the psvment of the purchase mice of the stork of auch other stockholder in ths Assoclstlrin. shsll be paid by ths Itrt-t to ths Association and ths United States Jolntlv 'PVprRCEUENT OF CONTRACT" "IT, For and In conslderstion of this subscription bv the District snd ths agreement upon the part of the District Dis-trict as herein set forth snd of trie suhsrrtptton contracts of other stork-holders stork-holders of the Assoclstlon. the Assor's-ton Assor's-ton hereby promises snd agrees, for the benefit of each and every other stockholder of the Association la 1 To take and exercise all lawful law-ful means now or hereafter available.. to it to compel the psvment by each and every of its stockholders of his, her or Its subscription to the stock of the Assoclstlon sccording -- to the terms of said subscription con tr sets, snd the pevment of his. her or Its lawful proportion of all costs, chsrges and expenses of the Association: bt In the event of default on the pert of sny subscriber or stork-holder stork-holder in the psvment of snv part of the .mount required to be paid bv htm. her or It under4 the terms of bu, her or Its subscription con- the Metropolitan Wster District of Bait Lake City and the public Interest and necessity demand the malting of s contract con-tract between the afetropolltsn Water District of Salt Lake City and the Provo River Water Users AAsoclstion, a corporation cor-poration of Utah, or the United States of America, or both of them, for the acquisition and construction of distribution dis-tribution facilities for ths wster supply of ths District, at an estimated cost of 8S.UO.000. to be repaid in forty 40 equal annual lnstalimenta, without interest. in-terest. SECTTOK S. Thst the making of each of ssld contracts Is convenient and necessary to ths carrying out of the ob-jecu ob-jecu and purposes of the District and thereby, ae to each of said contracts, there will be created an Indebtedness snd obligation to satisfy which will require re-quire a greater expenditure than ths ordinary annual Income and revenue of the DUtrlct will permit. SECTION 4. That the object and purpose of the making of each of said contract is, end the Interests of the District and the Public Interest and necessity demand by that means, ths acquisition and development of a water auppiy and ths facilities tor Its dutrlbu-tion dutrlbu-tion and Its devotion to beneficial use; sit as provided for by Section 3 of the "Metropolitan Water District Act" (Chapter 1)0, Laws of Utsh 1935); and IT IS ORDERED that the proposal to make each of aald contracts, end the incurrence of the indebtedness and obligations ob-ligations by each of them thsrsby created, cre-ated, shall bs submitted as separsta propositions to such qualified electors of the laletropolitan Water District of Sslt Lake City (being all of those who ars qualified electors of the etty of Sslt Lske Clty as shall have paid a property tax in the year preceding such election, at an election to be held for that purpose. SECTION g. That such election shall be held In aald District on Tuesday, the twenty-third day of .November. 1937. SECTION 8. That the polls for said election ahail open at T o'clock a. as. snd shall close at T o'clock p. m. SECTION 7. That the ballot used at such election shall contain ths words: SPECIAL WATER ELECTION METROPOLITAN WATEA DISTRICT Or SALT LAKE CITY. NOVEMBER 23, 1037 OFFICIAL BAUTT PROPOSITION NO. 1 -SHALL THEi METROPOLITAN WATER DISTRICT I OF SALT LAKE CITY, FOR THE PURPOSE OF OBTAINING A WATER j SUPPLY FOR THE DISTRICT. BE 1 AUTHORIZED TO ENTER INTO A CONTRACT BY WHICH IT SHALL SUBSCRIBE FOR 50 000 SHARES OR SO MUCH THEREOF AH MAY BH AVAILABLE TO SL'BSCIPTION. OF. , THE CAPITAL STOCK OF THE PRO- VO RIVER WATER USERS ASSOCIA-' ASSOCIA-' TION. ON THE TERMS AND CONDITIONS CON-DITIONS AND FOR THE PURPOSES SET FORTH IN THE ORDINANCE BY WHICH THIS ELECTION IS CALLED? YES J WO j j PROPOSITION NO. 2 SHALL THE METROPOLITAN WATER DISTRICT , OF SALT LAKE CITY BE AUTHORIZED AUTHOR-IZED TO ENTER INTO A CONTRACT j WITH THE t NITED STATES OF , AMERICA OR THE PROVO RIVER WATER USERS' ASSOCIATION. OK BOTH OF THEM. OR THE ACQUI-' ACQUI-' SITION ANI CONSTRUCTION OF DISTRIBUTION FACILITIES FOR THE WA7j. SUPPLY OF THE DISTRICT. DIS-TRICT. ON THE TERMS AND CONDITIONS CONDI-TIONS AND. FOR THE PURPOSES BET FORTH IN THE ORDINANCE BY WHICH THIS ELECTION IS CALLED? YES fJ WO rj The voter shall indicate- hU vote for each proposition by placing his cross In ths square marked "YES" under the! statement of that proposition, and I against It bv placing his cross in the' square marked "NO" under the state-, ment of thai proposition. I , SECTION g. Thst the election pre-! dncte shall be sixty (80 la number districts Nos. 155 and 154. I precinct No. 40 shsll bs made up of a consolidstlon of the regular election districts Nos. 171, 172 and. 171. Precinct No. 41 shsll be an ads up of a consolidstlon of the regular election districts Nos. 174, 178 and 178. Prseinet No. 43 shall be mad up of a consolidstlon of the regular election district Noa. 177 and 178. Prennrt No. 42 shsll be made up ef a consolidation of the regular election districts Nos. 178. 180 and 181. Precinct No. 44 shall be made up of a consolidstlon of ths regular election districts Nos. 182 and 183. 1 1 Precinct No. 49 shall bs made up of s consolidstlon of the regular election districts Nos. 184 and 185 I Precinct No. 48 shall bo mad up of a consolidation of the regular election districts Nos. 188. 187 and 188. Precinct No. 47 shall be made up of a consolidstlon of the regular election districts Nos. 188 and 180. I Precinct No. 48 shall be mad up of a consolidstlon of ths regular election districts Nos. 101, 192 and 1B3. Precinct No. 49 shsll bs made up of a consolidation of the regular alscUon districts Nos. 221. 222 and 223. precinct No. 50 shsll be made up of a consolidation of the reguisr election district Nos. 224. 225 and 238 I precinct No. 31 shsll be msds up of a consolidstlon of the regular election districts Nos. 227, 228 and 229. Precinct No. 52 shsll be msds up of a consolidation of the regular election districts Nos. 230 and 231. I precinct No. 52 shall b made up of a consolidation of the regular election districts Nos 232 and 233. 1 Precinct No 54 shell be made up of1 a cm ootids tlon of the regular election di-trlrta Nos 234. 235 and 238 1 precinct No 55 shall he msde up of a consolidstlon of the reguisr election dUtrlrU Noa. 237, 238. 244 and 245. Precinct No. 58 shsll be msde up of s ronottdation of ths regular election districts Nom. 230, 240 and 241. I precinct No 57 shall bs msde up of s consolidation of the regular election district Nna. 242 end 243 precinct No. 58 shsll be msds up of a consolidation of the resrular election dWrtcta No. 247 and 248. Precinct No. 5t shall bs made up of s ronwiiidation of the reeular election dinners Noa. 248 and 248. Precinct No. 80 shall be made up of a consolidation of the regular election "dlrtfs Nos. 250 and 2-M SECTION 9. That the following place within the Metropolitan Water District of Salt Lake City, which la Identical In extent with the cltv of Salt Lske City, ars designated as polling plsce for each of aald el ecu on precincts-Precinct No. 1738 South Srd East. Precinct No. 2258 Belmont Avenue- Preelnet No. 2154 South State Precinct No. 4 3?5 Rrvan Avenue. Precinct No. 5349 East 9th South. Precinct No. 8 8?7 EaM 7th South. pTectnct No. 7782 Browning Avenue. Precinct No. I mi Lincoln Street. Precinct No. ,092 South 9th East. , Precinct No. 1082 Ellraheth Street. I Precinct No. 111035 Princeton 5a ve-aue. ve-aue. I Precinct Wo. 121214 Sherman Avenue. Ave-nue. Prseinet No. 13 1T Tale avenue Precinct No. 141572 Harvard Avenue. I Precinct No. 15246 Ramons Avenue. Precinct No. 18435 Redondo Avenue., Precinct Wo. 17-401 Hollywood Ave-, Due. Pred net Wo. 182340 South Tth East.. Precinct No. It 1M7 Lsks Street j Precinct No. 20984 Wilson Avenue. Precinct No. 21737 Stratford Avenue Precinct No. 222818 Highland Dnve.' Precinct No. 231498 East 21st South Precinct No. 24110 West 3rd South, (Peery Hotel!. i Precinct No. 25138 West 7th South Precinct Wo 28247 South 2nd West ! ' Precinct NO. . 27-1720 South West Temple Precinct Wo. 28720 South West 1 Temple. Precinct Ho. 291058 Jefferson Street. |