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Show . t - . r V w we s j, w T w i v f ffTl 4 rr - Acgnst 4, 1S60 - Paga CON-TRA- BETWEEN THE CENTRAL DAVIS COUNTY AND DISTRICT CITY, BY THE ' TERMS OP WHICH 8AID DISTRICT IS TO DISPOSE OF AND TREAT SEWAGE KAYSVILLE SAID PROM CITY, AND SETTING FORTH A SCHEDULE OF FEES TO BE PAID BY SAID CITY FOR SUCH DISPOSAL AND SEWER XAYSVELLE TREATMENT, AND - AU- AND DIRECTTHORIZING ING THE MAYOR AND CITY RECORDER TO MAKE, AND DELIVER SAID CONTRACT FOR AND IN BEHALF OF KAYSVILLE CITY. E, property served, then all so metarad over eojooo gallons per month shell be charged at the rata of six cents ($0.06) per 1,000 gallons. As to water meter not reed on the last day of the month, the meter reading made in each month may be accepted as the amount of water used during the preceding month for the purposes of making the payment herein required. If any premises connected to the Citys sanitary ewer system use water obtained from source other than Hie City municipal water system, the City is to require such user to install at user's ax pens a meter which can bo read at monthly intervals for the purpose of determining the amount of water consumed on' such 1. The District agrees to proceed promptly with the construction of Hie disposal facilities, and H is expressly agreed that the obligaHon on the part of ths District to construct the said facilities shall be conditioned upon the Districts ability to obtain all necessary materials, labor and equipment, and the ability of the District to finance the cost of such construction in a manner and at a cost satisfactory to the District in its sole discretion. The District will from and after the completion of construction of the necessary facilities, continuously hold itself ready and able to treat and dispose of sewage turned into the Districts disposal facilities by the City in the manner provided and that it will accept, treat and dispose of such sewage as so provided. 2. The City agrees that it will promptly do whatever may be necessary to connect its sanitary sewage system with the disposal facilities of the District, making any new connection which may be necessary at a point on the collecHon fine of the disposal facilities specified by the engineers of the District, and that the City will hence- premises. (c) Where the sewage discharged by any commercial or industrial establishment into the City's sanitary sewer system is of such character as to to-w- it: WHEREAS, th Central Davis County Sewer District has bees heretofore legally created and now exists as an improvement district in the nature of a municipal entity in Davis County, Utah, and is presently undertaking Hie construction of certain sewage disposal facilities; and WHEREAS, the District, at an election duly held for the purpose, has been authorized to issue $630,000.00 general obligation bonds and $320,000.00 revenue bonds for the purpose of constructing a system for the collection, treatment and disposition of sewage, which disposal facilities are to be constructed and operated in part for the benefit of the municipal corporations lying within the boundaries of the District; and WHEREAS, the District is now in the process of authorizing and selling the bonds so voted and entering into construction contracts for Hie construction of the disposal facilities; and WHEREAS, the City now owns and operates a sanitary sewer system for the purpose of collecting sanitary sewage from the premises in the City, but does not have adequate facilities for the treatment and disposal of the sewage so col- forth during the term of this agreement transmit the sewage collected by its sanitary sewer system into the disposal facililected and desires to connect ties of the District for treatits aforesaid system with the ment and disposal. 3. Payment for the services disposal facilities to be constructed by the District and to to be supplied to the City by into an enter agreement pur- the District hereunder shall be suant to which such sewage on the basis of calendar months, be treated and disposed of beginning on the first of the will by the District through the month following date of connecmedium of such facilities; tion by City to District sewer be it system, and where such payNOW THEREFORE, of ordained by the City Council ment is computed on the number of sewer customers connectKaysville City: 1. That Kaysville City, for ed to the Citys sewer system, the best interest of said City the number of customers so conand the inhabitants thereof, ap- nected on the last day of each prove and adopt, enter into, calendar month shall be controlmake, execute and deliver a ling as to the amount due for certain contract with the Cen- such month. The payment to tral Davis County Sewer Dis- be made by the City to the trict for the disposal and treat- District for each calendar month ment of raw sewage from shall be computed as follows: Kaysville City, which said con(a) The City shall pay to the tract is in words and tenor as District monthly for dwelling follows, units connected to its sanitary made sewer THIS AGREEMENT, system as follows: and entered into this 1st day (1) For single family dwellof August, 1960, by and between $2.50 ing unit Kaysville City, a municipal cor(2) For multiple dwelling Davis in County, Utah, poration units: acting through its City Council First two units (each (hereinafter called the "City) $2.50 unit) Sewand Central Davis County Next three units (each er District, a legally created . $1.50 unit) .. and existing improvement disEach additional unit trict in Davis County, Utah, unit in excess of five units (each unit) . $1.00 acting through its Board of Trustees (hereinafter called the (3) For motels and transient apartments and "District). WITNESSETH: trailer parks: WHEREAS, the District has First unit $2.50 been heretofore legally created Next three units and now exists as an improve$1.50 (each unit) ment district in the nature of a Each additional unit Counin Davis in excess of four units municipal entity ty, Utah, and is presently, un$1.00 (each unit) and construction the dertaking (b) The City shall pay to the installation of disposal facili- District monthly for Churches, schools and commercial and inties; and WHEREAS, the District, at dustrial priestablishments, an election duly held for the vately or publicly owned, conto nected onto its sanitary sewer purpose, has been authorized issue $660,0Xt.00 general obliga- system, other than trailer tion bonds and $320,000.00 rev- camps and motels, on the basis enue bonds for the purpose of of water consumed on the premconstructing and installing a ises during the month as evisystem for the collection, treat- denced by the water metered to to-w- it: ment and disposition of sewage (hereinafter called the disposal facilities), which disposal facilities are to be constructed and operated in part for the benefit of the municipal corporations lying within the boundaries of the District; and WHEREAS, the District is now in the process of authorizing and selling the bonds so voted and entering into con- the City WHEREAS, such establishments, and the City shall pay to the District the sum of three dollars ($3.00) for the first 12,000 gallons or any part thereof metered to such establishment in such month, the sum of nine cents ($0.09) per 1,000 gallons for the next IS, 000 gallons so metered and the sum of seven and cents ($0.07) per gallons for all gallonage so metered to such establishments in excess of 30,000 gallons in such month, provided, however, that whenever a property tax for District purposes, of at one-ha- struction contracts for the construction of the disposal facilities; and now, lf Wholesale Liquidation Sale All Cars Must Be Sold by Aug. I960 Plymouth, 4 dr., P.S., P.B. dr P.S., P.B. dr. H.T, P.S., P.B. dr P.S., P.B. 1959 Ply Wagon, 4 1959 T. Bird, 2 1959 DeSoto, 4 1959 Simca, 4 door 1958 Chev 4 dr. 500, 1956 Plymouth, 4 2 P.S, P.B. dr, H. Top, P.S, P.B. dr. Wagon 1954 Ford, 4 dr. Sedan dr. Wagon 1954 Plymouth, 4 dr. Sedan Preece Motor Co. 570 NORTH MAIN LAYTON, UTAH Phone 37 Our t! cummer clearance Is now on. Prices slashed to new lows . . values and bar j gabs to bo had in all departments . . so shop now and get more lor your money at the (d) It is understood that n!d-yea- r, Bralls-fsrd-EIg- Girls' Sportswear lUduced to Girls Sleeve-les- S CSc to s revenue bonds, such schedule will be maintained and no increase therein will be made, but that if an increase becomes necct essary in order to permit to carry out its obligations under the aforesaid revenue bond resolution, District shall be entitled to make such increase in the aforesaid schedule as may be necessary for such purpose, provided that all increases so made shall be uniform as to charges made by District to all municipal corporations receiving sewage treatment and disposal service from District under instruments similar to this agreement. The City shall supply the District on the 15th day of each month an itemized etatement containing all factual data necessary to determine the amount due the District for the preceding calendar month, and shall on such 15th day of th month pay the District the amount' shown by such statement to be due. The District shall never have the right to demand payment of any obligation devolving on the City under this Agreement from funds raised or to be raised by taxation, and all obligations so devolving on the City shall never be construed to be a debt of the City of such kind as to require the levy and collection of a tax to discharge such obligation, it being expressly understood by the pa ties hereto that ths District shall not have th right to require the City to make any payment due hereunder from any source other than moneys received by the City from the operation of its sanitary sewer system, and that all payments to be so made hereunder shall constitute operating expenses of such sanitary sewer system; provided, however, that nothing in this paragraph contained shall be so construed as to preclude the making of such payments by the City from any money or revenues which it may have on hand available for such purpose. The City agrees and to impose such charges for services supplied by its sanitary sewer system as will make possible the prompt payment of all expenses incurred in operating and maintaining such system, including the payments due hereunder and the prompt payment of all obligations of the City payable from the revenues of such system. The City agrees that it will, during the term of this agreement, do all things necessary to the property maintenance and operation of its sanitary sewer system, and that it will keep in force at all times during the term of this agreement an ordinance requiring all ' buildings and structures in said city used for residence, commercial or industrial purposes, end which are within reasonable distance of an established sewer collection main, to be connected to such main. 4. This Agreement shall take effect from and after its execution and shall continue in force for a period of forty (40) yeara from such date or until all of the bonds of the District hereand any inabove described, bond issued to refund such bonds, shall have been fully and retired, whichever paid termination date shall be later. 5. The District is hereby granted the right to bring such suits and to institute such litigation against the City and its officials as may be necessary to require the full performance by th City of all th agree-maherein contained and all duties devolving on it under the provisions hereof, which 14. Each Rummage Table Bargains limitamandam- tion, include suit for us or injuncHon. 6. In cass by reason of fore majeur either partv hereto shall bo rendered unable, wholly or in part, to carry out it under this agreeobligaHon ment, other than the obligation of the City to mak the, payments required under the terms hereof then each such party hall give notice and full particulars of such force msjeure in writing to the other party within a reasonable time after occurrence of th event or cause relied on, end the obligations of the party giving such notice, so far as they are affected- by such force msjeure, shall be suspended during the conUnu-anc- e of the inability then claimed, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable die- - Girls Dresses Sis 1 to 14. Value to B.8S. Now . . . V Swimwear, 144 to 3X3 Ladies better summer dress- Each es, values to 17.68, now duced to 5X0 to 10X3 tops Continental Pants in Now Regular values to 8.96 pair. All sizes to aelect from Off 3.99 pair 2 for 7X0 only re- each f Ladies Afternoon Dresses A sweetheart of a dress, regular 6.90 each. Mens Now only 4X3 ea. Summer Slacks f Fine dress patterns, wash n wear fabrics. Values to 14.95 shoe pair. Now . . . 5X0 to 9X3 SALE They Must Go Mens Knit Shirts Girls' Shoes Ties, slip ons, broken sizes and values to 6.90, now patterns, 2.93 pair Ideal for school, work or play, regular 1.98 and 2.98 vslues. Clean-u- p price . . . 1.50 and 3.99 and each 2X3 Pair 40 yard Sweep Half slip, in gay pastels. Size 4 to 12. s Only 144 Blouses, assorted styles and prints and plains. Values to 5.96 each. Now . . . 1X5 to 3X5 each Clearance Summer yardage, in g values, 36 to CO inch widths, large selection. Ideal for school wear only. outstand 57c & 77c Mens Flats, pumps and heels, odd lots, big now only . . . 1.99 values, Swim Trunks Real cool savings, values to 7.00 pair. Now . . . 2X0 to 4X0 to 3.99 pr. Mens and Boys Summer Sportswear, capris and pushers. Shorts, Save now at 2 ioi 1.47 pair Boys Oxfords Famous Brands OFF Yard FAMOUS BRAND Ladies' Shoe Clearance Clearance Ladles Each 1X7 Swim Trunks REDUCED Only a few pair. Save on these 3.99 to 5.99 pr. pair Boys Knit Shirts Largs selection of patterns and styles to aelect from values to 4.95. Now . . . I or fancies. Size 2 to 8, plain 75c Only Each to 3X3 pair 1X0 ST DEPT. STORE BRAILSFORD-BIGG- S Just West ol the Light in Layton Plenty oi Free Parking Cool Where Service and Quality Are Wrapped in Every Package ng patch. The term force maje-ur- e as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of the Government of the United States or the State of Utah, insurrections, riots, epidemics, landslides, lightning earthquakes, fires, hurricanes, storms, floods, washout, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery or collection lines, partial or complete inability of the City to discharge sewage into the disposal facilities or of the District to treat and dispose of such sewage on account of any other causes not reasonably within the control of the party claiming such inability. 7. In the case of dispute between the parties hereto with respect to the amount of any payment or payments due by the City to the District hereunder and if agreement cannot be reached within 30 days after negotiations thereunto have been commenced, such disagreement shll be submitted to a board of three (8) arbitrators, one of whom shall be appointed by the City, one of whom hall be appointed by the District, and the third of whom shall be a qualified utility engineer appointed by the other two persons so appointed. Should the two persons appointed, respectively by the City and the District be unable to agree upon the third member of the arbitration board within 15 days after their appointment, such third member shall be designated by the Judge of the Federal District Court of the District in which Davis County is located. The compensation of such arbitrators shall be borne equally by the City and the District. In the event of such arbitration no interruption of service shall occur pending such arbitration, but during the period consumed by suen arbitration ths City shall pay to the District the amounts claimed by the District end upon completion of such arbitration adjustment shall be made in such manner that the amounts agreed upon by th arbitrators shall be retroactive to the commencement of such arbitration and reimbursement shall bo made to the City, if any reimbursement is found to bo due. 8. The City agrees that it will keep and maintain, separate and apart from all other City records and accounts, complete records and account pertaining to the operation of its sanitary ewer system, the numbers end type of premises connected thereto, and the amounts billed to the owners or occupants of all such premises for sewer Services rendered by the City, and that such records shall be A 4 for all the family at greatly reduced prices. I Ladle quality and fit, broken sizes and pattern. 15 Save up to 50 to $1.33 Dia-tri- rates odds and Mens Famous Lines rific values . . . the charges above fixed are to be regarded as an initial schedule of charges and that so long as such charges produce, together with the other legally available revenues of District, funds sufficient to permit District to carry out all obligaUons required by Districts resolution authorizing tht issuance of its dtar, ends, broken sisea of ahorta, pushers and swim suit. Ter- Bioases Sis gs Dept. Store In Layton ust west ol the bank. - t require special treatment or to consHtute an unusual and abnormal burden on the disposal facilities, such additional charges shall be paid therefor by the City as may be agreed upon between the City and the District, and rates for facilities not hereinabove covered will be set by mutual agreement of District and City. suits may, but without 1956 Mercury, 2 dr. H. Top. 1955 Buick, 4 31 gtl-lona-ge nt p, 1957 Mercury, 4 dr., H. Top. 1957 Ford ad a sanitary sewer system for the purpose of collecting sanitary sewage from the premises in the City, but does not have adequate facilities for the treatment and disposal of the sewage so collected and desires to connect its aforesaid system with the disposal facilities to be constructed by the District and to enter into an agreement pursuant to which such sewage will be treated and disposed of by the District through tbs medium of such facilities: NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree, covenant and contract as follows, owns and operates wi AN ORDINANCE APPROVING AND ADOPTING A b T leact ana mill et more and levied against the open to inspection by the District, its officials, attorneys and accountants, at all reasonable times. The City further agrees that not later than 60 days after the conclusion of each of its fiscal years it will supply to the District a complete operating statement covering the operation of its sanitary sewer system during such fiscal year, which statement shall show the number and types of premises connected to its sanitary sewer system in each month of the fiscal year, the amounts billed each occupant or owner of premises connected to such system during such fiscal year, the operating receipts and disbursements of such system during such fiscal year, and as to churches, schools and commercial and industrial establishments, other than trailer camps and motels, the amounts of water metered to such establishments in each month of the fiscal year. If the District shall be dissatisfied with the accuracy or completeness of any such annual report, it shall be entitled to require the City, at the expense of the City, to have an audit of Its books and records pertaining to its sanitary sewer system made by a certified public accountant of recognized standing, which audit shall contain as a minimum the items hereinabove set forth and shall be delivered to the District 9. It is recognized by the parthe holders ties hereto from time to time of the revenue bonds of the District hereinabove referred to are dependent in large part for the payment of their bonds on the revenues to be derived by the District from payments to be made under this agreement and under similar agreements entered into by the District with other It is municipal corporations. therefore agreed that after the issuance of any such revenue bonds any change which may be made in the provisions of this agreement by mutual consent of the City and the District can be required to be rescinded by written instrument or instruments signed by the holders of sixty percent (60) in principal amount of such revenue bonds then outstanding, filed with the Clerk of the City and with the Clerk of the District, and that in the event of any conflict between the provisions of this agreement and the provisions of the proceedings authorizing the issuance of such revenue bonds, the provisions of such proceedings shall be controlling. 10. Any notices desired to be served hereunder by the City on the District shall be regarded as effectively delivered if mailed to the District, addressed to it at its office in Kaysville City Hall, Kaysville, Utah, or at such changed ad that dress as may from tim to time be given to the City in writing by the District; and similarly any notices desired to be served hereunder by the District on the City shall be regarded as effectively delivered if mailed to the City, addressed to it at the City Hall, Kaysville, Utah. 11. If any one or more provisions of this agreement shall ever be held by a Court of competent jurisdiction to be invalid or ineffective for any reason, the remaining provision's of this agreement shall nevertheless remain in full force and effect. IN WITNESS WHEREOF, the parties hereto, acting in each case under authority of a proper Ordinance or Resolution thereunto enabling have caused this Agreement to be duly executed in several counterparts each of which shall constitute an original, all as of the day and year first above Real Estate For Sale 13 living at Looking for Livability, indoor-outdoits best Mountain View, Lake View take your pick, Canyon brick with Parties in your our back yard. It's a y full basement, 2 separate heating units, beautiful bath, upstairs, fireplaces up and down, covered deck and attached garage, lot of 124 feet x 118 feet, located at 6 South 760 East, Shown by Appointment only. KAYSVILLE tri-w'a- ar OPEN HOUSE ON SATURDAY AND SUNDAY 7, 10 a.m., till dark. Call LEE SAGE 87 ALSO IN KAYSVILLE, new 3 bedroom brick with full basement and carport, built in GE Range and oven, a steal at $14,50f new home with small FHA down payment. EXCELLENT Bldg, lot in Layton on North Fort Lane, 80x164 all utilities. Davis County Realty and Construction written. South Main, Layton Office Phone 37 C. G. Tice, Broker 175 CITY OF KAYSVILLE By J. C. Linford, Mayor ATTEST: Josephine Leavitt, City Recorder (SEAL) CENTRAL DAVIS COUNTY SEWER DISTRICT By J. C. Linford, Chairman, Board of Trustees ATTEST: William C. Rigby, Clerk of Board of Trustees (SEAL) 2. That the Mayor and City Recorder of Kaysville City, be and they are hereby authorized and directed to make, execute and deliver, for and in behalf of Kaysville City, the contract referred to in Section 1 hereof, and execution of said contract by such officials shall constitute an official act of said Kaysville City. 3. That in th opinion of the City Council of said City this Ordinance is necessary for the immediate preeervation, health and safety of Kaysville City, and the inhabitants thereof, therefore, this Ordinance shall take effect upon passage and adoption, and upon being deposited in the office of the City Recorder, and posted in three (3) separate public places within the corporate limits of said Kaysville City, Utah, and upon being published once in the Davie County Reflex, a newspaper published in Kaysville City, Utah. PASSED AND ADOPTED by the City Council of Kaysville City, Davis County, Utah, this 1st day of August, 1960. J. C. Linford, Mayor ATTEST: Josephine Leavitt, City Recorder. Published in Th Weekly Reflex August 4, 1960t August 6 and Walt Johnson Lee Sage 37 37 Notary Public NEW HOMES for $14,300.00 with no down payment on G.L Loans . . . Loan Cost only. 3 Bdrm, full basement, bath and half. Located in Church Street Sub., Layton. Immediate possession to qualified buyers. brick, carport, buy equity and assume existing GI Loa with payments of $0!.ro per month, home is only 2 year old . . Chain link fence. See this one today. 3 BDRM . KAYSVILLE 2 bdrm home, large corner lot with several fruit trees, located on 2nd East. Priced at $12,900.00 . . . Terms can be arranged. LAYTON 2 bdrm, full basement, large lot, attached garsge . . Immediate possession. See and make offer as to down payment and monthly payments . . . LAYTON 3 bdrm brick, carport, L.R., carpet and drapes Terms as owner will carry contract. . . LAYTON 4 bdrm masonry home with double garage. Large corner lot., bath and half, asking $13,250.00. LAYTON Exceptionally nice 2 bdrm home with beautiful landscaped lot. Home can be financed FHA with as little as $350.00 down plus loan cost. OPEN HOUSE 1 P.M. TILL $ P.M. SUNDAY FROM Julie Drive, Layton 3 Bdrm East on Gsntils to Aircraft and follow Open House 630 Go Tri-Lev- Sign- - You can buy equity and assume existing loan with payment of $106.00 per month. Possession to be arranged within weeks if desired. See this one SUNDAY. SANDERS' REALTY 197 N. Main, Layton Phone 37 47 M |