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Show SOUTHWEST SECTION Queen Michael Olson Wednesday, March 24, 1982, page 5 JJaQstm QUjnmicl contest r Saturday Santaquin's first queen contest in several years will be held Saturday evening, March 27th, beginning at 7:30, in the Santa-qui- n School auditorium. The event is being sponsored bv Wksatch Bank with Pat Netf, Eileen Cloward, Judy Gonzales, and Emmy Christiansen combining efforts to get everything organized. A one dollar donation will be accepted at the door. Besides the fifteen entrants listed in last week's CHRONICLE, two other girls have signed up for the competition: Brenda Lyn Lerwill and Tammy Conzales. WBneim M Brenda Lyn Lerwill Brenda Lyn Lerwill is the daughter of Lynn and Penny Lerwill. She loves the outdoors and hopes education in to further her travels fast secretarial work. Water agreement scrutinized Councilman Sherman Jones, during last week's Santaquin City Council Meeting, asked that a letter from Attorney Robert C. Fillerup be included in the minutes for the meeting. The letter has to do with research the attorney has been doing concerning a agreement between Cenola and Santaquin regarding water delivered from Santaquin to Cenola for culinary purposes. The water agreement was first made in August of 1936 and specified that Cenola pay "$30 annually to Santaquin for the maintenance and upkeep of the long-standi- water Santaquin system," according to Fillerup' s letter. The letter also indicates that in 1936, Cenola paid Santaquih $2,500 cash and transferred sixty shares of Summit Creek Irrigation and Canal Stock to Santaquin City along with the maintenance fee to annual acquire 100 gallons per minute of culinary water delivered to the northwest part of Santaquin, with Cenola putting in lines to conduct, the water to Cenola town limits. The letter states, "Both Cenola and Santaquin passed appropriate resolutions their respective authorizing officials to execute the tract." The letter continues, con- "After the contract was executed, however, the citizens of Santaquin, many of whom owned stock in the irrigation company, pressured city officials to rescind the agreement. Apparently the irrigation company at that time was unable to deliver sufficient irrigation water for the needs of its shareholders, and those shareholders who were Santaquin City residents per- ceived that the agreement between Santaquin City and Cenola would further tax the water resources available to them. Santaquin officials acceeded to the pressure and attempted contract. to Cenola, rescind the which had expended approximately and $45,000 in designing constructing its water system in accordance with the Santaquin contract, tendered the amounts owing under the agreement, together with the irrigation company shares. Upon Santaquin's refusal to accept the same and connect the Cenola system, Cenola brought suit." Santaquin lost the law suit. "The Supreme Court specifically held that the exchange of Santaquin's 100 gallons per minute of culinary water for 60 shares of irrigation company stock, together with the additional monetary amounts, constituted an equal exchange within the meaning of the constitutional provision." The question now is whether the $30 per year is an adequate sum to compensate for supplying the water, or for helping keep up the system. The letter points out that the provision of the 1936 especially agreement under scrutiny is that which states, "It is further understood and agreed between the parties hereto that the town of Cenola will pay to the city of Santaquin annually the sum of $30 for the maintenance and upkeep of the said Santaquin water system." Attorney Fillerup seems to think there is a debatable question as to whether the $30 was meant to indicate a perpetual sum for upkeep per year, or whether a modern court would rule that $30 is not an adequate sum for the times. His letter notes that the $30 was based on costs during the Depression, and that those involved in the negotiations would hardly foresee the kinds of increases that have actually occurred in costs for operating a water system. Attorney Fillerup indicates he feels the $30 is inadequate and gives Cenola a windfall at Santaquin's expense. "The law should not and does not countenance unjust enrichment," his letter adds. His letter suggests that a court might interpret the agreement such that Cenola be required to pay its fair share of the maintenance and upkeep of that part of the Santaquin system which is necessary to deliver Genola's 100 gallons per minute to the connection. The letter continues, "There are at least two other possible grounds upon which a court might relieve Santaquin of its obligation to accept a mere $30 from Cenola. First, if a party's Derformance of a contractual obligation has become IN THE WILDERNESS OPINION upkeep of Santaquin's water system per year. And wouldn't want to pretend that know how valid the 1936 agreement is in Santaquin water system. In this regard. But I would like to return, Cenola receives 100 say that $30 per year for such gallons per minute of culinary service is absurd. water from the Santaquin water As Santaquin's attorney in the system. In 1936, an agreement research of this agreement says, went into effect in which Genola the two towns should get paid $2,500 in cash and trans- together and work out a reasonferred sixty shares of irrigation able agreement. stock to Santaquin, along with Both sides would do well to agreeing to pay $30 per year for upkeep of Santaquin's water keep in mind this quote from system, in return for that 100 Thomas Hughes: "He never gallons of water per minute wants anything but what's right and fair; only when you come to perpetually. wouldn't want to suggest settle what's right and fair, it's what would be a fair amount for everything that he wants and Cenola to pay for its share of the nothing that you want." at I I I Because of equipment changes taking place between now and March 26th, Payson customers will have to dial all seven digits instead of the five theyre used to. This change may not affect you right away. But you can still begin dialing the seven digit numbers now. And if you would like more information about the changes in your phone service, call our business office. Well be happy to tell you about the changes where good news travels fast. possible for Santaquin, in light jof modern economic conditions, to continue to deliver the required amount of water to Cenola for a maintenance fee of a mere $30 annually." And the letter continues further, "Finally, a weaker argument could be made that if Cenola is allowed to continue to pay only $30 for maintenance of the system, the exchange of water rights originally contemplated in 1936 is no longer an "equal" exchange and therefore violates the Utah Constitution." The letter also mentions an unverified agreement made in 1977 that supposedly indicated Cenola would supply additional help in paying for the water. Attorney Fillerup's Mountain Bell letter suggests that the councils of Cenola and Santaquin, along with respective attorneys, meet to work out a solution short of litigation. First Security pays me 14 on my IMA Savings Plan. Tax-Deferr- ed fV im- possible by virtue of unforeseen circumstances over which he has no control, a court may relieve the party of the obligation in question. A persuasive argument could be made that it is im- - A VOICE According to recent discussion Santaquin City Council Meeting, Cenola pays Santaquin $30 per year to help keep up the dnannges, good mews it Tammy Gonzales Gonzales is the Tammy of Robert and Emma daughter Conzales. She likes sports and wants to work with children. rames . . .and my contributions you dont have to pay the At First Security, annual sum in one payment, although certainly an option. You can also make periodic deposits every month, or double up on deposits, whatever is most convenient for you. Monthly, by payroll deduction or automatic transfer. The more you save, the more interest youll earn. We can arrange it your way. that is AND ITS ALL TAX-DEFERRE- can be made automatically. SEE HOW YOUR IRA SAVINGS GROW You pay no fees and your funds are insured. There is substantial interest penalty for early withdrawal. D Every dollar you contribute to your IRA fund each year can be deducted from your Federal Taxable Income. And all the interest that First until you Security pays you is also withdraw the money. tax-deferr- ed Open your account today 14 per annum, current fixed rate, for a period of 18 months. Minimum opening deposit of $500. Additions in any amount, or choose from three other IRA savings plans. amount specified is made annually at the beginning of each tax year and that' the interest accumulates and is compounded quarterly. DOUBLE the dollar figures above for married couples (if both work) who together contribute $2, 000 each ($4, 000 total) annually. INCREASE amounts by for a married couple ( with a non- - working spouse) who contribute $2, 250 annually. First Security Banks Each affiliate bank of First Security Corporation is a member of FD1C. Each depositor's account is insured to $100,000 by FDIC. h |