Show THE CASAL i between ogden city and the dear bear river canal company for the benefit of our readers who are greatly interested in the present troubles in athe athe canal company lie the first water mater proposition aa accept accepted edby by the city council june on the of ita its committee and the contract betA between entil the ct chiv and d the canal company as I 1 ac efi apted rn for or signature july are given below THE proposition the undersigned undersigner under signed members of the special committee to vi whom hoin waa was referred the water question bg leave to recommend the immediate acea acceptance of the proposition made by J it bothwell Coth well fir lr f ir the beir bear kiver canal company wh ch cb will secure ui us the imm immediate ed we construction of a first class water system to be approved by the city A conduit irom near winslows Win slows to the mouth of the canyon which will place the whole of 0 den river at our command and within a year r e empty the east br branch anch of t the lie aa bear e a r int kiver taw r adequate to supply the irrigating ditches now supplied by oden river into raid eald river within the city limits under bonds acceptable to the tile city dorthis for this work the canal are to receive the rentals at a price aprice to be fixed by them and the city at a charee charge not to exceed the present the city is to have tall full control of the tile auditing of all bills and bide bids ec we for 10 laor or and material with a perpetual right to buy the entire distributing system at coat cost by an issue to the company at a rate not to exceed 0 per cent of the water works bonds provided eaid bonds shall be legal tha the city is to have the tile right when they purchase the works to buy a part or adlof all of oden ogden river from th the e ca canal nal company corn cany at a price to be established d by arbitration and not to exceed the capitalized value of four percent per cent on the ratio and basis of the tile net rentals of their portion pori ion of the water for the year preceding that in which the purchase la is c completed the city to have free access by its officer at all times to all matters relating to this proposition to the books of the company kept in their office in oden ogden aft cita dihe the company bind themselves to sell to the city as above stated sn in quantities titles needed when the city nan bivs ave the distributing system chev are are obliged to pay tho the company in three annual installments without interest for alje ali perpetual use of the conduit as above stated and must thereafter pay their portion of keeping the conduit in the colopny to have the usa use of the city watt wit with tho the distributing system belonging to them at a consideration to be named hereafter we further recommend that our city attorney lie be instructed to draw dr iw up a suitable contra t with air mr bothwell respectfully submitted i tied II 11 1 L GRIFFIN A 0 FELL WM 0 it HAKK 1 TUB TUC john it 11 bothwell undertakes and promises that bear river immediately be diverted from its present channel in the canyon canyan through which it flaws from cache valley into salt lake valley ard and all the waters thereof distributed by a complete system of canah canals and lateral ditches over and upon the arid and I 1 lands ands lying in this valley north of ogdan and nod also one branch thereof flowing and coming from about the hot ilot springs and extending and coursing through weber county to a point on YB Y B ogden river at about parrs woolen i mills mille and that the diversion bo be complete and the waters ready rea ly for we use on the lanch lands within its territory on or before J july uly 1 1890 and tEAs tee too car carrying ying out of each such an enterprise would be pr provocative of excellent remits results for ogden now therefore there fure this his agreement wit neewa that oad n city in consideration of the foregoing and of the further advantages adv antares to it accruing f ona om the covenant i hereinafter set out to be performed by said bothwell Bolh well grants to turn him the right to furnish water to said city and its inhabitants and the vee tire of Us its street 4 fr the carpl of laying water pipes for the system hereinafter mentioned 1 ovidea the excavations thereof shall 31 jail be carried on Ekil fully by blocks and when commenced shall be c completed im with reasonable dispatch and such street thereupon be left in as good condition as before the excavation ca and only sudi such pirt shall be used as is absolutely necessary mry and aa as shall be designated by the city engi nr pr further that upon the completion and operate n of the system within the tune time designated that in consideration of the thebe berie fits and advantages herein secured to said city the city will lease to him for the full time that bothwell or assigns ass gus furnishes water ii ater through this ovaleen for municipal pui purposes poses the right now owned by it for far an annual rental of fl 11 an and paid john R bothwell in co con n side aaion of the grants and brivil egos accorded herein by ogden city promises and agrees as follows I 1 that the bear river shall bo be di averted and distributed as set out in in the preamble hereto 11 II that within one year from the dae dale hereof he or assigns will have in in ore operation ration a complete distributive water ry system stern furnishing furnish ng this city and her it sr inhabitants a 06 plentiful ful and ample supply of wa water er suitable for domestic purposes continuously from the mountain immedi immediately atAy east hereof and part of said system will have c on pad pa d date a conduit commencing in in ogden oad n canyon at a sufficient elevation and made of size size sufficient to convey the flow of ogden riv river anil terminating at month of canyon and from the terminus thereof a supply mainor main or mainson mains of diameter to convey an abundance of water for all purposes aa as contemplated by this contract to the inter section of pierce avenue and T twenty enty fifth street and from theme thence the distribution trib ri ution shall be byll by fi stclay st class cast irm iron pipes upon the streets and in the minner manner designated in in map it reto at sched marked exhibit A and made a part hereof and to approval of city engineer n gincer and will extend the same as baat a t aa as adjoining property owners pro luce revenue equaling 8 percent cost of if exten extensions ons provided such ex te tens ie te approved by city ard arid sufficient water shall always be at the cn command md of the inhabitants innab tants to fur nish lish gallons per day lay per capita and eaid said bothwell further agrees that on or before june 1 1890 he will have not 1 ss than 59 per cent of system for operation III that he lie will w ill supply and establish all th fire hydrants that said city may from time to time require of a mar style ty aad and quality to be approved and at such places aa as shall be designated by the city I 1 IV V to in view of the contemplated purchase by the city she may exercise exercise the right of examining bids and bills rendered against said john it bothwell or ae aligns signs and if d bemp d excessive or uncalled fir fr shall sate th the s same me and such objections shall be preen preened pre ened fed ard and maintained V ogden is given the right at any time at its option 0 tion to pure lase isse the en tire d system emanating from the mouth of conduit at the original coat of construct con I 1 n a and 13 d may way pay for the same in cash of or in in 0 6 per c ait bonds of the cit C ity provided they b bo 0 legal a d vail vali I VI li I 1 1 I cue cite of the pur chae of the sir eystein stem as r pet ret et birth in sec V then he the cita shall have the right at a inq it op opar tin n to also purchase 1 fr rm OT said Joh jolin rill II 11 rothwell Doth well or ade igoa all or such portion of th thi water of the oden river a ai alie be shall el ct at a I 1 pric to b bi i by a arb rbt ration a ai I 1 foeloa follows 0 edn oed in city to select s lect one arbitrator r john it Boil mell or assigns to sel ct ore and in event of their tailing failing to agree then tle tl ey to select a third and tha the det determination ermint of such a majority of baird shall be the price to ba pid paid prodded that such price shall not exceed ilin capitalized d avalne a at t 5 per rent ent on the barn basis of t the he net r rentals e n t a a of the tile water A ater supplied by paid said system for fr 0 the year prece proceeding eding that of the purchase e exclusive of w water ater issued from cifa cay VII vil As asa a ond c itlen precedent to the par purchase chase of any tiny of the plant of sul I bothwell or assign f ogdon cil city mut mu t firt first pay to him him or them 0 VI I 1 i in not 10 exceed ihrer lire or equal annual i installments ament lm ent without interest for the perpetual use of the conduit aforesaid iad and in in tha that event site will th keaffer pay her jast just proportion of keeping the same in re repair pair VIII vill ahat ha t he will construct at such time as the city shall hereafter require the same to be done a complete farat clam i system of dis distributing tribu ling pipes ipe and fi fl e hydrants for that part 0 of the the city lying above pierce avenue and in in connection with the water from strongs and waterfall canyons cai ca yona IX that he lie will commence work beleu hereunder n der immediately imm upon the ex acut on and delivery of I 1 his contract it is in d and agreed that fhe rho rateb and rentals charged by john it bothwell and im big assigns phill shall not exceed the attached schedule for city purposes and shall not exceed DO 10 per cent of the present rates to ot other er con consonero somero and in in three years ait there ere shall be a further rf n of 10 per cent c nt and in six at x years another reduction of 10 per cent th a contract rhal r h al 1 not fo go rr into nto effect until bonds in sum of are executed by said jilin K R bothwell or assigns approved by and delivered to the city conditioned d for lie the faithful performance of his covenants herein ard far the continued supply of water as berin herin contemplated |