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Show in the Association shall not ex- j ceed the sum of $19,950. In the evenirthr" District-falls to pay to the Association any of said sums or charges, the Association Associa-tion may take and exercise, and is hereby given the right to take and exercise, any and all lawful means available to It by law or contract to enforce payment by the District of the amount which is owing to the Association. The District recognizes and acknowledges ac-knowledges all the rights and remedies rem-edies vested in the United States by the Association-Government contract as heretofore or hereafter hereaf-ter amended and supplemented for the enforcement of the payment by the District of the sums, charges, char-ges, calls and or assessments due the Association under this contract. con-tract. 6. This contract is amendatory of tnat certain subscription contract con-tract between the District and the Association dated March 15, 1938, and said contract and all provisions provis-ions thereof shall remain in full force and effect except as herein modified. 7. An action or proceeding satisfactory sat-isfactory to the Secretary of the Interior shall be brought promptly for the judicial confirmation of this contract in the manner provided provi-ded by law and the Statutes of the State of Utah. The District shall furnish the Association a certified copy of the proceedings for confirmation including the decree de-cree entered in said proceedings The Association and the United States shall be under no obligation obligat-ion to take or continue any action under this or said Association--Government contract, as supplemented supple-mented and amended, until this contract has been judicially confirmed con-firmed in a manner satisfactory to the Secretary of the Interior as herein required. 8. The provisions of this agreement agree-ment shall apply to and bind the successors and assigns of the respective re-spective parties. IN WITNESS WHEREOF, the parties hereto have signed their names the day and year first a-bove a-bove written. i METROPOLITAN WATER DISTRICT DIST-RICT OF PLEASANT GROVE- LINDQN By . Chairman of its Board of Directors Direct-ors ATTEST (SEAL) Secretary PROVO RIVER WATER USERS' ASSOCIATION By President ATTEST (SEAL) Secretary Section 2. That the making of said amendatory subscription contract con-tract is convenient and necessary to the carrying out of the objects and purposes of the District and thereby there will be created an indebtedness and obligation to sat isfy whiclLwill require a- greater expenditure than the ordinary an- j nual income- and revenue of the district will permit Section S. That the statements pf fact contained in the said amendatory amen-datory subscription contract are true. Section 4. That the indebtedness indebted-ness to be incurred under the said contract is repayable in forty e-qual e-qual annual installmenta, without interest, commencing upon completion com-pletion of the Deer Creek Division of the Provo River Project, or up-on up-on the expenditure by the United States of the estimated cost, as specified therein. Section 5. That the objects and purposes of the making of said contract are, and the interest of the District and the public interest inter-est and necessity demand, by those means the acquisition and development of a water supply for the District, all as provided for by the Metropolitan Water District Act( Title 100, Chapter 10, Utah Code Annotated, 1943), and, Section 6. It is ordered that the proposal to make said amendatory subscription contract be submitted to such qualified electors of the District as have paid a property tax in the year preceeding at an election to be held for that purpose. pur-pose. Section 7. That such election to be held in the District on the 4th day of December, 1946. Section 8.- That the polls for the election shall open at 7 A. M. and shall close at 8 P. M. Section 9. That the ballot used at such election shall contain the words : SPECIAL WATER ELECTION METROPOLITAN WATER DISTRICT DIST-RICT OF PLEASANT GROVE-LINDON GROVE-LINDON December 4, 1946 Proposition : Shall the Metropolitan Water Wat-er District of Pleasant Grove-Lindon Grove-Lindon be authorized to enter into an amendatory subscription subscript-ion contract with the Provo River Water Users' Association Associat-ion for the purpose of continuing contin-uing construction of the Deer Creek Division of the Provo River Project ior acquiring a water 'supply for District, ,. m terms and conditions set forth in the ordinance by which this election is called ? YES CZj NO I! The voter shall indicate his vote in favor of the proposition by making a cross (X) in the square marked "YES", and against it by making a cross (X) in the square marked "NO". Section 10. That the polling place for the election hereby called cal-led shall be at the City Hall in Pleasant Grove City, Utah. Section 11. That the following named persons, all electors resid ing within said district shall be, and they hereby are, appointed judges of election, one of whom shall act as clerk, and such named nam-ed persons shall constitute the board of election for such polling place, to wit: Earl Loader, James Jam-es Nelson, and Joseph D. Wadley. Section 12. That the compensation compen-sation to be paid by the District ' to each of the said judges of election ele-ction shall be $7.00. Section 13. That all qualified electors who have paid a property proper-ty tax within the preceeding year, and who reside in voting districts 2, 3 A 4, Pleasant Grove Precinct, which districts comprise the territory terri-tory embraced within the limits of Pleasant Grove City, Utah and Lindon Town, Utah, shall be permitted per-mitted to vote, and shall vote at the polling place specified in Section Sect-ion ltt hereof, '-.-... Section 14. It shall be the duty of the Secretary of the Metropolitan Metropoli-tan Water District of Pleasant Grove-Lindon to cause to be printed prin-ted the ballots herein provided for, and he shall cause the same to be authenticated with facsim-ilies facsim-ilies of his signature; he shall deliver de-liver to the judges of election sufficient suf-ficient ballots and other supplies to meet the requirements and shall do all other things to carry out said election required of him by the election laws of Utah and this ordinance, and, among other things, he shall cause a copy of this ordinance to be posted in conspicuous con-spicuous position in the polling place and in each voting booth. Section 15. That this ordinance shall be published once in the Pleasant Grove Review, a newspaper news-paper of general circulation published pub-lished in Pleasant Grove City, Utah Ut-ah at least 10 days before the date of the election hereby called. PASSED BY THE BOARD OF DIRECTORS OF THE METROPOLITAN METRO-POLITAN WATER DISTRICT OF PLEASANT GROVE LIN-' LIN-' DON this 9th day of November, A. D. 1946. LEO P. HARVEY, Chairman of the Board of Directors Dir-ectors of the Metropolitan Water Wat-er District of Pleasant Grove-Lindon. Grove-Lindon. Attest: JOSEPH A. CHRISTIANSEN Secretary of the Metropolitan Water District of Pleasant Grove-Lindon. (Seal) State of Utah County of Utah ) SS I, Joseph A. Christiansen, secretary secre-tary of Metropolitan Water District Dist-rict of Pleasant Grove-Lindon do hereby certify that the above is a true, full and correct copy of an Ordinance passed unanimously by the Board of Directors of Metropolitan Metro-politan Water District of Pleasant Grove-Lindon at a meeting of said board held on the 9th day of November, Nov-ember, A. D. 1946. JOSEPH A. CHRISTIANSEN NOTICE ORDINANCE WHEREAS, on the 2nd day of December, 1937, the Board of Directors Dir-ectors of the Metropolitan Water District of Pleasant Grove-Lindon, j referred to hereinafter as the Dist-'rict, Dist-'rict, acting pursuant to, and in accordance with the provisions of the Metropolitan Water District Act, (Chapter 110, Laws of Utah, 1935), by Ordinance ascertained and determined that the interest of the District and the public interest in-terest and necessity demanded making of a contract between the District and the Provo River Water Wat-er Users' Association, and, WHEREAS, it was declared by said ordinance, and it was the fact, that the making of said contract con-tract was convenient and necessary necess-ary for the carrying out of the objects and purposes of the District, Dist-rict, and that the interests of the District and the public interest and necessity demanded by that means the acquisition and development of a water supply, as provided by Section 3 of the Metropolitan Water District Act, and, WHEREAS, It was ordered by the said ordinance that the proposal pro-posal to make the said contract for the objects and purposes a-foresaid a-foresaid be submitted to the qualified qual-ified electors of the District who had paid a property tax in the year preceeding, at an election to be held, and whifh was held on the 17 day of December, 1937, and, WHEREAS, a majority of the qualified electors of the District who voted at said election on the proposal to make said contract voted in favor thereof, and the District was thereupon authorized to, and accordingly did, enter into a contract with the Provo River Water Users' Association where-I where-I by the District subscribed ror Five Hundred shares its capital stock, and so became entitled to per cent of the water supply to be developed de-veloped by the construction of the Deer Creek Division of the Provo River Project of the United States Bureau of Reclamation at an estimated esti-mated total cost of $7,600,000.00, and, " WHEREAS, the effect of war and general economic conditions during it and since have made it impossible to complete the Deer Creek Division of the Provo River Project except by the expenditure of $3,800,000.00, as now estimated, in addition to the amount originally origin-ally estimated, and, WHEREAS, the United States will not expend additional a-mounts a-mounts of money on the Deer Creek Division of the Provo River Project unless the amendatory contract hereinafter set forth is entered into by the District, and similiar amendatory contracts entered into by other subscribers to the Provo River Water Users' Association, and, WHEREAS, the Interests of the District ' and the public interest and necessity which demanded the making of the contract authorized at said election of December 17, 1937 are even more immediate and pressing now than at that time, and demand that they be no delay in the construction of the Deer Creek Division of the Provo River Project, NOW THEREFOR, the Board of Directors of the Metropolitan Water District of Pleasant Grove-Lindon, Grove-Lindon, for and on behalf of the District, does hereby ordain and determine as follows: Section 1. That the interests of the Metropolitan Water District of Pleasant Grove-Lindon and the publie Interest and necessity- demand de-mand ihejnaking of an amendatory amend-atory subscription contracFbetw-een contracFbetw-een the Metroplition Water District Dist-rict of Pleasant Grove-Lindon and the Provo River Water Users' Association, As-sociation, a corporation of Utah, of the following form and effect, to-wit: PROVO RD7ER PROJECT-DEER CREEK DIVISION - UTAH A-MENDATORY A-MENDATORY SUBSCRIPTION CONTRACT BETWEEN METROPOLITAN MET-ROPOLITAN WATER DISTRICT DIST-RICT OF PLEASANT GROVE-LINDON GROVE-LINDON AND THE PROVO RTVER WATER USERS' ASSOCIATION. AS-SOCIATION. THIS AMENDATORY CONTRACT, CON-TRACT, Made this day of , 194, between the METROPOLITAN WATER DISTRICT OF. PLEASANT GROVE-LINDON, -a public corporation, corpor-ation, organized and existing under un-der the laws of the State of Utah, with its principal office at Pleasant Pleas-ant Grove, Utah, hereinafter referred re-ferred to as the District, and the PROVO RIVER WATER USERS' ASSOCIATION, a corporation, organized or-ganized and existing under the laws of the State of Utah, with its principal office at Provo, Utah, hereinafter referred to as the Association, As-sociation, WITNESSETH: 2. WHEREAS, the Association and the United States entered into in-to that certain contract dated June 27, 1936, as amended by the contract of July 3, 1937, hereinafter herein-after referred to as the Association-Government contract, for the construction of what is commonly known as the Deer Creek Division of the Provo River Project, providing pro-viding that the maximum liability of the Association shall be Seven Million Six Hundred Thousand Dollars ($7,600,000.00); and 3. WHEREAS, the District and the Association entered into that certain subscription contract dated dat-ed March 15, 1938, whereby the District subscribed for 500 shares of stock of the Association and a-greed, a-greed, to pay the full purchase price of said shares of stock, which is that proportion, as in said contract provided, of the total sums and charges required to be paid by the Association to the United States under the Association-Government contract, and 4. WHEREAS, the Association-Government contract has been amended by that certain contract dated 1-- , 194, whereby the maximum liability of the Association has been increased from Seven Million Six Hundred Th6usand Dollars ($7,600,000.00) to Eleven Million Four Hundred Thousand Dollars ($11,400,000.00). 5. NOW, THEREFOR, in consideration con-sideration of the premises and the stipulations herein contained, it is mutually agreed between the parties par-ties hereto that said subscription contract between the District and the Association, dated March 15K 1938, be, and the same is hereby amended a follows: Article 15 of the subscription contract of March j 15, 1938, is amended to read as follows: INDEBTEDNESS ASSUMED 15. Anything herein to the contrary notwithstanding, it is a-greed a-greed that the total aggregate liability of the District for payment pay-ment under the terms of this contract con-tract (a) To the Association, for the purchase price of the stock of the District in the Association shall not exceed the sum of $57,000; and (b) To the Association, on account ac-count of the default of some other oth-er stockholders in the payment of the purchase price of the stock of such other stockholders |