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Show Legal Koikes The City Council of tho City of Pleasant Grove, Utah County, Ut-ah Ut-ah met in regularly : djoiiiaied :,es-.sion :,es-.sion at its na-'iil.i.r meeting place in City Hall in sa.d City at 7 :.';!) o'c lock I'. .M. on the l.st (lay of November Hi 18, with all members of the Council present, to wit: Harvey Smith Mayor Niels Filial, Councilman .lolm S. Creen. Councilman Harold A. .Smith, Councilman Robert MarroU., Councilman A. IJ. Cib.son, Councilman Harold H. l'.nllock, City Recorder Alter flic meeting- hail been duly called to order and I he minutes of the preceding meeting read and approved, the following initiative petition was presented, to tho council coun-cil by the City Recorder: INITIATIVE petition To the Honorable Harold H. Bullock, Bull-ock, Recorder City of Pleasant Grove Pleasant Grove, Utah: We the undersigned citizens and legal voters of the State of Utah and City of Pleasant Grove, respectfully res-pectfully demand that the following follow-ing proposed ordinance, to wit: ORDINANCE AN ORDINANCE PROVIDING FOR THE CONSTRUCTION dF A SEWER SYSTEM AND EXTENSIONS EX-TENSIONS AND IMPROVEMENTS IMPROVE-MENTS TO THE WATER PLANT AND SYSTEM OF PLEASANT GROVE CITY, THE WHOLE TO CONSTITUTE CONSTIT-UTE A MUNICIPALLY OWNED OWN-ED UTILITY TO CONSIST OF A SEWER SYSTEM AND WATER WA-TER PLANT AND SYSTEM; AUTHORIZING AND PROVIDING PROVID-ING FOR THE ISSUANCE OF $215,000 WATER AND SEWER REVENUE BONDS OF SAID CITY FOR THE PURPOSE OF DEFRAYING THE COST OF THE ACQUISITION OF SUCH SYSTEM, EXTENSIONS AND IMPROVEMENTS; PRESCRIBING PRESCRIB-ING THE FORM AND OTHER DETAILS OF SAID BONDS; PROVIDING FOR THE SALE THEREOF; PROVIDING FOR THE COLLECTION AND DISPOSITION DIS-POSITION OF THE REVENUES REVEN-UES OF SAID UTILITY; MAKING MAK-ING OTHER PROVISIONS WITH RESPECT TO THE OPERATION OP-ERATION OF SAID UTILITY AND THE ISSUANCE OF SAID BONDS, AND PROVIDING FOR THE PAYMENT OF SAID : BONDS. WHEREAS Pleasant Grove City now owns and operates a complete water plant and system for the piirpose of suppying water to the city and its inhabitants and the inhabitants of the territory adjacent ad-jacent thereto, and desires to acquire ac-quire a sewer system for the purpose pur-pose of supplying sewage disposal service to said city and its inhabitants inhab-itants and the inhabitants of the territory adjacent thereto; and WHEREAS said water plant and system and sewer system will be in part inter-related and constitute a single utility, and it would be for the benefit of the city completely to consolidate said systems so as to operate said systems with a single force and to effect the operating op-erating economies which would result; re-sult; and WHEREAS said water plant and system has become inadequate to serve said city and its inhabitants, and it is imperative that extetens-ions extetens-ions and improvements be made to said system and that a sewer system sys-tem be acquired, all at an estimated estim-ated cost of $375,000, of which the sum of $95,000 is to be raised by the issuance of general obligation bonds, and the sum of $65,000 is to be raised through the imposition of sewer connection charges and the remainder is to be raised through the issuance of the bonds hereinafter is this ordinance authorized; auth-orized; and WHEREAS the City desires to issue the Water and Sewer Revenue Reven-ue Bonds of the City in the amount of $215,000, payable from revenues in the manner for which provision is hereinafter made. NOW, THEREFORE, Be it and It is Hereby Ordained by the City Council of Pleasant Grove City, Utah County, Utah as follows: Section 1. That for the purpose of defraying the cost of the acquisition ac-quisition of-the sewer system and extensions and improvements to the water plant and system of the city, and to defray proper engineering, eng-ineering, legal, fiscal and other costs incident to such acquisition, and to the authorization and issuance is-suance of the bonds, there are hereby here-by authorized to be issued water and sewer revenue bonds of the citv in the principal amount of $215,000. which bonds shall be payable pay-able from the revenues hereinafter specified. The complete waterworks plant and system of the city serving the city and its inhabitants and the inhabitants of the territory adjacent ad-jacent thereto, including ajl improvements, im-provements, extensions and additions addit-ions thereto which may be made while any of the bonds herein authorized auth-orized remain outstanding, and including in-cluding all property, real, personal person-al and mixed, of every nature now or hereafter owned by the city and used or useful in the operation of its water properties, and the complete com-plete sewer system of the city serving the city and its inhabitants and the inhabitants of the territory adjacent thereto, including all improvements, im-provements, extensions and additions addit-ions thereto which may be made while any of the bonds herein -authorized remain outstanding, and including all property, real, personal and mixed, of every nature nat-ure now or hereafter owned by the city and used or useful in the operation of its sewer properties are hereinafter in this ordinance sometimes referred to collectively as "the system". Section 2. That from and after the adoption of tins ordinar.ee the! water system and the s. wer system , shall so far as practicable be riper- ! e.ted as a ,iinv;! utiil ami with a! s:n;;'!e mant-manee and clerical' I force. 1 1 I Section That said bonds shall i be dated December 1, 19 18. shall j be in the denomination of $ l,0i)0 ! i each, shall be numbered 1 to 215 j i inclusive, ami shall mature serially I in numerical order on December 1 I of each year a.s follows: j lioml Numbers Amount Year! j 1 to 1 $1,000 1950 j 5 to 9 5,000 1951 10 to I 1 5.000 1952 15 to 19 5.000 1953 20 to 21 5,000 1051 25 to 29 5,000 1955 :;o to 31 5,000 19.16 35 to '10 6.000 1957 11 to -16 6.0U0 1958 '17 to 52 6.000 1959 53 to 58 6,000 I960 59 to 64 6,000 1961 65 to 71 7,000 1962 72 to 78 7,000 1963 79 to 85 7,000 1964 86 to 92 7,000 1965 93 to 100 8,000 1966 101 to 108 8,000 1967 109 ':o 116 8,000 1968 117 to 124 8,000 1969 125 to 133 9,000 1970 131 to '142 9,000 1971 143 to 151 9,000 1972 152 to 161 10,000 1973 162 to 171 10,000 1974 172 to 181 10,000 1975 182 to 192 11,000 1976 193 to 203 1 1,000 1977 204 to 215 12,000 1978 The bonds are to bear interest at such rate or rates and are to be paid for by the purchaser or purchasers pur-chasers at such price or prices as may be fixed by resolution of the City Council to be adopted prior to the delivery of the bonds and which will result in an actual net Interest cost to the city averaging no more than four and one-half per cent per annun. Such interest shall be payable semi-annually on June 1 and December 1 of each year until the payment of principal, with interest falling due on and prior to maturity to be represented by appropriate interest coupons to be attached to the bonds. The bonds may in the discretion of the City Council be issued in such manner that they will be redeemable redeem-able in whole or in part prior to maturity on such dates and at such prices not greater than 105 of the principal amount thereof as may be provided by the City Council in the above mentioned resolution, and in such event the City Council shall make provision for the addition of an appropriate paragraph in the bond form prescribed pre-scribed in Section 6 hereof. Section 4. That said bonds shall be payable as to principal and interest in-terest in lawful money of the United Un-ited States of America at Harris Trust and Savings Bank, in Chicago. Chic-ago. Illinois, and shall be signed by the Mayor of the city and shall be countersigned by the City Recorder, Record-er, and shall have the corporate seal of said city impressed thereon.x Interest coupons to be attached to said bonds shall be executed with 1 the facsimile signatures of said Mayor and Recorder, which officials offic-ials by the execution of said bonds shall adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons. Section 5. That upon presentation presentat-ion at the office of the City Recorder Rec-order of the City of Pleasant Grove City, the holder of any such bond may have such bond registered as to principal in his name on the hooks of the Recorder to be kept for that purpose in his office, which registration shall be noted on the reverse side ,of the bond by the Recorder, and thereafter the principal of any bond so registered shall be payable only to the registered reg-istered holder, his legal representatives represent-atives or assigns. Any bond so registered may be transferred to other registered holders or transferred trans-ferred to bearer upon presentation to the City Recorder with a legal assignment duly acknowledged or proved. Registration of any bond as to principal shall not affect the negotiatility of the coupons thereto there-to attached and said coupons shall continue to be transferable by delivery. Section 6. That said bonds and coupons, and the blanks to appear on the back thereof, shall be in substantially the following form: ( Form of Bond) UNITED STATES OF AMERICA STATE OF UTAH COUNTY OF UTAH PLEASANT GROVE CITY WATER AND SEWER 1 REVENUE BOND j Number $1,000 I Pleasant Grove City, in the i County of Utah and State of Utah, j for value received hereby promises j to pay to the bearer, or if this i bond be registered to the registered regist-ered holder hereof out of the spec-I spec-I ial fund hereinbelow designated j and not otherwise, the sum of One , Thousand Dollars ($1,000) on the first day of December 19 , with i interest thereon from the date j hereof until paid at the rate of I per cent ( ) i per annum, payable semi-annually j on the first days of June and De-j De-j cember of each year, upon present- ation and surrender of the annexed j interest coupons as the same sev-I sev-I i rally fall due, both principal and j interest being payable in lawful : money of the United States of : America at Harris Trust and Sav-. Sav-. ings Bank, in Chicago, Illinois. , This bond is issued by Pleasant ! Grove City pursuant to ordinance i duly enacted and pursuant to i authorization duly granted by aj majority of the qualified taxpaying electors of said city voting at an ' election duly called and held in said city on the 11 day of December, Decem-ber, 1948, for the purpose of defraying de-fraying the cost of and acquiring a sewer system and constructing extensions ex-tensions and improvements to the municipally owned water system, in full conformity with the Con stitution and Laws of the State of' T.'tah. Pot!; principal of and interest inter-est on this bond and the issue of which it is a part are payable solely from a special fund designated desig-nated "Pleasant Grove City Wat-j er and S yor Kevcmiu Bond Sinking Sink-ing Fund," into which fund are to be placed the net revenues da- ! rived and to be derived iaiia the; operation of said sewer system and water system, all as more fully described de-scribed and provided in the ordinance ord-inance voted by the electors of sail city on the 11 day of December. Decem-ber. 1948, for the purpose of aulh-j orizing this bond and the issue of which it is a part. The city has covenanted and a-greed a-greed and does hereby covenant and agree that it will fix such rates for the sale of water and water service and for sewer service serv-ice and will collect and account for the revenues to be received for the sale of such water and service, serv-ice, that the net revenues so received re-ceived will be sufficient promptly to pay the principal of and interest on this bond and the issue of which it forms a part, as each becomes due, and to make all payments required re-quired to be made into the above mentioned Pleasant Grove City Water and Sewer Revenue Bond Sinking Fund. This bond may be registered as to principal in the name of the holder on the books of the City Recorder of Pleasant Grove City, in the office of the Recorder, such registration to be noted on the back hereof by the Recorder, after which no transfer hereof shall be valid unless made on said books and similarly noted on the back hereof, but this bond may be discharged dis-charged from registration by being be-ing transferred to bearer, after which it shall be transferable by delivery, but may be again registered regist-ered as before. The registration of this bond as to principal shall not restrain the negotiability of the coupons hereto attached by delivery del-ivery merely. Each and every successive suc-cessive holder of this bond during such time as it is payable to bearer and such holder of each of the coupons hereto attached are conclusively presumed to forego and renounce his and their equities eq-uities in favor of subsequent holders hold-ers for value without notice, and to aggree that this bond while payable pay-able to bearer, and each of the coupons hereto attached may be negotiated by delivery by any person per-son having possession thereof, howsoever such possession may have been acquired, and that any holder who shall have taken this bond or any of the coupons from any person for value and without notice, thereby has acquired absolute ab-solute title thereto, free from any defenses enforceable against any prior holder and free from all equities eq-uities and claims of ownership of any such prior holder. Pleasant Grove City and its officials and Harris Trust and Savings Bank shall not be affected by any notice to the contrary. It is hereby certified, recited and declared that all acts, conditions and things required to exist, hap-en hap-en and be performed precedent to and in issuance of this bond have existed, have happened and have been performed in due time, form and manner as required by law, that the amount of this bond, together to-gether with the issue of which it forms a part, does not exceed any limitation prescribed by the constitution con-stitution or statutes of the State of Utah, that an 'amount of the revenues to be derived from the sewer system and water system of the city has been pledged and will be set aside into a special fund by said city sufficient for the prompt payment of the principal of and interest on this bond and the issue of which it forms a part. IN TESTIMONY WHEREOF, Pleasant Grove City, Utah, has caused this bond to be signed by its Mayor and countersigned by its City Recorder under the corporate cor-porate seal of said city, and has caused the interest coupons hereto attached to be executed by the facsimile signatures of said officers, offic-ers, all as of this first day of December, 1948. Mayor Countersigned: City Recorder (Form of Coupon) Number $ On the first day of 19 , Pleasant Grove City, Utah County, Utah will pay to bearer Dollars ($ ) in the manner man-ner and out of the fund prescribed in said bond, and not otherwise, in lawful money of the United States of America, at Harris Trust and Savings Bank in Chicago, Illinois, for interest due that day on its Water and Sewer Revenue Bond, dated December 1. 1948, and numbered num-bered Mayor Countersigned: City Recorder (Form of Auditor's Certificate, I, the undersigned duly qualified and acting Auditor of Pleasant Grove City, Utah County, Utah, do hereby certify that the within bond is within the lawful debt limit of Pleasant Grove City. Utah, and is issued according to law. WITNESS my official signature this day of , 1918. V j City Recorder & ex-officio Auditor (Form of Registration Certificate) Date of Registration In Whose Name Registered Signature of Citv Recorder 1 Seciion 7. That the City Council Coun-cil is am!. oriz.nl to sell the ImmhIs ' herein authorized, at a price which, when computed on the basis of the interest rate or rates hereafter fixed fix-ed will result in a net interest cost to the city of not exceeding four and one-half per cent per annum, ! by resolution to be adopted by the j City Council. ! Section 8. That not '. it 'islanding ; anything in this ordinance else-i where contained, the principal of and interest on such bonds shall be payable only out of the net revenue rev-enue derived and to be derived from the water system and the sewer system, and in no event shall said bonds or the interest accruing thereon be deemed or construed to be a general indebtedness of said city or payable from any funds of said city other than those derived from the operation of said systems. Section 9. That from and after the delivery of any bonds issued under the provisions of this ordinance, ordin-ance, the income and revenues of the system shall be set aside into a separate and special fund, and, except as hereinafter otherwise provided, shall be used in maintaining main-taining and operating the system, and after the payment of the reasonable, reas-onable, proper and necessary maintenance main-tenance and operation expenses of the system shall, to the extent hereinafter provided, be used to pay the principal of and interest on the bonds herein authorized. There shall be and there is hereby here-by created, and there shall be maintained a special fund to be known as the "Pleasant Grove City Water and Sewer Bond Sinking Sink-ing Fund," into which there shall be set aside and paid from the earnings of the system (after the payment of the necessary expenses of maintaining and operating the system as in the last above paragraph para-graph provided) such portion of said revenues as will be sufficient to pay the interest on and principal prin-cipal of the bonds herein authorized author-ized as the same become due, and in addition thereto all revenues of the system remaining in each year after the payments hereinabove required re-quired to be made from such revenues rev-enues have been made which additional add-itional payments shall in each year be in an amount equal to not less than fifty per cent (50) of the amount otherwise required to be paid into said fund in such year, and which additional payments pay-ments are to be continued to be made into said fund until there shall be in said fund an amount sufficient to pay all interest and principal falling due on or before the next maturity date of any of said bonds, and all interest and principal falling due for one year thereafter. The amount so accumulated accum-ulated as a reserve shall be used for the payment of principal or interest falling due at any time as to which there would otherwise be a default. If at any time it shall become necessary to use money in said reserve to pay principal or interest, the money so used' shall be replaced from the first revenues thereafter available and not required re-quired to be used for maintenance and operation or for current requirements re-quirements for principal and interest. in-terest. Such payments into said sinking sink-ing fund shall be made in equal monthly installments on the first day of each month, except that whn the first day of any month shall be a Sunday or a legal holiday, hol-iday, then such payments shall be made on the next preceding secular sec-ular day. Such sinkingg fund shall be used solely and only, and is hereby pledged for the purpose of paying the interest on and principal prin-cipal of the bonds herein authorized auth-orized to be issued. If at any time there be a failure to pay into said sinking fund the full amounts a-bove a-bove stipulated, then an amount equivalent to such deficiency shall be paid into said sinking fund from the revenues available for such payment, as soon as available, and in addition to the amount otherwise oth-erwise required to be set apart and paid into said sinking fund. The revenues of the system remaining re-maining in each year after all payments pay-ments hereinabove required to be made have been made shall be either used or reserved for making such improvements and extensions to the system as may be recommended recomm-ended by the consulting engineers for whom provision is hereinafter made, or shall be applied promptly to retiring in advance of mataurity bonds herein authorized, either through the purchase thereof on the open market at the best prices obtainable (but in no event at prices greater than the price at , which any of the bonds are then subject to redemption,) or if any of the bonds are then redeemable, through the calling of such bonds for redemption on the next interest payment date. Any money which is being reserved for the making of such improvements and extensions to the system shall be either held in a separate account ac-count in the depository bank and adequately secured by collateral or shall in the discretion of the City Council be invested in direct obligations ob-ligations of the United States of America or of the State of Utah or the municipal ' corporations, counties and school districts in the State of Utah. Whenever the a-mnnnt a-mnnnt in said sinking fund is e-qual e-qual to the entire amount of the interest and principal that will become be-come due on all of the bonds issued is-sued hereunder then outstanding, no further payments need be made into said sinking fund, unless necessary nec-essary to replace money lost or diverted. All accrued interest received re-ceived from the purchaser of the bonds at the time of the delivery thereof shall be paid into said sinking sink-ing fund. In addition thereto there shall also be placed in said sinking fund from the proceeds of the bonds a sum equal to the interest estimated to accrue on the bonds i du'-ii's' the period covered by the! . onslruct ion of the oc.piv ..merits and extensions. All money held in said sinking j fund shall be deposited in Pack n't' j Pleasant a rove in Pleasant Grove; City. Ut., or in some other bank of j equal standing and rating satis-factory satis-factory to the city and to the or-1 iginal purchaser of the bonds, and j all such deposits shall be made and secured as provided by the pertinent pertin-ent laws of the State of Utah. Section 10. That Pleasant Grove City hereby covenants and agrees with each and every holder of the bonds issued hereunder: (a) That while the bonds authorized auth-orized herein or any of them remain re-main outstanding and unpaid, the rates for all sewer services supplied sup-plied by the system and the rates for ail water and water service supplied by the system to said city and to its inhabitants, and to all consumers within or without the boundaries of said city, shall be reasonable and just, taking into account and consideration the cost and value of the system and the cost of maintaining and operating the system, and the proper and necessary allowances for the depreciation de-preciation thereof and the amounts necessary for the retirement of all bonds, and the accruing interest on all such bonds as may be issued hereunder, and there shall be charged char-ged against all purchasers of water and recipients of service, including said city, such rates and amounts as shall be adequate to meet the requirements of this and the preceding pre-ceding sections hereof, all of which revenues, including those received from the city, shall be subject to distribution to the payment of the cost of operating and maintaining the system, and the payment of principal of and interest on the bonds herein authorized as hereinbefore here-inbefore provided; (b) That the city will maintain the system in good condition and operate the same in an efficient manner and at reasonable, cost; (c) That the city coveannts and agrees that so long as any of the bonds remain outstanding proper pro-per books of record and account will be kept by the city, separate and apart from all other records and accounts, showing complete and correct entries of all transactions transact-ions relating to the system, and that the holders of any of the bonds, or any duly authorized agent ag-ent or agents of such holders, shall have the right at all reasonable times to inspect all records, accounts ac-counts and data relating thereto and to inspect the system and all properties comprising said system. The city further agrees that it will within sixty days following the close of each fiscal year cause an audit of such books and accounts to be made by an independent firm of certified public accountants, showing the receipts and disbursements disburse-ments for account of the system, and that such audit will be available' avail-able' for inspection by the holders of any of the bonds. Each such audit, in addition to whatever matters mat-ters may be thought proper by the accountant to be included therein, shall Include the following: 1. A statement in detail of the income and expenditures of the system for such fiscal year. 2. A balance sheet as of the end of such fiscal year. 3. The accountant's comment regarding re-garding the manner in which the city has carried out the requirements require-ments of this ordinance, and the accountant's recommendation for any change or improvement in the operation of the system. 4. A list of the insurance policies pol-icies in force at the end of the fiscal year, setting out as to each policy the amount of the policy, the risks covered, the name of the insurer and the expiration date of the policy. 5. The number of metered water customers at the end of the year, the number of unmetered water customers at the end of the year, and the number of sewer connections con-nections at the end of the year. All expenses incurred in the making ma-king of the audits required by this section shall be regarded and paid as a maintenance and operation oper-ation expense. The city agrees to furnish a copy of each such audit to the holder of any of the bonds at his request after the close of each fiscal year, and that any such holder hol-der shall have the right to discuss with the accountant making the audit the contents of the audit and to ask for such additional information inform-ation as he may reasonably require. re-quire. d. That the holder or holders of twenty-five per cent (25) in aggregate principal amount of bonds issued hereunder at any time outstanding shall have the right at all reasonable times to inspect the system, and all records, accounts and data of the city relating thereto, there-to, and that upon request the city will furnish to any holder or holders hold-ers financial statements and other information relating to the city and the system as such holder or holders may from time to time reasonably require; (e) That the city in its operation operat-ion of the system will carry insurance, in-surance, including workmen's compensation com-pensation insurance and public liability lia-bility insurance, in such amounts and to such extent as is normally carried by private corporations operating op-erating public utilities of the same type. The cost of such insurance shall be considered one of the operating op-erating costs of the system. In the event of loss or damage, insurance proceeds shall be used first, for the purpose of restoring or replacing the property lost or damaged, and any remainder shall be paid into the Pleasant Grove City Water and Sewer Revenue Bond Sinking Fund, and shall be subject to distribution dis-tribution in the same manner as are other moneys in said fund: (f) That the' city will not sell, lease, mortgage or in any manner dispose of the system or any substantial sub-stantial part thereof, including any and all extensions and additions that may be made thereto, until j all the bonds heroin authorized to i be issued shall have been paid in full, both principal and interest, xcept that the city may sell any portion of said property which shall have been replaced by other property of at least equal value, or which shall cease to be necessary nec-essary far the efficient operation of tho system, provided however, that in the event of any sale as aforesaid the proceeds of such sale shall be paid into tho Pleasant Grow City Water and Sewer Revenue Rev-enue Bond Sinking Fund, and distributed dis-tributed as arc other moneys in said fund; (g) That in the event of default on the part of the city in paying principal of or interest on said revenue' bonds promptly as each falls due, or in the keeping of any covenant herein contained, and if such default shall continue for a period of sixty days, the city will appoint a manager for the system, which manager shall have full control con-trol over the system and shall operate op-erate the system for Pleasant Grove City, & shall enforce such reasonable rates & charges as will be sufficient to make the payments required by this ordinance, and shall in all things so operate the system as to fully comply with all of the requirements and provisions provis-ions of this ordinance. The right of the holder or holders of the bonds herein authorized to require the appointment of such manager shall not be exclusive, and in the event of default as herein outlined, such holder or holders shall have the right to proceed in law or equity to require the performance of the covenants herein contained in any action which to them shall seem appropriate. (h) That the City Council will by resolution to be adopted before any of the bonds are issued appoint an engineer or a firm of engineers acceptable to the purchaser of the bonds, which engineer or firm of engineers shall serve as consulting consult-ing engineer to the city in the operation of the system. No future improvements or extensions to the system shall be made through the use of the revenues of the system unless the consulting engineer approves ap-proves the making of such improvements' im-provements' and extensions and certifies that in his or its opinion the operation of such improvements improve-ments and extensions will result re-sult in increased net revenues reven-ues sufficient to amortize the cost thereof within a period of twenty years. Successors to the consulting engineer originally selected sel-ected may be appointed by the City Council from time to time but such appointment shall always be subject sub-ject to rescission by action of the holders of a majority in principal amount of the bonds herein authorized auth-orized which may be then outstanding. out-standing. (i) That the City Council will by resolution to be adopted prior to the issuance of the first of the bonds appoint a manager for the system who shall serve at the pleasure of the council and shall act as general manager of the system. sys-tem. The manager shall either serve ser-ve as collector of the revenues of the system or may employ a collector, coll-ector, but the manager shall in any event be responsible for the prompt and aggressive collection of all fees and charges due for the water and services supplied by the system sys-tem and it shall be his duty to file appropriate suits and to take all legally available action for the enforcement of all liens securing water and sewer charges which are six months delinquent. The manager manag-er shall be required to supply a fidelity fid-elity bond in the amount of not less than $5,000 to assure the faith-fulcarrying faith-fulcarrying out of his duties and the prompt ahd diligent enforcement, enforce-ment, collection and application of all fees and charges due for the water and service supplied by the system. (j) That the initial schedule of rates for water and services supplied sup-plied by the system, which schedule sched-ule shall be subject to such increase in-crease and revision from time to time as may be necessary to carry out the provisions of this ordinance, ordin-ance, shall be prescribed by resolution resol-ution to be adopted prior to the issuance of the first of the bonds and shall prescribe rates satisfactory satisfact-ory to the purchaser of the bonds. Such rates shall include a minimum mini-mum charge of Two Dollars ($2.00) per month for each property prop-erty connected with the sewer system sys-tem which minimum of Two Dollars Doll-ars per month may not be decreased decreas-ed or removed until at least Fifty per cent (50) of the bonds issued iss-ued hereunder shall have been retired, re-tired, and may be decreased or removed thereafter only to the extent ex-tent recommended and approved by the Consulting Engineers, and then only after the special fund herein established (Pleasant Grove City Water and Sewer Revenue Bond Sinking Fund) is in its full maximum amount. Section H. That it is hereby expressly provided that it shall be unlawful for the owner or other person having charge of or occupying occupy-ing any property upon which a building shall have been or is being be-ing constructed for residential, commercial or industrial use, any part of which building is within three hundred feet of any street, alley or way in which a public sewer is then in existence and used in the city, to construct or permit I to be constructed or to use or permit per-mit to be used any privy vault, septic tank or cesspool connected with such building. Each such owner own-er or other person shall within ninety days after having been given giv-en notice by the city that an accepted ac-cepted public sewer is ready to receive connections there w i t h cause such building to be connected with said sewer (except that if such building shall not at the time such notice is given have therein any toilet or toilets, the owner or other person having charge thereof or occupying such building shall have a period of two years in which to connect it with such public pub-lic sewer) and it shall thereafter be unlawful for such owner or other person to have tho plumbing in such building remain unconnected unconnect-ed to the public sower or to maintain main-tain or use or cause or permit to exist any privy vault, septic tank or cesspool to which said building build-ing is connected or which is used by the occupant thereof. Whenever an accepted public sewer is available avail-able to receive connections therewith there-with tho manager of the system shall cause appropriate notice to be served upon tho owner, agent or other person having charge of or occupying all property coming w ithin the scope of this paragraph, that said public sewer is ready to receive connections therewith and that till plumbing must be connected connect-ed with such sewer. Sect Urn 12. That the bonds authorized auth-orized to be issued hereunder and from time to time outstanding shall not be entitled to any priority one over the other in the application applicat-ion of the revenues of the system, regardless of the time or times of their issuance, it being the intention intent-ion of the City Council that there shall be no priority among the bonds authorized to be issued pursuant pur-suant to this ordinance regardless of the fact that they may be actually act-ually issued and delivered at different diff-erent times. It is hereby expressly agreed and covenanted that Pleasant Pleas-ant Grove City will not hereafter issue any bonds or obligations payable pay-able from the revenues of the system, sys-tem, or any part thereof, until all bonds herein authorized have been paid in full, unless such additional bonds are issued in such manner that they are in all i-espects subordinate sub-ordinate to the bonds herein authorized. auth-orized. The provisions of the foregoing paragraph are' subject to the following fol-lowing exceptions: 1. If at any time after the bonds herein authorized, or any part thereof, shall have been issued, the City Council shall find it desirable to refund said bonds, said bonds, or any part thereof, may be refunded re-funded (but only with the consent of the holders thereof unless the bonds have matured or are then callable for redemption and have been properly so called) and the refunding bonds so issued shall enjoy en-joy complete equality of lien with the portion of said bonds which is not refunded, if any there be, and the holders of the refunding bonds shall be subrogated to all of the- rights and privileges enjoyed en-joyed by the holders of the bonds refunded thereby. The refunding bonds shall be issued with such details de-tails as the City Council may by resolution provide, provided only that if only a part of the outstanding out-standing bonds is refunded, the interest in-terest rate of the refunded bonds may not be increased, no refunding refund-ing bond may mature at a date earlier than the maturity date of any of the bonds not refunded, and the refunding bonds shall either be delivered in exchange for the bonds refunded or shall be delivered to the original purchaser of these bonds at par and accrued interest and the proceeds thereof shall be used to pay the bonds refunded. 2. Additional bonds may also be issued on a parity with the bonds herein authorized if all of the following fol-lowing conditions are met: (a) The net revenues of the sys- tern must in each of the two com-pleted com-pleted fiscal years immediately preceding the issuance of the additional add-itional bonds have been equal to one and one-half times the highest combined interest and principal requirements re-quirements for any succeeding twelve month's period on all bonds then outstanding and the bonds so proposed to be issued. (b) The payments required to be made into the Pleasant Grove City Water and Sewer Revenue Bond Sinking Fund must have been made in full. (c) There mus't be sufficient money in said sinking fund, including in-cluding the reserve, to pay all principal prin-cipal and interest payable therefrom there-from during the eighteen months next succeeding the issuance of the additional bonds. (d) The additional bonds must be payable as to principal on December De-cember 1 of each year in which principal falls due and payable as to interest on June 1 and December Decem-ber 1 of each year. (e) The proceeds of the additional addit-ional bonds must be used for the making of improvements, extensions, exten-sions, renewals, replacements or repairs to the system. Section 13. That the proceeds of the sale of the bonds herein authorized shall be placed in a fund separate and apart from all other city funds and shall be paid out solely for the purposes for which said bonds are herein authorized. Section 14. That the action of the City Council in calling an election el-ection for the purpose of submitting submitt-ing to the qualified taxpaying voters vot-ers of Pleasant Grove City the question of the issuance of the bonds authorized is hereby approved, approv-ed, ratified and confirmed. Section 15. That the provisions of this ordinance shall constitute a contract between Pleasant Grove City and the holder or holders of the bonds herein authorized to be issued, and that after the issuance of any of such bonds no change, variation, or alteration of any kind in the provisions of this ordinance shall be made in any manner except ex-cept as herein provided until such time a.s all of said bonds issued hereunder and interest due thereon have been paid in full. Section 16. That if any section, paragraph, clause or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability unenforce-ability of such section, paragraph, clause or provision shall not effect any of the remaining provisions of this ordinance. Section 17. That all ordinances, resolutions and orders, or parts thereof in conflict with the provisions pro-visions of this ordinance are, to the Continued on Page 3 payment (if sa id bonds and WHEREAS it has boon ascor- tained by the City Council that at the last preceding election for Governor held in the City of Pleasant Pleas-ant Grove City there were east for all candidates a total of 919 votes and it has been determined by the City Council that the initiative petition pet-ition for the above entitled ordinance ordin-ance is signed by 200 legal voters qualified to sign said petition, and that said petition contains the number of qualified signers required re-quired by Chapter 10 of Title 25 of Die Utah Code Annotated, 3 913; and WHEREAS said initiative petition petit-ion has been in all other respects carefully examined and has been found by the City Council to be full and complete, and to comply in all respects with the requirements require-ments of said Chapter 10; and WHEREAS the ordinance set out in said petition has been adopted adopt-ed by the City Council subject to approval of the qualified electors of the City of Pleasant Grove City and it is desired to call a special election at which the question ques-tion of the adoption of said ordinance ordin-ance may be referred to the electors el-ectors of the City of Pleasant Grove qualified to vote thereon; NOW, THEREFORE, Be it and it is Hereby Ordained by the City Council of the City of Pleasant Grove, Utah County. Utah, as fol- Chnpter 10, Title 25, Utah Cod.', Annotated, lii-Ki, to incorporate therein the arguments for and n-gainst n-gainst the measure filed with him, in accordance with the provisions of said Section 23. and to distribute distrib-ute said pamphlet to every voter of the City of Pleasant Grove City, either by mail or carrier, not less than eight (8) days prior to the date herein fixed for the election, at which said proposition is to be voted upon. Section 0. That immediately after af-ter its adoption this ordinance shall be signed by the Mayor and City Recorder, shall be recorded in a book kept for that purpose, and shall be published according to law, and shall take immediate effect, eff-ect, the preservation of the peace, health and safety of the City of Pleasant Grove City so requiring. Passed and approved November 1, 19-18. HARVEY E. SMITH, Mayor Attest: HAROLD H. BULLOCK. City Recorder Deposited in the Office of the City Recorder and recorded November Nov-ember 1, 1948, together with an affidavit by the publisher evidencing evidenc-ing publication of said ordinance as provide by law, on December as provided by law, on 194 HAROLD H. BULLOCK, City Recorder Thereupon the following ordinance ordin-ance was introduced in writing, lire o t-oar) ir -full n n H tinrciionf financed by the issuance and sale of Revenue Bonds to be repaid solely sole-ly from the users of the sewer system and, WHEREAS most of the structures struct-ures and dwolling-s of the city will he provided with sewer service by the proposed initial construction but certain parts of the city being those less built up will not be presently served and will not there- fore need to pay sewer service I charges but nevertheless the plans and specifications as proposed will allow all portions of the City to connect with the sewer system when sufficient building density justifies and for this pin-pose the outflow lines are to be constructed of larger capacity and likewise sewage disposal plant, is to be designed and constructed to serve the entire city, WHEREAS, the installation of a sewer system to serve schools and churches and business districts and industry and the conjested part of the residential section of the city will inure to the benefit of all the citizens and taxpayers of the city and thus it is just and fair that all taxpayers -within the city should in part bear some burden with regard re-gard to the financing of said sewer system and especially with regard re-gard to the outflow lines and sewage sew-age disposal plant. NOW THEREFORE, be it resolved re-solved and ordained by the City Council of Pleasant Grove City, Utah County, State of Utah; Section 1. That a special election be and the same is hereby called to be held in Pleasant Grove City County of Utah, State of Utah on Saturday the 11th day of December, Decem-ber, 1948 for the purpose of submitting sub-mitting to such qualified electors of said city as shall have paid a property tax therein in the year next preceding such election, the question of whether or not the bonds of said city in the amount of $95,000 shall be issued and sold for the purpose of constructing a sewage sew-age disposal plant and sewer outfall out-fall lines, the same to be owned and operated by the city. Section 2. Such bonds shall be in denominations and shall carry rates of interest and maturities as the City Council shall later fix and determine but not in excess of 20 years in maturity from the date of issuance and not in excess of interest at 4 "a per annum. Section 3. That said election shall be conducted according to the statutes and laws of the State of Utah, and shall be held in manner and form as provided thereby. Section 4. That the Notice of Election shall be posted in 3 public pub-lic and conspicuous places within the City for a period of not less than 4 full weeks prior to such election and that said Notice of Election shall also be published in 5 issues of the Pleasant Grove Review, Re-view, newspaper in weekly intervals, inter-vals, the first publication " thereof to be Friday, November 12, 1948. Said Notice of Election shall announce an-nounce the time, place and object of the election and the City Recorder Re-corder is hereby charged with the duty of effectuating this provision. provis-ion. Said notice shall be in substantia sub-stantia the following form, I SEAL) .Section 5. That the form of ballot bal-lot and the polling places for all qualified electors of said city and the names of the Judges of Election Elect-ion and the hours during which the polls will remain open, shall be the same as designated in the foregoing notice of election. Section 6. That the City Recorder Record-er be and he is hereby authorized and directed to communicate such instructions to said judges of such special election as may be necessary necess-ary to enable them to properly conduct con-duct such election, canvass the i votes and certify thereof to said j City Council of said Tleasant i Grove City as required by law, and the City Recorder shall cause ballots bal-lots to be printed in the form set forth in said notice and furnish them to the qualified electors thereof, and that said City Recorder Record-er shall also provide ballot boxes, poll books and all stationary necessary nec-essary for the use of the Judges at said election. Section 7. That in the opinion of the City Council of Pleasant Grove City, Utah it is necessary to the peace, health and safety of said City that this ordinance become operative immediately, so that the election provided for therein may be held on the date specified. Section 8. That this ordinance shall take effect and be in force upon the date of its passage and approval. PASSED AND APPROVED by the City Council of Pleasant Grove City, Utah County, Utah this 1st day of November A. D. 1948. HARVEY E. SMITH. Mayor Attest: HAROLD H. BULLOCK, (SEAL) City Recorder The adoption of the foregoing resolution was seconded by Councilman Coun-cilman Harold Smith and upon being be-ing put to a vote was carried by the affirmative vote of all council-men council-men present, the vote being as follows: fol-lows: Councilman Niels Fugal, "Aye" Councilman John S. Green, 'Aye' Councilman Harold Smith "Aye" Councilman Robert Marrott'Aye' Councilman A. B. Gibson. "Ave" ADOPTED AND APPROVED this 1st day of November A. D. 1948. HARVEY E. SMITH, Mayor Attest: HAROLD H. BULLOCK, (SEAL) City Recorder (Other business not pertinent to the above appeals in the minutes of the meeting). Upon motion duly made and carried car-ried ,the meeting was adjourned. HARVEY SMITH', Mayor Attest: HAROLD 1 BULLOCK, City Recorder I Harold H. Bullock, City Recorder Rec-order of Pleasant Grove City. Utah County, Utah, do hereby certify that the foregoing is a full, true and correct copy of an ordinance passed bv the City Council on the 1st day of November, A. D 1918, entitled : AN ORDINANCE PROVIDING SPECIAL ELECTION IN THE CITY OF PLEASANT GROVE, UTAH, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS THEREOF, THE QUESTION OF ADOPTING AN INITIATIVE INITIA-TIVE OR DTTJ A NCE PROVTD- lows: Section 1. That there shall be held in said city on the 11th day of December, 1948, between the hours of seven o'clock A. M. and eight o'clock P. M. a special election elect-ion at which there shall be submitted sub-mitted to the legal voters of said city the question of the approval of the ordinance described in the preamble hereto. Section 2. That all electors of the City of Pleasant Grove City qualified to vo.te on said proposition proposit-ion under the provisions of the Constitution of Utah and Title 25 of the Utah Code, Annotated. 1943, shall be permitted to vote at said election. Section 3. There are within Pleasant Grove City 2 precincts for election purposes and registration and that the voting place for each precinct and the election officials thereof to serve at the election shall be as follows: Voting Place: District 2: Delilah Fugal home. Election Officials: j Mrs. Margaret Atwood, Judge M. S. Christiansen, Judge May K. Walker, Judge Louise Niclson. Alternate District No. 3: City Hall. Election Officials: Laura Allred, Judge Garland Clark, Judge Lorin West, Judge Lydia Hilton, Alternate Section 4. That each registration agent for his election district, shall between the hours of eight o'clock A. M. and nine o'clock P. M. on the first and third Tuesdays immediately imm-ediately preceding said election, receive and register the names of all persons appying for registration registrat-ion who are legally qualified and entitled to vote at such election or who will legally have acquired a residence (being otherwise qualif-1 ied) and who will have a right to vote at said election acording to the provisions of the law under which said election is to be held, and said registration agent shall give the notice of registration required re-quired by the General Election Laws, including Section 25-2-10 of the Utah Code Annotated, 1943. Section 5. That each registration agent shall post, in at least five (5) conspicuous places within the district at least five (5) days prior to the date fixed for said election, the following election notice, which notice shall also be published according ac-cording to law. ' ELECTION NOTICE vv ci. o i luu iii iuii (uiu jui ou cu 1 1 -J motion duly made by Harold Smith and seconded by John Green was adopted by the following vote: Aye: Neils Fugal, John S. Green, Harold Smith, Robert Marrott, A. B. Gibson, Nay : None The ordinance was then signed by the Mayor in open meeting, recorded by the City Recorder and ordered published according to law. The ordinance is as follows: An ORDINANCE providing for the holding of a special election in the City of Pleasant Pleas-ant Grove, Utah for the purpose pur-pose of submitting to the qualified qual-ified tax paying electors thereof there-of the question of the issuance of $215,000 Water and Sewer Revenue Bonds of said City. WHEREAS there has this day been presented to the City Council AN INITIATIVE PETITION REQUESTING RE-QUESTING THAT THE CITY COUNCIL adopt the ordinance therein set out which ordinance is entitled: ORDINANCE AN ORDINANCE providing ! for the construction of a sewer sew-er system and extensions and improvements to the water plant and system of Pleasant Grove City, the whole to constitute con-stitute a municipally owned utility to consist of a sewer system and water plant and system; authorizing and providing pro-viding for the issuance of $215,000 Water and Sewer Revenue Bonds of said city for the purpose of defraying the cost of the acquisition of such system, extensions and improvements; im-provements; prescribing the form and other details of said bonds; providing for the sale thereof; providing for the collection coll-ection and disposition of the revenues of said utility; making mak-ing other provisions with respect res-pect to the operation of said utility and the issuance of said bonds, and providing for the payment of said bonds. WHEREAS pursuant to said petition the City Council has adopted adop-ted said ordinance subject to approval ap-proval of the qualified electors of the City of Pleasant Grove and has made provision for the holding of a special election on the 11th day of December, 1948 at which the ordinance is to be referred to the electors of the City of Pleas-I Pleas-I ant Grove Citv: and Legal Notices Continued from Page 2 extent of such conriict, hereby repealed. re-pealed. HARVEY E. SMITH, Mayor Attest: HAROLD II. BULLOCK, (SEAL) City Recorder shall be submitted to the City Council of the City of Pleasant Grove for adoption, and if not adopted, ad-opted, then to the legal voters of rieasant Grove City. Utah County, Coun-ty, Citah. for their approval or rejection re-jection at the next ensuing municipal mun-icipal election, or at a special election el-ection to be ordered by ordinance bv the Citv Council of Pleasant Grove City" Each for himself says: I have personally signed this petition; I am a legal voter of Pleasant Grove, Utah; my residence and post olfice address are correctly written after my name: Signature Post Office Street Number (326 Signatures appear on the petition). Said petition was examined and was found to have endorsed thereon there-on statements by the County Clerk and by the City Recorder indicating indicat-ing that the signatures subscribed to the petition had been verified and were found to be correct and to be sufficient in number. It was reported by the County Clerk that there had been 949 legal votes cast in the City of Pleasant Grove City for all candidates for Governor at the last preceding election. There being 200 properly verified signatures sig-natures subscribed to the petition, and the petition appearing in all other respects due and regular and in compliance with law, it was moved by Niels Fugal and seconded by Harold Smith that there be entered en-tered in the minutes of the meeting the finding by the City Council that said initiative petition fully complies with the pertinent statutes stat-utes and that it contains the number num-ber of legal signatures required by law. The motion was adopted by the following vote: Councilman Neils Fugal, "Aye" Councilman John Green, "Aye" Councilman Harold Smith, 'Aye' Councilman W. R. Marrott 'Aye' Councilman A. B. Gibson "Aye" The ordinance set out in the initiative in-itiative petition was then read in full and the question of the adoption adopt-ion of the ordinance was opened for discussion. After due deliberation, deliberat-ion, it was moved by John Green, seconded by A. B. Gibson and carried car-ried that said ordinance be adopted by the City Council, subject however, how-ever, to a favorable vote of the qualified electors of the City of Pleasant Grove City voting at a special election to be called by the City Council, and that said ordinance ordin-ance shall become effective only after af-ter it has been adopted by the vot-I vot-I ers at such election, and that if so J adopted, said ordinance shall take " effect immediately upon ascertain- ! ment and proclamation of the re sults of such election. The motion was adopted by the following vote: Councilman Neils Fugal, Aye Councilman John Green, Aye Councilman Harold Smith, Aye Councilman Robert Marrott, Aye Councilman A. B. Gibson, Aye It now being necessary to arrange ar-range for a special election at which to submit to the legal voters vot-ers of the City of Pleasant Grove the question of the adoption of the ordinance hereinabove set out, the following ordinance ord-inance was introduced in writing, ' was read in full its adoption moved i by Robert Marrott, seconded by Niels Fugal and after due consideration, consid-eration, adopted by the following vote: Councilman Neils Fugal, Aye Councilman John Green, Aye Councilman Harold Smith, Aye Councilman Robert Marrott, Aye Councilman A. B. Gibson, Aye WHEREUPON, said ordinance was signed by the Mayor in open meeting, recorded by the City Recorder, Rec-order, and ordered published in accordance with law. ORDINANCE J AN ORDINANCE providing I for the holding of a special election in the City of Pleasant Grove, Utah for the purpose of submitting to the qualified electors el-ectors thereof, the question of i adopting an initiative ordin- ance providing for the con struction of a sewer system ' and extensions and improve ments to the municipally owned own-ed water plant and system of said city and authorizing the 1 issuance of $215,000 water and sewer revenue bonds for the purpose of defraying the cost of the construction of such improvements im-provements and extensions. WHEREAS there has this day I been presented to the City Coun cil an initiative petition requesting that the Council either adopt the ordinance therein set out or submit sub-mit such ordinance to the vote of the qualified electors of the City of Pleasant Grove for adoption, said ordinance being entitled: ORDINANCE An ordinance providing for the construction of a sewer system and extensions and improv-- improv-- ments to the water plant and system of Pleasant Grove City, the whole to constitute a municipally mun-icipally owned utility to con- sist of a sewer system and water plant and system; authorizing auth-orizing and providing for the issuance of $215,000 Water and Sewer Revenue Bonds of said city for the purpose of defraying defray-ing the cost of the acquisition of such system, extensions and improvements; prescribing the form and other details of said bonds; providing for the sale thereof; providing for the collection coll-ection and disposition of the Revenues of said utility; making mak-ing other provisions with respect res-pect to the operation of said utility and the issuance of said bonds, and providing for the and to be paid solely as to both principal and interest from revenues to be derived from the operation of said water wa-ter and sewer systems, and under un-der no circumstances to be a general obligation of the city or payable from ad valorem taxes, all as provided in the initiative ordinance adopted by ' said City Council on 1st day of November, 1918, subject to the approval by the electors, entitled 'an ordinance providing provid-ing for the construction of a sewer .system and extensions and improvements to the water wat-er plant and system of Pleasant Pleas-ant Grove City, the whole to constitute a municipally owned own-ed utility to consist of a sewer sew-er system and water plant and system; authorizing and providing prov-iding for the issuance of $215.-000 $215.-000 Water and Sewer Revenue Eonds of said city for the purpose pur-pose of defraying the cost of "the acquisition of such system, extensions and improvements; prescribing the form and other details of said bonds; providing provid-ing for the sale thereof; privid-ing privid-ing for the collection & disposition dispos-ition of the revenues of said utility; making other provis-isions provis-isions with respect to the operation op-eration of said utility and the issuance of said bonds, and providing for the payment of said bonds.' " Section 2. That the voting place for said election and the officials to serve at said voting place shall be the same as heretofore provided for the election to be held on the same day on the question of the adoption of said initiative ordinance. ordin-ance. Section 3. That registration for said election shall be conducted and notice thereof given in the manner provided by the general laws and the ordinance heretofore adopted calling the election at which there is to be submitted to the qualified electors said initiative ordinance. Section 4. That notice of said election shall be given by adding to trie election notice for which provision is made in Section 5 of the ordinance heretofore adopted at this meeting entitled: "An Ordinance providing for the holding of a special election elect-ion in the City of Pleasant Grove, Utah for the purpose of submitting to qualified el- j ectors thereof the question of adopting an initiative ordinance ordin-ance providing for the construction con-struction of a sewer system sys-tem and of extensions and improvements to the municipally owned w a t- er plant and system of said city and authorizing the issuance issu-ance of $215,000 water and sewer revenue bonds for the purpose of defraying the cost of the construction of such improvements im-provements and extensions." The following additional paragraph just prior to the final paragraph of said notice: "All qualified electors of the City of Pleasant Grove City who have paid a property tax in the year preceding the date of said election are hereby required also to take notice that a special election will be held in said city on the aforesaid date at the aforesaid polling place and between the aforesaid hours, at which election there shall be submitted to the qualified electors of said city who have paid a property prop-erty tax in the year preceding said election, the following proposition: "Shall the City Council of the City of Pleasant Grove, Utah, be authorized to issue the bonds of said city in the a-mount a-mount of $215,000 for the purpose pur-pose of defraying the cost of constructing a sewer system and of improving and extending extend-ing the municipally owned water wa-ter system, both to be operated operat-ed as a single utility, said bonds to bear interest at such rate or rates and to be paid for by the purchaser or purchasers pur-chasers at such price or prices as may be fixed by resolution of the City Council to be adopted ad-opted prior to the delivery of the bonds and which will result res-ult in an actual net interest cost to the City averaging not more than 4 per annum and to mature serially on December De-cember 1 of each of the years 1950 to 1978 inclusive, and to be paid solely as to both principal prin-cipal and interest from the revenues to be derived from the operation of said water and sewer systems, and under no circumstances to be a general gen-eral obligation of the city or payable from ad valorme taxes, tax-es, all as provided in the initiative init-iative ordinance adopted by said City Council on November 1, 1948, subject to the approval approv-al by the electors, entitled 'an Ordinance providing for the construction of a sewer system and extensions and improvements improve-ments to the Water Plant and system of Pleasant Grove City, the whole to constitute a mun-icipaly mun-icipaly owned utility to consist of a sewer system and water plant and system; authorizing and providing for the issuance of $215,000 Water and Sewer Revenue Bonds of said city for the purpose of defraying the cost of the acquisition of such system extensions and improvements; im-provements; prescribing the form and other details of said bonds; providing for the sale thereof; providing for the collection coll-ection and disposition of the revenues of said utility; making mak-ing other provisions with respect res-pect to the operation of said utility and the issuance of said bonds, and providing for the payment of said bond." " Section 5. That the ballots to be used at said election shall have printed thereon the proposition hereinabove stated followed by the words "For the Issue of Bonds" and a square preceded by the word "Y s" and a square preceded by the word "No", together with instructions in-structions that if the voter desires I to vote in favor of the bond issue he shall place a cross in the space after the word "Yes" and if he desires to vote against, the bond issue he shall place a cross in the space after the word "No". Said ballots shall comply in all respects I with the requirements of Chapter 10 of Title 25 and Section 5 of Chapter 6 of Title 25 of the Utah Code, Annotated, 1913. Said ballots shall be kept separate sep-arate and distinct from the ballots cast on the question of the adoption adopt-ion of the initiative ordinance which is to be submitted to the electors on said day and a separate separ-ate ballot box shall be used for receiving said ballots. Section 6. That immediately after af-ter its adoption this ordinance shall j be signed by the Mayor and City , Recorder, shall be recorded in a j book kept for that purpose, shall be published according to law, and shall take immediate effect, the preservation of the peace, health and safety of the City of Pleasant Grove so requiring. Passed and approved HARVEY E. SMITH, Mayor Attest: HAROLD H. BULLOCK, (SEAL) City Recorder (Other business not pertinent to the above appears in the minutes of the meeting). Upon motion duly made and carried car-ried the meeting was adjourned. HARVEY SMITH, Mayor Attest: HAROLD H. BULLOCK, City Recorder Deposited in the office of the City Recorder and recorded together to-gether with an affidavit by the publisher evidencing publication of said ordinance as provide bv law on 194 HAROLD H. BULLOCK, City Recorder I I, Harold H. Bullock, City Recorder Rec-order of Pleasant Grove City, Utah County, Utah, do hereby certify that the foregoing is a full, true and correct copy of an ordinance passed by the City Council on the 1st day of November, A. D. 1948, entitled: AN ORDINANCE PROVIDING I FOR THE CONSTRUCTION I OF A SEWER SYSTEM AND EXTENSIONS A-ND IMPROVEMENTS IMPROVE-MENTS TO THE WATER PLANT AND SYSTEM OF PLEASANT GROVE CITY. THE WHOLE TO CONSTITUTE A MUNICIPALLY OWNED UTILITY UT-ILITY TO CONSIST OF A SEWER SYSTEM AND WAT- ER PLANT AND SYSTEM; AUTHORIZING AND PROVIDING PROVID-ING FOR THE ISSUANCE OF $215,000 WATER AND SEWER REVENUE BONDS OF SAID CITY FOR THE PURPOSE OF DEFRAYING THE COST OF THE ACQUISITION OF SUCH SYSTEM. EXTENSIONS AND IMPROVEMENTS; PRESCRIBING PRESCRIB-ING THE FORM AND OTHER DETAILS OF SAID BONDS; PROVIDING FOR THE SALE THEREOF; PROVIDING FOR THE COLLECTION AND DISPOSITION DIS-POSITION OF THE REVENUES REVEN-UES OF SAID UTILITY; MAKING MAK-ING OTHER PROVISIONS WITH RESPECT TO THE OPERATION OP-ERATION OF SAID UTILITY AND THE ISSUANCE OF SAID BONDS, AND PROVIDING FOR THE PAYMENT OF SAID BONDS. IN WITNESS WHEREOF, I have set my hand and affixed the corporate seal of said city this 1st day of November, A. D. 1948. HAROLD H. BULLOCK, City Recorder (. ' 1 Legal Notices The City Council of Pleasant Grove City, Utah County, State of Utah, met in regular session on Monday the 1st day of November, A. D. 1948 at the hour of 7:30 o'clock o'-clock P.M., due, legal and timely notice of said meeting having been given to all members as required by law and the rules and ordinances of said City. Upon roll call the following members, constituting a 'quorum, were present: Harvey E. Smith, Mayor Neils Fugal, Councilman John S. Green, Councilman Harold A. Smith, Councilman W. Robert Marrott, Councilman A. B. Gibson, Councilman Harold H. Bullock, City Recorder The following were absent : None Councilman Robert Marrott introduced in-troduced the following ordinance and moved its adoption: ORDINANCE AN ORDINANCE PROVIDING FOR AND ORDERING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING SUBMITT-ING TO THE QUALIFIED ELECTORS EL-ECTORS OF PLEASANT GROVE CITY, UTAH THE QUESTION OF INCURRING A BONDED INDEBTEDNESS IN THE AMOUNT OF $95,000 FOR THE PURPOSE OF CONSTRUCTING CON-STRUCTING A SEWERAGE DISPOSAL PLANT AND SEWER SEW-ER OUTFALL LINES THE SAME TO BE OWNED AND OPERATED BY THE CITY. WHEREAS, there is an immediate immed-iate and pressing need for the installation in-stallation of a sewer system within with-in Pleasant Grove City in order to better protect the health of the inhabitants and, WHEPJSAS, there has been ordered ord-ered a Comprehensive Estimate to be made for the installation of a complete sewer system by competent com-petent engineers and plans and specifications have been drawn up and submitted to the City Council and. WHEREAS, various committees have urged that the system be immediately constructed and -an initiative petition has been presented pres-ented requesting that the principal prin-cipal portion of the financial burden bur-den of the sewer system, including all of the collection system be ING FOR THE CONSTRUCTION CONSTRUCT-ION OF A SEWER SYSTEM AND EXTENSIONS AND IMPROVEMENTS IM-PROVEMENTS TO THE MUNICIPALLY MUN-ICIPALLY OWNED WATER PLANT AND SYSTEM OF SAID CITY AND AUTHORIZING AUTHORIZ-ING THE ISSUANCE OF $215,-000 $215,-000 WATER AND SEWER REVENUE BONDS FOR THE PURPOSE OF DEFRAYING THE COST OF THE CONSTRUCTION CON-STRUCTION OF SUCH IMPROVEMENTS IM-PROVEMENTS AND EXTENSIONS. EXTENS-IONS. IN WITNESS WHEREOF, I have set my hand and affixed the corporate seal of said city this 1st day of November, A. D. 1948. HAROLD H. BULLOCK, City Recorder x TO ALL QUALIFIED ELECTORS OF THE CITY OF PLEASANT GROVE, UTAH Take notice that on ' the 11th day of December, 1948, an election elect-ion will be held in the City of Pleasant Grove, Utah at the place set out in the following ordinance, and for the purpose of submitting to the qualified voters of said City the question set out in an ordinance ordin-ance adopted by the City Council on November 1, 1948, which ordinance ordin-ance is as follows: GIVEN under my hand and off7 Icial seal of said city this 1 day of November, 1948. Harold H. Bullock, City Recorder Pleasant Grove, Utah Section 6. That said election shall be held in all respects, and notice thereof shall be given in all respects, res-pects, as required by the general laws of Utah pertaining to municipal mun-icipal elections. Section 7. That the proposition to be submitted, and the ballots to be used at said election shall be in substantially the following form, it being understood that said ballots shall comply in all respects with the requirements of Chapter 10,- and Section 5 of Chapter 6 of Title 25. Utah Code. Annotated, WHEREAS, although the bonds authorized to be issued by said ordinance are to be payable solely from the revenues derived from the operation of the water and sewer system of Pleasant Grove City and are not in any sense to be General Obligations of the city or to be payable under any circumstances from any revenues derived by said city from the levy of taxes, it is nevertheless considered desirable to submit the question of the issuance iss-uance of said bonds-to the vote of the qualified taxpaying electors of said city; NOW THEREFORE, Be It and It Is Hereby Ordained by the City Council of the City of Pleasant Grove City, Utan County, Utah as follows: Section 1. That on the 11th day of December, 1948, that being the day on which a special election is to be held in said city for the purpose of submitting to the qualified qual-ified electors thereof the ordinance described in the preamble hereto, there shall also be held a special election between the hours of seven o'clock A. M. and eight o'clock P. M. at which there shall be submitted sub-mitted to such qualified electors of said citv as shall have naid a nron- IAJ-W 1L . NOTICE OF SPECIAL BOND ELECTION, EL-ECTION, PLEASANT GROVE CITY, UTAH COUNTY, UTAH Public Notice is Hereby Given, that on Saturday, December 11, A. D. 1948 a special election will be held within the limits of Pleasant Grove City, Utah County, Utah for the purpose of submitting to the qualified electors of said city, as shall have paid a property tax therein in the year next preceding such election, the following question, quest-ion, to-wit: "Shall Pleasant Grove City, Utah issue its negotiable coupon coup-on bonds in the sum of $95,000 bearing interest at a rate not to exceed 4 per annum payable pay-able semiannually for the purpose pur-pose of constructing a sewerage sewer-age disposal plant and sewer ! outfall lines the same to be owned and operated by the i city? At said election the form of ballot bal-lot shall be in substantially the following form: BOND ELECTION BALLOT For the issue of $95,000 Sewer Bonds: Yes No If the voter desires to vote for the issue of bonds, he shall place a cross (x) in the space after the word "Yes". If the voter desires i to vote against the issue of bonds he shall place a cross (x) in the space after the word "No." On the reverse side of said ballot shall be the following: Official Ballot for Pleasant Grove City, Utah County, State of Utah Special Bond Election, December De-cember 11, 1948. Facsimile Signature City Recorder At said election the polls shall be opened at the hour of seven o'clock A. M. and closed at the hour of eight o'clock P. M. of said day. The polling places for all qualified qualif-ied electors of the City and the Judges of Election shall be as follows: fol-lows: Polling Places: District No. 2: Delilah Fugal home. Mrs. Margaret Atwood. Judge M. S. Christiansen, Judge May K. Walker, Judge Louise Nielson, Alternate District No. 3: City Hall. Laura Allred, Judge Garland Clark, Judge Lorin West, Judge Lydia Hilton, Alternate Dated at Pleasant Grove City, Utah this 1st day of November, A. D. 1948. BY ORDER OF THE CITY COUNCIL OF PLEASANT GROVE CITY, UTAH COUNTY, STATE OF UTAH. HARVEY E. SMITH, I Mayor Attest: HAROLD H. BULLOCK, C5ty Recorder 1943: ORDINANCE An initiated ordinance adopted on November 1, 1948, subject to approval by the voters, providing pro-viding for construction of a sewer system and extension and improvements to the water wat-er plant and system of Pleasant Pleas-ant Grove City authorizing and providing for the sale of $215,000 bonds payable solely from the Revenues of said system sys-tem and providing for the security sec-urity of such bonds and the collections and disposition of the revenues of said systems. For Against The Ballot title appearing in said ballot has been provided by the City Attorney and approved by the City Council. I Section 8. That the City Recorder Record-er is instructed and directed to prepare the publicity pamphlet required re-quired by sections 18 and 23 of erty tax in the year preceding such election, the following proposition: "Shall the City Council of the City of Pleasant Grove Utah be authorized to issue the bonds of said city in the a-mount a-mount of $215,000 "for the purpose pur-pose of defraying the cost of constructing a sewer system and of improving and extending the municipally owned water system, both to be operated as a single utility, said bonds to bear interest at such rate or rates and to be paid for by the purchaser or purchasers at such price or prices as may be fixed by resolution res-olution of the City Council to be adopted prior to the delivery deliv-ery of the bonds and which will result in an actual net interest in-terest cost to the City averaging aver-aging not more than 44 per annum and to mature serially on December 1 of each of the years 1950 to 1978 inclusive. |