HomeMy WebLinkAbout1926 - 01 AGRMT AMND Talent Irrigation District j
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- 4.180�i AGREEMENT. Vo1.4s5,Page.25f
WHEREAS, on the 2lst day of Maroh, 1924, the City of Ashland' '
' purchased from the Talent Irrigation District six hundred acre ..
4 Yeet, annually, of water, under the terms and conditions of a i •
contract between the said Talent Irrigation District and the
said City of Ashland, which contract is set forth in the official
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minutes of the meetings of the Mayor and Common Council of said
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City of Ashland in Volume •• :'� at pages1_:L- and also in the i 1
i <• official minutes of the meetings of the Board of Directors of
the Talent Irrigation District in Volume 1. at pa
ges 28 Rho 35 i
; • , inolueive; and-
I' WHEREAS, the said City of Ashland is desirous of purchasing } + I
an additional two hundred &ore feet of water, annually,- from ( 1
j said district, under the same terms and conditions intended in
said agreement of purchase herainbefore referred tp, E ,
NOW THEREFORE, this Agreement,'.made this 7th'•day oYT.•_
Deoember, 1926, by and between the CITY-OF ASHLAND, a munioipal.
corporation, herein designated as the City, and .the TALENT �' `I•
IRRIGATION DISTRICT, being an,irrigation district duly organized ' t _
under the laws of the State of Oregon, herein designated as the
,.
DISTRICT. -=------- ![ I
WITMOSETH: : 1
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That the District does hereby agree.to furnish unto the
City; from the irrigation system oR said District, twd hundred
sore feet of water, annually, for the compensation, and under
the stipulations and conditions hereinafter set forth and enum
r erated:
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y' Y,li That. the District agrees to deliver said two hundred
sore feet of water when and as needed by the City during-the
period of from the time the District commences to deliver water
{' to its own users and members to October let. of each year, -at 1.
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the city limits, the point of delivery to the city's ditbh or ` E
hU.6 One.
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i I :? 44.8051 Vol.435 Page 252,I
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r •� intake being approximately 860 feet south of the southwest
corner of D. L. 0, $o.48, said delivery to begin with the t I
irrigation season 01 1921.
That in connection with the receiving by the City of said
water from said District, it is understood and agreed that the sai¢
City is to have the right to inetall.and construct suitable ;
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? meters.and spillways at a point or points mutually satisfactory !'
1 to City and District to control as nearly as practicable the j
receiving of the water herein purchased, as well as the water
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purchased:under the agreement of March 21, 1924, subject however,
to regulations of..the District regarding proper notice as to the Y(`
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amount of water desired:
1
That the said District agrees that the-rights herein granted,'
upon the performance of the conditions imposed upon aaid City
herein as to payment; shall be perpetual, and that a oertiYiOats
of water right shall, upon complete payment by the City-se pro- if j
77
vided herein, be delivered, to the said City.'
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That the City agrees to pay to the said District the sum
}' of $2140:0.0 for said two hundred acre feet of water; annually,
;5 1
I such payment' to be.made as follows:
(s) 40:00 gash to be paid to the Distr}ot by the City on
I: contract:the execution of-this h� I
,:; i
• (b) The balance of the purchase price is to be paid• by
i, the City to said Diatriotaby the making; exeoution and delivery F `
` unto .the said District by said City, on-or before January 1; ,
1929, special obligation notes of said City, in the aggregate
gm6tint of $21,500.00; amid notes to be numbered .from 46 to 67
inclusive;, numbers 46. to 66 inclusive to be of the denomination'
-,` oi. tl.000r00, and note number 67 to be of the denomination of
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t�aF #600.00; said notes to bear interest from January 1, 1927, at the I !
t 06
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Vol.4:35 Pa�,e-254
418051 __ °
1 rate of five and one-half per cent per annum, payable semi-annualy
all bf which notes shall provide for the payment of the prin- I j
oipal at the rate of at least one-sixteenth thereof at every
semi-annual interest payment date; said notes to contain the i .
provision that they are payable solely from revenues of the
water department of said City of Ashland and shall not consti-
tute a general obligation. and which notes shall be in form :+
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substantially as follows, to-wits i
So. #1,000.00.
j" SPECIAL OBLIGATION NOTE �" !
� • OF THE CITY OF ASHLAND, COUNTY OF JACKSON
s STATE OF.OREGON f
UNITED STATES OF AMERICA. ;
' FOR VALUE RECEIVED, the CITY OF ASHLAND, a municipal
+' oorporatioh of the BTATF. OF OREGON, promises to pay to the
holder hereof., the sum of e•`-1
ONE THOUSAND DOLLARS
said sum to be payable at the times, in.the amounts, and in ( 1
manner as follows:
Ef� the date hereof, and �62.50 every
$62.50 six months 1. ;. [
•,` ;,t� six months semi-annually there after -until the entire principal
sum of this obligation shall have, been paid, together with I'
{ f3 interest on all unpaid balances at the rate of five and one
half (5*) per cent'per annum, interest payyable,a emi-annually,
t both principal and interest payable in legal tender of the.
United ,tee of dnerioa at tbe; office of the City Recorder,
}, States
in Ashland, Jackson County, State of Oregon: ;
The City of Ashland reserves the right to gay any mmltipie � -
1 suit of 62;'60 on the rinoi al' of this obligation before t
maturity and on any.interest payment date:: ,) I
t JI This obligation, both as to principal and interest shall
be payable by tha" City of.Ashland' SOTAY from the revenues of
the Water Department of,the City of_Ashland and shall NOT
! t, constitute a general obligation of said City within the meaning .I !
Tka" r` of-the Charter of said City respecting the limitation of indebt-
F ' edneee and the holder hereof agrees to look to the water funds
and revenue
of the Water Department of thA City of Ashland for
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payment, which funds end revenuea'�=both present o and future, are
fully pledged for the payment of this obligation. in priority.. ..
over any'and•;all. other"purposes
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,. This obligation is one of a series of Bps Obligation ;
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Notes, given by said City, for the purpose of making payment is
i for a perpetual right to eight hundred acre feet of water
` per year, purchased by said City of'Ashland from the Talent
i e :y�.:;';.y.t,�?_,•: rrigation District, located in Jackson County, Oregon:
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VoL435_Nagj254 +
418051 b
IN ;9ITNESS WHEREOF, ,the City of Ashland has caused this t ,
i. obligation to be signed by the Mayor and countersigned by the
Recorder, under the corporate seal of the City.
CITY OF ASHIAND,
By COUNTERSIGNED:
_. Moor.
Recorder. i
PROVIDED FURTHER, that note number 67 being of the de- I: +
- nomination of only $500.00 shall provide for payments thereon ` I
in the same proportion as set forth in the form of note given j
� . above;
PROVIDED FURTHER, that while this contract contemplates
i
and is intended to mean, that all the funds now on hand in the
i t?,•:I Water Department and all the future revenues .of said Water
i 3s`s sii �'
s Department are pledged for the making of the payments provided = i
for in this contract,_.yet. as a specific provision for the
meeting of.the payments under this obligation, the City of Ash-
land agrees that from the revenues which shall be received from
t#e••eale of water within the City of Ashland, Oregon, there shall
be set aside each month,and in priority over any and all expen- ;i 1 a
z +§ ditures, and in priority over and above any other purpose, and
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;xl��.>�t as a sinking fund, a sum sufficient to promptly meet the payment !.
--of...-theprincipal and interest of the notes issued under and by
virtue of this agreement until all of said notes have been used, + i;
for no other purpose than for the payment,of. said principal
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and interest on said notes.. 4(,y •. I ' I E
V. II SSS��
That the City agrees that after the execution of this con-
tract, that it will, upon demand by the District, pay the annual
oporatipn and maintenance cost of the irrigation system propor-
tickets to the amount of acre feet herein purchased, and the
y�t�}. tit{ ,1, .. •I I
same as if the City had two hundred acres under and within the :• � j
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Diatriot, this payment in addition to operation and maintenance
payment provided-in pa;agr$ph.VII:of.':thd contract of,Maroh;21•st, I j
1924, 'covering the 600 acre feet heretofore purchased, Said main- j
°Y 1 y. $w t 1 j 1'^? 'r t` 'r^ 'tw
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4.18051 �_Paga__R
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tenanoe cost shall be inclusive of all replacement oxpense and r
j betterments to the system, but shall be exclusive of any poet
of new oonstruotion,for additional acreage, and exclusive of -
any charge which may be made to take care of any other delinquent S
irrigation assesaments aside from operation and maintenance !
j
delinquencies, and further, exclusive of any and all charges I .+
on account of interest on bonds issued by the District. 4
VI•
. ' That it is understood and agreed that the regulation of
z the use of the water right herein granted shall be in the control
4 ` �
5
of the Board of Directors of the District, the same as all users ': i
'I who are members and stockholders of the Districts"PROVIIND, i
. however, that the City shall not be required to use ,its water"
herein purchased in rotation with any other users" and shag] have
during of fr= the time
- aright to receive its water d ng the period •. ,
the District commencea t4 deliver water to its own members and
users, to* October tat of each year. when and as desired by the
!' said City; SU4j3CT, however, to the oapaoity of the ditches of
{ the Di strict.delivering same, it being understood that the City �r P '. ra
I xtrM�' will be reasonable in its demands respg the dl of -..
f x: said water.
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Thatk it is understood that the City of Ashland, in respect I`
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to the six hundred acre feet already purchased, and in respect
�; to the two hundred acre feet herein purchased, is buying stored
} + water and is entitled to receive the same from t
he District District
{ ( ' during said period,each year. when and as desired: ,This pro-
1 vision is made for the reason that the City of Ashland ordi-
4 titi. narily dose not desire to use any of the water purchased from
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s'rj}sf` the Tslent Irrigation District until the latter part of the :I j
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s summer and early fall: Qoneaquently, the water must be held rf
by said Dietriot until called for, by the said City, subject,
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I„ of course, to regulations as to adequate notice of water require-
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nte by the City from said Distriot, and subject to other
ft. �l.r}ih7., 7 � t. C.�t:;,4 ,1 !�Y,-:��}"'S'a?^ial.w„i�:;avmsmF' �•Fr,�' � t I
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j I 4.1805 .Vol.435_Page.211 G
provisions of this contract.
j VII. 1
That it is understood and agreed that in Case of a shortage lip` j
! V of water in the systems of the District, then and in that event,
the City shall only be entitled to its pro rata share during the
period of such shortage.
VIII. I
I That it is understood that the City is not to be restricted
in the use to which it puts the water within the city limits,
• I
+ ( the City being the sole judge as to how said water shall be '
disposed of within its limits.
I%.
That it is understood that the District shall be obligated
to deliver water only to the city limits and after delivery to
the city limits, the responsibility of the District shall there- `
upon cease, and the City shall have sole responsibility and 1
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authority over the delivery and distribution of the water within • l
the city limits: +q '
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That this contrast, as a whole, shall' not be construed as
�1 2
pledging the.-�oreditR..ofi.the City witnin the meaning of the
f'I•- Charter limitation imposed ups of n Ashland, but shall be speo.ial obligation for the Mayor and Common Council of
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'the City a the. '
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} payment of whichs all of the present funds to,the credit of the i'ntL{p j
Water Department of said City, and all the future revenues of I
1 said Water Department are hereby irrevocably pledged and the _, j
District agrees to look solely to said funds for such payment.
r� + THIS AGMMM GNT is ex
eauted in behalf of the CITY OF ABHS,AND
by its Mayor and City Recorder by virtue of authori.ty given at B11J i
adjourned meeting of the Common Council held on the 2nd day of r
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Vol. 3 Page.
j 418051 � I
4-.,.. Deoember, 1926, and the TALENT IRRIGATION DISTRICT 1o� 1a4
•.per,,jSt \ .�(,
this instrument to be exeouted by its Board Of DirO 6x'o`,14"4.. ': ,
at to
b to Be rotary.
d Pr as of; CITY OF �AOp
BY
CITY OF 1156H1,A11D
` BY
•. eeorder � {
8 P as ,of; TALENT IRJIIGATION'DISTRICT } �
! a By
Dire o cr`
Att t:
i eTATE OF oRrdoN
,h f
JACABON COIINR7C •• •. d 1
{ =� On this the 7th day of, Deoember, 1926, before me,.the under-
_4 signed, a Notary Publio in and for the State of Oregon, pereonall
` appeared 0:"H. JOHNSON, the duly elected and qualified Mayor +
Of.the City GY Ashland and GERM= BIBLE the duly elected and
qualified Reoorder of said:City of .Aehlspd,:who; each.being duly ! y
sworn-did say: T1iat.0. H•'•Johnson is the Mayor of,. said City and 1
Gertrude Biede is the,Radar
of said,d�ty;..that the, seal affiae Rk '
F to said.,.inetrument.is the,,:oorpoirate seal 'of.sAid municipal ookpor � }
ation; and that.said instrument was signed and.sea7ed:iiy behalf
�a of said corporation by authority of i�3s Common Couhoil and said j
0. H. JoYineon and Gertrude Biede acknowledged said instrument to
be the free act and deed of`said municipal corporation:
a
IN TESTIMONY PiNF1R�OB, d.
I have hereunto set my hand and x' 1
affixed my Offioial Seai,rthis the day an year, i
ifioatb. first..above written.
cert
1 6.'M 11Y commission expires: r;
���+"1r��•�tx � 0 AR PUB I OR 0 G
c $
111h A.
y�S t.`�/-gr g�sdir ri` 1' - f rt oil r f �[fiY±tt........
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Vol.435 Pa go 258.
418051
BTAT2 Ol' OM001
;Y.
JACKSON COUNTY I;
On this the 7th day of.Deoember, 1926, before me the under- r
j signed, a Rotary Public in and for the State of Oregon, pextonaXl 4
appeared 0. Arnepiger, to me personally known, who being duly
sworn did say: . That he is the Secretary of the Talent Irrigation
District, an irrigation district duly organized, licensed and
! District under and by virtue of the Yaws of the state of Oregon&
and that the Beal affixed to said instrument it the corporate
pea d Talent Irrigation Distric
l of=sait. and that said instrument i
wet signed
-and-sealed-in behalfof' said-'di strict by authoxi.ty
of its Board of Directors and said 0. Arnspiger aknowledged !
said instrument to be the free act and deed of said corporation. 1
IN TESTIMONY WHrREOF, I have hereunto set my hand 4
' and affixed my Official 8ea1 this the day and yea it n1V
certificate first above written.
commission expires:
XOTAIff PUB IC FOR 0 GO
State of Oregon,County of Jackson—SS.
Thew m ln5trumenl►ecelued end file at •o'clock ,�
t r, Jn,the.-_ 1 _dey of_. J
recorded 1n. decor for Jackson CoUlity
oun Clerk. 2
Ord.. Deputq
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