HomeMy WebLinkAbout1924 - 01 AGRMT Talent Irrigation District ' ItiIYJ+ 1,' rz1liJ1 '!'
NBURAG, for m n7 ,years the City of !Ashland, MCC
tJu= dry, or 4rrxtal,,.nn sensor, hr'_s sttfi'rrod 0. Aahortap�e. of Mir for
irrigation pubposos, and
IMIMAS, the City of Ashland, by its of..fionrs hmvn conduct®
M and wlsad to be onr,dneted n. th.orouhh investigation an to the
boot monto of rer]inW& mh shortann of thtatar, rind �
T;HLF.i AS, no the result of such inv'esti ati.ori, it; has boar
detnrntinnd US the most practicnble manner of taking care of the
situ'tti on, enonoi;aictally Qnd sntisfnotorily and providin; for the
put"ro, Is, if possib).r), 0 6owwo, Ova the Talwt Trri,tion
District rtiMcioii{" to Clirnisb irrl aLiot), hater to those
desKS; it, and traps o aro of othor uses for rrni;nr within the City
s.314le from aorlontico i+sr;, ,.igns relifnvin), f:ho Orca'in on the prosent
Ashland Crook doraostic vlater supply, and
o P-T'AS, the Talent %ir3.t;atiri Dit,tr1"Ct; has alron.Q
ooi?.3trttc{;ed rah1�� is 11nmyn no the ijtatt X'rairir heservo�.r, and
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is noij oontempIRting the constructioia or'. crhtat is l notni as the
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Lrnigrtant Crook dram, azut 11.1, the I n , -Iontionod da•ra 3.8 constructed
the said Talent lrriGation District will be onabled to turni.slt �
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the City of Ashland (rater in such quantity as it nay dosirca, and
A's�i,.i1tFAS, the -=ayor and Corunon Council, tat t ropul:tr
mr-otir? held oil thtl loth cl.ny of (Iotobor, 192c',, of tf)v bo,nl fully
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advinod. in the promises, voted to purchase .fron tho Talent T.rri a—
Lion District six hundred Aore Sent; of tutor, And
j HERT;lAS, the Tolont Trriration District, vnder the
pro 3 dons of Soat'i on 7,5537 Olson's Lanrs, de si rn o 0 contraot
rriith the Cit—Ir to iurriish the rater in Lho event the t:raig;ront Creel:
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Dam project is constructed,
TIMRI,7011E, THIS AGII'LILAIT'JIT, 1-ilado thie_ aL_S4_dmy
of 1.1arch, 1924, b,y and botwoon the City of Ashland , a ),=nioi A
corporation, herein dociqnatsd as the "City" W the Talonb Irrigation
MOM, being an i"iytion district duly Organized undor tho Laws
n-%, tho Stato, of herni).'i (legirnatod as
WITM,78 SETTS
1®
That the DOW& dune hereby agroa to furnish for
oompohnalion unto UhO City of MUM, froj-n Vaci ire Sation systems
of said District, six hundred aura Stint, annut-)Mj, of water under
i.he stipsal,,tin Is a.n.d. 0ondilu 101)FI her e Inaft a r set; forth W I(I o I)lmv3ratod
2.
TImt tho Vistriot virs7a to MISS said Ax hundred
noro foot of water, me nooded 1tj/ the 0ji--,y, during 1 10 ir ign i 1
season, at the City Limits, Cho point of dnilvery to the City's
ditch or intake, brazing hundred fifty foot
south of the southwest corner of D.L.C. No. said delivery to
bogin with the irriNsaiar. oo�,rww of 31P215.
That tho said District agrees that the rights
boroin granted upon JAa porforrmnao Of 00 conditions imposed upon
the City herein, as to payment, shall be perpetual, and that a
oartifionto of water right shall, upon nompInto paynont by the
City as provided herein, be doliverocl to q;,,-,.,a ejid ci-
ty
4.
That* tIv-) City of Anhlfir(l heroby ptiroi.jaw3a from
the District the right to six hunlred more feah, annually, or
water, an provided in paragraph 1, hereof, and in consiloration of
tho righto and benefits heroin granted to the City by the District,
the City agroes that it Will pay for said -,ator the smi,Ie prig, or
acre foot an will be assoonad ugainsh the property within the
limits Of the Proposed nov unit of said irrigation district-, said
P-2
price bein, as determined upon completion of the Ewiigraxtt-Crook DaYA
AID 00USTRUMOA OF the irrigation system contemplated in connection
therewith,--in other words, the City agrees to pay its proportionate
cost, based on tho number of acre feet of water which it herein
purchases, upon the complete construction of the now third inUt. By
way of explanation, Wo estimated cost par acre foot is 1,J05.00
but it. is iam(lerstood ITS tbo ontbpatod cost Bay wary appronizately
10 eithor under or over `,-,he es-,'Jimn-be from the rwtual_cost and. -";he
City al roes to pay whatever the actual cost per acre foot is as I.,lay
be determined ii;imodiatel-y upon completion of the project.
6.
Tbac in further explanation of Lho be rni "aotl�)ftl cost",
i..t is urndevatood the't the s",io is the oost as asoertained iDDrodiately
after completion of the project and is not to include any Wer
raino in coat, oaused by doliniii-iontoy of 1)roporty 05'!nors \'Ithl"n the
district.
P.
ThaL the 01ty arrons that it ulll make psymtnat for
the said water right, its follows:
(1) 120,000.00, oarfli to 1)(1 pllvl the, Diatrict,
(a) shall. have hel(I its election and returned a
favorable vote an the construction of the said
project
(b) shall have issued its bondf; in con))entiou with
the project
(a) and shall have lot and ontored into a Por,aal
contract for the construction of Emigrant Greek
1ZLn aild prod-)W; Lk oor),00tion -Ghor,3jiith und
recoiv ad from the contractor, or contractors, a
good and 8uffiebmt bond Tor the faithful per-
formance of the construction contract, or when
the district, by roaoan of
bicls shall have undtortii?.eji fire o01)ntruotio1J
uork
(2) 612,000.00 on We 15% day of tho month fullouing
the, makinf• of the first "::20,000.00 payTient aforesaid,
and 012,000.00 on the l5th &rj of wioh month
following until the snm of ('56,000.00, in 911.
shall have been paid.
P.3
-3 The balance of the purohaGo price to be paid in
full immediately aRtor completion of the project
and the ascertaining of the "actual Cost" of the
Emigrant Creek Dahi and Gther works comprising the
Third Unit.
PROVIDED, bovrever, that, rho Bity she'll have the right
and Option, instead of rakinC, ti-le pe�,pients mentioned in sub-divIsions
(2) aild �3) above, ON in to say, instedd of making the pyywents
aside iron the first 020,000.00 M CASH, to nyho, oxomitex and. deliver
unto thn Di ntriat spnoial obligation notes of said OitY for tho,
arAlAtut of onah payment, one note for 012,000.00 to be datod M
delivered the day the second payment under this contract bet-ones
due ( ho?.ag first .,:12,000.00 p,.,yi-aent), Or's note for
to be dated n:od delivered the day the third payment under this
contraat Noores duo (being Un s000nd 012,000.00 Payment), One
We for 012,000.00 to be clttt3rl wnd delivered the clay the Pwwth
pa, n (being the third. ; 12,000.00
, under this contract hocom�-, dLiz,
ptlyment), and one aot-; :ro-(. tbo balance of the pur-
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obese price niay be ascertained to be (being the Lnst payment), to
be dated and delivered Vic do.-y the fifth, nni final ,aten` under
this coi,tlbract shall b000mi of which nototo shall provide
for tiro pv.jniont in quarter annual instal.13-ftonts of (',375.fY0 each, with
inten�H_. 0-a [All nn'wAiJ T:al it -the., Me of M per cent per annum,
interest psyAble semi-annually and providing; Enrtllnr that said notes
shall be payable solely from the rovanues of the Water Dapnrtmarwit
of tho City OR Ashland end Sholl HOT conatituto a joneral obligation,
iTich notou ,Trull each be, in ?orm, Motantially, no follovnj to-uit:
UCAiJOY UOTF OF
SPEQ,IAL 0-
D
City of fisliall)d
Jackson 001.121f'y' State of orogon
TbIlli-,oti F't'ato OP Arr"3na
12,000.00 Ashland, Orogon,__ ,19
For valuo repoeivail, the CITY (IF Aflh!TAlffl , a rinniaipal
corporation OR the State of Oregon, promises to pay to the holder
hereof the sun of DOLLARS
said r-am to be Payable at the t.nes'—TA the amounts am manner,
as follows:
`375.00 three months from the elate hereof, and.
',iM.00 every three moaaths (gwrterly) thereafter
Yxntil the ontiro principal ^itm of this oblie;ation
shell haiae been paid, together w1loh the interest
on all unpaid balanoea at: •i;horate of six per oen.t
por annurn, payable semi-annually, both prineippl wid
interest payable iii lognl tendpr cif the United
ita'cos of yworicsa, at t11H office, of the Gity licoordor
in Ashland, Jookson 00-mity, State of Qrof'on.
The trity of Ashland reserves the r.iglxb to pay ?"375.00
or any r;tultiple thereof on tho principal of this obligation before
mo turlt;y ant% on any 2nfeYt,^7; Y)c,.;y-mmnt date.
1'113_8 obli?;caisson, both cis to princa.pal find in ter3:t:,
sl::tl.l i;c, pa.r�,.blo by i;ho t I. ,y oi' llshlaymi, solely from the ro-venues
of the V;htor Uepartwent, o3' Cho City of Ashland wid shall O
constitute a go,neral obligation. of sr+id City within the men-ling of
the Uhsrter of sq.id City reecpr.ri ins i:l e 1.S.mytn.tinn of 3ndebteclness
and tho holtlov hereof agrees to loop to the water funds and
revenues of the Plater Departmont of. tho City of Ashland for pnyvnent
vhioh funds grad revenues, both present and tutus, are fully
�,
pledged for the f,a�lmon of i. obli;s.?.t; Y �i in •��rioriT,y over Wiry
add all. other pttirposl�s.
This obligation is one o:i' series of 8pooial Obli ration^
Motes, given by said City, for the p,,crpos, of m:aJ-inr pslment for a
perpetual vie;ht +bb six hundred aow* foot of Yw)ter, purohr,.nnc1 by said
City of Uhl vd fro:! 'i;hi I"PYlerd i.-r ire,:t.i.0 , Dint'r lot, located in
Jaci,_son hl).- ty, Urea;o i.
114 WIT HE'S") MaFrd,;Or, the City of Ashland has caused
this obli a-,-Aozr to k,r oiitood by he t e;or woo. courri car fi_tmo(l by
the hocordor, Sander t.'Iae oor^porate serail of the City.
OITY 010 A1,1I1-AIM
B'l.
hecor or �
PIMAIII)ED, f,Yrthor, that the Oity of Ashland shall
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have Cho option, i.nste.ad of giving mie YYoto to cover a pnynYPnt duo
andor this obntraot, as prov.lded,abovo,. to give u eerier, (if notes,
saytYe -to be not less than �J,000,00 csach, in amount, and erzoh series
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to a;Baca,;aL-e the sane in prinoipal, in amount of monthly payments,
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and to boar the €aaayme geaYoral form as provided abu e us i.f one note
t
Yore givon 'or oath palment. In other words, Chore Noll be no
dii'feronoe, except that the not:os may be givoaY i_,a I sc-Yall er ar-low-1to
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to be of oonvonienoo to investors, the a5%,veg to 4mate of pka.ymmm•1;
1;o roumin tho 'aura-„
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o e
PROVIDED, fuf-,ifltory that ilailo this oontraot
contemplfttos, and Is intended to moan, that all funds now on
hand in the 'Ja-For Dopartminut and all the future revenues of said
Plater DAPart-Tient, are pledged for the making of the payments pro-
vided for in this oonWotj yet, as a specific provision for the
meeting of the pairments under this obligation, the City of Ashland
agreau that fron the awvwwas Wich shall be received Trwa tho sale
oV raster Whin the City of Ashland, Oregon, there shall be set aside
nae-11 rioncPa and In priority over any and all eyzpenditures' and In
priority over an above any other 'purpose, and an a sinking fund, a
slut sufficient to promptty meet the payment of the principal and
intnrost of the noboa loshoid under ane)_ by virtue of i1111s agreement
rin'f%'i 1 all Of said nut"a have bwm WHY Paid, the mmqs in said
sinking fund to be used for no other pwposo that for the payment
of said principal and ivtoroct on �aiA -notos.
PROVIDED, further that if at any time the City of
Ashland shall become delinquent in nitbar or any of its paynLPnts
(Panning W P!ryjae'50 to be MOM either in oaoh or by the giving
of xiid DOW); provided for in this section fro more than sixty
days, the Talent Irrigation Dinhriat shall We the rQht and
option to deolare this oontrnat at, an and and all payments made ly
the City of Ashland forPeited me liquidated dwimgos for such breach
of contract by the City.
7.
Thtd., the City a�-roo.o t!)L'.t iaf Lee U10 pro jeer; is cosiplo-i'60
and the dolivory or ,rater oo,xiono0j, that it loll, VTon de4mid
by the District, pay the annual uporabion and iraintonetnee cost of the
Irrigation System proportionate to the cajol!))t of
aore 200t hopoln
purchased and the same as if the City has nix hundred acres under and
within the District. Paid maintenance cost shall be Inclusive, of all
replacement expenuo and bottorrient-t; to the synton, but shall be
oxelusi.vo of any cost of nevf construction for addit-loilftl norcage, and
n 0 It
any ohnr(4n wjjj(.,h -nay be made to tn2fe ctir, f any other delinqqe1w
irrigation assessments aside P190, Opp G rat-.,koy, and j-,jn.jnt-enaTo delinquin-
cies and furthoro exclusive of any and all charges on account of in-
Est^ trict.
's.t. tj by `rho Dis s
Be
it ja vndornton0, n,3I1 nj;rnod that the
ht) control
ya,or Virho her,_,ill fp
of who use of tbo rsrted shall be in t
of the Board of oiynntors of the District, the soxiin as all us.ors
who ar':) f.iodbors and stockholders of the District, PROVID.LD, however,
that; the City shall not lie reqidrorl i-,o use its water herein pur-
0hased in rotabion with nn�r o-'rhor ur,irr, ard slial'i hakre a x it-;ht to
1`501s:1.,,r,, its %,-_).tnr j'rr�,.r,a -irod b t3,01, ,j)rLso?.l an (jes the
said oityl SUBJECT, hovmver, to hho capacity of The ditches of the
District delivering name, it being understand thht the City will
be reasonable In ita dorlftnd respecting; the delivery of said water.
ThLVo iti�.G runt 'T' as, of
a shortage of water in the 13.vstorls of the ')Irtriot, they,? Mid- in
thot o-irmit, IvIle, City shall only be untitled to its pro rate share
dqr%G the period of such shortage®,
100
That it is understood thL.t the 0it'T is not to
be rostriotod in the use to which it puts the wator within the City
a
LI r a.
-mits, the City boinT the sole j ,o as to how r shall
be disporod of within its limits,
lie
That it in understood that the Distriot shall be
obligalod to deliver I% wAor only to the City Limits and after
delivery to the Oity Limits, tho responsibility of the District
shall thereupon cease, and the ajty shtil haNre, sole responsibility
and wathority (riror the dolivery and distribittion of the �Iabar.
within the Oity Limit's.
lu.
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That this contr,ct, as a whole, sliri,ll no'$ be oonstrued
as pledl;irrg 'che "Credit;" of the Oity Tri.tilin the iaeanin of the Charter
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limitzilion imposedf,uponl the 1`ayor and Corm'ton Council Of the (11ty of
Ashland, but shall be al speoiat obligation for the payment of which,
all of the present fundp to th cradit of the i±ater D.p;wbment of
s:'.1d City, and O.i l Utc) i4urt.iro rov'enues O ' si.'iq u'vcor Dopar tment are
horoby irxov'ocabl,y pled t od and i thcr llistriet >i trees to look i so'lely to
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said 61-vads J.or s?soh pa,Titi,Cnt.
� 13.
'i'his oontruoti sh:r.1J. aupor4,edo ar(d unsno1 ,,',�'�;.�:;-, Cyr Wi_n
contraor, covering the samo subjeot matter heretofore ontored Wto by
the My of Ashland and t«e ltte& IrrIgahi.oi 00triet under elate of
October 1G, 'l9r3®
MIS AURLI211s1IT is offecuted in behalf of the CITY OF MIIL13h1D
by, its ?.a;;qv and C,ty Re3c.odor by v+r'rrtr, oi' t,ui hor?.t;y tai.0'c;)i tit. an
nd joist,(€a mooting vi° tho or-ujon coitrrcil 1aold On tho 11vt d1y of I`.arbh,
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24, and the 1A.JrM IRRIGATION D?:GT1tit::c has also Caused this irrstru-
moot to bo r .,,Cuter by its Boslva of 17i,owwrre and ztraukd IV its
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Pxooitbed in Presar7oo of: By 0. L. LOODIS (:21Ui31EU)
Mayor (Ullrf OF)
MI. M. i,P2IG(xS lj)4 8 HI A-MD
01,14 OF .Aloiff"Wi7 WEAL
10. (7. J"i1.LAl r) By GIIIIR RUU}3 T_il ,l)1: (SIU1�M-D)
�.. ,Boorder
Executed in the Prosenoe of: TALBUT 11MIGAT1011 DIS'L'HOT
G. STIMBL.BFIELD (5:i.t'trr )) BY j, 11ARTSE''LL (11i1GH3 D)
BY - r . T. iU1-R 1T,Y (SIGNED)
.�. C. DILL A1dll {SIOP,F D) — -��
DY P. 'U.. JU."Adtll( (SIUI(EU)
Attest:
0. 1' IRSP1GER (SI UED)
Seoro�ri.ry
P. 3
STATB, OIL' RE"GOIT
on thin the 210 AV OR NMI, IM, before me, the
I =6 u)do f" v IA I') of Orof.�,Onv personally
A i[(3!;,AI-,7 'PIA01 --�J 1
appeared 0. L. LOOM, the duly oleotod and, qualified labor of tho Oity
of qY10. "DTMTIJjIU.E, =02, Win duly oloi-,tod aaid quv�.I if!((! R000vddr
of Raid Ulty o.e A:;hltind, who, nmah 006 lily savor))., did aay—, Thzvb G. L.
MUS is To My= of said Uity od Gortrudo Bledo is the R000rdor of
said Oity; that the soul affixed to said inrtriimnnt is the corporate
SMI of said rmdolpa.l corpw-tvi-,ioll, Illd that said 511113t'1`111101`110 W0,0 f46,110(1
nnd namlad in MCI of said oorpo-zvolon *b,,r of its Onvivoi-i
Oounoll and laid 0. L. towis and 751r)(In oa-,`id.
inntrnwont to be the free not rind dead of amid municipal norporation.
:Cl? T 1,N" $Ot JrvN Inij U11.01fY W14110tYM, I have 1u;rounto I (I and
cabor,y MAORI Ml blik the day and yotm.,, Ivi th-to ny w)rW ri
first, 0.11ovo wrl""UtOn.
Iw Counission UxPirou..
February 8th, 102Y. !Me ln' .�r TIA 0.1-1 Pok' OregOn
(IMT,61Lff
JAUKUDA COUNTJ so
On this thn 22rd day of Mob, 1924, bnfaro me,
the undovaigned, a Rotary �MZ771,-I t"t:ld for 1) of uvdgoj)-
personally appearod 0. .4 IL;o Yan, t)(waoivi'lly
the
d"T— n, U 7, smy: 01+7=)p iii y Or of the Talont TrObation. QW&M, an itriCation WHY% dolly
prganlaod, lioenrind and oxia"iin" lindor and by virtue o' tho Lave
of -';`4,--) :)J'�' at)J that Ili,-) a"ial, af'r'iX4-d to nft!:A
is the corporate nov.1 Q naid Talont Irrioutinn lashriot, mid that said
in8l,r',V,a)jt J1,8 nignoR M nailed in bohalf of said district by
authority of ita Board of Diroatorn and snid Q. Arnapigor aaknowledgad
said 03hrunont to be the Mo act and Aviod of sail norporation.
III WITIFOSS I I-awo lio,,,mvito ,3,),ti III,y h and affixed P7 ORMIal ON this the day and yoar, in this my
oortij'.'-I('tito Ply—vu itbovo wrU."Wil.
UOTARY SEAL)
DPINIS I,D)
!',ly 007(wiission 7I-r7y r,'T, n—o or l)r Q 0 n