Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-06-15
C|TY'S ANSWER
IN BONDS CASE.
A Clear and Conclusive S;sIemsst
OF the lssuaoee Of the
Securities,
TO SUPPLY MUNICIPAL NEEDS.
Court IL Asked to lnyOks Rule Andy.
iug to Constitution that VIII AZ
firm Legality Of Issue,

The answer ~ Sall Lake cay 10 tho
action instituted IN the supreme court
by George " Ellcrbcck ia prohibit the
issuance ana mlc Of the special watcr
and sewer bonds amounting 10 $1,000.
OOO. hat been illcd by city Attorney
Dcy and Attorney r & Richards The
brIcf containing the points relied upon
by the city IN establishing the legality
~ tho bonds follows IN fun
MUNICIPALITIES NEEDS.
Al the beginning Of the prcsoul "a.
mlnlslra,lon " the municipal govern.
mcnl the mayor called the attention
u the city council to the necessity u
| formulating aud carrying out q plan
| Tor increasing the cltYE water supply
| a special committee wHr appointed
| consisting of the mayor and lvc mem,
| hcrt " the city council who, with the
! assistance Of the city engineer ana 10.
RAJ counsel commenced u careful and
| thorough investigation ~ the subject
II Was nscerlained that the city owned
AN abundance of water but that only
| u comparatively small part of II was
/ M for domestic and culinary use, ls
! potable water N derived from CITY
| creek, Emigration creek aud parley'B
| creek ana the aggregate daily supply
| from these sources, AT tho season OF
minimum now IN about 10000 600 nal.
Ions Tho remaining i300OOO0 gnl.
Ions belonging 90 the city consists VI
Utah luke water, which N good for r,
rigallon purposes bu, ls wholly unfit
for domestic aud culinary uso, II was
also ntoertalnod that the available
sources from which an Increase In The
supply OF potable water could be OBJ
tanned are MN Creek, Big Cottonwood
creek and Little Cottonwood creek,
which, In the season ~ lowest now,
furnish an aggregate daily supply of
nhou, 81 900 oOO gallons,
The city was without money 20 pur.
chase water rights aud construct wa,
ierMotke, and under the law, It's power
TO borrow, for the purposes NJ obtain,
inR water artificial llRhls and sewers,
was limited 20 about Si2b0000 u waA
Hsecrlolned that 10 bring water from
Cottonwood creek into tho city and i'm.
prove the distributing works - as to
render them available for use through
the Na,erworks system would cost
about half million dollars AZ tho
NhN'l llFOlf w Nllll 'INfki hlh 'nliofH
wood ana Little Cottonwood creeks are
very valuable II was evident that the
city could not obtain the money with
which TO purchase the waters Of these
streams, but would have TO acquire
them II a. ALL by exchange for Utah
lake water NJ which n mas nm abund.
ant available supply and lor which II
has no present use. II was found that
tWo.thIrds NJ the land Apon which the
waters Of MN creek Dig Cottonwood
and Little Cottonwood creeks were
used FOR irrigation lies below tho
cityt cannl, which brings water from
the Jordan river and Utah lake aNd
that said lana could be irrigated from
said canal
LEGALITY or Issue
The question ot issuing water bonds,
amounting 10 $4,000 and ecWcr bonds
amounting 10 $4,000, for the purposes
stated was submitted 10 tho qualified
voters ana taxpayers of the city ON
the sra daN of January 1905, and u
majority ~ the votes east were IN ~.
vor ~ the issuance " the bonds II
H. commended by tho rclnior that the IN,
suanco Of the proposed bonds would
lo Illegal and ave grounds NJ objcc.
lion are assigned which Nc viii now
proceed TO discuss
Tho rolator contends that the water
rights. which Win hc obtained 10y the
CITY under the options held by IT, are
not absolute rights, but are subject ~
forfeiture IN certain contingencies, aud
that the interest which the city win
ACQUIRE by virtue OF the option con,
tracts, IL not such on ownership and
control 40 " contemplated by section
4, article II ~ the Constitution Of tho
state Of Utah.
II Nv provided In section 3, article II
of the Constitution that no debt IN GA,
cess Of the taxes for the current year
shall bo created by any city unless
the proportion 10 create such debt shall
hnyo boon submitted TO u vote of such
qualified electors as shan have paid
d property tax ihore In the year pro.
rcding such election and minority
" those voting thereon shall have voted
In favor Of mourning such debit
Section I, article II " the Constllu'
ton says
"proyldod further That any city or
town. when authorized no provided IN
section . Of thiu article, may be allowed
TO incur n larger indebtedness, not oss
cccding I per cenlnm additional for
supplying such city or town with water,
nWlnolal lighlH on sewers, Whon the
work for supplying such water llght
ana sewers shall be- owned and con-
trolcd by the municipality"
Revised Statutes Of Otuh, 1898, paao
o.
II II proposed IN the optional con.
tracts 10 grant, bargain ana sem e.
the city all The rights OF the prcscut
owners 10 the perpetual use Of the Wa
tiers OF BIZ cottonwood creek, reserve
ing tho right 10 the grHntOis, In case
default II made by the city IN lurnsh-
Ing the exchange, 10 use the I0ttOD-
wood water during the tlmo that the
default continues, and II the clty'H fall
IRE 10 furnish the exchange WOtcr con.
llnuoe Tor perlod of six months, II
shall then be optional Win the farm
oN whether the contract shall hc ter.
minated or not
WATER RIGHTS TRANSFER
Tho defendants contend that inas-
much Oa the granting words ~ tho
contract nurpor 10 transfer the wa
ter rphtB including the entire inter-
oals NJ tho owners therein, the city
takes the property and rights IN NIB.
sOluie ownership, that the condition
for forfeiture IN n condition subsequent,
which operates on the estate already
vested ana renders II li0hlo 10 be do.
lontod only ON the happening ~ the
contingencies named and upon ro-cntry
The sranlor's rlght OF re'eniry Tor
breach Of conditions subsequent by a
grantee IN fec W not an estate or IN
terost In real property AZ common
law II Nv only u possibility Of roycrtcr
ana rot rcyerson,
II seems 70 be well settled that tho
rght Of ro'on,ry for condition broken
"a not royorsloni nor IN II the POSSIBLE
ny Of rcyoreoni nor N II any estate In
| the land, n ~ a mere right 10 ohosc
| IN action and II enforced. the grantor
would be- In by the forfeiture of condi'
| ton, and not by a revertor,"
"Owncr rs word ~ common parlanco
and IN therefore literally construed, tho
precise meaning depending upon the
nature Of the subject matter and the
connection IN which II " used"