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HomeMy WebLinkAbout4 of 1926 - A resolution giving notice that the City Attorney is authorized to bring one or more condemnation pr REMARKS: Resolution No.. By Commissioner Neslen Giving notice that the City Attorney is authorized to bring one or more condemna- tion proceedins to condemn and take all raters and rights mot.....covered-by exchange agree- ment in Big Cotoawoad Creek flowing through Big Cottonwood Tanner -itch. III / C ROLL CALL VOTING AYE AY Salt Lake City,Utah, June 7 192 6 Burton - -- t No �fi of Law Dept• '.__ I move tha Report P7n bed and filed and the resolution laid over Concurred in Green- • - - - I 1,1 . to come up in regular ardor. Moran - — Mr.C airman - - - + — Result /. / / Co',lies i,ner o r, , Supply & Waterworks Passed by the rd f C ' sinners of S It Lake City, Utah, GF City Recorder Ma r • LAW DEPARTMENT WILLIAM H.FOLLAND CITY SHIRLEYP.JOT SALT LAKE CITY CORPORATION ALONZO W.WATSON WILLIAM Y .. RASENES PROSECUTOR W IL ASSISTANTS A.FRASER i AssISTANiS PUBLIC SAFETY SLOG. F.5.FERNSTROM SALT LAKE CITY,UTAH CLAIM AGENT June 4, 1026. . A. Leetham, ;ity _.ecorder, ,ity. Dear ..ir:- I hand you herewith for passage by the oard of Jommissioners a resolution declaring the necessity for condemnation of certain water rights in the Dig Cottonwood Tanner Ditch and directing the Jity Attorney to proceed by condemnation to acquire such interests. ..ost of the waters of Dig Jottonwood Tanner Ditch have already been acquired by exchange with the Gig Cottonwood fanner Ditch :Jomoany and other individual owners. here are, however, several persons who own portions of this water not included within the corpora- tion and it is necessary that we proceed to acquire these waters. I, therefore, recommend that the resolution be passed and published once in a newspaper. Yours very truly, 4E2.K 1)1jVas, City Attorne Burton I move that the resolution be adopted. Finch Green 1/ Moran j .i/j‘:‘11- Mr.Chairman - - - Result RESOLUTION WP.BREAS, Salt Lake City, for culinary and other uses by the inhabitants of said city, has acquired a large portion of the waters of Big Cottonwood Creek in Salt Lake County by virtue of exchange contracts heretofore made and entered into with the Big Cottonwood Banner Ditch Company, the Upper Canal and other owners of said Sit dottonwood water, wherein the owners of said waters have agreed that ait Lake City may take and divert the waters of Big Cottonwood Creek upon delivery to said owners through the various canals and ditches connected with the Big Cottonwood sys- tem certain other waters from Utah Lake or elsewhere; and WEEREAS, it is necessary in order to carry out said ex- changes and in order to secure said Big Cottonwood Creek water for said city and its inhabitants, that all the Big Cottonwood water be taken from said Big Cottonwood Tanner Ditch during parts of each year and other water exchanged therefor by said city be placed in said ditch, and whereas there is now flowing in said Big Cottonwood Tanner Ditch commingled with the waters thereof certain small amounts or shares of said Big Cottonwood Creek water owned or claimed by certain persons who have not agreed to exchange the same with the city for other waters and who refuse to permit other Water to be commingled with their Big cottonwood water in said ditch; and SAS, in order for the city to avail itself of eatd exchange and the Big Cottonwood waters by it acquired, and in der to satisfy the increasing demand for water for culinary and . domestic purposes by the inhabitants of said city, it is necessary V., a I = _2- , to acquire, take and own all the Big Cottonwood water in said B.ig, Cottonwood fanner Ditch and divert the same by conduit to said ( city, and to turn other waters into said Big Cottonwood Tanner _ G hitch. r THEREFORE, IT Is HEREBY RESOLVED ACTD DECLARED to be 'necessary for the public good and in the interest of the public welfare and for the purpose of supplying culinary and domestic :water for the inhabitants of said city and also to permit of said! Icity to avail itself of its waters from Big Cottonwood Creek and . the water rights and conduits and pipe lines connected therewith and for the purpose of carrying out and performing its agreements' I pertaining to said exchange, that said city own and have all waters and water rights in and to said Big Cottonwood water flowing in is said Big Cottonwood Tanner Ditch; and j DE IT TURTEER RESOLVED that the city attorney of Salt 'Lake be and he is hereby authorized and directed to bring one or more condemnation proceedings in the name of and as the act of wa]�t (Lake City, to condemn and take all waters and water rights not IIcovered by or secured to said city by said exchange in or to water ! Hof Big Cottonwood Creek flowing in or taken through the said Big 0Cottonwood Banner Ditch. In the opinion of the Board of Commissioners, it is necessary to the peace, health and safety of the inhabitants of 1 ,Salt Lake City that this resolution shall take effect upon its !publication. 1 This resolution shall take effect upon its publication. gassed by the Board of Co c;issio rs of salt Lake City, 'Utah, this 7thd:a-y o SURE--- A.D. 1926. City �;ecorder.