BANCROFT LIBRARY BANCROFT LIBRARY THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/bylawsofsaltriveOOsaltrich BY - LAWS OF THE Salt River Valley Water Users' Association 1904 President, B. A. FOWLER Vice-President, E. W. WILBUR | Treasurer, E.J BENNITT Secretary , FRANK H. PARKER Leg AL Adviser, Joseph H. KIBBEY ors Board of Govern Chairman, B. A. F0WI.ER 1 Henry JENNINGS H. G. VanFossen E. W. Wilbur John P. Orme Harry Kay A.J. Chandler H.J. Hanson W. A. Wilson George D. Chri STY C. A. Saylor ^cil Members of Cotii Chairman, C. T. Hirst - Clerk, L. J. Rice | N. B. Cole P. T. Hurley W. S. Dorman G. W. Walters Wm. Wallace Alma Millett H. M. Welborn C. T. Hirst G. A. Dobson W. H. Brown J. W. Eastwood J. A. Stewart W. H. Wilky L J. Rice Wallace A. Macdonald Henry Hilbers E. A. Spaulding Daniel P. Jones George R. Kay George Blount C. S. Stewart W. H. Mann J. W'^.Hagerlund A. Wingar George Wilky Jerome B. Clark J. G. Peterson Wm Rice W.H.Kay -I ^ I ^( u INDEX '] ii Ij Section. Page. Acceptance of ofRce 2 33 Assessments How payable 1 "j Amonut of — How determined 2 7 Notice of — By mail , g 9 Notice of — By publication 3 7 May be reduced 4 g When levied 5 g When payable g 10 To whom payable 12 10 When Delinquent g 10 Duplicate list 6 9 Association, may deed land , 26 16 Ballots, to be supplied how 10 Ig Names and candidates on 11 ig Blank for other candidates 11 ig Board of Governors to supply 12 Ig Form of 12 ig Shall deliver to inspector 13 20 To be given voter 15 20 Not to be rejected, when 20 23 Rejected 21 23 Refusal of ballot 22 24 Folded ballots 26 24 After being counted to be sealed 29 24 Board of Governors: To solicit for stock subschiption 1 1 To issue preliminary stock certificate 2 1 Books and papers of Council Clerk to be custodian 6 3 Must deposit with Secretary 6 3 By-laws to be certified and transmitted 4 1 To have three readings 13 3 Shall have yea and nay vote 13 3 Caption of By-laws to be 20 5 Certificates of election 39 26 Of Purchase... 17 13 Of redemption 22 14 Of stock — Preliminary 2-1 12 Form of — adopted by Governors 3 2 Payment of 10c per share 2 II Bights of holders of Clerk of the Council Duties of To certify by-laws To transmit by-laws Term of office Clerks of election Ballot clerk Poll clerk ^. . . Council: To meet Elect officers Bules of procedure Sessions to be open and public Contesting" election of members Procedure Chairman of council, when elected Term of office Duties of Compensation — See salaries Candidates — Names on ballots Counting sheets Not to reject as irregular Counting sheets to be signed by board Canvassing the votes To be public Folded ballots Excesa removed Canvassing the returns _ Governors constitute Board "V^Tien to meet May adjourn to wait returns To be made public Besult to be declared To be entered by secretary Council shall ratify contract before submitting it to shareholders Delinquent list Notice Delinquent sale notice of Time of Dissent — See protest Elections,, regular, to be held when Election Board how appointed Electors may appoint when Elections — Special — See special elections Governors: To solicit stock subscriptions 2 1 1 3 1-3 4-3 1 4 1 3 2 7 17 15 20 15 £0 1 3 1 3 5 1 11 3 14 4 15-18 4-5 1 2 3 2 4 3 11 18 18 22 19 23 30 25 24 24 24 24 25 24 25 24 35 25 35 25 35 25 36 25 36 25 37 26 43 27 13 11 14 11 15 12 16 12 1 16 7 17 8 17 Ill To prescribe form of certificate To employ legal adviser , To declare result of election Shall approve contract before submitting to shareholders. Shall transmit to council , To order special election Inspectors of election , Electors may appoint when 1 Ballots to be delivered to Irregularities, not to prejudice Judges of election Electors may appoint when Licgal adviser to be employed by Governors Members of council, may be expelled Cause to be entered Yeas and nays necessary Minutes of council Notice of regular election Of special election.. Officers of the Council Officers, how voted for, when name not on ballot Paliamentary rules Petition for candidates names Protest, members may enter Publication of notices: Regular election Special election , Polling places. Governors to provide , Poll list, form of Not to be rejected because irregular Polls, when to be opened Polls, when to be closed Quorum of Council Qualification of officers Redemption of land sold: May be made when How made Redemption fund Ilegister of election Made 5 days before election Register, what to contain Form of Shareholders must be registered Copies of register To be posted Special election authorized i. .. .. How called 3 3-2 1 34 38 26 41 26 41 26 44 27 7 17 8 17 13 20 19 23 7 17 8 17 1 2-34 9 3 9 3 10 3 3 1 2 16 45 27 2 2 11 18 5 1 11 18 10 3 2 16 45 27 14 20 17 22 19 23 23 24 23 24 12 3 2 33 21 14 22 14 25 15 3 16 3 16 3 16 3 16 5 17 6 17 9 18 1 16 45 27 IV How conducted i 46-47-49-50-51 28 Shareholder, may vote in more than one district 4 17 Cannot vote unless registered 5 17 Stock, preliminary, rights of holders.. 2 2 Salaries of officers, President .. l 5 Treasurer 2 5 Secretary 3 5-33 Legal adviser 1 2-34 Board of governors 4 6 Special services 5 6 Secretary — to give bond 3 5 To publish notice of election 2 16 To prepare election regrister 3 16 To have register printed 6 17 To receive election returns 33-34 25 To draw warants 4 G To prepare duplicate asessment list 6 9 To charge treasurer with amount of list 7 9 To issue certificate of election 39 26 To issue call for special election 45 27 To have copy of proposed undertaking printed 44 27 Terms of office 1-2 o3 Treasurer, to give bond 2 b To receive money 2 2 > 12 10 13 17 To issue certifiicates 17 13 22 14 To record certificates 19 14 Voting, maner of |. 15-16 20-21 Votes, how counted 20-30 23-24 Yeas and nays necessary to expel a member 10 3 on pasage of by-laws 13 3 By-Laws of the Salt River Valley Water Users' Association 1903-1904 DUTIES OF OFFICERS, AUTHORITY OF BOARD OF GOVERNORS TO ISSUE CERTIFICATES OF STOCK AND TO EMPLOY REGULAR LEGAL ADVISER. Adopted February 14th, 1903. ARTICLE I. Section 1. The officers of this Council shall consist of a chairman and a clerk and of such other officers as its convenience may require. Section 2. The chairman shall be the presiding officer of the Council, and exercise and perform the usual powers and duties usually incident to that office in deliberative bodies. Section 3. The clerk shall keep accurate minutes of the proceed- ings of the Council and shall perform such other duties as may from time to time be imposed upon him by the Council. Section 4. All by-laws shall immediately after their adoption be accurately engrossed, certified to as accurate by the chairman and clerk, and forthwith transmitted to the secretary of the Association. Section 5. The rules of parliamentary procedure compiled by Cushing, as far as applicable and whenever not otherwise provided, are adopted as the rules of the Council. ARTICLE II. Section 1. The Board odP Governors shall proceed at once to pro- cure subscriptions to the capital stock of this Association in such man- ner as it shall determine to be the most effective and economical. Section 2. The Board of Governors are hereby authorized and di- rected to issue to subscribers for the capital stock of this Association upon the pajTnent to tlie treasurer the sum of ten cents per share sub- scribed for, a certificate reciting the fact of such subscription, the pay- ment of said ten cents per share thereon, and that the holder of the certi- ficate and his assignee is and are entitled to all the rights of a share- holder of this Association, subject to all their liabilities and governed by all the provisions of the Articles of Incorporation as to appurten- ancy, transfer and forfeiture. Such certificate shall be signed by the president and secretary as prescribed by the Articles of Incorporation and a proper record kept thereof. The legal holder of said certificate, subject to all the provi- sions of the Articles of Incorporation and the By-Laws, shall be enti- tled to have issued to him in lieu thereof when it can be issued a certifi- cate or other evidence of the ownership of stock. Section 3. The form of such certificate shall be adopted by the Board of Governors. ARTICLE in. Section 1. The Board of Governors is hereby authorized to ap- point and employ a regular legal adviser for this Association and fix his compensation; provided that such compensation shall not exceed the sum of two thousand dollars for the term ending April 1st, 1904. ARTICLE IV. GOVERNMENT OF THE COUNCIL AND RIGHTS OF ITS MEMBERS. Adopted March 30th, 1903. Section 1. On the 1st Monday in "May in each year, at 10 o'clock a. m. the members of the Council shall meet at Phoenix, Arizona, at a place to be provided for that purpose. If a quorum then appear they shall be called to order by the President of the Association. Tlie Sec- retary of the Association shall act as clerk pro tern; The Council shall then proceed to elect its officers. Section 2. The officers of the Council shall be a chairman, a clerk and a sergeant at arms, and such other officers as it may deem from time to time necessary for the convenient transaction of its busi- ness. Section 3. The chairman and clerk shall hold their respective offices until the next ensuing annual meeting of the Council. Section 4. The chairman shall preside over the deliberations of the Council, preserve order and enforce the rules of the Council. He shall as soon as they shall have been adopted, authenticate all by-laws with his signature. . Section 5. The clerk sliall keep a roll of the members, and call the same at the opening of each daily or other session and shall note in his journal those who were present and those who were absent at each roll call. Section 6. The clerk shall keep a journal wherein he shall enter a minute of all the proceedings of the Council, and read the same to the Council at the opening of each daily session. The clerk shall be the custodian of all the books and papers of the Council during its sessions except as otherwise directed by the Council. Upon the adjournment of any session of the Council for a period of more than 3 days, the clerk shall deposit all the books and papers per- taining to the Council with the Secretary of the Association. Section 7. The clerk shall attest the authentication of the adop- tion of all by-laws and after their authentication by the chairman see that they are forthwith ti*ansmitted to the Secretary of the Associa- tion. Section 8. The sergeant at arms shall attend all sessions of the Council, see that the place of meeting is kept ready and convenient for the use of the Council and enforce the orders of the Council and of the chairman.. Section 9. The Council may for sufficient cause and by a two- thirds vote of all the members elected, expel a member. The cause for expulsions shall be stated in writing and entered in full on the jonmaJ. Section 10. The yeas and nays of the members of the Council on any question shall be entered on the journal at the request of any mem- ber. Any member may dissent from and protest against any act, pro- ceeding or resolution proposed, and have the reason of his dissent or protest briefly but substantially entered upon the journal. Section 11. The doors of the Council room shall be open to the public unless the room be ordered cleared because of disorder or the numbers in attendance discommode the council in the transaction of its business. ♦ Section 12. A majority of all the members elected shall consti- tute a quorum for the transaction of business; but a less number may adjourn from time to time to await a quorum. Section 13. Every proposed by-law shall have at least three separ- ate and distinct readings in open session of the Council before the adoption thereof. On the final question of the adoption of a by-law the vote shall be by ayes and nays and entered upon the journal. Section 14. The right of any person claiming to be elected a mem- ber of the Council may be contested by any other claimant to that offi- ce or by any elector of the district claimed to be represented by such person. Section 15. The person contesting such election shall on or before the first day of the regular session of the council next held after the contested election, present to the Council a written statement verified by himself, setting forth specifically the grounds of the contest and shall before or at the same time deliver an exact duplicate thereof to the person whose election is contested. Section 16. The Council shall immediately upon the presentation of the grounds of the contest consider the same, and if it shall deter- mine that the statement contains valid grounds of contest, the Council shall forthwith fix a da}^ not less than one or more than three days thereafter for the hearing thereof, and shall cause notice thereof in writing to be given to the contestant and the contestee. The hearing shall be had before a committee of not less than five members of the Council appointed for that purpose, who for the information of the Council shall report its findings to the Council. Section 1 7. The grounds for contesting an election of a member of the Council are either of the following: 1. That he does not possess the qualifications of a member of the Council as prescribed by the Ar- ticles of Incorporation of the Association. 2. That he did not receive a plurality of the valid votes for that office at the election therefor. 3. That a sufficient number of votes were procured to be cast at such election by the person whose office is contested, by fraudulent or corrupt means, which if not coimted would leave less than a plurality to be counted for him. I 4. That the person whose election is contested, procured by fraudulent or corrupt means, the absence of such a number of voters, who, if they had voted would have voted for another candidate, would have given the other candidate a plurality. 5. That illegal votes were received and counted for the contestee in number sufficient if rejected to change the result. 6. That there was such, a substantial departure from the by-laws in the manner of conducting the election as to make it doubtful whether a fair expression of the electors has been obtained. Section 18. Upon the conclusion of the hearing of the contest the Council shall enter the finding upon the journal that the contestee was or was not duly elected. If it shall find that he was not duly elected, such person shall not sit as a member. If the contestant also claim the office and it shall appear that he was duly elected the Council shall so declare and the contestant shall thereupon be admitted to office. If the contestant do not claim the office, and the Council shall declare the contestee not elected thereto, there shall thereupon be a vacancy to be filled as prescribed by the Articles of In- corporation. Section 20. The caption to proposed by-laws shall be, 'T^y-law adopted by the Council of the Salt Eiver Valley Water Users' Asso- ciation the day of 19 , concerning (or relating to) (then state generally but briefly the subject of the by-law.)" When adopted the by-law shall have appended to it the statement, '^adopted day of -, 19 . '^Chairman Council.'' ARTICLE VIII. SALARIES AND OFFICIAL BONDS. Adopted April 4th, 1903. Section 1. The president of this Association shall receive an an- nual salary of two thousand dollars to be paid in equal quarter yearly installments on the first days of August, November, Februar}^ and May. Section 2. The treasurer of this dissociation shall receive an an- nual salary of fifty dollars, to bo pi id in equal quarterly installments on the first days of August, November, February and May, and shall be- fore entering upon the duties of his office, execute to the Association, a J)ond in the sum of Ten Thousand Dollars ($10,000) conditioner! that he will faithfully perform the duties of his office which bond shall be approved by the Board of Governcrs, and filed with the president of the Association, said bond to be a surety company's bond, and paid for by the Association. Section 3. The secretary of this Association shall receive an annual salary of one thousand dollars, to be paid in equal quarter yearly in- stallments on the first days of August, !N"ovember, February and May, and before entering upon the duties of his office he shall execute to the Association a bond in the sum of five thousand dollars conditioned that he will faithfully perform the duties of his office, which bond shall be be approved by the Board of Governors and filed with the president of the Association, said bond to be a surety company's bond, and paid for by the Association. Section 4. Each member of the Board of Governors other than the president, secretary or other member who draws a salary, shall re- ceive the sum of two dollars for each day by him in actual attendance upon the meetings of the Board of Governors, and engaged in tlie business of the Association, and in addition thereto the sum of five (5) cents for each mile counting one way only, necessarily and actually trav- eled in such attendance. Such compensation shall be paid quarter yeariy on the first days of August, N"ovember, February and May. Eadi member shall on or before each quarter day make out a verified statement of the actual number of days of attendance by him during the next preced- ing quarter, upon the meeting of the Board, and number of miles nec- essarily and actually traveled by him in such attendance, and present such statement to the president. If the president shall find the same correct, he shall endorse it with his approval, stating the amount for which he approves it, and the secretary shall thereupon draw and coun- tersign, and the president shall sign, their warrant upon the treasurer for the amount so approved. Section 5. If the Board of Governors should deem it necessary or advantageous, to cause one or more of its members to visit part or parts of the Eeservoir District for the purpose of investigating and viewing any part of the works of the Association, for the informat'on of the Board in the transaction of its business, or to send any person or persons to Washington. T). C, for the benefit of this Association, the Board shall specifically authorize or direct the same and may allow compensation therefor, provided such compensation shall not exceed two dollars ($?.00) per day actually engaged therein, and for reim- bursement for actual expenses incurred therein: and provided furiiher that no salaried officer shall receive comx)ensation for such service, ex- cept his actual expenses. Section 6. No officer of this Association shall receive any compen- sation directly or inclirectly for any services rendered by him for it, ex- cept under and according to the provisions of this or some other by-law of this Association. ' ASSESSMENTS. Adopted July 24tli, 1903. Section 1. Assessments for the ordinary cost of operation, main- tenance and repair of the works of the Association and as well of those the maintenance and control of which are or may he lodged with the Association shall he payable in equal semi annual installments, one on the 1st Monday in March and the other on the 1st Monday in Sepetra- her of each year. Section 2. At the regular meeting of the Board of Governors to he held on the 1st Monday in June in each year that Board shall make an estimate of the probable cost of maintenance, operation, repair and control for the next ensuing year. In making such estimates the Board may make reasonable allowances for probable delinquencies and by such allowajnce increase the amount of the estimate to be assessed and collected: and shall also take into consideration any money belonging to the Association or that may be probably paid into the treasury and be available for use for that purpose during the ensuing year, and by that much diminish the amount of money to be collected upon such as sessment. It shall be the purpose of the Board to estimate so that the amount of money collected for that purpose in each year shall as near- ly exactly as may be practicable, eq^^al the necessary expenditure there- for during that year. Section 3. Within ten days after the first day of said June meet- ing the Board shall cause to be published in some newspaper published within the Reservoir District a statement showing: 1. The estimated cost of labor and material. 2. The estimated cost of salaries of officers and wages of regular employes. 3. Other costs, anticipated and the nature and purpose for which it isi to be incurred. 4. The total of the estimated cost. 5. The number of shares against the owners of which the cost is to be assessed and 6. The assessment per share. Such statement shall be signed by the president and secretary and shall be published for at least, 15' days in every regular issue of the newspaper in which it shall be directed by the Board to be published during that period. 8 Section 4. On the 1st day of the regular meeting in July and after the puhlicatiou of the statement as prescrihed in Section 3 of this by-law the Board shall take up the consideration of the assessment of the cost of maintenance, operation repair and control. Any one or more of the shareholders may appear at said meeting and in writing object to the published estimates. The written objection shall be noted in the minutes of the proceedings of the Board and filed and preserved by the secretary amon.ar the records of his office. If it be made to appear to the satisfaction of the Board that the estimates or any of them are too high it or they may be accordingly reduced, but in no case shall they or the aggregate of them be raised. Section 5. After due consideration of any objections that may have been presented the Board and -within 15 days after the 1st day of the regular July meeting shall make an order to be entered on the minute book which shall be in substantially the following form: The Board having heretofore on the day of , 19 , estimated the probable, ordinary cost of maintenance, operation, repair and control of the works of the Association and of those this Association is charged with the maintenance and control for the next ensuing year as follows: 1. The estimated cost of labor ancf material $ 2. The estimated cost of salaries of officers and wages of reg- ular employes . ^ $ 3. Other cost anticipated for $ 4. The total estimated cost for the year ending August 31st — $ 5. The number of shares against the owners of which such is to be assessed $ 6. The assessment per share $ And the Board having caused a statement of such estimate to be published in the — , a newspaper published in the Beservoir Di-trict, the first of which publications was on the day of . 19 . and the last on the day of 19 and in every regular issue thereof between those dates. And the Board having met on the day of June, in regular session for the consideration of the proposed assessment and all objections thereto having been duly considered and no change hav- ing been made in said estimates (if that be the fact; and if there has been changes then say: "And the estimate for" stating it 'Tiaving been reduced to," etc., so that the same now stands. "" 1 etc. 2 etc. 3 etc., 4 etc., 5 etc., 6 etc., etc., etc. It is now therefore ordered that there be and there is hereby levied against the owners of each share of the capital stock of this Association and that the same be and is hereb}^ declared a lien on the land to which the same are appurtenant, to raise revenue for defraying the estimated cost of the maintenance, operation and repair of the works of this Association, and the maintenance and control of those the management and control of which is lodged in this Association for the year ending the 31st day of Au- gust, 19 , the sum of dollars and cents. Whereof dollars and cents are payable on the 1st Monday of September and dollai'S and cents on the 1st Monday of March, 19 . Section 6. Upon the entry of said order it shall be the duty of the secretarv^ forthwith to make out a list in alphabetical order of all the owners of shares of the capital stock of this Association with the Post Office address of each and showing the number of shares owned by each and the lands to which they are appurtenant. The list shall be known as the assessment list for the year ending 31st day of August, 1^ ? and shall be made out in duplicate and shall be substantially the following form. ASSESSMENT LIST. Year ending 31st day of August, 19 — . Name of Shareholder No. of Shares Land to Which Appurtenant Post Office Address Section 7. Upon the completion of said duplicate lists they shall be signed by the president, countersigned by the secretary and attested by the seal of the Association and one copy thereof shall be forthwith delivered to the treasurer of the Association. I^pon the delivery to the treasurer of the duplicate list he shall be thereupon charged by the secretary in a book to be kept for that purpose with the entire amount thereof. Section 8. Upon the receipt of the duplicate assessment list the treasurer shall forthwith write or print, and mail post paid to each of the shareholders mentioned in the list a notice which shall be in sub- stantially the following form: Phoenix, Arizona, Salt River Valley Water Users' Association: Treasurer's Office. You are hereby notified that the duplicate assessment list for or- lO dinary expenses for the ensuing year ending 31st day of August, 19 — , has been placed in n\y hands for collection. The amount assessed against you is $ , one half of which is now due and payable, the balance will be due and payable on the 1st Monday in March, If 1st installment is not paid within thirty days it will be deemed delinquent and your headgate will be closed until such payment is made, according to Section 11 of Art. 5 of our By-laws. Treasurer S. R. V. W. U. Ass'n. Such notices shall be plainly addressed to the address of each stock- holder as noted in the share register. . Section 9. If any shareholder shall fail to pay any semi-annual installment of the assessments ordered, made and levied under the pro- visions of this by-law, within thirty days from and after the same shall be payable by the order therefor, the same shall be deemed delinquent. Section 10. A shareholder may pay either the first semi-annual in- stallment, or both the first and second installments, at his option, at any time before the second installment of the annual assessment shall be due. Section. 11 During the period of the delinquency in the payment of any assessment under the provisions of this by-law no water shall be served to or for the use of the delinquent shareholder. The with- holding of service of water to delinquent shareholders under the pro- vision of this section shall not, however, be deemed a waiver by the Association of any other or simultaneous procedure for the enforcement of ^he payment of delinquent assessments prescribed by the by-laws, but such other procedure may be pursued notwithstand- ing. Section 12. Assessments levied under the provisions of this by- law shall be payable to the treasurer of the Association at his office in Phoenix during ordinaiy office hours. It shall be the duty of the treasurer to give each shareholder paying his assessment or any install- ment thereof a receipt dated of the date upon which payment was made and stating by whom payment was made, upon what number of shares paid and a descritption of the land to which they are appurtenant, upotn account of what assessment or installment of assessment it was paid and the amount of the pay- ment. The treasurer shall not, however, receive any amount less than it that due at the time of the payment upon installments then due and payable or^, at the option of the payee, of the whole assessment for the current year. The treasurer shall also note on the duplicate assessment list the date and amount of payment and the person by whom paid. Section 13. Within ten days after the expiration of thirty days after the day fixed for the payment of the second semi-annual install- ment of an assessment made and levied under the provisions of this by- law the treasurer shall make out a lisl of all shareholders who are de- linquent in the payment of either or both of the semi-annual install- ments of said assessments and the amoimt of such delinquency which list shall be known as the delinquent list of assessments for ordinary ex- penses for the year ending 31st day of August, 1 9 — , and shall Ije in form as nearly like that of the origiral duplicate as practicable with proper adaptations thereto. Section 14. Upon the completion of the delinquent list mention- ed in the foregoing section of this by-law the treasurer shall forthwith make out and address and mail, postpaid, a written or printed notice to each of the delinquent shareholders named in the delinquent list. Said notice shall be in substantially the following form: Salt Eiver Valley Water Users' Association. Treasurer's Office, Phoenix, Arizona. You are hereby notified that the assessment levied by this Associ- ation for ordinary expenses for the year ending 31st day of August, 19 — , is past due and you are delinquent. The amount due is $ In due course proceedings will be taken to enforce payment thereof as provided by the by-laws. Treasurer S. R. V. W. U. Ass'n. Section 15. Not less than thirty days and not more than 45 days after the completion of the delinquent list the treasurer shall cause to be published in a newspaper published and of general circulation within the Reservoir District described in Article IV of the Articles of Incor- poration of this Association a notice in the form following; that is to say: NOTICE OF DELINQUENT SALE. Notice is hereby given that Whereas on the day of , 19—, the Board of Governors of the Salt River Valley Water Users' Association by virtue of the powers vested in it by the Articles of Incorporation of the said Association and of the by-laws adopted by the Council thereof, ordered the levy of an assessment against the shareholders of said Associa- tion and declared the same to be a lien on the lands to which the shares of the capital stock of the Association of the several share- holders are appurtenant of $ • per share one half thereof to be payable on the first Monday of September, 19 — and the other half on the first Monday of March, 19 — , and Whereas the shareholders mentioned in the list herein below print- ed have failed and neglected to pay the amount so levied against them respectively. And whereas it appears that all proper things prescribed by said Articles of Tncorpoation and the by-laws of said Association for the making, ordering and levying of said assessments to fix the lien thereof on the lands to which said shares are appurtenant have been done. Now therefore, by virtue of the premises and of the power con- ferred on me by the by-laws of said Association, I will offer for sale at public auction to best bidder for th9 least part or portion thereof, for a sum sufficient to pay said assessment and the costs of this advertisement and of said sale, the lands in said list described owned by the person therein named for the amount noted against them respectively. Said list is as follows: Name of | I No. of acres Delinquent j Description and No. Shareholders i of land of shares Amount Assessed Cost Total Said sale will commence at 10 o'clock a. m. on Monday the day of , 19 — , at the front door of the court house of Mar- icopa County, Arizona, and there continue during the hours of 10 a. m. and to 4 p. m. of each day, from day to day until all said property or so much of the several pieces thereof shall be sold for sums sufficient to pay said annual assessment and the, costs aforesaid. Given under my hand this day of , 19 — . Treasurer Salt River Valley Water "Users' Association. Said notice shall be published on the same week day of at least three successive weeks in said newspaper. Section 16. On the day advertised therefor, the treasurer shall at- tend at 10 o'clock a. m. at the front door of the court house of Marico- pa count}^ Arizona and then and there offer at public auction and sell 13 the least portion of the lands of the delinquent shareholders to wh.ich the shares are appurtenant, that will sell for a sum sufficient to pay the delinquent assessment and 'he costs levied against them respectively. For the purpose of paying the costs of the advertisement of such sales the treasurer before publishing the same shall add to and collect as a part of each assessment the sum of twenty-five cents (25c). Such sales shall be for cash and the property sold shall be openly struck off to the successful bidder therefor and a note in writing there- of instantly made by the treasurer who shall act as clerk of said sale, on the delinquent list or a copy thereof. Said sales shall continue from day to day between the hours of ten a. m. and 4 p. m. until all such property shall have been sold, or so much thereof as shall be necessary to pay said delinquent assessment. Section 17. On the completion of each of said sales and the pay- ment of the purchase price therefor by the purchaser, to the treasurer, he shall make out and deliver to the purchaser a certificate. The cer^ tificate shall be in substantially the following form: It is hereby certified that on the day of , the Board of Governors of the Salt River Valley Water Users^ Association made and ordered an assessment for the ordinary' expenses of operating, maintaining and rejoairing its irrigation works against all the shares of the capital stock of said association of $ per share, and declared the same to be a lien on the lands •to which said shares are respectively appurtenant. That is the owner of shares of said capital stock which ai-e appurtenant to the following described lands, viz: situated in Maricopa County, Arizona, and being — , Township , Eange , East Gila and Salt River Base and Meridian lines, containing acres, maldng the assessment against said shares and the lien on said lands $ . That said shareholder failed and neglected to pay said assessment within the time prescribed therefor, by said order of assessment and the by-laws, and after due advertisement as prescribed by the by-laws, I sold at public auction the following, being a part of said lands, to-wit: Sec. Township , Range East, containing acres, to , for the sum of $ , that being the amount of said assessment then due and unpaid and costs, and that being the smallest portion of said lands against which said assessment was levied that would sell at such sale for that amount. If said land last hereinbefore described be not redeemed as pro- vided by the by-laws of said association then or his assigns will on the day of , 19 — , be entitled to a deed of conveyance thereof. Witness nay hand in duplicate this day of , 19 — . Treasurer Salt River Valley Water Users' Association. (Ordinary form of acknowledgment.) Section 18. Said certificate shall be made in duplicate one af which shaU be delivered to the purchaser, and the other may be filed arid recorded with the Recorder of ^laricopa county, Arizona. ~^ Section 19. Before delivering the certificate as above prescribed to the purchaser, the treasurer must enter in a book to be kept by him for that purpose the name of the shareholder whose land was so sold, the description of that part of the land sold, the date of the sale, the name of the purchaser and the amount of the price for which the land was sold. The entries in such book shall be numbered consecu- tively, and the corresponding number of the entry shall be endorsed on the certificate of sale. The book so kept shall remain in the treasurer's ofhce and shall be open to the public inspection duriag business hours while not in use by the treasurer in the discharge of his duties. Section 20. If by any reason of in*egularity in the making and en- try of the order of any assessment, or in the subsequent proceedings in these by-laws prescribed for the enforcement of the lien for such assess- ment, the sale herein provided for shall be adjudged by any court of com- petent jurisdiction to be invalid, the lien for such assessment shall never theless remain undischarged and may be thereafter enforced as provid- ed for the enforcement of the pa}Tnent of delinquent assessments. Section 21. A redemptioii of the property sold may be made by the owner thereof, or any party in interest, within 12 months from the date of sale or at any time thereafter prior to the application for a deed by the purchaser or his assigns as hereinafter provided. Section 22. A redemption is effected by the pa3^ment by the re- demptioner to the treasurer of the association for the use of the pur- chaser or his assigns the amount of the purchase money with interest thereon at the rate of 3 per cent per month from the date of the sale to the date of redemption. Upon such pa^Tuent to the treasurer, the treasurer shall make out and c^eliver to the redemptioner a certificate in substantially the following form: Certificate of Sale No. 15 SALT EIVEE VALLEY WATER USEES' ASSOCIATION^ TEEASUEEK'S OFFICE. ' Phoenix, , 19 — . This is to certify that , owner of the lands hereinafter descrihed has this day paid to the treasurer of the Salt Eiver Valley Water L' sers' Association the sum of dollars in redemption of , Section , Township , Eange — , East Mar- icopa County, Arizona, from a sale thereof made by said treasurer for delinquent assessments made on the day of , 19 — , said sum being the amount of purchase money therefor and interest thereon at the rate of 4 per cent per month from date of such sale to this date. Said sum is paid for the use of the purchaser at such sale or his assigns. Treasurer S. E. V. W. U. Ass'n. Section 23. Upon the redemption of any lands from a sale as here in provided the treasurer shall note on the book wherein such sale is entered the fact of such redemption by writing or stamping opposite said entry tlie word "redeemed/'^ the date of the redemption, by whom redeemed and the amount paid for redemption. Section 24. If the redemptioner shall require it the president and the secretary of the association shall also join in the execution of the redemption certificate prescribed by section 22 and acknowledge the same in the form prescribed by law for the acknowledgment of deeds of conveyance of real estate. The cost of acknowledgment shall b paid by the redemptioner as a part of the redemption money. Section 25. Whenever any lands are redeemed from sale under the provisions of these by-laws the redemption money shall be kept by the treasurer, in a separate and distinct fund until paid out as herein- after prescribed, to be known as the "Eedemption IHind/' When any purchaser of lands which have been redeemed from the sale or his as- signs shall produce to the treasurer the certificate of sale and it ap- pears to the satisfaction of the treasurer that the holder thereof is the owner thereof, the treasurer shall thereupon pay him the redemption money, and shall take up the certificate of sale and plainly and indelli- bly mark across the face thereof the words "redeemed and cancelled/^ stating the date of the cancelation and shall thereafter preserve such cancelled certificate among other records and papers of his office. i6 Section 26. If the land is not redeemed within the time and in the manner hereinbefore prescribed, the purchaser or his assigns may apply to the treasurer for a deed therefor^ by presenting to him the cer- tificate of sale and proper evidence of his ownership thereof. There- upon the treasurer shall make out a deed for the land so sold to the purchaser or his proper assign. Said deed shall recite substantially the matters contained in the certificate of sale and the further facts that the land has not been re- deemed from the sale and that the time for redemption has expired. The treasurer shall collect of the purchaser the sum of 50 cents to de- fray the cost of making and acknowledging the deed. The deed shall be in the name of the asociation and shall be sign- ed and acknowledged by the president and secretaiy. ELECTIONS. Adopted July 24th, 1903. Section 1. General elections shall be held on the first Tuesday of April of each year. Special elections shall be held as in these by-laws hereinafter provided. Section 2. At least thirty days before any general elections the secretary of the association shall cause to be published in two news- papers pubHshed and of general circulation in the Eeservoir District, one on the north and one on the south of the river to be designated by the Board of Governors, a notice stating the time of holding of such election, the offices to be filled thereby, and what if any proposition is to be voted on by the shareholders at such election. Such notice shall be published in every regular issue of the news- paper, in which it is designated to be published, after its first publica- tion until the day of election. Section 3. At least five (5) days before the day fixed by the ar- ticles of incorporation for any general election, or appointed as herein- after provided, for any special election, the seci^ary shall make out an election register. Such election register shall deuote the names of the shareholders of the association, the number of shares owned by them respectively which they are entitled to vote and the ooiuicil dis- trict in which the land to which such shares are appurienant, is situ- ated. The list shall be made into parts so that the names of all the holders of shares appurtenant to lands in the several council districts shall appear collectively under the headings for the several districts and the names therein shall be alphabetically arranged. The lists shall be in substantially the following form. 17 SAI.T EIVER VALLEY WATER USERS' ASSOCIATION. Election List. Election 19—. Lands in First Council District. Entitled to Voting Names vote No. No. shares. Section 4. Said register shall contain the names of those share- holders only, who appear on the records of the association to he share- holders on the tenth (10th) day hefore the day of election and no shareholder's name shall he entered in said register more than once, provided, however, if a shareholder he the owT3er of lands in more than one district to which shares are appurtenant he may designate to the secretary, at least 5 days hefore the day of the election, the numher of shares he wishes to vote in each of such districts, not exceeding, however, in the aggre- gate, 160 votes in all, and the secretim^ shall so enter his name on the register under the appropriate headings. Section 5. No shareholder shall he allowed to vote unless his name shall appear on the election register, nor shall he cast more votes than the numher of votes to which he is entitled to vote as shown thereby in the distncts wherein he tenders his ballot. Section 6. As soon as such election register shall have been pre- pared, the secretary shall cause, at least two hundred (200) copies thereof to be printed. Of these printed copies, the secretary shall cause 1 copy to be posted in his office, and deliver, upon demand, 1 copy each to the President and Board of Governors of this x\ssociation, and transmit at least three copies to each Board of Election; preserve five (5) copies in his office for inspection of electors, and of the remain- der deliver one to each elector of the Association requesting the same, until the edition is exhausted. Section 7. At least ten (10) days before the day appointed for any election, general or special, the Board of Governors shall appoint, for each voting precinct, from among the shareholders of this Associa- tion, resident therein, one inspector and two judges who shall appoint two clerks and they shall constitute the election board for that precinct. Section 8. If the Board of Governors shall fail to appoint a board of election, or if all or any of the members appointed, shall fail to at- tend the polls for service as meml>ers thereof by eight o'clock of the i8 morning of the election the electors of the precinct present at that hour may appoint a board or supply the places of those absent. Section 9. Before opening the polls the election board shall cause two printed copies of the election register to be posted near the polls and easy of access by the electors^ and there maintained during the day. OFFICIAL BALLOTS. Section 10. All ballots cast at elections by the shareholders of this association shall be famished^ printed and distributed by the as- sociation and shall be in fonn. size, color as hereinafter prescribed. Section 1 1. The names of candidates for the several offices to ba filled at any election of this association shall be printed upon the offi- cial ballot, if such persons be eJigible to the oiHce for which they are candidates, upon the ^vritten petition therefore by not less than five per cent of the shareholders owning land in the Eeservoir District if it be for a general office or in the council district if it be for councilman or member of the Board of Governors. There shall be left a blank space for an additional name to be voted for for each office, and which blank space the voter may write tbe name of any persons whom he wishes to vote for, for said office, in the same manner as he would vote for a person whose name is printed on the ballot. Such petition or petitions must^ however, be filed with the secretary of the association, at least, five days before the election. Section 12. It shall be the duty of the Board of Governors to prepare and provide, as hereinaiter prescribed, ballots printed on white paper containing the names of the candidates to be voted for at the election, the printing of whose names thereon have been petitioned for as hereinbefore provided. Such ballots shall be in substantially the following form. Stub !Ni o. — To be torn off by the Inspector. SALT RIYER VALLEY WATER USERS' ASSOCIATION. Election 19—. OFFICIAL BALLOT. COUNCIL DISTRICT. No. of votes elector entitled to Note. (The number of votes marked in the spaces must not exceed the 19 number you are entitled to as above noted^ nor miist the aggregate of votes cast for any office exceed that number.) So fold your ballot that all of this will be exposed to the In- spector. FOR PRESIDENT.. Votes. Martin Van Buren James Buchanan Millard Eillmore FOR VICE PRESIDENT Chester A. Arthur Eugene Hale FOR MEMBER OF COUNCIL for 1 year term (One to elect.) A. B. C. D. FOR MEMBER OF COUNCIL for 2 year term (One to elect.) G.H. I. J. FOR MEMBER OF COUNCIL for 3 year term (One to elect.) L. M. N. 0. FOR MEMBER OF COUNCHi (To fill vacancy) (One to elect.) R. S. T.U. 20 FOR MEMBER OF BOARD OF GOVERNORS. (One to elect.) X. Y. Z. A. FOR THE RATIFICATION OF PROPOSED CONTRACT WITH U. S. WITH REFERENCE TO CONSTRUCTION OF RESER- VOIR AND TERMS AND CONDI- TIONS. Yes No. Section 13. The Board of Goyernors shall deliver or cause to be delivered to the inspector of each voting precinct one package of 200 official baUots for each 50 voters and 100 for each fractional part there- of whose names appear on the election register as voters therein. Such delivery shall he at least 12 hours before the hour fixed for the open- ing of the polls. '^ i , [ CONDUCT OF ELECTION. Section 14. The Board of Governors shall cause all polling places to be suitably provided with a sufficient numljer of voting booths or compartments, furnished with convenient shelves on which voters can conveuiently mark their ballots and in the marking thereof be screened from observation by others, and T^dth pencils with which to enable the voter to mark his billot for voting. They shall also sup- ply the polling places with proper ballot boxes and such tables, chairs and stationery as may be convenient therefor. Section 15. One of the clerks appointed as hereinbefore provided, shall be designated by the Board to act as Ballot Clerk and the other as Polling Clerk. The ballot clerk shall at all times be under the supervision of the Inspector and shall keep the bollats. not voted, within the polling place and within plain view of the election board and the public and deliver them only to qualified voters as hereinafter prescribed. Every qualified voter before receiving an official ballot shall call out his name to the ballot clerks. If his name be found on the elec- tion register, the ballot clerk shall then hand him a blank official bal- lot, first inserting with pen and ink in the sp^ge provided for that pur- 21 pose the number of votes which he is entitled to cast, to be ascertained from the election register. The ballot clerk shall also, before deliver- ing the ballot to the applicant therefor, wnte his name on the stub thereto and shall call audibly to the polling clerk the name of the appli- cant and the number of votes to which he is entitled, which the polling clerk shall enter in the poll list in the order of the application for ballots. After the voter shall have received his ballot he may retire to mark it. Having marked his ballot he shall hand the same to the in- spector, in such shape that the inspector may easily see the number of votes to which the voter is entitled as marked on his ballot by the ballot clerk. ITie Inspector shall then first call out the name of the voter and the number of votes he is entitled to cast as marked aforesaid, the polling clerk shall compare the number so called with that indicat- ed in the election register, and if they agree he shall so announce, au- dibly, to the inspector. The inspector shall then tear off the stub at the perforated line, leaving the number of votes the voter is entitled to on the ballot and deposit the ballot in the ballot box, and announce that it is voted, which fact shall then be noted by the polling clerk op- posite the voter's name on his list. The inspector shall then file the stub on a string to be used by him for that purpose. If, when the inspector announces the name of the voter tendering him a ballot and the number of votes he is entitled to as indicated by the mark on the ballot, it should be found that the number so marked does not cor- respond with the number of votes the voter is entitled to as shown by the election register the ballot shall not be balloted but shall be handed to the ballot clerk who shall destroy the same without noting or mak ing known its contents or any or them; and the ballot clerk shall there- upon on demand, deliver to the voter a new ballot properly indicating the number of votes to which he is entitled. If the voter should, in marking his ballot,, accidentally or by mis- take wrongly mark it, he may surrender it to the ballot clerk who shall give him a new one in lieu thereof properly marked with the number of votes to which he is entitled and destroy the old one so surrendered without noting or making its contents known. When the inspectoT- shall announce that a voter has voted, that fact shall be noted on one of the copies of the election register by one of the judges. Section 16. The voter to indicate the person for whom he votes and the number of votes he wishes to cast for that candidate shall write in the space to the right of the name of the candidate he votes for, the number of votes he casts for him. If the A^oter wishes to cast votes for several candidates for the same office he may do so by marking in 22 figures the number of votes he ca^ts for the several candidates but in no event shall he mark opposite any candidate's name a greater number of votes than that indicated by the clerk in the space at the top of the ballot made for that purpose, nor shall the aggregate of the votes he casts for several candidates for the same office exceed ihat number. Section 17. Substantially the following form of poll list shall be used. SALT KIVEE VALLEY WATER USERS' ASSOCIATION. Poll List. Of the election held in the ^precinct in the council dis- trict of the above Association, on ^ the day of 19 — . JITDGE. JUDGE. INSPECTOR POLL CLERK. NO. NAMES REG. NO. VOTES VOTED. 1 2 3 4 &c. We certify that the number of votes cast at tliis election amounts to "- — . Attest Inspector Judge . Judge Ballot Clerk Poll Clerk. Section 18. The counting sheets shall be in substantially the fol- lowing form: SALT RIVER VALLEY WATER USERS' ASSOCIATION. Counting sheet showing names of candidates for the various oflices named belawand the number of votes cast for them respectively. 23 President Vice-President Councilman 1st Dist. 1 d o a S 1 »^ 16 1 1 1 1 1 2 1 1 ■ 1 17 3 &c. We hereby certify that tion for ; that — received votes at said elec- received votes for &c, &c. ELECTION BOARD Section 19. No poll list, counting sheet or other paper shall he re^ jected or set aside for mere irregularity so long as its proper purport can he ascertained with reasonable certainty. Section 30. No ballot shall he rejected for want of strict compli- ance with the provisions of these by-laws, if by inspection thereof, it can be, with reasonable certainty, determined that the voter has not cast more votes than he is entitled to cast, and for whom he intended to cast. I If a voter shall have attempted to cast more votes than he is en- titled to cast, as shown by the ballot clerk's mark on his ballot, the ex- cess shall be rejected and the number indicated by the mark of the bal- lot clerk shall be coimted as voted. If a voter shall cast ballots for more than one candidate for an oftlce and the aggregate thereof does not exceed the number of votes he is ^titled to cast to be determined by reference to the ballot clerk's mark on the ballot, the votes shall be counted as cast; if, b.owever, the aggregate number attempted to be cast for several candidates for the same office exceed the number the voter is entitled to cast, then none of the votes so attempted to be cast for candidates for that oflfice shall be counted. Section 21. Whenever the board of election rejects a ballot or a part of a ballot that fact and the reason therefor shall be briefly noted on the ballot and signed by the inspector and one of the judges 24 or by both judges, and the ballot shall be preserved and returned as other ballots and papers are required to be returned. Section 22. The election board must refuse to receive or allow to be deposited in the ballot box any ballot that may be offered if it be apparent that the provisions of these by-laws relative thereto have not been substantially complied with. ' ' ; Section 23. The polls shall be opened at S o'clock a. m. on elec- tion day. the standard time to be midway between mountain (or 105 Meridian) and Pacific (or 120 Meridian) times, or what is commonly known as Phoenix city time, and shall remain open until 5 o'clock, same (Standard) time. i / ' Section 24. As soon as the polls are finally closed the election board shall immediately proceed to canvass the votes given at the elec- tion in its precinct. The canvass must be public and must be con- tinued without adjournment until completed and result publicly de- clared. Section 25. The canvass must be commenced by taldng the bal- lots without examiuation to observe their contents, and counting the same, to ascertain whether the number corresponds with the number of names on the list kept by the polling clerk and noted thereon as voting. Section 26. If two or more ballots are found folded together the board shall deterfine, if it can. whether such duplication or multiplica tion was intentional. Tf the Board should conclude that snch duplica- tion was accidental then all hut one of them shall be rejected and one retained, otherwise they shall all be rejected. Section 27. If upon a count the number of ballots in the box should be in excess of the number shown by the poll list to have been voted, the ballots shall be returned to the ballot box, and the inspector shall then draw therefrom without selection, one at a time a number of ballots equal to such excels, and destroy them. The board shall then sign the poll list showing the number of persons who A^oted which must agree with the number of ballots to be counted. Section 28. After the poll 114 has been signed as above provided for the board shall proceed to coun£ the votes cast for the various can- didates and keep count thereof as they are read aloud. As each bal- lot is counted or rejected it shall be strung on a string by one of the judges and preserved and returned as hereinafter provided. Section 29. "\Ylien all the ballots have been strung they shall be placed in an envelope and sealed, and the inspector and the judges shall endorse the envelope with their signatures across the seal thereof. Section 30. In counting the votes and recording them on the counting list of which there shall be two one to be kept by each clerk, the inspector or one of the judges designated by him for that pui-- pose, shall call off from each ballot to be counted, the number of votes cast and to be counted for each candidate and each clerk shall note the same on his counting list under its appropriate heading. In counting whenever votes from five ballots shall have been called o:ffi for any can- didate for an office the calling shall cease and the votes for all the cani- didates for that office shall be summed up and the sums in figures set down in their proper columns, and when the votes from an additional five ballots shall have been counted for a candidate for that office the votes shall again be added to those' already added and so on until all the votes for all the candidates have been counted, added and the sum of the votes for each of the candidates shall have been so ascertained and noted on the counting sheet. The members of the board shall then certify to the correctness of the counting sheet, and shall to the poll list append their certificate of the number of votes received by each candidate. Section 31. Before the board adjourns it must enclose in a cover under seal, directed to the secretary of the association the copy of the election register on which was noted the fact that the persons therein named voted as the ballots were received the poll list and one of the counting sheets. Section 32. The inspector shall retain the ballot box in which he shall deposit one of the counting sheets and the ballots cast at the election for the period of thirty days, w^hen he shall deliver the same unopened to the secretary of the association. Section 33. The sealed package containing the register, the poll list and the counting sheet shall, before the board adjourns, be deliver- ed to one of the board to be designated by it, who shall thereafter with- out delay deliver the same unopened to the secretary of the association. Section 34. Upon the receipt of such package the secretary must note thereon the day and hour of its receipt and thereafter safely keep the same and produce it unopened before the Board of Governors when it is in session for the purpose of canvassing the returns. Section 35. The Board of Governors must meet at its usual place of meeting at 10 o'clock a. m. on the 1st Monday after each election to canvass the returns. If all the returns are not then in, the board may adjourn to await them, from day to day, but not altogether for more than six days. Section 36. The canvass must be made in public and by opening 26 the retuTDs and ascertaining tlie inimber of votes received by each can- didate for office or for or against ajiy proposition submitted to the shareholders, recording the same and declaring the result. Section 37. The secretary as soon as the result of the election is determined shall enter on the records of the Board of GoYemors a state- ment of such result which statement must show: 1. The whole number of votes cast in each council district and the aggregate number for the A\hole reservoir district. 2. The name of the person for the office for which he Avas voted and the number of votes received by him: and if a proposition shall have been submitted to the shareholders, the general nature of the proposition and the number of votes cast for or against it. Section 38. The Board of Governors must declare elected the persons receiving the highest number of votes given for that office and enter that fact of record. Section 39. The secretar}^ sliall thereupon make out and deliver or send to each person so declared elected a certificate of his said elec- tion., signed b}^ the president and secretary and authenticated by the seal of the association. y^« 3 Section 40. Whenever it shall be proposed by the Board of Gover- nors to undertake any work, make any purchase or incur or authoiize any indebtedness except for the ordinary operation, maintenance and repair of the works and business of the association, the cost or amount whereof in any one year shall or may exceed fifty thousand dollars, a special election may be called for tiie purpose of submitting the ques- tion of the ratification thereof to the shareholders of the association in the manner hereinafter provided. Section 41. If the proposed undertaking be one contemplated by Section 2 of Article IV of the Articles of Incorporation of this associa- tion, and the Board of Governors approve the same, it shall signify its approval by a resolution which resolution shall identify the piopo.-ed undertaking by some characteristic denomination. Such resolution shall be entered of record in the minutes of the board and a certified copy thereof accompanied by a copy of the proposed undeitakiiig shall be transmitted to the chairman of the council of this association. Section 42. Upon the receipt by the chairman of the council of the said resolution and proposed undertaking he shall issue his call for a special meeting of the council if there be no regular or adjourned meeting thereof then appointed fo.' a time within 11 days of the time of the receipt of said copy of said resolution and proposed undertak- ^7 ing. Said call shall specify a day and ho^ur for said special meeting which day shall be not more than 10 nor less than 5 days from the date thereof; and shall state the fact that a proposition designating by the denomination adopted by the Board of G-overnors has been approved by the Board and transmitted to the Council for its consideration, and that the meeting is called for the purpose of considering the same. Said call shall bear date of the date of its issue, be signed by the chairman and countersigned by the clerk of the council and written or printed copy thereof shall be delivered or sent forthwith to each member of the council then within the reser- voir district. Section 43. On the day fixed in the call or its meeting then ap- pointed within 11 days next after the transmission of said resoluiion and proposed undertaking to the chairman, the council shall meet at its usual place of meeting and consider the resolution and proposed undertaking. If the council shall approve the same they shall adopt a resolution to that effect and transmit the same with all the papers in the matter to the secretary of the association. Section 44. On the receipt by the secretary of the resolution of the council approving the proposed undertaking the secretary shall forthwith cause a copy of the proposed undertaking to be printed in a newspapers published and of general circulation in the Eeservoir District to be designated by the Board of Governors which publication shall be at least 30 days before the election to be called for the ratification or re- jection thereof by the shareholders. Section 45. The secretary shall also issue a notice of a special election for the purpose of submitting the question of ratifjdng or re- jecting the proposed undertaking to the shareholders. Said notice shall be in substantially the followdng form. SALT EIVER VALLEY WATER USERS' ASSOCIATIOISr. lN"otice of Special Election. N'otice is hereby given that on , the day of 19 — , a special election by the shareholders of the Salt River Valley AYater Users' Association will be held for the ratification or rejection of a proposed undertaking and arrangement by and. between the Gov- ernment of the United States and the Salt River aVlley Water Users' As- sociation concerning the construction by the Government of the Unit- ed States of a reservoir and other irrigation works for the benefit of the shareholders of this association, a copy whereof may be seen at the office of the secretary of this association, and a copy of which was pub- lished in the on the day of , 19 — . 28 The shareholders will Tote yes or no on the proposition as they express their ratification or rejection of it. The election will be governed bv the by-laws governing general elections of the association so far as they apply. Witness my hand this day of , 19—. . Secretary. Salt River Valley Water Users' Association. Section 46. The day for the election shall be fixed by the Board of Governors and the notice thereof as above prescribed shall be published in three newspapers published and of general circulation in the Eeser- voir District: one in Phoenix, one in Tempe and one in Mesa. The first of said publications shall be at least 30 days before the day fixed for the election and shall continue in each regular issue of said news- papers, respectively, until the day of election. Section 47. The ballots for said election, shall instead of the names of candidates and offices, contain the proposition: "Shall the proposed arrangement and undertaking between the Government of the United States and the Salt River Valley Water Users' Association con- cerning the consti-uction by the Government of the United States of a reservoir and other irrigation works for the benefit of the share- holders of this association, a copy whereof may be seen at the office of the secretary of this association and a copy of which was publish el in the on the day of , be ratified.'' Yes No Otherwise the ballots shall be as those prescribed for general elections of the association so far as those provisions are applicable. Section 48. Such election shall be conducted, the vote counted, the returns made and canvassed and the result declared as is provided bv these by-laws for general elections making proper adaptations there- to. Section 49. Not more than 30 nor less than 10 days before any election the Board of Goverruors shall by resolution spread on the min- utes of its proceedings establish election precincts. The council dis- tricts shall each constitute an election precinct but the board may di- ^dde them or any of them into two or more precincts as the couAen- ience of the voters therein may require. Section 50. In its resolution establishing election precincts the board shall also designate the location of the polling places therein re- spectively. 29 Section 51. The Board of Governor shall cause notice to be pub- lished in at least three newspapers published and of general circula- tion in the Heservoir District stating the boundaries of or otherwise suffioien/tly denoting the election precincts, and the names of the elec- tion officers appointed therein, and designating the polling places in the several precincts. Such notice shall be published twice in each of said newspapers before the day fixed or appointed for the election. COUNCIL DISTKICTS. By-law adopted by the Council of the Salt Eiver Valley Waiter TJsers^ Association on the 27th day of February, A. D. 1904, dividing the Eeservoir District into ten council districts, as pi;ovided for in Sec- tion IV, Article VI, of the Articles of Incoporaton. The territory described in Section III, Article IV, shall be and the same is hereby divided into ten council distriits, as follows, to-wit: DISTRICT NO. I. Beginning at a point on the Arizona Canal where said canal inter- sects the east section line of Section 25, Township 3 North, Range 2 East of the G. & S. K. B. & M. Lines, running thence in a northwester- ly direction along the north line of the right of way of said Arizona anal to t he end thereof at or near the quarter comer between Sec- tions 5 and 6. Township 3 North, Range 1 East, thence west to the left bank of the Agua Fira River, thence in a southerly direction along the left bank of the Agua Fira River to the south line of Township 3 North, thence east on said township line to the southeast comer of Section 36, Township 3 North, Range 2 East, thence north to the place of beginning. DISTRICT NO. 11. Beginning at the northeast corner of Section 1, ToAvnship 2 North, Range 1 East, running thence west on the north township line of said township to where said line crosses the Agua I'ria River, thence south on the left bank of said river to a point on the south line of Section 35, Township 2 North, Range 1 West, to where the south line of Township 2 North intersects the Agua Fria River, thence east on said sohth town- ship line of Township 2 North to the southeast corner of Section 36, Township 2 North, Range 1 East, thence north on the east line of To-wnship 2 North, Range 1 East, to the place of beginning. DISTRICT NO. IIL Beginning at the northeast corner of Section 6, Township 1 North, Range 2 East, running thence west on the north township line of 30 Township 1 North, to where the gaid hne crosses the Agua Fria River. being at a point on the north line of >Stction 2, Township 1 North. Kange 1 West, thence in a southerly direction along the left bank of the Agua Fria Eiver to a point in Section 14, Township ] North, Bange 1 eWst, where the line of the St. Johns Canal intersects the Agua Fria River, thence in a southeasterly direction along the north line of the right of way of the St. Johns Canal to the north bank of the Salt River, thence across the Salt River to a point in Section 35, TowTisMp 1 North, Range 1 East, where the east line of the Gila River Indian Reservation intersects the south bank of the Salt River, thence in a southerly direc- tion along the east line of said Gila River Indian Reservation to- the base line between Townships 1 North and 1 South, thence east on said base line to the southeast comer of Section 31, Township 1 North, Range 2 East, thence due north to the northeast comer of Section 6, the place of beginning. DISTRICT NO. IV. Commencing at the northeast comer of Section 2, Township 2 North, Range 2 East, thence due west on the north Hne of said town- ship to the nori:hwest corner of Section 6, Township 2 North, Range 2 East, thence due south on the west line of said township to the south west comer of Section 31, Township 2 North, Range 2 East, thence east to the northeast comer of Section 6,Township 1 North, Range 2 East, thence south one (1) mile to the southeast comer of Section 6, Town ship 1 North, Range 2 East, thence east on section line five (5) miles to the southeast comer of Section 1, To^vnship 1 North, Range 2 East, thence north on east township line three (3) miles to the northeast cor- ner of Section 25, Township 2 North, Range 2 East, thence west one (1) mile to the northwest comer of Section 25, Township 2 North, Range 2. East, thence due north on section line four (4) miles to place of begin- DISTRICT NO. V. Commencing at the tiortheast corner of Section 12, Township 1 North, Range 2 East, thence west five (5) miles on section line to the northwest comer of Section 8, Township 1 North, Range 2 East, thence due south five (5) miles to the south line of said township, thence west two (2) miles on said township line to the point of intersection of said township line with the east boundary of the Gila River Indian Res- ervation, thence southeast following the boundary of the said Gila River Indian Reservation to the township line between Townships 1 and 2 South, thence etst on said township line to the range line between Ranges 3 and 4 East, thence north between Ranges 3and 4 East to tke 31 point of intersection of said range line with the Salt Elver, thence west along the Salt Eiver to the point of intersection of said line of Salt Kiver with the range line between Townships 2 and 3 East, thence north on said range line to the place of beginning, DISTRICT NO. VI. Commencing at a point on the east line of Section 1 0, Township 2 North, Eange 3 East, where said section line intersects the line of the Arizona Oanal, thence in a northwesterly direction along the north boundary line of the right of way of the said canal to the point of in- tersection of said canal line with the west township line of Township 3 North, Range 3 East, thence south on said township line to the south- west comer of Section 31, Township 3 North, Range 3 East, thence west on section line one (1) mile to the northwest comer of Section 1, Township 2 North, Range 2 East, thence south on section line four (4) miles to the southwest corner of Section 24, Township 2 Nirth, Range 2 East ,thence east on section line one (1) mile to the southwest comer of Section IP, Township 2 North, Range 3 East ,thence south on section line to the south bank of the Salt River, thence east along south bank of Salt River to the point of intersection with east line of Section 22, Township 1 North, Range 3 East, thence north on section line about seven and one-half (7^) files to place of beginning. DISTRICT NO. VII. Commencing at a point on the right bank of the Salt River at the mouth of the Verde River, thence in a southerly direction to the head gates of the Arizona anal, thence in a general westerly direction along the north line of the right of way of the Arizona Canal to east line of Section 10, Township 2 North, Range 3 East, where the same intersects the Arizona Canal, thence south on section line to south bank of Salt River, thence in easterly direction along the south bank of Salt River to the place of beginning. DISTRIT NO. VIII. Commencing at a point on the east line of Section 5, Township 1 North, Range -5 East, where said line crosses the Salt River, thence, westerly along the south bank of said river to the point of intersection of said line with the range lines between Ranges 3 and 4 East, thence due south on said range line to the south township line of Township 1 South, Range 4 East, thence east on said township line to the south- fiafit cornei- of Section 32, To^Miship 1 South, Range 5 East ,thence due nori;h on section line about eleven and one-half (11^') miles to place of beginniQg. 32 DISTRICT NO. IX. Commencing at a point on the left bank of the Salt River where the Highland Canal head is taken out near the east line of Section 24; Township 2 North, Range 6 East, thence in a westerly direction along south bank of the Salt River to the west line of Section 4. Township 1 Norfh, Range 5 East, thence south on section line to the base line G. & S. R. B. & M., thence east on said base line to intersection of east line of right of way of Highland Canal, thence in a northerly direction along the east line of the riglit of way of the Highland Canal to the Salt River at the point of beginning. DISTRICT NO. X. Beginning at the point of intersection of the line of the right 6f way of the Highland Canal with the base line G. & S. R. B. & M. thence west on said base line to the northwest comer of Section 4, Township 1 South, Range 5 East, thence south six (6) miles to the south line of said township, thence west on the township line two (2) miles to the northwest comer of Section 6, Township 2 South, Range 5 East, thence south on range line between Ranges 4 and 5 East to the southwest corner of Section 31, Township 2 South Range 5 East .thence east on toA\Tiship line to the east line of the right of way of the East Branch of the Consolidated Canal, thence north following the east line of the right of way of the East Branch of the Consolidated Canal to the south line of Section 2, Township 2 South, Range 5 East .thence east to the section corner common to Sections 5, 6, 7 and 8, Township 2 South, Range 6 east, thence north between Sections 5 and 6, Township 2 South, aRnge 6 East, to the east bank of the Highland Canal, thence in a northerly direction along the east bank of said Highland Canal to the place of beginning. AMENDING SECTION 4 OF ELECTIONS. Adopted March 23, 1904. To amend Section 4 of by-law adopted by the Council of the Salt River Valley Water Users' Association the 24t'h day of July, 1903, con- cerning elections: Section 1. Section 4 of the by-law adopted by the Council of the Salt River Valley Water Users' Association the 24th day of July, 1903, concerning elec^ons, is hereby amended to read as follows: Section 4. Said register =hall contain the name of those share- holders only, who appear on the records of the association to be share- holders on the twentieth (20th) day before the day of election, and no 33 shareholderls name shall be entered in said register more than once; provided, however, if a shareholder be the owner of lands in more than one district to which the shares are appurtenant, he may designate to the secretary, at least five (5) days before the day of election, the number of shares he wishes to vote in each of such districts, not exceeding, how- ever, in the aggregate, 160 votes in all, and the secretary shall so en- ter his name on the register under the appropriate headings." REGULATING TERMS OF OFFICE OF OFFCIERS. Adopted April 25th, 1904. Section 1. The terms of office of the several officers of this asso- ciation who are elected by the shareholders thereof, except where they shall, or may be, otherwise prescribed by the articles of incorpora- tion or by the by-laws of this association, shall begin at noon of the first Monday of May succeeding the election therefor. Such officers shall qualify by filing a written acceptance of the office on or before said date and hour, with the secretary of the association. Section 2. The terms of office of officers elected or appointed otherwise than at a general electioln by the shareholders of this associa tion, and unless otherwise prescribed by the Articles of Incorporation or the by-laws of this association, shall begin when the person elected or appointed thereto shall have qualified therefor by filing his written acceptance of such office and his official bond if one be required with- in ten days after he shall have been notified of his election or appoint- ment to such office. Secftion 3. If any person elected or appointed to any office in this association shall fail to qualify within the time and in the manner pre- scribed in the two foregoing seotion?, the office to which he was elected or appointed thereupon be deemed vacant. Provided, however, that no person shall hold, or exercise the functions of more than one office in this association at the same tiine: and provided furthe,r however, that this inhibition shall not apply to the person elected to the office of vice president. RELATING TO SALARIES. Adopted April 25th, 1904. Amending Section 3 of Article VIII., which reads: "The secretary of this Association shall receive an annual salary of One Thousand Dollars,'' be amended to read: 34 "The secretary of this Association shall receive an ajinual salary of INvelve Hundred Dollars." AUTHORIZING EMPLOYMENT OF LEGAL ADVISER. Adopted May 2d, 1904. Section 1. The Board of Governors is hereby authorized to ap- point and employ a regular legal adviser for this association and fix his compensation; provided, that such e(Mnpensation shall not exceed the sum of two thousand dollars for the term ending on the first Monday in May, 1905.