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f o r m 2191-b —T h i n 12-46-50QM If LED. U N I O N P A C I F I C R A I L R O A D C O M P A N Y TELEGRAM I LOS ANGELES 5/5/53 ORIG RMS - OMAHA CYS WRR WHH - OMAHA G 31, DO NOT BELIEVE YOU SHOULD GIVE ANY CONSIDERATION TO SECTION 1{G) PAGE 13 OP DRAFT OF SALE CONTRACT OF MARCH 16, 1953 IN FURNISHING INFORMATION REQUESTED MY LETTER MAY FIRST. THAT SECTION MERELY DEFINES THE PROPERTIES TO BE CONVEYED TO DISTRICT AND SHOWS TIME WHEN ffiMB PROJECTS WERE COMMENCED. SECTIONS (A),(B) AND (C) OF SECTION 11 ARE THE GOVERNING PROVISIONS RELATING TO ADDITIONS TO THE BASIC PURCHASE PRICE. I REALIZE THESE PARAGRAPHS MAY BE DIFFICULT TO APPLY AND THAT IS REASON WHY I ASKED FOR THE STATEMENT SO THAT ANY DIFFERENCES OF OPINION COULD BE RESOLVED IN THE NEGOTIATION OF THE CONTRACT, MY INTERPRETATION OF SUBPARAGRAPHS (A) AND (B) OF SECTION ELEVEN IS THAT BASIC PURCHASE PRICE INCLUDES COST OF ALL COMPLETED WORK AND ALL WORK PERFORMED PRIOR TO SEPTEMBER 1# 1952# ON UNCOMPLETED PROJECTS, THEREFORE THERE SHOULD BE ADDED TO PURCHASE PRICE COST OF ALL WORK PERFORMED SUBSEQUENT TO SEPTEMBER 1, 1952, ON PROJECTS UNDER CONSTRUCTION ON THAT DATE OR COMMENCED THEREAFTER. MY B-42 AND 43 TO WRR INDICATE IT IS MY OPINION WORDING OF SUBPARAGRAPH (C) OF SECTION ELEVEN SHOULD BE REVISED SO THAT THE GOVERNING FACTOR WITH RESPECT TO EXTENSIONS CONSTRUCTED BY SUBDIVIDERS END CONVEYED TO THE WATER COMPANY WOULD BE THE DATE WHEN CONVEYANCE MADE AND FACILITIES CHARGED INTO INVESTMENT ACCOUNT OF WATER COMPANY. WITH THIS EXPLANATION MY ANSWERS TO YOUR QUESTIONS ARE*