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THU AMERICUS WEEKLY TIMES-RECORDER, FRIDAY. FEBRUARY 22, 1907
ELECTION NOTICE.
party of the second part, subject said city, not less than seventy-1 part. The price of lights, either, twenty years being, that the of Americus, for each year shall be
to be changed upon demand of five (75) arc lamps to be of the by electricity or gas to private said parties of the first part, shall J '— :J
the party of the second part for latest improved make, of not less j consumers ahd for private uses, ‘
sufficient cause, and the same than what is notv known as a
shall be read by thfe City Engi- nominal two thousand candle
neer of the party of the second power lamp, of the character,
part in the presence of represen- power and kind approved by the
tatives of the parties of the party of the second part; which
To the qualified voters of the City
of Americus :
Notice is hereby given that on
the 20th day of March, 1907.
there will he held, -d the ifirst part, whose readings and lamps shall at all times be sub-
voting place m tne City flan reconings, if same is impar- ject to the approval of the party
Building, in the City of Ameri-lGal an j f a jr, shall be final. ~ r 1 —* au — ,J
cus, an election for the purpose It is agreed that the . meter
of deternining whether a certain (so installed shall be main-
^ «»<■*«. '»• *■»
part,
pose of lighting the streets, etc.,
shall be made and entered into,
between W. A. Dodson and his
associates on one hand and the
Mayor and City Council of
shall at all times be subject to
the control and regulation by the
party of the second part.
Twelfth: It is further mu
tually agreed, that in the event
said parties of the first part shall
fail to carry out this said contract
as to pumping the water, or fur-
appear at any time, to the rea-! nishing the lights as herein spe-
i_i— r.i ... c] -fi ec | sa j(j Mayor and City Coun-
of the second part. Should it
PRICE OF PUMPING.
Fourth. That said party of the
second part, in. consideration of
the faithful performance by the
Americus on the other ; a copy of J sa.Id parties of the first part of
which is as follows :
GEORGIA, I
their agreements for the pump
ing of water, and provisions
herein mentioned, as hereinbe-
, . , , fore set out, hereby covenant and
This contract and agreement ( agree, that during the life of
made and entered in to, this the this contract, on the measure of
Sumter County. I
— day of 1907, between W.
A. Dodson of said State and
County, and his associates, or his
assigns, to be duly incorporated
under the law's of the State of
Georgia, and the grant of au
thority to make this contract by
the qualified voters of Americus,
and hereinafter designated as
the parties of the first part, and
the Mayor and City Council
of Americus, a municipal cor
poration duly chartered under
the laws of said State, herein
after designated as party of the
second part, Witnesseth:
First. That the parties of the
first part, for and in considera
tion of the payment to be made
and franchises to be granted to
the parties of the first part by
the party of the second part,
hereby covenants, contracts and
agrees to equip, construct, and
operate at the entire expense of
the parties of the first part and
free of any cost whatever to the
party of the second part, a pump
ing outfit of sufficient size and
power of improved first class ma
chinery to be of the most improv
ed and modem design, sufficient
in power and size and force to
pump water from the present city
reservoirs and city artesian wells
into the water mains and stand
pipe of said city; said parties of
the first part to construct, equip,
and maintain as aforesaid,
pumping machinery of sufficient
size," power and capacity to pump
into the water mains and stand
pipe of the city, all the water
the daily amount of water so
pumped into said mains and
stand pipe to pay the parties of
the first part for said service, as
follows:
For pumping of the first 500,-
000 gallons per day, the price
shall be three and one-half (3J)
cents per thousand gallons;
For the pumping of the excess
of 500,000 gallons per day, to
1,000,000 gallons per day, the
price shall be three (3) cents per
thousand gallons;
For such excess for pumping
of the excess above 1,000,000
gallons per day to 5,000,000 gal
lons per day, the price shall be
two and three-fourths (2j) cents
per thousand gallons for such
excess:
Five million gallons daily be
ing the maximum amount to be
contracted for, and for which
said party of the second part is
to be held liable under this con
tract.
water supply.
Fifth. In the event the pres
ent water capacity as it now ex
ists, to-wit, the water now flow
ing from the various springs into
the reservoirs at the pumping
station, and from the present
artesian w'ells located at the
pumping station, shall be found
to be insufficient and inadequate
to meet the demands of the city,
and the present water supply by
reason of the increased popula
tion and demand for water con
sumption, or for any cause what-
» j j • J . v/i 1 Vi UIIJ WUUOV I*
needed and necessary or required ever> j s insufficient or inadequate,
for use and consumption, both at sa j^ par ty 0 f the second part is
the present time and all future develop whatever water is
•times during the continuance of needed, or required for water ser-
sonable satisfaction of the party
of. the second part, that said
lamps are not giving satisfactory
service to the party of the second
part, that the said parties of the
first part, shall, within a reason
able time after notice from the
party of the second part, make
such changes in said lamps or
lights as will supply such lights as
will be satisfactory to said party
of the second part. That said arc
lights shall be located wherever
said party of the second part
shall designate,and said parties of
the first part shall locate such
additional lights as may be re
quired by the party of the second
part; said lamps to burn and be
operated every night continuous
ly from dusk until daylight. The
said party of the second part
shall have the right to require
the change of the location of said
lamps as well as the poles and
wires used in connection with
said lamps, whenever in its
judgment the same is necessary
to be done, at the expense of the
parties of the first part; all poles
and lines of the same are to be
erected under the supervision of
the City Engineer.
Eighth, In consideration of
furnishing said electric arc lights,
as herein provided, said party of
the second part agrees to pay to
the parties of the first part as
follows
For the first 75 lights, the
price of $75.00 per arc light per
annum;
On the excess above 75 to 200
lights, the sum of $70.00 per arc
light per annum for such excess
On the excess above 200 to 500
lights, the sum of $65.00 per arc
light per annum for such excess;
Five hundred arc lamps being
the maximum number of lamps
to be furnished under this con
tract.
Ninth. That the party of
the second part is to make its
payments for the above and fore
going service, as herein contract
ed and agreed, under and by
virtue of this contract, in quar
terly installments or payments at
the end of each quarter as per
the calendar quarterly periods in
each year.
... . Tenth. It is further mutually
fircf nn ^ntrni^r 1 vice - either b y developing other agreed, that this contract shall
first part to nave no control or an( j new springs, or by bonng be. for a term of twenty years,
additional wells, or otherwise, and shall become effective as soon
ner of the said watei works, ex- t b e entire expense of the same as the power plant and pumping
cept as to the machinery owned t0 be borne by the party of the machinery of the parties of the
by partiesofthe firetpart and seC ond part, and the water so first part shall be installed, and
= ^ developed, if by springs, is to be the lights as herein stated can be
Jffie water mains and stand pipe delivered in, or as near as practi- turned on and in a position to
The full force and1 effect.of this C al, to the reservoirs at the pres- furnish the power herein con-
contract being, that the said par- ent pumping station, site, and if traded for and lights as herein
ties of the first part covenant and ot h er ar tesian wells are to bede- stated; work on all of which is to
agrees to furnish during the con- V eloped, same must be as near as begin within four months after
tinuance of this said contract as practicable to the present artesian this contract is legally authorized
-the ne eds, use and necessities of we ll S and present pumping sta- as herein stated, by popular vote,
said City of Americus should re- t ; on The intention and agree- an d to be completed within fif-
quire, sufficient P°wer and m ent being, that the said partv teen months from the date of the
pumping capacity to pump the 0 f the second part is to furnish contract, provided, that the with-
water from the city reservoirs wa ter to the party of the first j„ contract shall be authorized at
and artesian wells into the watei part at or near t b e present pump- an election of the qualified voters
mains and stand pipe of said j ng station for water service dur- 0 f the city of Americus, as rc-
eity, there being no further con- ; ng the continuance of this con- quired bv the provisions of Arti-
nectum or control of said City tract, at the expense of the par- ! c le 7; Section 7; Paragraph I. of
.Water Works, except as. herein ty of the sec0 nd part. In the the Constitution of the State of
specified; the present city pump- event, however, the water sup- Georgia,
ing outfit to be kept by the par- ply j n the future is deemed in- j
ties of the first part in first class adequate, and it shall be more a ., ..
repair and ready for use at all practicable for the City to furnish L L^eventh. Said partiesofthe
times, same to be held m reseive necessary water at a reason- P ar ^» *** a P ar ^ J* 11 * con-
to be used in case of emergency, ab j e cost to f t at some ot b er loca-1 ? ract - a ? ree ? and obligates to put
and said present city outfit to be tion other than the present
returned in lue good orderat the pumping station site, satisfactory ■ ■ . ■ - , .. . ,
termination of this contract, to the parties of the first part, a and to fu f
barring usual wear and tear and, reasonable and equitable adjust-j nis " nece f sar ^ r . *°
depreciation. 1 ment of the rights of both par-: ru nthe dubei-ent enterprises
Second. That the parties of ties to this contract shall be * lt J ,n aa , ld , Cd - v ° f Amencus,
the first part herein agrees and that may be desired, and to fur-
obligates, that during the con- It j s f urt her agreed that in the sai< ] power for said purpose
tinuance of this contract, that even t it is desired by the parties )0 a a , nd d ? y nlKat as . may
the tank or water tower shall be D f the second part to sink other n . eeded and_ compensation paid
follat the hours of 6;00 a.. m.,' ar tesian wells at or near the
12:00 ni. iind 6:00 p. m. and 12 p. pre sent pumping station, the
m and that at no time shall the 1 r --- * - —
cil shall have the right, without
process or order of any court, to
enter upon and take immediate
charge and control of the pump
ing and lighting outfit and power
plant, and operate the same for
the purpose of pumping the w'ater
and supplying lights for such
length of time as they might
with reasonable diligence, need
to install and put into operation
another pumping and lighting
outfit to perform said service,
the city to pay the parties of the
first part or their assigns, for the
use of said machinery at a price
to be agreed upon by the parties
hereto; or failing to agree, the
party of the second part shall
keep an accurate account of the
amount of water so pumped; and
also keep an accurate account of
all revenue or income received
from the sale of power for light
ing to consumers or otherwise,
and pay the parties of the first
part for the water so pumped as
per the terms of section four
hereof, together with the income
from the lighting and i>ower sold to
consumers, first deducting there
from the cost and expense of op
erating said plant, during the
time the party of the second part
is authorized under this section
to use said plant and machinery
of the parties of the first part
and the party of the second part
then accounting to said parties
of the first part for the income,
after making such deductions for
operation.
Thirteenth. It is hereby
agreed that the parties of the
first part, W. A. Dodson, shall
have the right and authority to
transfer and assigns this con
tract to a corporation hereafter
to be incorporated under the
laws of the State of Georgia,
with its principal office in the
City of Americus, said corpora
tion to carry out in full the
terms of this contract, and the
transfer and assignment of this
contract by the said W. A. Dod
son to the said corporation here
after to be incorporated, shall be
as effective and binding as if
originally made with the said
corporation, said Mayor’andCity
Council of Americus, party of the
second part, hereby ratifying
and consenting to said assign
ment, and agreeing that the said
cori«oration above referred to,
when the same is incori>orated
and this contract assigned to
them, shall have all the rights
and powers herein contracted as
between said parties of the first
part, and the Mayor and City
Council of Americus, party of the
second part, just as if this said
contract was originally made and
entered into by the corporation
which the rcrties of the first part
will form and the Mayorand City
Council of Amerieus. That the
rights under this contract and the
franchises hereunder, shall not
be assignable without the consent
PRIVATE USE.
bo 0 thcr than the nresent i in - construct, equip and operate Americus. suburbs and ad-
he r.„mnin^st a ti«n«it P snti s f a etarv an.electric power station of suf- ditions thereto, a street rail-
and approval of party of second
l<art, except as provided; in this
Section.
Fourteenth. The parties of
of the first part agrees and obli
gates to construct, equips main
tain. own and operate within the
corporate limits of the City of
suburbs and
tank be less than half full of
water, to be shown by a record
ing pressure gauge placed in the
office of the Superintendent of
the Water Works at the expense
of the parties of the first part,
and the party of the second part
shall have the right to direct the
pumping, and hours of pumping.
It is further agreed and provided,
that in the event of fire in the
City of Americus, the pumps
shall be immediately put into
operation, in the event same is
needed for sufficient water pres
sure.
TfllRD. That the amount of
water so pumped or forced into
the water mains and stand pipe
shall be measured by the most
improved method of meters now
in use, and the meter adopted is
to be put in by the parties of the
first part and approved by the
parties of the first part agree
that the water from the artesian
wells is to be pumped or lifted
by the parties of the first part.
Sixth. That the parties of the
first part obligate and agree to
pump the water at the present
up-town artesian well located at
the intersection of Lee and Lamar
streets, free of cost during the
life of this contract, provided the
same is used for drinking pur
poses only, same to be operated
from 4:00 a. m. to 10:00 p. m.,
from (kpril to September inclu
sive, and from 5:00 a. m. to 9:00
p. m., from October to March
inclusive.
lights.
Seventh. That the parties of
the first part agree and obligate
to furnish to the party of the
second part for the purpose of
lighting the streets and alleys of
therefor. The parties of the first
part agree that the maximum
rate charged for electric lighting
for the public and for power
furnished shall be as follows:
For lighting and for power,
twelve (12) cents per K. W. hour.
It is also stipulated and agreed
and so contracted, that in con
sideration of the new franchises
hereafter granted to the said par
ties of the first part for the pur
poses of carrying out this said
contract, said parties of the first
part shall operate and control a
gas plant; that the rates to be
charged for the public for gas
shall be as follows: For each one
thousand (1000) cubic feet of gas
tor lighting, a maximum rate of
$1.50 per thousand cubic feet: for
each thousand cubic feet for fuel
and manufacturing purposes,
$1.25 per thousand cubic feet.
That a discount of 25 per cent
on the above rates shall be al
lowed the party of the second
way system, operated by the
motive power of electricity,
not less than four (4) miles
in length, and over such streets
as the party of the second part
may approve and as may seem
best and profitable for the trans
mission of persons and property,
same to be extended as the neces
sity arises, when the same shall
prove profitable, according to the
terms of the ordinance passed in
favor of the parties of the first
part by the Mayor and City
Council of Americus. Work to
commence on said Electric Rail
way within nine months from
date of this contract, and four
miles completed and in operation
within fifteen Vnonths from date
hereof.
It is further agreed, that should
the parties of the first part fail
or refuse, or at any time discon
tinue the operation of the street
railway herein contracted to be
built and operated, within said
city for a period of thirty con
secutive days, then this contract
shall be null and void; and it is
hereby expressly understood and
agreed, and so stipulated, that
the consideration of the said par-
ty.of the second part in making
this said contract for the term of
have the right to operate said
street railway, as above specified,
and should the parties of the
first part fail or refuse to do so,
then this entire contract from
such time, becomes null and void
at the option of the Mayor and
City Council of Americus. But
this clause shall not be operative
in the event of the discontinuance
of the street railway if caused by
riots, strikes, fire or other un
avoidable accidents, so long as
said hindering causes continue to
exist and no longer.
Fifteenth. It is further mu
tually agreed, that should the
parties of the first part fail for
thirty consecutive days, riots,
strikes, fires and other unavoid
able causes excepted, to carry
qut the terms of this contract,
either in part or as a whole then
this contract, together with the
rights, powers and franchises
that may be granted hereunder,
shall be forfeited, and no fur
ther rights, powers and privi
leges shall be claimed by the
parties of the first part.
Sixteenth. It is further mutu
ally agreed, that before this
contract shall become effective,
the said party of the first
part, or bis assigns, shall furnish
to the party of the second part,
subject to its approval, a bond in
the sum of 825,000,00 in some good
and solvent security company
authorized to do business in the
State of Georgia, conditioned fi-r
the faithful performance of this
said contract, and to indemnify
the city against loss by leason of
tbe failure of the party of the
first part to faithfully carry out
tbe provisions of this contract:
also against any damage or injury
to persons or property caused or
contributed to by the parties of
tbe first part in the construction
maintenance or operation of said
plant, or plauis under its control
in case the City is held liable
for sail) injury or damage.
Provided, that if at any time
there should beany claim on which
damages have been liquidated ae
cording to the true intent of this
agreement, that it shall be pro
vided in said bond, that said bond
shall remain for said sum of $25,-
000.00, and shall be a continuous
bond for said snm notwithstand
ing the paxment ot any liquidated
damages nnder said bond. That
said bond as provided in this sec
tion shall be executed and tender
ed to the party of the second part
within ninety days from the
ratification or acceptance of this
contract by the vote of the citizens
of Americus as required by law.
In WfTNEfw Whereof, said
parties to this contract have by
these presents, caused the same to
lie signed and sealed, the party ot
the first part by his own signalure,
Hilly attest* d as required bylaw,
and the MAYOR AND CITY
COUNCIL OF AMERICUS, narty
of the second part by its duly
authorized officer, signed hereto
its ro, porate name and canscd to
be affixed hereto by its Clerk and
Treasurer, its-corporate seal. Done
this the day and year first above
wiitien.
- [seal]
[SEAL]
[SEAL]
Parties of the first part.
[seal]
Party of the second part.
Ceustersigned:
sesaed, levied and collected by th-
Mayor and City Council.
The total amount of debt to be in
curred for pumping water and lighting
the streets under the terms of the pro
posed contract for that purpose during
the life of said contract, to-wit: twen
ty years, cannot be definitely ascer
tained, because the amount to be pai.l
for pumping water will increase with
the consumption of same, and the cost
of lighting the streets, and the amount
to be expended therefor, will be in
creased with the increase in number of
lights; it is estimated that the water
now pumped into the water mains ami
water tower of the city of Americus, i •
five hundred thousand gallons of water
per day. On this basis the costs f„ r
pumping water for one year will be sit
thousand three hundred and eighty-
seven dollars and fifty cents. There
will be seventy-five arc or street lights
in the city at $75.00 per light, the toL-t!
amount to be expended on this basis
for one year would be $6,625.00. At
the present consumption of water and
the number of street lights used, the
amount to be paid quarterly under the
said contract would be $3,000.00. Pm.
vision for the payment of the said
amount and any future increase is
amount to be made before the making
of said proposed contract.
All male citizens of the city of Amer
icus who are qualified electors for mem
bers of the Legislature of the State of
Georgia, and who shall have paid ;all
taxes required of them, including city
taxes for the year 1906, and who shall
have been a resident of the State for
one year, and of the city of Americus .
for six months next preceding the date
of said election, shall be entitled to vote
in said election according to resolu
tion adopted by the Mayor and City
Council on February 7th, 1907. The
polls at said election will be opened at
7:00 o’clock a. m. and shall remain
open until six o’clock p. m.
The following is the form of ticket
to be used at said election:
“Ballot on question of making con
tract to light streets and pumping
water; on issue of bonds for pavement
of streeta; on issue of bonds for public
school building; on issue of bonds to
pay subscription to agricultural college.
(Strike One.)
FOR CONTRACT.
AGAINST CONTRACT.
(Strike One.)
FOR PAVEMENT BONDS.
{AGAINST PAVEMENT BONDS.
(Strike One.)
FOR PUBLIC SCHOOL BONDS.
AGAINST PUBLIC SCHOOL BONDS.
(Strike One.)
FOR COLLEGE BONDS.
AGAINST COLLEGE BONDS.
This notice given by order of thn
Mayor and City Council of Americua.
This February 7th, 1907.
T. N. Hawkes,
Clerk and Treasurer.
Cterk and Treasurer City of Americus.
Abo to determine whetherthe Mayor
and City Council of Americus, shall be
authorized to iaue bonds for, and in
the name of the Mayor and City Coun
cil of Americus, in the principal sum
of seventy-five thousand dollars forthe
following purposes: Forty thousand
dollars to be expended in paving the
streets of Americus, or such parts of
said streets as may seem to the best
interests of the city in the discretion
of the Mayor and City Council; twenty-
five thousand dollars to be expended in
the erection of an additional public
■K-liool building, and ten thousand dol
lars to be expended in paying the sub
scription made by the Mayor and City
Council to secure a suitable site and to
erect suitable buildings for the Agri
cultural College to be located in or near
the city of Americus. Said bonds to
bear interest at the rate of four per
cent, per annum payable semi-annually
on the first days of April and October
of each year until maturity of said
bonds. Said bonds to be for the total
principal sum of seventy-five thousand
dollars to become due and payable
thirty years from the date of issue, at
which time they shall be paid off. No
part of said principal sum shall be due
and payable until at the expiration of
said thirty years; said bonds to be of
the denomination of one thousand dol
lars each. To pay off and discharge
the principle and interest on said bonds
as same becomes due, a tax of two-
elevenths (2-11) of one per cent of the
taxable values of property in the city
FOLEY’S
HONEYyoTAR
Tlte original
LAXATIVE cough remedy.
Wot coughs, colds, throat and long
troubles. No opiates. Non-alcoholic.
Good for everybody. Sold everywhere.
The genuine
rOLEY’S HONEY and TAR is la
a Y allow package. Ref use substitutes.
Prepared only by
Foley A Company, Chicago.
F, M. M’LAUGHUN « CO.
Nasal
CATARRH
In all it« tUro
ahouUl b* cletuiUMf'*.
Ely’s Cream )I«!:n
ttaupes.sootbcann.t h» *!$
tbe diaeeaeU meuthruiif.
It eareb catarrh and d; 1 v» *
away a cold la thu lu.ua
quickly.
Cream Balm Is placed Into the TtotuLv ««. - *
ortt the membrane and is a»j#orU«L i .* . *
mediate and a cure follows. It In not dryio-— - •
Cot produce eneeslng. Large Sir* t 0o ctrnia at Dru*-
qlsts or by mall; Trial Size, 10 centa by mail.
ELY BROTHERS. M Warren Street. Bcw Y«n i-
GEORGIA—WEiwTku County,
To all whom It may concern:-Edgar Ki*f
b*vtag la proper form applied to me for
er -anent letters of administration on tbe
* .’ ,e . ot * W King, late of ooldcoantr.
hi* la to cite all ana elngnlar thecr*di-
ora and next of kin of said ». W. Ktrir.
te* cased, to be and appear at my offer
with-n the time allowed by law, andahew
esuf e, if any they con. why permanent ad
ministration should not be granted to the
said e dear King on sold B.W KlngTar -
at.
W U. OOSBY, Ordinary-