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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-