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THE AMERICUS WEEKLY T1MES-KEC0RDER. FRIDAY. MARCH 8, i907,
ELECTION NOTICE. I party of the second part, subiect five (75) arc lamps to be of the by electricity or gas to private have the right to operate said | The total amount of debt to be in-
r „ r , _JDl w _ _ b w ... . , „ „„
to be changed upon demand of latest improved make, of not less j consumers and for private uses, | street railway, as above specified, curred for pumping water and lighting
_ , ... .... the party of the second part for than what is now known as a
To the qualified voters ot the City su fl] c j en t cause, and the same nominal two thousand candle
of Americus : shall be read by the City Engi- power lamp, of the character,
Notice is hereby given that on neer of the party of the second 1 power and kind approved by the
the 20th day of March, 1907, part in the presence of represen-j party of the second part; which
.. “ . j: . ,. . ,’i tatives of the parties of the lamps shall at all times be sub-
there W11 be , held ’ at * be uaua first part, whose readings and jectto the approval of the party
voting place in the City Hall recon j n jr Si jf same is impar-|of the second part. Should it
reconings, if same is impar-jof the second part.
Building, in the City of Ameri- tial and fair, shall be final, appear at any .time, to the • rea-
cus, an election for the purpose It is agreed that the meter, sonable satisfaction of the party
of deternining whether a certain s0 installed shall be main-j of the second part, that said
, , . »_ tainedand kept in repair at the i lamps are not giving satisfactory
proposed contract, f P expense of the parties of first! service to the party of the second
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
part.
PRICE OF PUMPING.
Fourth. That said party of the
second part, in. consideration of
Council 01 j the faithful performance by the
Americus on the other : a copy of
which is as follows :
GEORGIA, I
Sumter County. I
This contract and agreement
made and entered into, this the
—day of 1907, between W.
A. Dodson of said State and
County, and his associates, or his
assigns, to be duly incorporated
under the laws 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 modern 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 tne water mains and stand
pipe of the city, all the water
needed and necessary or required
for use and consumption, both at
the present time and all future
times during the continuance of
this contract; said parties of the
first part to have no control or
management in any way or man
ner of the said water works, ex
cept as to the machinery owned
by parties of the first part and
usea in pumping the water into
the water mains and stand pipe.
The full force and effect of this
contract being, that the said par
ties of the first part covenant and
agrees to furnish during the con
tinuance of this said contract, as
the needs, use and necessities of
said City of Americus should re
quire, sufficient power and
pumping capacity to pump the
’water ironi the city reservoirs
and artesian wells into the water
mains and stand pipe of said
city, there being no further con
nection or control of said City
Water Works, except as herein
specified; the present city pump
ing outfit to be kept by the par
ties of the first part in first class
repair and ready for use at all
times, same to be held in reserve
to be used in case of emergency,
and said present city outfit to be
returned in like good order at the
termination of this contract,
barring usual wear and tear and
depreciation. ,
Second. That the parties of
the first part herein agrees and
obligates, that during the con
tinuance of this contract, that
the tank or water tower shall be
full at the hours of 6:00 a. m.,
12:00 m. and 6:00 p. m. and 12 p.
m., and that at no time shall the
tank be less than half' full of
water, to be shown by a record
ing pressure guage placed in the
office of the Superintendent of
the Water Works at the expense
of the parties of the first part,
Ap r ifty 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 same 13 , used fop . dnnking pur
City of Americus, the pumps Poses only, same to be operated
shall be immediately put into from 4:00 a. m. to 10:00 p. m.,
operation, in the event same is *F om ^P. n J t0 September mclu-
needed for sufficient water pres- slve - and from 5:00 a. m. to 9:00
sure. - p. m., from October to March
Third. That the amount of ’ nc * us ' ve -
water so pumped or forced into i lights.
the water mains and stand pipe Seventh. That the parties of
shall be measured by the most the first part agree and obligate
improved method of meters now to furnish to the party of the
in use, and the meter adopted is second part for the purpose of
said parties of the first part of
their agreements for the pump
ing of water, and provisions
herein mentioned, as hereinbe
fore set out, hereby covenant and
agree, that during the life of
this contract, on the measure of
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 (2?) 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 tne 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 wells 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
ever, is insufficient or inadequate,
said party of the second part is
to develop whatever water is
needed or required for water ser
vice, either by developing other
and new springs, or by boring
additional wells, or otherwise,
the entire expense of the same
to be borne by the party of the
second part, and the water so
developed, if by springs, is to be
delivered m, or as near as practi
cal, to the reservoirs at the pres
ent pumping station site, and if
other artesian wells are to be de
veloped, same must be as near as
practicable to the present artesian
wells and present pumping sta
tion. The intention and agree
ment being, that the said party
of the second part is to furnish
water to the party of the first
part at or near the present pump
ing station for water service dur
ing the continuance of this con
tract, at the expense of the par
ty of the second part. In the
event, however, the water sup
ply in the future is deemed in
adequate, and it shall be more
practicable for the City to furnish
the necessary water at a reason
able cost to it at some other loca
tion other than the present
pumping station site, satisfactory
to the parties of the first part, a
reasonable and equitable adjust
ment of the rights of both par
ties to this contract shall be
made.
It is further agreed that in the
event it is desired by the parties
of the second part to sink other
artesian wells at or near the
present pumping station, 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
part, that the said parties of the
j 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 elect'ic 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
agreed, that this ’contract shall
be for a term of twenty years,
and shall become effective as soon
as the power plant and pumping
machinery of the parties of the
first part shall be installed, and
the lights as herein stated can be
turned on and in a position to
furnish the power herein con
tracted-for and lights as herein
stated; work on all of which is to
bepin within four months after
thi3 contract is legally authorized
as herein stated, by popular vote,
and to be completed within fif
teen months from the date of the
contract, provided, that the with
in contract shall be authorized at
an election of the qualified voters
of the city of Americus, as re
quired by the provisions of Arti
cle 7; Section 7; Paragraph 1, of
the Constitution of the State of
Georgia.
private use.
Eleventh . Said parties of the
first part, as a part of this con
tract, agrees and obligates to put
in, construct, equip and operate
an electric power station of suf
ficient size and capacity to fur
nish all the (lower necessary to
run the different enterprises
within said City of Americus,
that may be desired, and to fur
nish said power for said purpose
both and day night as may be
needed and compensation paid
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. VV. hour.
It is also stipulated and agreed
and so contracted, that in con-
shall at all times be subject to | and should the parties of the the streets under the terms of the pro-
the control and regulation by the first part fail or refuse to do so, posed contract for that purpose during
then this entire contract from i the life of said contract, to-wit: twen-
such time, becomes null and void i ty years, cannot be definitely ascer-
at the option of the Mayor and tained, because the amount to be paid
City Council of Americus. But for pumping water will increase with
this clause shall not be operative j the consumption of same, and the cost
in the event of the discontinuance of lighting the streets, and the amount
of the street railway if caused by , to be expended therefor, will be in-
riots, strikes, fire or other un- creased with the increase in number of
avoidable accidents, SO long as lights; it is estimated that the water
said hindering causes continue to now pumped into the water mains and
exist and no longer, water tower of the city of Americus is
Fifteenth. It is further mu-
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
nishing the lights as herein spe
cified, said Mayor and City Coun
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 water
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 ami power 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 and City
Council of Americus, party of the
second part, hereby ratifying
and consenting to said assign
ment, and agreeing that the said
corporation above referred to,
when the same is incorporated
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 parties of the first part
will form and the Mayor and City
Council of Americus. That the
rights under this contract and the
franchises hereunder, shall not
be assignable without the consent
and approval of party of second
part, except as provided in this
Section.
Fourteenth. The parties of
of the first part agrees and obli
gates to construct, equip, main
tain, own and operate within the
corporate limits of the City of
Americus, suburbs and ad
ditions thereto, a street rail
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
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
out 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 farther mutu
ally agreed, that before this
contract shall become effective,
the said party of the first
part, or nis 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 fur
the faithful performance of this
said contract, and to indemnify
the city against loss by reason of
the failure of the party of the
first part to faithfully carry out
the provisions of this contract;
also against any damage or injury
to persons or property caused or
contributed to by the parties of
the first part in the construction,
maintenance or operation of said
plant, or plants under its control,
in case the City is held liable
for said injury or damage.
Provided, that if at any time
there should be any claim on which
damages have been liquidated ac
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 continnous
bond for said sum notwithstand
ing the payment of 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 reqnired by law.
In Witness Whereof, said
parties to this contract have by
these presents, caused the same to
be signed and sealed, the party ot
the first part by his own signature,
duly attested as required bylaw,
and the MAYOR AND CITY
COUNCIL OF AMERICUS, party
of the second part by its duly
authorized officer, signed hereto
its corporate n§me and caused to
be affixed hereto by its Clerk and
Treasurer, its corporate seal. Done
this the day and year first above
written.
.[SEAL]
[seal]
....[seal]
Parties of the first part,
r ...;.[sEAL]
Party of the second part.
Countersigned:
city of Americus, is
five hundred thousand gallons of water
per day. On this basis the costs for
pumping water for one year will be six
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 total
amount to be expended on this basis
for one year would be $5,625.00. 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. Pro
vision for the payment of the said
amount and any future increase in
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 streets; 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 the
Mayor and City Council of Americus,
ThU February 7th, 1907.
T. N. Hawkes,
Clerk and Treasurer,
Clerk and Treasurer City of Americus.
- sideration of the new_ franchises! miles completed and in operation
up-town artesian well located at
the intersection of Lee and Lamar
streets, free of cost during the
life of this contract, provided the
hereafter granted to the said par- within fifteen months 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-
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 j secutive days, then this contract
$1.50 per thousand cubic feet: for shall be null and void; and it is
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
hereby expressly understood and i the principle and interest on said bonds
agreed, and so stipulated, that as same becomes due, a tax of.’ two-
the consideration of the said par-1 elevenths (2-ll) of one per cent of the
tyiof the second part in making taxable values of property in the city
L,. .u- i- ’ r n ... *-r- v— -j s.— ■; f j-v —,—;— — — th!Ssaidcontractforthetermof ofAmericus,forcachycarshallbeas-
to be put in bv the parties of the lighting the streets and alleys of lowed the party of the second twenty years being, that the sewed, levied and collected by the
jfirst part and approved by the said city, not less than seventy- • part. The price of lights, either said parties of the first part, shall Mayor and City Council.
Also to determine whether the Mayor
and City Council of Americus, shall be
authorized to issue bonds for, and in
the name of the Mayor and City Coun
cil of Americus, in the principal sum
of seventy-five thousand dollars for the
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 bo expended in
the erection of an additional public
school 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 jmyable
thirty years from the date of issue, at
which time they shall be paid uff. 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-
larl each. To pay off and discharge
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