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2 THE AMERICUS WEEKLY TIMES RECORDER. FRIDAY. MARCH Is, ,907, ELECTION NOTICE, party of the second part, subject to be changed upon demand of m .. , - ...,. n -. the party of the setond part for To the qualified voters of the City su ffj e ient cause, and the same of Americus : ' shall be read by the City Engi Notice is hereby given that on neer of the party of the second the 20th day of March, 1907, part in the presence of represen- «r "T* hd f; at *lr Tl! SSTirt .'» h 5 voting: place m the City Hall reconings, jf sam e is impar- Building, in the City of Aineri- tial and fair, shall be final, cus, an election for the purpose It is agreed that the meter of deternining whether a certain | so . installed shall be main- 'tainedand kept in repair at the expense of tne parties of first part. PRICE OF PUMPING. proposed contract, for the pur 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 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 \V. 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 • tne 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 chines to be of the most improv ed ana modern design, sufficient dn 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'hrst part to construct, equip, 'Sand maintain os 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 used in pumping the water into the water mains and stand pipe. The full force and effect of this •contract being, that the said par ities 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 witter from 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 nr. 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 t*»' > Works at the expense of tne parties of the first part, and the party of the second part sh. L A- a 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 five (75) arc lamps to be of the by electricity or gas to private latest improved make, of not less consumers and for private uses, Fourth. That said party of the second part, in. consideration of the faithful performance by the follows For pumping of the first 500, 000 gallons per day, the price shall be three and one-half (3i) 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- 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 in, 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 necessaiy 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 tne 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., than what is now known as a nominal two thousand candle power lamp, of the character, power and kind approved by the party of the second part; which lamps shall at all times be sub ject to the approval of the party of the second part. Should it appear at any time, to the rea 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 said parties of the first part of will be satisfactory to said party their agreements for the jjump- of the second part. That said arc ing of water, and provisions lights shall be located wherever herein mentioned, as hereinbe- said party of the second part fore set out, hereby covenant and shall designate,and said parties of agree, that during the life of the first part shall locate such this contract, on the measure of additional lights as may be re- the daily amount of water so quired by the party of the second pumped into said mains and part; said lamps to burn and be standpipe to pay the parties of operated every night continuous- the first part for said service, as 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 ons per day, the price shall be furnishing said electric arc lights, two and three-fourths (2t) cents as herein provided, said party of per thousand gallons for such the second part agrees to pay to excess: the parties of the first part as operation, in the event same is ■ {f om April to September inclu- needed for sufficient water pres iure. Third. 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 dint part and approved by the 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 said city, not less than seventy- 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 begin within four months after this 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 power 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. 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 part. The price of lights, either 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 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 powpr 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 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 i»arties 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 incorporates and this contract assigned to them, shall have all the rights and powers herein contracted as between said parties of the first l>art, 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 ternjs 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 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 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- S iof the second pert in making is said contract for the term of twenty years being, that the said parties of the first part, shall 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 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 further mutu ally agreed, that before this contract shall become effective, the said party of the first part, or his assigns, shall fnrnish to the party of the second part, subject to its approval, a bond in the sum of $25,000,00 in some good and solvent security company authorized to do business in the State of Georgia, conditioned for the faithful performance of this said contract, and to indemnify the city against loss by leason 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 ,js 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 contiuuous bond for said sum notwithstand ing the payment ot any liquidated damages under 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 Americas as required by law. In Witness* Whereof, said 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 paid 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 and water tower of the city of Americus, U 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 dumber 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. parties to this contract have by This February 7th, 1907. these presents, caused the same to be signed aud sealed, the party ot I the first part by his own signature, j 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 name 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, • ....[seal] Party of the second part. Countersigned: T. N. Hawkes, Clerk and Treasurer, Clerk and Treasurer City of Americus. 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 be 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 und 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 j two- elevenths (2-11) of one per cent, of the taxable values of property in the city of Americus, for each year shall be as sessed, levied and collected by the Mayor and City CounciL ORINO Laxative Fruit Spp Pleasant to taka Tha new laxative. Does not gripe or nauseate. Cures stomach and liver troubles and chronic con stipation by restoring the natural action of the stom ach, liver and bowels. Bsfuss aubatlh ««t. Wrloa BOo. F, M. M’LAUGHUN A CO. A Positive CURE Ely’s Cream Balm It quickly abiorbod. Gitct Relief el Ones. 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