The Butler Weekly Times Newspaper, October 9, 1913, Page 7

Proposition Now Under Consi- ~ exation-by the City-Couneil. : AN ORDINANCE. To provide a supply of water to the| city of Butler and its inhabitants, in the county of Bates and State. of Missouri, and authorizing Charles E. Stephenson, hip :associates, as- signs and granteés, to maintain, extend and rebuild ‘and’ operate waterworks, and for making and entering into a contract with said Charles E,-Stephenson, his associ- ates, grantees and assigns, for fur- nishing water through hydrants for purposes of ‘fire protection, and for other municipal uses, and giv- ing the city of Butler an option to purchase said waterworks; also for submitting this proposition to the qualified voters of the city of But- ler for their adoption or rejection. BE IT ORDAINED by the Council of the City of Butler as follows: Section 1. That there is hereby granted to Charles E Stephenson, his successors and assigns, for the term of Twenty (20) years from and after the final passage of this ordinance, the exclusive privilege and authority of maintaining and operating a system of waterworks in accordance with the terms and provisions of this or- dinance and of using the streets, al- leys, public square and all other pub- lic places within the corporate limits of the city of Butler, Missouri, as they now exist or may hereafter be extended, and within such other ter- ritory as may now or hereafter be under its jurisdiction, for the purposes of laying pipes, mains and other con- duits, erecting and maintaining reser- voirs, standpipes and hydrants, and . all other apparatus for conducting and furnishing an adequate supply of water to said city of Butler and its inhabitants for public and private use, and for making repairs and extensions to said system from time to time dur- fire purposes and for flushing sewers fand same shall not, be: operated ex- cept’ under the control of the city authorities or of the grantee or his as- signs,. If under the control of the city by such officers as the city may direct, and the city of Butler hereby makes it a misdemeanor for any per- son or persons not authorized to close or in any way interfere With said hy- drants or to tap’water mains or in any way whatsoever interfere with the property of said grantee. All ex- cavations for the laying of pipes and mains in said streets and other pub- lic places in making extensions and repairs shall be made with the least practicable inconvenience to the in- habitants of the city and shall be speedily replaced in as good condition as before such excavations were made and as near as may be to guard against accidents such excavations shall be guarded by barricades by day and by danger lights at night. All of theaforesaid constructions, operation, maintaining, excavating, refilling, re- pairing and guarding are to be done wholly by and at the expense of the grantee and'his assigns, and said ‘grantee hereby agrees to save the city harmless from any damages to person or property arising from negligence on the part of said grantee or hemis- ployees in the non compliance with this section, as herein provided. Section 4. In consideration of the water supply hereby secured to the city of Butler and its inhabitants and as an inducement to said grantee, his grantees and assigns, to accept the provision of this ordinance and con- tract, the said city of Butler hereby agrees to and does rent from said grantee during the full term of this franchise not less than the present eighty-three (83) hydrants located on the present pipes and mains within the city limits, and the city of Butler does hereby agree and binds itself to pay to the said grantee or his assigns for the use of said eighty-three (83) hydrants the sum of Three Thousand Dollars ($3000.00) annually, payable ingthe period for which this ordi- nance shall be in force. The said city of Butler also hereby gives the said grantee, his successors and as- signs, the right and privilege of erect- ing and maintaining poles in and up- on the streets and alleys of said city of Butler for.the conveying of electric power to the wate? station on the Miami River: if inthe judgment of said grantee, his successors or as- signs, it should be thought advisable to use electric power in addition to the present steam pumps for the pumping of water to the city of Butler. Section 2. The source of the water supply shall be from the Miami Creek and the grantee shall augment the present dam for the storage of water by adding at least two feet height to the present dam and by placing a scouring trap in the present damnear the center and bottom to be used at times for the drawing off of silt and the general cleaning of the bed of the creek near the pump intake. The supply of water shall be taken from Miami Creek, either by pumping direct from above the dam in the Creek or from the settling basins con- structed at the side of said Creek and so arranged as to give the city ample supply of pure and wholesome water. Seven Hundred and Fifty Dollars ($750.00) quarterly at the end of each quarter on the first days of January, April, July and October of each year during the continuance of this fran- chise, and should the city from. time to. time add additional hydrants to said number of eighty-three (83) as at present located and as above provid- ed for, it shall pay for each additional hydrant so installed the sum of Forty Dollars ($40.00) annually during the period covered by this franchise. Any money due the grantee or his assigns arising out of the provisions of this ordinance remaining unpaid for thirty (30) days after the same be- comes due and payable shall bear in- terest at the rate of six (6) per cent per annum until paid. Section 5. The grantee shall pro- vide and maintain an electric fire alarm or telephone system connect- ing the waterworks office with the pumping plant, which shall be at all times accessible to the city fire de- partment or city marshal, so that an alarm of fire can be communicated to the engineer in charge of the pump- ing plant, who shall, upon receiving said alarm and as speedily as possible, set the pumping machinery in opera- tion to more fully insure the efficiency of the fire pressure, and when said after the day on which this ordinance takes’ effect the said grantee shall filé his written acceptance or rejection thereof in the office of the City Clerk. Section 8. The city shall have the option to purchase said . waterworks and appurtenances connected there- with at the expiration of five (5) years from the date of the acceptance of this ordinance and at the expiration of each succeeding five years thereafter, by giving notice in writing to said grantee or his assigns at least three months previous to the expiration of its time for purchase and by paying therefor the fair and equitable value of said works, which value shall be determined, first, by agreement be- tween the city and said grantee or his assigns, and in case they can not agree, then by arbitrators. If by ar- bitrators the grantee shall select one arbitrator and the city shall select one arbitrator. In the event said two ar- bitrators fail to agree then the two arbitrators shall select a third arbi- trator, and the decision of any two of these arbitrators shall be binding up-|' on both the city and the grantee or his assigns. Section 9. Said grantee or his as- signs shall have the right exclusively to tap mains and to make all needful rules and regulations for the protec- tion of said water works and their op- eration in supplying consumers with water, for shutting off water for non- payment of water rates, or for waste of water, for requiring consumers to install meters and for requiring and fixing the penal sum of any bond of those who may engage in plumbing, and otherwise regulate the safe and efficient operation of the waterworks. Said grantee shall not make any charge for tapping of mains in making new service connections, except the actual expense of plumbers and labor time consumed on each job. Section 10. In the operation of the waterworks unseen and unavoidable accidents may occur, such as break- age of mains, of machinery, of stand- pipes, or tornadoes, or cyclones, or floods or cloudburst, water spouts, or droughts, fire or lightning, or lab- or troubles or malicious interference, and injuries to the waterworks may be perpetrated, making it impossible to operate said waterworks to the ten- or and effect'as hereinbefore set foth Therefore, hindrance from any of the aforesaid causes shall not makea forfeiture of this franchise or any of the provisions thereof, provided that in good faith all such repairs and ob- stacles be as speedily made and over- come as possible with due diligence. It being understood by the city of Butler and the grantee herein that the property is to be maintained by said grantee in good repair and any failure to properly operate or main- tain, the property subjects the gran- tee to the revoking of this contract as hereinafter provided for. Section 11. Said grantee or his assigns, during the term of this ordi- nance, may charge as rates for the use of water a tariff of prices equal to, but not exceeding the annexed list as follows: For city -use $3000 per year for 83 fire hydrants, pay- able quarterly as hereinbefore pro- vided and $40.00 for added new ones and for water furnished to domestic consumers same shall be sold through water meters on the following month- ly basis. Section 7, Within thirty. (80) days RIT in the typewriter field. look alike but there is a lot average business. 220 East 10th Street, ERCo NOS L. C. Smith & Bros. Typewriter (Balt Beartng—Long Wearing) In buying a typewriter you want a satisfactory answer to three questions: What will it do for me? How well will it do it? How long will it do it? By answering these queries with the needs of the typewriter owner and user in « mind, the L. C. Smith & Bros. Typewriter Company has attained the front rank Some people think that a typewriter is a typewiter and that is all there is to it. Machines may of difference in efficiency. The new Model Five is built not only for straight correspondence but for tabulating, billing and in fact for every service needed in the Its ball bearings at all points where friction developes through action, permit close adjustment and insure correct and accurate typewriting. We would like the opportunity to tell you more about it. Write for free book of our new Model Five. L. C. SMITH & BROS. TYPEWRITER CO. Head Office for Domestic and Foreign Business: SYRACUSE, N. Y., U.S. A. Branches in all Principal Cities KANSAS CITY BRANCH, 26-14t Kansas City, Mo. Section 12, For the purpose of | meeting and paying promptly the! quarterly annual rental for said pub- | lic service, as hereinbefore set forth, i to said grantee or his assigns, the | City Council shall appropriate each | year a sum sufficient to pay the same | and in the event that the general rev- | enue of the city is insufficient there- | for there shall be levied and collect- | ed inthe same manner as are the taxes for general purposes a suffi- cient amount to pay the annual rental | for said service, which said tax when | so collected shall be held inviolate | with any of the terms or conditions| of this contract within a reasonable | x time after he has been notified in} writing by the city of Butler of his! city subject him to a forfeiture of this | franchise such hearing on the sub- | Jurisdiction. Section 14. A special election shall | be held in the several wards of the| eity of Butler for the ratification or| rejection of the contract embodied | § in this ordinance by the qualified vot- ers of said city. Said special elec- tion shall be held in the same man- ner and the returns thereof made and In av for the special purpose for which it HeieeGS inninee : ; : 0. 202 K. C, Joplin Mail & Ex...... 8:25 a, m. is collected and paid to said grantee | No. 216 Kansas Uity Accommodation t:108, ni or his assigns. 3 No. 302 Loses Eola hts does not car- ere... . Section 13. The failure on the NO 30 St outed K. C. Sueen part of the grantee herein to comply | N°-*'$ Stock Mxpress, does notcar- | No. No. ‘A , .) | No. 207 K. C. & Joplin Mail & i failure, shall upon notice from said | No. 205 coorumodate ject to be before a court of proper No. 693 Madison Local Freight, car- No No. 6:8 Butler Accommodat! No. 694 Butler Local Freight. Freight trsins Nos, 693 ere on Interstate Diviaion. No other traine carry passengers. All freight for forwarding must be at depot not later than eleven for followin, train in morning. MISSOURI PACIFIC IRON MOUNTAIN Missouri Pacific Time Table BUTLER STATION CORRECTED JUNE 25, 1913 TRAINS WEST AND SOUTH, 201 St. Lonia-'oplin Ma!l & Ex - 209 St. Loula Limited. . 6 291 Local Freight, does lo 205 Nevada Accommodation.. INTERSTATE. WEST. ries paserugers............. . 7:308 m 637 Madison Accommodation... 1:30 p.m _ EAST BOUND ARRIVALS, : 11:15 8, m 5:00 p. m, rry passen- freight o’clock &. m. or be held day’s forwarding. Freight for teratate Division must be delivered before eo’clook p. m, No freight billed for this R. D. Watxer, Agent. dren a specialty. | | PROFESSIONAL CARDS DR. J. M. CHRISTY Diseas.s ot Women and Children a Specialty BUTLER MISSOURI Office Phone 20 House Phone 10 DR. J. T. HULL Dentist ;Entrance same that leads to Stew- ‘ ard’s Studio. North side square _ Butler, Missouri DR. H. M. CANNON DENTIST Butler, Missouri East Side of the Square Phone No. 312 T. €. BOULWARE Physician & Surgeon Office North Side Square, Butler, Mo. Diseases of women and chil- B, F. JETER, Attorney atLaw Notary Public East Side Square Phone 186 BUTLER, MISSOURI DR. ROBERT E. CRABTREE General Practice. The grantee to keep at least fifty feet of water stored in the stand pipe lo- cated within the city limits of Butler, to insure at all times of night or day an adequate water pressure for the fighting of fires. That the grantee fire pressure is not needed said fire department or city marshal shall so notify said engineer at the pumping plant. Section 6. The city shall have the free use of water for city offices oc- Diseases of Children. TELEPHONES Office 301 Residence 541 Office in Gench Bldg. - canvassed in all respects as is now provided by law for the election of | city officials, and the Mayor shall by proclamation give at least——days notice of the time when and place where such election shall be held in For the first 5000 gallons at the rate of 40 cents (40c) per 1000 gallons with a minimum monthly charge against each consumer of not less than 1500 gallons. From 5000 gallons to 6000 gallons Trustee's Sale. Whereas Conway Grayson and Myrtle Gray- son, husband and wile, by deed of trust dated | April let, 1911, and recorded April 2 in the office of the Recorder of Deeds of Bates | - Mirsouri in Book 214 at Page 326, con the undersigned in trust, to secure the payment of the note and ne in said T, |. HALSEY, M. 0. 0.0. install a direct water main to furnish | cypied for city purposes, for public H 3 ‘and cou; : : ; each ward. At said el - ‘a, [ the Mo. Pac. Railroad with water, | school buildings and churches in the | 38c per 1000 gallons. Wiativotars of eng sagen ~ iowing described real etate situate in'Bates | . Eye, Ear, Nose and % If of the Hast half of fractional Throat Specialist The Weet hai From 6000 gallons to 8000 gallons 86c per 1000 gailons. said main to have no connections city, for flushing gutters and sewers, ratification shall deposit a written or section three (3) im township forty-two (42) of| .@ “4 and the fitting of Glasses Ls with fire hydrants. and for four (4) drinking fountains , rin in thi : rang thirty-three ($3) conta'ning 59 acres. } Section 3. There is located within| for beasts of burden, but said water} From 8000 gallons to 10,000 gallons P Pe ac ves. ofitd wheross, intereat coupe duc April 18, | once over Peoples Bank ne 2 the corporate limits of the city of| for all such purposes shall not exceed | 35c per 1000 gallons. = aauisllwho are opnoved’to the | an ane eae a ee a | Butler, at points heretofore located|an average of seven thousand (7000)| From 10,000 gallons to 15,000 gal-| ratification of this contract shall de- | coupon nee reaested.me to execute the power by the eity of Butler, eighty-three (89) | gallons per day. For any excess of [lons 30c per 1000 gallons. posit a written or printed ballot in| Tet! gtttte tnd out of the proceeds or anid sale || mee Phone S: ‘Rralucnee Pranedie ” fire hydrants with hose couplings for | this quantity said city agrees to pay) From 15,000 gallons to 30,000 gal- | this form: Pelnerotpre in compliance wits ral, request, | fire purposes, and such of these hy-|for same under meter rates as’ here- | lons 25c per 1000 gallons. For the Waterworks, NO. sald deedbor trusts f will oll sald reat eatare ne drants as said city may designate|inafter-provided for domestic con- From 30,000 gallons to 100,000 gal-| i¢ it shall appear from the returns | Baths 1nwdey sf October Wk at the feat shall be kept infyood repair and sup-|sumers, Water furnished the city ons 20c per 1000 gallons. of said election that two-thirds of the |{x'Baves Gout: Mimeeurres (On °F Butler, plied with water by the grantees or|aforesaid shall not be used habitually] From 100,000 gallons to 200,000/ voters voting thereat are in favor of |" JOLia W- PETERSON, Trnsteo. his assigns during’ the continuance of| by any citizen of Butler, thereby de- gallons 16c per 1000 gallons. the ratification of this ordinance then| From 200,000 gallons to 300,000 Notice. the grantee or his assigns of this franchise and the rental for said | priving the Mayor shall give notice, thereof ydrants shall be-paid by the city: of revenue, and when flushing gutters | gallons 15c per 1000 gallons. Mont Cees eee eter provided. “Tbe |or sewers there calla ll nes be| FF 0m 300,000 gallons to 50,000 |p™ Doran poets iret > city of Butler. may compel said gran-| attached to the hose a one inch noz- gallons 12c per 1000 gallons. ordinance shall take effect from and | be tee or his assigns t¢ extend the water | zle through which the water must be From 500,000: gallons to 600,000| after such ratification. The City Clerk discharged, and the engineer at the| gallons 11c per 1000 gallons. pumping house shall have been pre-| From: 600,000 gallons up 10c per viously notified of such use. This}1000 gallons. shall, immediately after the ratifica- tion of this ordinance by such legal voters, furnish such grantee with. a Cettificate thereof. Unless this or- jee and the contract embraced wits provisions be ratified by two- thirds of the legal voters polled at ‘election the same shall in no re- of water shall for