The Butler Weekly Times Newspaper, October 30, 1913, Page 7

{ } | ELECTION PROCLAMATION, To the qualified voters of the City of Butler, Bates County, Missouri. You are hereby notified that in pur- suance of an ordinance passed by the council of the City of Butler, ‘Mis- souri, and approved by the Acting Mayor of said City of Butler, on the 20th day of October, 1913, there will be held in the City of Butler at the usual voting places in the different and several wards therein, on Tues- day, November 11, 1913, an election for the purpose of determining wheth- eror notthe qualified voters of the ' City of Butler will ratify and adoptan ordinance and contract made and en- tered into by and between said City and Charles E. Stephenson, his asso- ciates, grantees or assigns, for the re- pairing, maintaining and operating of a system of water works for said City as described and set fortli in said or- dinance, at the annual rental‘ therein set forth, a copy of which ordinance is hereto attached and made a part thereof. The elections in the four several wards will be held in the basement of the Court House in said City of But- ler, Missouri, in the usual and cus- tomary places and manner for the election of councilman of said wards in the said City of Butler, Missouri, ’ at which said election those favoring the ratification and adoption of said ordinance will cast a ballot on which shall be printed or written, ‘For the water-works—Yes.’’ and those op- posed to the ratification and adoption of said ordinance, will cast a ballot on which shall be printed or written, “For the water-works—No.”’ Attest: WELDON D. YATES, J. F. SMITH, Acting Mayor of City Clerk. - the City of But- (Seal) ler, Missouri. Ordinance No.-275. 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, his associates, as- signs and grantees, to maintain, extend and rebuild and operate e 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 privilege and authority of main- taining 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 ‘)f laying pipes, mains and other con- ‘yits, erecting and maintaining reser- oirs, standpipes and hydrants, and 1 other apparatus for conducting id furniehing an adequate supply of ater to said city of Butler and its habitants for public and private use, id for making repairs and extensions x0 said system from time to time dur- ing the~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 under the direction of the City Council, inand up- on the streets and alleys of said city of Butler for the conveying of electric 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. 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 shall install a direct water main to furnish the Mo. Pac. Railroad or any other railroad that may hereafter enter the city, with water, said main or mains to have no connections with fire hydrants. - ‘Section 3. It is agreed that in any action at law or in equity between the city and grantee or assigns, service of process or notice on grantee or as- signs may be had on any person in charge of an office of grantee or as- signs in the City of Butler, Bates County, Missouri, or in the eventthat no office be maintained in Butler, Bates Co., Mo., service may be had on the Superintendent of the Insur- ance Department of Missouri, as in insurance cases, so as to confer juris- diction upon the Circuit Court of Bates County, Missouri, in cases between said city and the grantee or assigns. Section 4. There is located within the corporate limits of the city of Butler, at points heretofore located by the city of Butler, eighty-three (83) fire hydrants with hose couplings for fire purposes, and such of these hy- drants as said city may designate shall be kept in good repair and sup- plied with water by the grantee or his assigns during the continuance of this franchise and the rental -for- said hydrants shall be paid by the city of Butler as hereinafter provided. The city of Butler may compel said gran- tee or his assigns to extend the water mains upon any street in the city of Butler beyond the main now jnstalled whenever such extension will pro- duce an amount of revenue from con- sumers of water equivalent to at least twenty (20) per cent annually of the gross cost of such extension and on condition that the said city of Butler shall order installed by the grantee and pay rerital thereon as’ hereinafter provided, an additional double nozzle fire hydrant for each and every five hundred (500) feet of new extended mains so ordered laid by the city. Allof said hydrants shalk be used for fire purposes and for flush- ing sewers, streets and gutters and 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 to the water station on the/| city of Butler and its inhabitants and Miami River if in the judgment of 3s an inducement to said grantee, his grantee and his assigns, and said grantee hereby agrees to save the city harmless from any damages to person during the continuance of this fran- chise, and should the city from time to time add additional hydrants to said number of c:ghty-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 6. 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 fire pressure is not needed said fire department or city marshal shall so notify said engineer at the pumping plant. Section 7. The city shall have the free use of water for city offices oc- cupied for city purposes, for the fire department for any purpose usually employed in and around the Fire De- partments, for churches in the city, for flushing gutters and sewers and streets, and for four (4) drinking fountains for man and beasts of burden, but said water for all such purposes shall not exceed an average of nine thousand (9000) gallons per day. For any excess of this quantity said city agrees to pay for same under meter rates as here- inafter_provided_tor_domestic-con- sumers. Water furnished the city aforesaid shall not be used habitually by any citizen of Butler, thereby de- priving the grantee or his assigns of revenue, and when flushing gutters, sewers or streets there shall at all times be attached to the hose a one inch nozzle through which the water must be discharged, and the engineer at the pump- ing house shall have been pre- viously notified of such use. This section shall not be construed as re- quiring the grantee to lay any addi- tional pipe or furnish any fixtures of the above uses, except the troughs as now installed. The grantee however agrees to erect and furnish the water free through any public ornamental drinking fountain or fountains that may be donated to the city by any of its citizens as a public gift or me- morial. Section 8. Within thirty (30) days after the day on which this ordinance takes effect the said grantee shall file his written acceptance or rejection thereof in the office of the City Clerk. Section 9. 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 prévious 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 in case they cannot agree upon a third arbitrator, same may, or property arising from negligence on the part of said grantee or his em- ployees in the non-compliance with this section, as herein provided. Section 5. In consideration of the water supply hereby sécured to the assigns, to-accept and id i eaid term of this the present as located a vided, that in arriving at the value at the request of either party, be ap- pointed by the Public Service Com- mission of the State of Missouri, or if there be no Public Service Commis- sion -then by the Governor of the State, and the decision of any two of these arbitrators shall be binding up- on both the city and the grantee or Circuit Court of Bates County, Mis- souri, may be rendered upon said ward, as provided by the Statutes of Missouri. Service of the notice here- provided for may be had in the same manner as provided for service in Section three (3). Pro- 5 in case the all not consider his assigns, and a judgment of the | ly basis. .OF The Missouri State The Walton Trust (Associate Institutions) RESOURCES Money loaned...... Condensed Official Statement Of Butler, Missouri As rendered to the State Bank Commissioner at the close of business October 21, 1913. Overdrafts........... Ad DOUEN UTS DAODAO OUND UN tale 1,894.63 Real Estate, including banking house....... 42,196.72 Furniture and Fixtures......................5 3,000.00 Cash and sight exchange..................... 257,549.38 Total Resources............ $1,113, 532.04 CapitalsStocke ssc ccc aereias a bsteceeks ..3>$305,000.00 Surplus and Undivided Profits............... 124,022.03 WDODOSIES (6 saiccusitest cerca vers ir otenen cane 684,510.01 THE OLDEST, LARGEST AND STRONGEST FINANCIAL INSTITUTION IN THIS SECTION OF THE STATE. “The Old Reliable” Bank and Company $808,891.31 $1,113,532.04 water, for shutting off water fornon-' From 100,000 gallons to 200,000 payment of water rates, or for waste | gallons 16c per 1000 gallons. of water, for requiring consumers to, From 200,000 gallons to install meters and for requiring and gallons 15c per 1000 gallons. fixing the penal.sum of any bond of; From 300,000 gallons to those who may engage in plumbing, | gallons 12c per 1000 gallons. and otherwise regulate the safe and’) From 500,000 gallons to efficient operation of the waterworks. | gallons 11c per 1000 gallons. Saidgranteeshall not makeany charge! From 600,000 gallons up for the tapping of mains in making! 1000 gallons. new service connections, except the| Domestic consumers of water shall actual expense of plumbers and labor | have installed and pay for meters, or time consumed on each job. Pro-| upon contract with the grantee or his vided any consumer may employ his | assigns meters shall be rented at a own plumber to make connection, | charge of, not to exceed twenty cents same being a licensed plumber by the | (20c) per month for each % inch size city, by giving reasonable notice to; water meter. For larger meters, and procuring a permit from the special contracts shall be made be- company. ‘tween the grantee and the consumers. Section 11. In the operation of the; Section 13. For the purpose of waterworks unseen and unavoidable! meeting and paying promptly the accidents may occur, such as break-! quarterly annual rental for said pub- age of mains, of machinery, of stand- lic service, as hereinbefore set forth, pipes, or tornadoes, or cyclones, or to said grantee or his assigns, the floods or cloudburst, water spouts, City Council shall appropriate each or droughts, fire or lightning, or lab-| year a sum sufficient to pay the same or troubles or malicious interference, and in the event that the general rev- and injuries to the waterworks may | enue of the city is insufficient there- be perpetrated, making it impossible | for there shall be levied and collect- to operate said waterworks to the ten- ed in the same manner as are the or andeffect as hereinbefore set forth. | taxes for general purposes a suffi- Therefore, hindrance from any of the | cient amount to pay the annual rental aforesaid causes shall not make a_/ for said service, which said tax when forfeiture of this franchise or any of|so collected shall be held inviolate 300,000 500,000 600,000 10c per in good faith all such repairs and ob- | is collected and paid to said grantee stacles be as speedily made and over- | °F his assigns. come as possible with due diligence. | Section 14. The failure on the It.being understood by the city of | part of the grantee herein to comply Butler and the grantee herein that| with any of the terms or conditions the property is to be maintained by! of this contract within a reasonable said grantee or assigns in good repair time after he has been notified in and any failure to properly operate or | writing by the city of Butler of his maintain ithe property subjects the/ failure, shall upon notice from said grantee to the revoking of this con- city subject him to a forfeiture of this tract as hereinafter provided for. Section 12. Said grantee or his|jectto be beforea court of proper assigns, during the term of this ordi- jurisdiction. Service of the notice nance, may charge as rates for the mentioned in this section may be had use of water a tariff of prices equal/in the same manner as provided for to, but not exceeding the annexed | service of notices in Section Three (3). list as follows: ‘For city use Three} Section 15. A special election shall Thousand Dollars ($3000) per year for | be held in the several wards of the fire hydrants, payable quarterly as/city of Butler for the ratification or hereinbefore provided and Forty rejection of the contract embodied Dollars ($40.00) for added new ones /in this ordinance by the qualified vot- and for water furnished to domestic| ers of said city. Said special elec- consumers same shall be sold through | tion shall be held in the same man- water meters on the following month- | ner and the returns thereof made and 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 fifteen days notice of the time when and place For the first 5000 gallons at the rate of 40 cents (40c) per 1000 gallons with a minimum monthly charge each consumer of not less than 1250 gallons. From 5000 gallons to 6000 gallons| each ward. At said election the qual- 38c per 1000 gallons. From 6000 gallons to 8000 gallons | ratification shall deposit a written or per 1000 gallons. printed ballot in this form: a.” 10,000 gallons | roR THE WATERWORKS. YES. f 1000 gallons. And all who are opposed to the 10,000 gallons to 15,000 gal-| _incation of this contract shall de- |franchise such hearing on the sub-! ; } Ifit shall’ appeer from the returns | Telephone. ‘of said election that two-thirds of the voters voting thereat are in favor of the ratification of this ordinance then the Mayor shall give notice thereof by proclamation in some newspaper printed in the city of Butler and _ this ordinance shall take effect from and after such ratification. The City Clerk shall, immediately after the ratifica- tion of this ordinance by such legal voters, furnish such grantee with a certificate thereof. Unless this or- ;dinance and the contract embraced :in its provisions be ratified by two- thirds of the legal voters polled at said election the same shall in no re- spect become operative. Section 16. The election provided forin Section 15 of this ordinance shall be held on Tuesday the 11th day of November, 1913. Read this the third time and -passed this 20th day of October, 1913. WELDON D. YATES, Attest: Pres. of the Council. J. F. SMITH, City Clerk. Approved this 20th day of October, 1913. WELDON D. YATES, (Seal) Acting Mayor. State of Missouri, County of Bates, «ss. City of Butler. I, J. F. Smith, City Clerk of the the provisions thereof, provided that! for the special purpose for which ‘City of Butler, Mo., do hereby certi- fy that the foregoing is a true and correct copy of an ordinance passed ‘by the City Council of the City of | Butler, Mo. on the 20th day of Octo- | ber, 1913, and approved by the Act- ling Mayor of said City, on said 20th ‘day of October as the same appears | from the files in my office. | In Testimony Whereof, I here- | unto set my hand and affixed the seal of said City at my of- fice in Butler, Missouri, this | the 21st day of October, 1913. , (Seal) J. F. SMITH, | City Clerk. |School Building Caught on Fire | The Hume school building caught jon fire from a stove in Room 3, Mon- |day morning, which very nearly des- \troyed it. The stove, which set flat jon the floor, set fire underneath, and | the floor was ablaze before discovered. The bucket and ax brigade responded promptly, and the fire was extin- guished. Loss fully covered by in- surance. The present building was erected where such election shall be held in | in 1885—28 years ago, and has out- lived its usefulness. It should be ified voters of. said city who favor jtorn down and a modern building put up in its place. We have said it, now listen for the ‘‘killjoys’ pro- longed wail about the editor’s brains. Everytime the editor suggests--some needed public utility, heis accused of having a “brain storm.”” But,’ or no brains, if Hume ever to much there will have to be