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HomeMy WebLinkAboutOrdinance 1 (2) Special Meeting Held Npv. 3rd, 1921, at 8 P.M. For the purpose of considering, and if necessary passing, an Emergency 0rdinan.ce to pay for Water Main Construction. Roll Call:-, Pres. W. C. Gauvit~te, CounCilmen G.Burgoyne,A.L. Benson, M~ttLedwien and James McKennm allpresnet at the meeting. The Ordinance was then read by the Clerk, which is as follows:- w~RGENCY ORDINANCE, No. 1 AN EMERGENCY ORDINANCE AUTH~I~IZING AND DIRECTING THE ISSUANCE OF CERTIFICATES OF INDEBTEDNESS OF THE CITY OF COLL~B!A HEIGHTS, IN T~KE AM~0UNT OF $12,~15.28, FOR THE PURPOSE OF SETTLING A!~D EX DISCHARGING THE LIABILITY OF SAID CITY TO CHARLES W. SCI~UTH, FOR CONST!qUCTING AI~D LAYING CERTAIN WATER ~M_AINS IN THE CITY OF COLLR~BIA HEIGHTS. WH~V~EAS, a public emergency exists by virtue of which the City of Coltumbia Heights in the County of Anoka s~ud the State of Minnesota, is subjected to the necessity of making an extraordinary expenditure in this, that said City has succeeded to all rights and privileges, and is subject to all of the legal obligations of the Village of Columbia Heights, among which is an outstanding liability for the payment to Charles W. Schruth of Minneapolis, Minn. of the sum of Twleve Thousand Six Huhdred Sevevteen Dol~-a~s and Twenty Eight Cents, ($12,6!?.28) , for having fully performed a contract enterred in.to by him with said Village of Columbia Heights, for the construction and installation of certain water main~ extensions in said Village (now City ) of Columbia Heights, as follows:- On Madison Street Northeast, from Forty-fourth Ave. to Forty-fifth Avenue; On Second Str. Northeast,from a point Horth of' ~orty-third Ave. to Forty-fourth Avenue; On Main Street Northeast,from Thirty-se?enth Ave. to Fortieth Avenue; On Thirty-seventh Avenue Northeast,from SeCond Street to Main Street; On Fortieth Ave. I~ortheast, from Second Street to Main Street; as more,particularily appears from the Report of the City Manager, James Corr, dated Oct. 18th,1921, which was duly received and approved by the City Council of Said City at its meeting held on~ Oct. 18th, 1921,after modification thereof to allow for rock excavation under said Con,Tact of the value of $483.00; and, whereas, by ~esolution duly adopted at said Council Meeting, said work including said allowance for rock excavation, has b?en approved and accepted,the contractor, Charles W. Schruth, and his bond given as a guarantee for the perfc~-m~nce of said work, released and discharged from further liability in that behalf,and said sum of $12,61~.2~ determined and settled upon as being the amount due to said Schrut~ for such com- lol~ted work~ ~nd ( Over P~ge VEqEREAS, said Water .~ins .are now is use by said C~ty, and their continued use is essential to the public health and ~affety,and is a public necessity, but, i~ payment .of said claim be not m~de,legal proceedings m~y be instituted to enforce payment thereof and to enjoin the m~xm-~h~~ further use of said water mains until such payment be made; and ~FH]EP. EAS, said City has no funds in its Trea~ur~, at the 'present time available for the purpose of making such payment, but the said Charles W. Schruth has agreed to accept in settlement,and discharge of his said claim, Certificates of Indebtedness of the said City, payable on or before one year from the d&te of their issuance, if settlement be m~de .without delay; NOW TPiEIAEFORE THE CITY OF COLD-MBIA HEIGHTS DOES ORDAIN: Section 1. That ~the Treasurer of said City of C ~lun~ia Heights be, and hereby is authorized and directed immediately to prepare Emergency Debt Certificates, which shall be signed in behalf ef said City by its Mayor, and attested.by its Clerk, to the amount of $12,617.28, Twelve- thousand, six hundred seventeen and 28/100 dollars, Twenty five, 20, of said Certificates to be in denominations of ~500.00 Five HuncLred dollars, each, and one, (1) cerificate to oe in the denomination of $117.28, One hundred and Seventeen Dollars and twenty eight cents, all thereof to run for the term of not to exceed one year from the date of~ their issuance,with the priwtlege of payment on or before their.rest~ective due dates, and to bear ,~nterest at the rate of 8%, sAx percent, pe annum; and said Treasurer is fu~]zl~er authorized and directed promptly upon the proper issuance and execution of sa~d certificates, to pay over and deliver same to said Charles W. Scl~ruth, in full settlement and discharge of liability of said City of Columbia Heights to him by reaspn of the completion ~ of the work of constructing and installing said water mains, as hereinbefore described. Section'2. Said Certificates shall be in the following form: Emergency Certificate~ of Indebtedness of 'the City of Columbia Heights, Anoka County, l~innesota. Serial No.__ Amount ~ ..... TO WH0~ IT I&AY CONC~:- This is to certify tha~ the gaid City of Columbia Heights,in the County ~of Anoka, and the state of Minnesota, for value received, hereby guarantees to the holder of this certificate that it will pay upon the surrender of this Certificate to its Treasurer at the office of the City Treasurer, on Nov. 3rd, 1922, the sum of $ ..... dollars,with interest thereon from date hereof until~paid,at the rate of 6%,six percent,per annum. The said City may at its option mske payment on or before m~turity. IN TESTIDIONY WHEREOF, the said City of Columbia Heights has caused this ~~ certificate to be signed by its Mayor,attested by its Clerk,and its Corporate seal affixed hereto, this __._day of ~ __A.D. 1921. ........... -City Clerk., Sec t ion 3. upon its passage. T$is Ordinance shall take effect immediately Passed Nov. 3, 1921 W. C. Gauvitee, Mayor C.K. Bennett, City Clerk. Approved Nov. 3rd, 1921, W. C .__Gauvitte . . .Mayor _ C.K._?_ennett. _ City Clerk. Councilmen Burgoyne moved that we take a vote on the Preambl~ of this Ordinance separately from the Ordinance,sec. by Councilman. ~cKenn~. Roll Call:- ~.. Against approving ~he pream~e, None, To approve the Prea~e, Hayor Gauvitte, Councilmen Burgoyne, Bentzen, Ledwien and McKen~, Ca~ied. Co~cil~n B~goyne th~ moved that the Council a~rove the 0rd~ance separately, sec. by C ouncil~n Ledwien, Roli Call:- ~~~~ Against APproval, N0~, ~n approve ordinance, Mayor Gauvitte, Courior!men Burgoyne,Bentzen, Ledwien ~d McKen~ ~~. The following resolution was then offered by McKen~, sec, by Bentzen, V~ereas,the City of Co~i~ Heights was indebted to the said C. W. Schruth for the laying of water ~ins, and the said C.W. Schruth had refused to accept our Wa~ants in pa~ent for s~e, saying they were illegal, and ~ere~s, afte~ we have had legal advice from our Attorney, an~ find tl~at the said Schruth had the right to refuse pa~entm in Warrants, ~d ~ereas, ~ter due consideration of the ~tter and careful stu~ of the said Emergency 0rdin~ce we find it the only way to ~ pay for the said Water ~ains, Therefore BE IT ~SOL~, t~t we pass, ~nd approve, the Combined Prea~!e and Ordinance above mentioned and that the s~e be registerred in our Ordinance Book as Emergency Ordinance No. 1. on Ro~l Call:- Mayor Gauvitte, Councilmen B~go~e, Bentzen, Ledwten and McKen~ voted yes. Cont~ none, Carried.