HomeMy WebLinkAboutNov 3, 1921 ~$pecial Meeting Held N~v. ~x~l, 1921, at S P.M.
~or the purpose of considering, and if necessary passing, an
Emergency 0rdinan.ce to pay for Water Main Construction.
Roll Call:-, Pres. V[. C. Gauvtt~te, Councilmen G.Burgoyne,A.L.
Benson, MattLedwien and James McKenna allpresnet at the meeting.
The Ordinance was then read by the Clerk, which is as followa:-
~E. RGENCY ORDINANCE, No. 1
AN EME~RGENCY ORDINANCE AUTM~IZING AND DIRECTING THE
ISSUANCE OF CERTIFICATES OF INDEBTEDNESS OF THE CITY OF COLUMBIA
HEIGHTS, IN THE AMOUNT OF $12,~15.25, FOR THE PURPOSE OF SETTLING
AND ~X DISCHAEGING THE LIABILITY OF SAID CITY TO CHABLES W.
SCHRUTH, FOR CONSTRUCTING AND LAYING CERTAIN WATER MAINS IN
THE CITY OF COLUMBIA HEIGHTS.
WHEREAS, a public emergency exists by virtue of which the City
of Columbia Heights in the County of Anoka and 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 Hundred
Sevevteen Doltars and Twenty Eight Cents, ($12,617.28), 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 maims 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 ~orth of-~orty-third
Ave. to Forty-fourth Avenue;
On Main Street Northeast,from Thirty-seventh Ave. to
Fortieth Avenue; ~
On Thirty-seventh Avenue Northeast,from SeCond Street
to Main Street;
On Fortheth Ave. Northeast, 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 om, Oct.
18th, 1921,after modification thereof to allow for rock excavation
under said Con~ra'ct of the value of $A83.00; .and, whereaS, by
~esolution duly adopted at said Council Meeting, said work including
said allowance for rock excavation, has been approved and accepted,the
contractor, Charles W. Schruth, and his bond given as a guarantee for
the perfmrmance of said work, released and discharged from further
liability in that behalf,and said sum of $12,617.28 determined and
settled upon as being the a~ount due to said Schrut~ for such com-
pleted work; and ( Over Page )
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~HEREAS, said Water Mains are now is use by said C~ty, and their
continued use is essential to the public health and safety,and is
a public necessity, but, i~ payment of said claim be not -~de,legal
proceedings may be instituted to enforce payment thereof and to
enjoin the ~w=x~~~=w~m~*w~x further use of said water mains
until such payment be made; and
WHEREAS, said City has no funds in its TreasurY, 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 date of their issuance,
if settlement be made ~without delay;
NOW THEHEFORE THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN:
Section 1. That the Treasurer of said City of C ~lumbia 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 dollax~,
Twenty five, 25, of said Certificates to be in denominations of $500.00
Five Hundred dollars, each, and one, (1) cerificate to ce 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 priv. ilege of payment
on or before their.respective due dates, and to bear i~terest at the
rate of 6%, s~x percent, pe annum; and said Treasurer is fua-~l~e:
authorized and directed promptly upon the proper issuance and
execution of saAd certificates, to pay over and deliver same to said
Charles W. Schruth, in full settlement and discharge of liability
of said City of Columbia Heights to him by reas~on of the completion w,~
of the work of conetructing and installing said water mains, as
hereinbefore described.
Section 2. Said Certificates shall be in the following form:
l~mergency Certificate~ of Indebtedness of the City of
Columbia Heights, Anoka County, Minnesota.
Serial No._..
Amount
TO WHOM IT MAY CONC~I~N:-
This is to certify that~ 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 $ .. _ dolls~s,with interest thereon from date hereof
until.paid,at the rate of 6%,six percent,per annum. The said City may
at its option make payment on or before ~aturity.
IN TESTIMONY WHEREOF, the said City of Columbia Heights has
caused this ~ certificate to be signed by its Mayor,attested
by its Clerk,and its Cox~orate seal affixed hereto, this ~.day of
.... A.D. 1921.
City Clerk.
Mayor
Section 5.
upon its passage.
Approved
T~is 0r~inanc~j shall' t~e effect immediately
Passed l~ov. 3, 1921
W. C. Gauvitee, Mayor
C.K.]~ennett, City Clerk.
Nov. 3rd, 1921,
W~. C~. _Gau_vi_tte ...... _~a_yor
_ C., K,_ ~_enne_tt, . City Clerk.
Councilmen Burgoyne moved that we take a vote on the l~reambl~ of
this Ordinance separately from the Ordinance,sec. by Councilman.
McKenna. ' Roll Call:- L,-,~
Against approving $~he prea~e, None,
To approve the Prea~e, Mayor Gauvitte, Councilmen Burgoyne,
Bentzen, Ledwien and McEenna, Carried.
Councilman Burgoyne then moved that the Council al~Prove the
Ordinance separately, sec. by Councilman Ledwien, Rol 1 Call:-
~m approve ordinance, _Mayor G , Counc][Imen Burgoyne,Bentzen,
Ledwien and McKenna~
The following resolution was then offered by McKenna, sec. by Bentzen,
Whereas,the City of Columbia Heights was indebted to the said
C. W. Bchruth for the laying of water mains, and the said C.W.
Bchruth had refused to accept our Warrants in payment for same,
saying they were illegal, and
~hereas, after we have had legal advice from our Attorney, and
find that' the said Scl~ruth had the right to refuse payments
in Warrants, and
Whereas, after due consideration of the matter and careful study
of the said Emergency Ordinance we find it the only way to
pay for the said Water Mains, Therefore
B~. IT I~ESOLVED, that we pass, and approve, the Combined Preamble
and Ordinance above mentioned and that the same Be registerred in
our Ordinance Book as ]~mergency Ordinance
on Rohl Call:- Mayor Gauvitte, Councilmen Bttrgoyne, Bentzen, Ledwien
and McKenna voted yes. Cent~a~y none, Carried.
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