Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-08-05

MAYORS OFFICE, Cry HALL,
MEMPHIS, TENN, August 3, 1870.
To the General Councils
We beg leave to report that pursuant to
an order made at the last meeting Of the
General Council, we have closed a con-
tract with the Gayoso Gas Company on
the terms then recommended by the
Council. Said contract was signed In du-
plieate, and one of said duplicates Is here
with exhibited. dated Sd August, 1870.
JOHN JOHNSON, Mayor.
VIM. ii. STEPHENS,
Adopted, and contract concurred in by
Council August 3, 1870. CoDcurred In by
Board of Alderman August 8, 1870.
| Contract. entered into the Sd day of
August, 1870, between the City of Mem
phis of the first part, and the Gayoso
Gas Company of the second part:
First. The said City grants TO said Com
pany the right to lay down and extend
It's gas pipes, conductors and the like,
through all the streets, lanes and alleys
in the city of Memphis, according TO the
grades established, or 10 be established,
by the city; The same to be underline pro-
lection of the laws n ordinances of the
city.
Second. The pipes and conductors are to
be laid down in all cases in such a man
ner as TO produce the least injury to the
/ lnlAhDAtduN6 dIAA ~ ~ WV a. - 61A0CNHs
lanes and alleys. The said pipes and con-
ductors to be kept adapted 10 such grades
as the city may from time to time estab-
lish for its streets, lanes and alleys, so as
to be made to conform to such grades.
Third. In all cases excavations n
bitches made by b Company are TO be
speedily filled by them at their own eX-
pense, in the best and most workmanlike
manner, so as to make a permanent n
secure roadway, and all pavemeuts so
taken up to be speedily relaid by them in
a good and substantial manner at the eX-
pense of the Company, and to be kept in
good order and repair for IN year from
and after the time of relaying, at the cost
and expense Of the Company.
Fourth. The Company to be subject to
all such ordinances and regulations as
may from time TO time be prescribed by
the city for the protection of its streets,
lanes and alleys, and for the health Of its
inhabitants, in regard to the laying of
pines and conductors in the streets, lanes
and alleys of the city.
Fifth. In the event the city should de-
sire at any time to construct sewers or to
law down pipes for furnishing the city or
its inhabitants with water, and it should
become necessary to use any portion of
the space occupied by the gas pipes n
conductors, etc.,the Company shall re-
move such pipes and conductors at their
I ONFh OAtOAASOt az C~J AZ ~ ~
liable to theC Company for any unavoidable
damage that might be done to their pipes,
etc, in the construction OF sewers or lay
ing down water pipes.
Sixth. The failure on the part of said
Company to comply with the terms Of
this contract, to work an immediate for
FIXTURE thereof and of all the privileges
herein granted, and to prevent thefurther
laying down of any pipes or conductors
by the Company or its agents IN any or
the streets, sidewalks, lanes or alleys OF
said city without the express consent of
the city first had and obtained for that
purpose.
Seventh. This contract to be executed
in due form by the contracting parties,
and then to be ratified by the General
/ Council of the city of Memphis, and not
to be binding until so ratified. A certi-
fed copy of the order ratifying the same
to be Endorsed on this contract.
Eighth. Signed in duplicate and exc
cuted on the day and year first aforesaid,
by John Donovan, President, etc, in be-
half of said Company, AND in behalf of the
City by John Johnson, Mayor, and by l..
r. Richards, Register, who has hereto set
the seal of the city:
President Gayoso Gas Company.
Attest: Mayor.
L. R. RICHARDS, City Register.
HlrH MEMPHIS, June 20, tS70.
To the Mayor and General Council OF the
City of Memphis:
There has been referred to me as City
| Attorney, q petition and cou~nter-petltlon
In regard to the improvement Of Poplar
street from the present termination OF the
Nicolson pavement, eastward TO the
boundary of the city. 10 -.
The order of reference makes no .sug-
gestion as to the particular point of in
quiry which is submitted to me; but l
suppos the object is to obtain a report
upon tbs Legality of paving the carriage
way of the street with stone and gravel,
at the expense of the owners of lots 'front.'
ing thereon.
Section so of the new charter, passed
on the LIST of December, 1869, eonfers am
pie authority upon the General Council
to make such improvements whom they
deem it necessary, at the expense Of the
owners of the fronting lots; the work 70
be lone under the control of the city
Engineer by direction of the General
Council, and to be let out to the lowest
and best responsible bidder under such
restrictions and regulations as may be
prescribed by ordinance.
The counter petition presented TO the
| Board, makes the point that such a mode
of payment as that prescribed in the char
ter is unconstitutional; and this Is per
haps the only question of difioultyin the
case.
a large number of suits were brought
in the Chaneery Court of Memphis by I.
K. Brown Il Co.. against property owners,
for payment of the cost of the Aic0ison
payements. In many of the cases, the de-
fendan5s demurred to the bills, n re-
lied in part upon the unconstitutionallty
| of the act of 1865, which is very similar TO
/ the one passed LIST December, 1869. Chan
i Lii VI -. IA Smith nfaallnVan the 0A-
murrers, and the defendants then answer
/ ed the bills, and the causes are still pend
inc. One case however, viz: the d
AGAINST - and in which I suppose the
same question was made, has been recent
| Iv decided in favor OFT. E. Brown u Co.
by special Chancellor upon final hearing,
| and has been taken by the defendants to
the Supreme Court.
These decisions, a. far as they 60, aus
tain the legality of the charter. BUT as
the matter is now before the supreme
Court, L do not think it safe to undertake
to determine in advance so serious 3
question, especially as | was concerned
! for some of the property holders before l
became City Attorney.
Respectfully submitted.
WIN. 81. STEPHENS,
City Attorney,
Upon the petition of J. W. Woltering,
President, ETC., of the Empire
turing Company Of Memphis, in relation
to the best mode of preserving NlcoI-
son pavement from decay, sinking etc,
the Councils Improvement Conlinbpee
report that they have no practical knoWi-
edge on the subject, but are willing 70
consider it favorably. GE Eal4s VI
Report concurred in by Council; re-
ferred to the Mayor snd City Engineer
for Investigation and report by Board OF
Aldermen. { 1El1
Upon the subject of the foregoing petit
ton of j. w. Woltering, President OF the
Empire Manufacturing Company, we re-
commend that the petitioners be permit
ted to test the virtues of their patent for
the preservation of the Nicelson pave
ment, ETC., by applying the material to the
Nlcolson pavement On any street they
may select, for the length OF a square
or less; the work TO be done at the cost of
the petitioners.
III. HUMPHREYS, City Eng'r.
Received and filed.
b ioint special committee 10
whom was referred the petition of the
Memphis and Raleigh Springs railroad,
wouId respectfully report that in their
opinion it would be tust and proper to
grant the privilege to said company to
use Third street from its intersection with
Chelsea street TO Union street, as a street
railroad to be operated by horses, mules
or a dummy engine, upon such conditions
as may be prescribed by the city for the
protection of persons n property as
may be agreed upon by the parties; and
they recommend the passage of the fol-
lowing resolution: That the Mayor, I'M
proyeInent Committee Of the two Boards
and the City Attorney, be authorized TO
make such q contract with the Raleigh
Springs and Memphis railroad as will
confer the privilege to Hss Third street
for the purposes shove mentioned as will
protsct the interests of the citizens and
this corporation in the exercise of said
privileges by the said railroad company.