Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1885-08-15
Council Proceedings.

lians had paid his license, which had beef
ordered refunded, and moved that a warrah
be issued to him for the amount. carried.
MIR. Taubman moved to abate the ferr!
license, as he understood there was doubt o.
its having been legally done at the last meet
ing. The ordinance giving the council the
power to abate was not published till to-day
and we could not abate. Messrs. Ninsol
and Simmons thought the abatement hat
been properly made. Mr.. Homer wanted to bt
sure, and to abate it again would do no harm
The mayor ruled the motion out OF order ,anc
that there was nothing before the house.
Mr.. Homer presented claim of b: L. John
for SO for damages to awning while putting
that amount from the pay of Mr.. Lyon. who
negligently removed the curb. Mr.. Wlnsol
thought the city not liable, and that 1t had
no right 10 make Mr.. Lyons pay. 1t. MIR
Taubman thought the city responsible to the
property owners, and the contractor resp9n,
the bill be allowed. Ayes: Howell, Homer
Gavin, Summons and Williams. Nays, Taub'
man and Winsor. Absent, Russell.
Mr.. Homer moved that the register retain
80 out of the next bill due to MIR. Lyons.
Ayes, Howell, Homer and Iaubman. Nays
Gavin, Simmons, Williams and Winsor.
Absent, Russell. Lost.
Bill of 81 to A. Fehrer, hauling, allowed:
Mr.. Howell, of the improvement commit
tee, submitted the following report, which
w rs ItctlNeu duu uicus
LEXINGTON, Mo-, August ID, 1885.
To the Honorable Mayor and Council OF
the City OF NEUTRALITY-SUSPICIOUS. we,
your COMMITTEES, beg leave to make the follow
ing report: That the alley in block 81, be-
tween franklin and South street, is impass-
able and your committee would request that
something be done Immediately to prevent
any further washing, and that the sum OF
1925 be apprOpi lated for the repair of the
same. And also that rock gutter be put
/ damn on South Straaf in front Of block XII. if
we have money to do it, and as we have rec
commended in former reports, also that 3OO
feet of gutter be put on Eleventh street,
which is washing away at a fearful rate, and
nothing short of putting some guttering along
the said street will keep it from washing
away, aud the wooden culvert on Ridgeway
street, at Second Ward school house, needs
| repairing and possibly Il new one. All of
which is respectfully submitted.
MICHAEL HOLwELL, Chm'n.
TENNIS GAVIN.
Mr.. Homer said the city spent SO or 800
a year on Eleventh street, and moved that
the register advertise for bids to put down
300 feet of gutter. Mr.. Winsor said the street
is not on grade. Grade it and put gutter on
| west side. Mr.. WinsOr offered y resolution
that the engineer grade Eleventh street from
Main to Howard, and advertise for bids to
| put down gutter. After much discussion it
was moved and carried that the register ad-
vertise for bids to put a gutter 800 or 400
Ieet long on Eleventh street..
Mr.. Williams presented a petition asking
that the gutter be fixed on Seventh street and
the street raised so as to throw the water
into the gutter, and moved that the petition
be received and filed and the prayer granted.
Mr.. Taubman moved to refer to the improve
ment committee. Mr.. Williams said Si5 or
$50 would do the work. Mr.. Taubman and
Mr.. Homer were willing 10 appropriate that
amount. Mr.. Benedict said he could not do
the work for less than $40. Mr.. WinsOr
was opposed to putting dirt on the streets to
be washed away the first rain. The motion
to refer to the improvement committee was
carried.
Mr.. Williams moved that 500 be %appropria-
ted for dirt work on Plum street. Carried.
Mr.. Williams moved that the register be
instructed to draw a warrant to pay Mr.. Jno.
T.. Lyons tor macadam on Third street as
soon as the engineer reports the work as
finished. Mr.. Homer said the city had a
regular time to pay bills. Let the improve
ment committee examine the work and re-
port to the council. Mr.. Williams said the work
not wait till the middle of September for
bis money. Mr.. Homer said they had just
as well let all contractors check on them for
money when they pleased. Mr.. Taubman
said the council had no right to allow bills in
such a manner. Mr.. Howell wanted the
lahore rs to get their money. The contractor
has to pay them out of the money he gets
from The city. They have waited a month,
and if this motion is lost will have to walt
another month, and all of them are in debt.
Mr.. Gavin said he had examined the work,
and it was good rock, we'll put down.. The
mayor ruled that there was nothing before
the house.
Mr.. Simmons moved that the engineer be
Instructed 10 repair u hole in Twenty Fourth
street. near the depot. Carried.
crossing on The stone wall on Franklin street
Mr.. Benedict said that nothing Was being done
neer be Instructed 10 get material and hire labor
and Tx the wall. The mayor ruled that nOtllng
was befOie the house.
Mr.. Williams said that there was IL lot OF
curling on Water street tn 1t was doing no good,
and moved that the engineer be instructed to
get this curb Wheel needed elsewhere. Carried
Mr.. Tauhman reported that The alley back of
Quandt's shop was in Il bad Tx. One-half the
width has been macadimized, and the other
half Is washed two or three ieet below the rock
he wanted the place fixed, and the Improvement
says $l25 will do 1t MIR Williams
moved that 1925 be appropriated Tor that pur-
pDse. and the work done at once. Mr.. Winsor
W Lnted to advertise for bids. MIR. Williams
sa d this would throw the work into next winter.
and withdrew his motion. Mr.. Homer object
ell to appropriating 1928, and wanted 1t fixed
temporarily. Next year we can do it right. Mr..
Williams again moved to appropriate SIPS, and
that the work be done forth with under the engi-
neer and improvement Mr. WinsOr
moved to advertise by handbriis for bids.
Carried
Mr.. Williams wanted TO know why culvert on
ANAhtu SblCCt u uol uCCh hAt II
reported that he could not get oak lumber.
AIR. Homer wanted to know If another year
w was E TO- Ue Passed pa ana nothing done 70 me hs wal
tn0rUughlare in the city Is fenced up Mr..
Benedict reported thar he had tod AIR. Lyons
that the little, blue, rotten rock In he old wall
could not lie IL ed In the new enc. and Mr..
Lyon said Ii he could not use the old rock he
could not do the work. Mr.. Lyons stated that
he had begun work oil the wall, but was notified
to not use certain rock, and that he could not
carry out the contract nu iess the city would pay
him for the extra rock he would have to use.
Mr.. Homer mOye ell to release Mr.. Lyons from
tile contract. Mr.. Taubman objected He said
IL a man hnds he Can not make as much as he
expected he ought not TO be allowed to throw
up the contract. Wnat is II b md for, If not 10
make men stand by their Contracts? Mr. Homer
thought II best to let Mr. l.. ons go, and to have
word had been changed in the contract after il
Was signed, and that the attorney says ti:at
this annuls the %contra;t Mr. Lyons eaid Mr.
the city. Mr.. Taubman said he had heard that
AIR. Lyons mad threatened TO sue the city OIL thu
contract, and If this is the case he wanted 10
hold MIR. Lyons to his contract. His bOnd is
good. lfhe bond and contract were produced
and discussed at length
Mr.. Williams moved that the city marshal be
instructed 10 serve notice on The city attorney at
all meetings III the city councii. AMI have him
present. Carried
Mr.. Wlnsor said The wall VIE let to Mr.: |
Lyons at " So per perch. A he has thrown up
the contract, we ought 10 re-let tn. work to the
next lowest bidder John Mlliga1 bal TO -
pei p-fCA. IL lie can not Lake Tue work, 'et Us
give 1t To kicharh' avundugh al s3 ~ per pafeh.
which was his bid. Mr.. Homer ii jec.ctl IL
thou:ht the best cheapest and quickest wuy 10
TO order the engineer To 10 the work MIR. Hi
well said Mr.. Wins)r's plan would not get rid
OF The old fuss about using I'd rock The engi-
neer can use good material AMI throw OUT the
Oad. MIR. IauDman thought II about time 10 call
II halt IN expenditures. We don't know hos
much We have To Ga on. AMI II We keep letting
contracts The first tnlng We know we Will be IN
the county jail. where We ought 10 be. 1t We
have no money We must hold up Ga our con
tracts Let US take time 10 see II We have money
the engineer hire labor and go to work on
the wall. Mr.. Taubmin InO,e 1 that the whole
matter be lad on the table. Carried.
Mr.. Homer moved that the gutter on Zine street
be liked Carried
Mr.. Holwell SAID that as the street car COM
pany had not complied with thei contract, there
was now no contract between the c0mpany and
The city. yet the city Is Liable Tor damages caused
by the company. AIR. Tautmin move to refer
IN. ma Ter to the city attorn ". Carried.
MIR. :auL nan said there was Il suit against The
city by w. 81. Tnubman lie was an interest
ed party, and it was The duty OF The council to
the actisn Of tue council. and hoped he would be
excused from taking part in he action
MIR. Williams said 4 cOlOrei man named Isaac
Gibson lad been find IS ard cost, for doing
license on the 18th Of July. and no suit could be
Drought Tor 30 days, and moved that the fine be
REMIT {. NJ. Vaubman sIli the marshal, at
tOrney and recorder go tn, II fees. aud if they
We're not eHtl ell 10 them t.ey ought u he paid
BACK. The city ought not to pay back " hat it
mad never got. If The Ofic' Is have collected IL
legal lees they will return th.in If they are
worthy OF the OH ;es they hold II the :: urc.l
ohirtrs a chance to explain the nader, II VII b"
q ftnv ciIOn on them. IL will Look to The rubic
Ike Il souIe hat been committed. Mr.. Homer
endorsed Mr.. Tau mans position. No officer
VIII hold on tn an lllnJal fe MIR Williams