Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1886-02-27
COUNCIL PROCEEDINGS.

UUUNUlL PkOUEEDlNGS.
CITY HALL, February 10, 1856.
Council met in called meeting. Pres
ent His Honor the Mayor, Councilmen
Gavin, Howell, Homer, Russell,
Simmons, Taubman, Williams, WiDsOr.
Marshal Owens; Register Wallace.
Mr.. Russell explained the object of
the meeting to be to hear the report of
the committee to which was referred
the communication from the Water
Company, as fOllows:-
The Lexington Water company is de-
slrous of strictly complying with its
contract III every particular; aud rec
Ognizing the fact that it is best for the
interest OF the city, as well as the COM
pany, that In case of differences
all proper efforts should be used by
both parties, in good faith, to amicably
adjust the same-with that view, and
since the council has expressed dissat-
isfaction with the works in some re-
spects, as now completed, the Lexing-
ton Water Company would respectful
ly request the council to state how,
and in what respects, in the judgment
of the council, the works are now COM
pleted in accordance with the require
ments of the contract. When this is
done the company will impartially ex-
anime into such grounds of complaint
OIL the part of the council; and if, on
such examination, there is any just
ground OF objection the same shall be
promptly adjusted. The company, by
this offer, does not concede the exis-
tence of any defects, or waive any Of
its rights, but makes this proposition
in good faith, in order that if any com.
plants are well-fOunded they may be
corrected and remedied, amicably and
satisfactorily. j. D. SHEwALTER,
Attorney for Company.
Mr.. Taubman from the special COM
mittee read its report which was in the
following words:-
TO the Honorable Mayor and Council
of the City of LeXingtOn:-Thes special
committee to whom was referred the
notice served upon the council by the
water company, asking the council to
specify the particulars IN which said
company has failed TO comply with its
contract submit the following report
thereon:
The city council by resolution of
date December 20, 1885, declared the
contract between the city of Lexing-
ton and the Lexington Water Company
forfeited by reason of the failure of the
said company to comply with its terms
and conditions, and the said contract
being, in our opinion, 10 longer in ex-
istence, we believe it would be un-
wise, in answer to said request of the
water company to specify the particu
lars in which said company has failed
to comply with said contract in order
that said company may remedy the
said defects as contemplated by said
request, for the reason that such an
answer might be construed to be con-
ditional waiver of the said forfeiture
upon said defects being remedied. We
therefore recommend that the council
do not make such specifications as re-
quested. The notice by the company.
referred to this committee, calls for and
requires no answer or action by the
council other than has been taken.
In view of the differences between
the City Of Lexington and the Lex
ington Water Company, your COM
mittee would report as follows: We
believe that there is now no contract
between said parties. We believe that
the citizens of Lexington and the coun-
| Gil which represents them are decided
ly in favor OF maintaining a good and
| efficient system of waterwOrks As
the facts have been developed we be-
| lieve that the old contract was burden
| some and unfair toward the city,
served to the city the right to operate
| nd Unplyc IN, tl,n Df 20.
to do so by the water company, coupled
with the obligation upon the city to pay
interest upon bonds issued by the COM
pany. We believe that it is the desire of
our people and the city council to treat
the Lexington Water Company fairly
and literally, but we believe that the
council would be derelct in its duty to
the people if it should ever voluntarily
allow the city to become again bound
in said unequal contract. We believe
it to be for the best interest of all the
parties concerned that modification
of the old contract, if possible, should
be made, or that new contract should
be entered into with said company, so
that the city should be relieved from
said burdens, and only be required to
pay for benefits received, and as re-
ceived; and as step toward that end
we recommend the passage of the fol-
lowing resolution:
Resolved, That the mayor appoint
members of the city council to whom
shall be added the attorneys for the
city, which body so composed shall
constitute committee to meet, confer
and counsel with the water company,
or agents, or committee appointed by
said company, with the view of arrang-
ing terms of settlement of the differences
now existing between the city and the
Lexington Water Company, upon any
basis that will require the city to pay
for the water furnished, only when
furnished, at the same price mentioned
in the old contract land shall relieve the
city from danger of becoming liable to
pay any sum to the water company OF
any other person in the event of fail
ure by the company to supply the city
with water as may be agreed. All OF
which is respectfully submitted.
| JOHN TAUBMAN,
| CHAs f. HOMER,
DENNIS GAVIN,
| ROBT. A. HICKLIN,
WILLIAM YoUNa,
! Committee.
Mr.. Russell moved that the report he
received, spread upon the minutes and
adopted.
Mr.. Winsor discussed the terms OF
the ordinance. He took the position
that TO amend the contract the amend
ments would have to be submitted to
a vote of the people.
Mr.. Russelrs motion carried bv a
viva voce vote.
Mr.. Williams moved to called up or.
dinance regulating fees and salaries
carried.
! The ordinance was then put upon its