Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-05-18

| build said building for said sum of SOL
1877; and said Fosters claim to hold said
city of Watervlle to said contract as
modified and amended, and declare that
| they intend to build said city building
according to said alleged contract as
| modified and amended. and TO claim from
said city of Waterville said sum of $751;.
| 49,. which said sum said city of Water
willie has agreed to pay to said Fosters
for the building of said city building.
TX. That said city building, as con-
traoted to he built by said city of Water
vile, Will contain, among other rooms,
large hall to be prepared for use as a
public opera or public amusement hall;
| that said city intends to furnish said
opera or amusement hall with opera
chairs. stage scenery, draperies, car
pets. fresco painting and other equip
ments adapted to halls of public amuse-
ment. and to carry on and operate said
hall as an opera or public amusement
| hail. And your orators aver that such
an appropriation of the public moneys Of
the city of Waterville is illegal and con-
trary to equity and good conscience.
X. Your orators aver that a majority
| of the voters of the city of WaterVille
on the fourth day of May. A. ID. 1897, at
a meeting of the voters of said city of
Watervile. approved of the provisions of
chapter 523 of the Private and Special
Laws of A. ID. 1897. entitled IAN act to
Incorporate the new city hall commits
l
the city hall commission, as provided in
| section Il of said act
| Your orators are informed and believe.
and they therefore aver and charge. that
said act Of the Legislature is in contra
vention of the constitution of the State
of Maine. and cannot confer upon the
| city of W0terville authority to contract
directly or indirectly. any debt or fiabii-
ity which is forbidden by the constitution
of the State of Maine,
| yottr ora torc fI1rt her aver that on
| the fifth day of May A. ID. 1897, the city
| council of said city Of Waterville passed
the following vote:
THAT the city treasurer, F. August
| knauff be hereby authorized and in
structed to convey, for and in behalf OF
| the city of WaterviIle to the city hall
| commission, Il corporation created by an
act of the Legislature of 1897 entitled.
| An act to Incorporate the new city hall
| commission of Waterville under the
name of the city hall commission. the
| city hall building lot in the city or Wat
erville. together with all buildings, adj
| ditions and improvements existing on
said city hall lot. bounded as follows, TO
| wit: Easteriy by Front street; southerly
by the northerly line of the common;
| westerly by land belonging TO the heirs
| or deyisees of Charles b. Gilman, anu
| land of heirs or devisees of Hall {. Bur
| leigh: northerly by a line parallel with
| the southerly side OF the old city nan
and distant therefrom southerly hfteen
| feet together with a right of way, to ne
| used in common with others. over STRIP
| of land ten feet wide and lying next
northeriy Of Inc land To be conveyed ana
| extending the entire length OF the same
| excepting a small piece of land at the
| south-easterly corner of said lot belong
| ing to the Ticonic Aqueduct Company.
| and Il small triangular piece projecting
| into the south line Of said lot belonglng
| to the heirs of devisees of Charles Is. Oil
man; and that he be authorized ana IN
| u sraiI
| the purpose of securing the payment OF
| the bonds and their coupons to be issued
| by said commission under section three
| of said act and to be held in trust Tor
| tbe purposes specified in said act.
| XII That on the fifth day of May, A.
| y. 1897. said city of Waterville. by it's city
| treasurer by virtue of the authoilly OF
| satd vote conveyed said city nan puilu-
| ing lot. together with all buildings, aaal-
| tfons and improvements existing thereon;
| to said city hall commission, ana sald
| city hall commission accepted sald con-
| veyance: and that said conveyance was
| made and accepted. ana was eesisheu
| nv the parties to be in pursuance Oh
| contract hereinafter stated, as intended
and threatened to be made between SAID
city hall commission and SAID rosters,
and between said city of Watervliie ana
| sai1 CITY hall commission. And your
orators are informed and believe,
and they therefore aver ana charge,
that said conveyance of said elty
| hall lot and property by sad CITY OF
| w, terville, to said city hall commission,
| was illegal, and without cohsiueio
| and void
| XIII. That on the fifth day OF May "A:
| ID 1897. the city council of said city OF
| Waterville voted:
THAT the city hall commission, a cor
| ,oration created by an act of the Legis-
Iature of 1897. entitled. An act to incor-
norate the new city hall commission OF
| waferville under the name of the city