The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-01-09
COUNCIL
RESCINDS
ACTION
MEETING HELD TO RE
CONSIDER AGREEMENT ENTERED
INTO WITH SOUTH PENN OIL co.
ACTION WAS PREMATURE, coUN-
Gle HAVING NOT PASSED An Or
DER TO CONSTRUCT DAM.

DER 10 CONSTRUCT DAM.
BY. Unanimous Vote Of Council Action
Accepting and Entering Into An
Agreement is Rescinded and Matt tr
is Left Open With the City Attornsy.
A special meeting of the city council
was held at 500 o'clock Saturday nigSf
vita the mayor, city clerk and caun
cilmen AIcAnirew, Kearns, Anderson.
Ernst, Cork, Hart and Law present
The mayor announced that al tbs ~
quest of some Of the members Of tba
council ne mad called the special session
to take further action on The matter,
between the South Penn Oil Company
and the city relative to the .watr
question.
Councilman Hart then moved that ow-
ing to the fact that tine council mad not
passed an order to the effect that tae
city would build dam across tae West
Fork river that the action Of the, conn
Ell tie previous night in entering into
ine following agreement be rescinded
such action being premature, and tnat
the question be left open for the city
attorney TO negotiate further ADJUST
ment of the differences. said adjust
ment to be submitted to the city eoga
teil for consideration:
Tnis asreehent made bysand between
ThS City u clarlssburg, West Virginia.
party Of the first part. and South Penn
Oil Company, Pennsylvania corpors
tion, party Of the second part.
Witnessetn, Whereas differences have
existed between tne parties hereto rs -
the use Of water from the wsst Fore
branch of the Mononganela river, above
the City Of Clarkshnrg, and II. IS ,he
desire OF both parties TO settle aud ais
| Just all such differences:
Now. therefore, for the settlement Of
said disputes and iii consideration of
the premises as well as the sum of
100000 10 be paid BY the party Of ti,r
ecOnd part, 100000 on the execution
Of this agreement, receipt whereof Ii
hereby acknowledged, ,tbe remainder on
II completion of the proposed dam to
be constructed by the City of Clark I
burg, at the pumping station Of kas -cif,.
II clarksburg. v.aish payment Is intend
ID to BE- contribution toward the cost
Of building said dam; the party Of tne
irst part hereby grants 10 she party
Of the second part the rigat @ pnnip
Hands take water for its own use at any
point on tde West Fork branch 8 Is.
Monongahela river AZ, %, afrf sail
dam at any.srnd all ilses
| Itais fdrtner. agreed and unders,ool 1
by Inc parties hereto that at tiviS<
when the water supply is such res
yateEsioes not flow over the dam Z
through the gate or gates Of saia dni.l, !,
sae quantity to be taken BY tis sceoTd
toarty at the dam snall Be limited t.
iuch amount rs may be ,falsep ilsouea i
six inch main,
Witness the following signatures aa1
Gals hereto affixed. The City Of clarls.-
'urg by its Mayor. and the south PM
lilrcompany, by its yice-presidsni, tais
tn day Of January. A. D. 1905.
City Attorney Grille made short ad-
Iress, in which he advised the council
ltnat action in resembling the scsioh of
ne previous session in entering into
the agTe 'ment would be well taken.
Upon invitation Attorney NJ. G. srr.
Try, as a citizen, briefly addr, ssed tbs
council. pointing out the aisisabiIity
I resembling the matter and making
iurther negotiation and investigation.
/ Taa motion to rescind was then pus
md il carried unanimously.
The council at the previous s,ssicn
iaving passed an order allowing In. city
ittorney fes Of $3.50 in the matter 2.
notion carried That that be revoked and
that he Be allowed his actual expenses
% far amounting of $500. with II, M.
iersianding that tae matter Of r., i.
,ijustad later
Tns council then adjourned.