Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1908-10-13
+ contract and bond covered

same:
"Inasmuch as the Americas Rail-
way & Light Co., the transferees of
the rights of w A. Dodson, under
what is known as the Dodson con-
tract and franchise, has failed to
build, construct, and complete its pow
er plant, and its electric street railway
and to provide means of supplying gas
for lighting and manufacturing pur-
poses, as provided by the terms of
said "Dodson" contra ct
And inasmuch as that the said
Americas Railway & Light Co., still
claim and declare it to be their pur-
pose to carry out every provision of
said Dodson contract, if further time
is given them in which to finish and
complete its power plant, and to
construct said railway. and to pro-
vide means of supplying gas, and to
do everything which it has assumed
and obligating to do,
And, inasmuch as said Americas
Railway & Light Co. is now asking
for an extension of time, to-wit: To
the 18th day Of April 1909, to com
plete and begin operation of all of
the things called for in said con-
ingnesS and readiness to make and
execute to the Mayor and City Coun-
ell of Americas a bond, in addition to
the bond required by said Dodson
contract, in the sum of Fifteen Thou
sand Dollars, to protect the city
against all damages that it may sus-
tain on account of failure to com
pletely comply with every provision
of said DO6Gnn contract
Therefore, Be 1t Resolved, by the
Mayor and City Council of Ameri-
Gus, that the request for further time
by the Americas Railway and Light
Co., for it to complete its plant, it's
street railway, and to put in opera
ton everything called for by said
Dodson contract, be. and the same
is hereby granted, subject to the
terms and conditions hereinafter
named:
"2nd, That before the above extern
sion of time shall become effective.
the said Americas Railway & Light
Co., shall. on or before the Goth day
of October 1908, file with the Clerk
and Treasurer of the city of Ameri-
Gus, a bond, with good security, paya-
bic to the Mayor and City Council
| of Americas. in the sum of Fifteen
Thousand Dollars, conditioned to
pay to the Mayor and City Council
of Americas, the sum of ($100) One
Hundred Dollars per day, as actual
and liquidated damages for each
day the said Americas Railway &
Light Co., fails and neglects to be-
gin actual work and construction of
the making of surveys for the pro-
| posed route of said Railway and
the bona fde placing of orders for
| curve and special railway appliances
and track to be followed by ship
| ment and erection of the poles. con-
sidered as the commencement of ac-
| tual work in the construction of the
electric street railway, as provided by
said Dodson contract, on and after
the both day of Oct, 1908, as well
as for each day after April 18th. 1909.
that said electric street railway. and
all other duties contracted for and
assumed in said Dodson contract, re-
mains incomplete and not in actual
operation, according to the full mean
ing of said D0dsOn contract Said
sum Of One Hundred Dollars per
| day having been agreed upon
| between the said Americas Railway
| & Light Co., and the Mayor and City
Council of Americas, as the amount of
| damages the latter would sustain
on account of such delay, in begin
| ming and in the completion of the
work under said contract as we'll.
That said bond shall be
| given by said Americas Railway &
| Light Co., in addition to the bond
| required by said Dodson contract, and
| is also given in consideration of the
| of inn al
| and in contemplation OF damages
which the said Mayor and City Coun-
| ell has already sustained and not
| contemplated by the bond already
given, on account of the failure of
said Americas Railway and Light
Co, to comply with its contract as
aforesaid, within the time provided
| thereby
"3rd That the Mayor be, and he
is hereby authorized to make and ex=
| ecute with said Americas Railway &
| Light Co, contract for and in the
name OF the Mayor & City Council of
| Americas to carry out the foregoing
| provisions of this resolution
| 4th. That should said Americas
| Railway & Light Co.. fail to make
| said contract, or after making such
| contract. fail to file bond as herein
provided, then and in that event the
City Attorney is hereby directed to
| file proceedings to annul and cancel
| said contract in its entirety, and to
| take such action on the bond of the
said Americas Railway & Light Co.,
and its surities thereon, as the cir
| cumstances may warrant
| Also, that all further negotiations
with the said Americas Railway &
| Light Co., under caid contract be
| fOrecl0sed and at an end, so far as
the Mayor and City Council of AM
| CIRCUS is concerned"
| Alderman Childers moved the adop-
toin of resolution as read.
Alderman Allen offered following
! amendment
/ Be it Resolved. that before this
| resolution shall take effect. that the
| same shall be ratified by a vote of
| the qualified voters of Americas, I'M
der call of the Mayor and City Coun-
| Gil for an election to be held in ac-
cordance with article Z. section {,
| paragraph / of the Constitution of the
State of Georgia and laws in per-
| suance thereof Motion to adopt the
| amendment lost. Original resolution
| as read was then adopted
Ist quarterly report of Clerk and
Treasurer read and on motion order
ed spread on minutes.
I. \. Hawkes.. Clerk and Treasurer,
In Account with Mayor and City
Council of Americas. for list Quar-
ter, commencing July LIST, 1908. end
ing September Both. 1908.
! DR.
| Balance s5925 90