The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1911-10-20

the council exercised that legal power
in face of general opposition from tax
payers =,
Alderman Walton brought up the
lighting contract by stating that e
court had dissolved the injunction, and
the council should now take up the
matter of signing the contract. II
Alderman Usina wanted to know ii
the council had been officially notified
f4Ae courts decision.
Mr.. Walton replied that he was mott
fled by the Judge; that there was rul-
ing on that queftion and that as matter
OF fact the injunction had been dissolved.
Mr.. Usna asked if the council should
not be notified by the clerk OF the court
Mr.. Walton replied that it was not
necessary; that the judge had notified
the city attorney and that it was his duty
to notify the council y,
CITY Clerk TRAY stated h t Mr..
Odom, the city attorney, had given him
a telegram from Mr.. Hilburn TO read.
[Mr. Hilburn had left the city for Tai
lahassee on the early morning train for
the purpose of getting SupercedeaS
from the Supreme Court, but railroad
wreck had prevented him from reaching
his destination in time.l His telegram
addressed TO P. H. Odom, attorney tor
Hammatt, asked that the council delay
action.
Alderman Coughlin moved that the
request of Mr. Hilburn be denied and
that the president and clerk OF the coun'
Gil be authorized TO sign contract with
Hammatt and associates
Alderman Usina asked If Hammatt
and associates had complied with the
terms of the contract.
The city attorney was not in council
room and il was decided to wait until
he came in before taking any further
action in the matter.
When City Attorney Odom came in
he stated that the injunction was dis
solved last Saturday and MIR. Hllburn
went up to Tallahassee TO make arrange
ments to appeal the case and get what
we call a supercedeaS. My attention
was called to the fact that contract Tor
accepting franchise by Mr.. Hammatt
would run out tomorrow night and was
asked to prepare contract for city coun-
Gil. AS the matter now stands there is
no Injunction against the city at all and
il would have right TO go ahead and
sign up the contract
Motion was made that contract be
read, which was done.
MI. Calhoun stated that the bid for light
ing the city was put in by. "C. >. Ham
matt and associates and motion was
made by MIR. Walton that contract ior
lighting the streets be awarded TO Z. ).
Hammatt and associates; that this con
tract is between the City OF Palatka, a
municipal corporation, ETC., party OF the
first part, and c. S. Hammatt of Duval
County Fla party of the second part
Nv contention is that you are entering
inio contract with an individual, while
the bid was made by several individuals
A motion was made and seconded, anc
passed by a majority of the council, and
contract awarded TO Hammatt and aSSo
ciates. | do not understand how coun
Gil can enter into contract other THAI
one awarded and of record on The min
ute book.
Aid. Coughlin stated that Mr.. Calhoun
was making a whole lot OF unnecessary
noise, 81 think we have given
much time 10 attorneys in this matter,
said he and 81 move that the contrac
be accepted and that the president ant
clerk be instructed 10 sign same.
The city attorney stated that he hat
8 gone over the contract carefully ant
= that il embodied everything in the ad
u yertisement and everything in the reSo
t. Iutions, and that he did not think any
thing could be added to the contract
:, Mr.. Holden asked about he "asso
+, ciates."
- The city attorney then stated that IN
= "asSOciateS" were o t named. w
know who the associates are becauS
y these names have been furnished
q members of the city council, and whe
n we get ready to sign up contract powe
!. Of attorney from Mr. Hammatt will b
al submitted asking that contract be mad
2 to him individually. You have pc
feet right TO execute the contract.
m MIR. Calhoun then asked: "Mr. OdoT
W under the contract entered into betwee
E. the City of Palatka and {. ). HANNA
E. as an individual, does that bind these a
sociateS?"
8 MIR, Odom stated the contract was b
N tween the City and Hammatt individ
Of ally.
m Alderman Coughlin's motion was Sc
onded by MIR. Howell.
D Alderman Walton offered The tolloN
g ing amendment:
., "That the president and clerk of ci
ID council be authorized TO directly al
Io Immediately sign this contract with
6 Hammatt upon the filing OF boz
y by c. S. Hammatt and the acceptan,
u, by c, S. Hammatt of the franchi
IN granted by the city to c. S. Hamm'
,s and associates"
" President Gay stated that he was
10 satisfied in his own mind; that City I
hu torney had not taken the time that
Ut ought TO have taken TO draw up the &C
We tract and before he signed il he woC
ln have TO have legal advice. He stat
ia' that he did not wish TO show disresp'
TO the council but he wanted TO cons
he or the matter before he took defin
OF action in signing the contract, \
IRE Odom stated that he thoughiit il cmbod
i've all the provisions that the IeSoluti
called for