The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1915-08-06
ORDINANCE NO. 179

FOR The TRANSFER BY IHE
CITY TREASURER OF~THE CITY
OF GLASGOW, MONTANA, OF THE
SUM OF FIFTEEN HUNDRED DOL
$1,5OO.OO TOGETHER WITH
INTEREST AT THE RATE OF SIX
PER CENT PER ANNUM ON FIVE
HUNDRED DOLLARS ($50O.O0) OF
SAID SUM FROM OCTOBER FIRST,
1911, AND INTEREST AT THE
RATE OF SIX PER CENT PER AN
NUN ON ONE THOUSAND DOL
LARS Isl, OOO.OO) OF SAID SUM
FROM THE FIRST DAY OF NO
VEMBER, 1911, FROM THE FUNDS
NOW TO THE CREDIT OF SPE,
CIAL IMPROVEMENT DISTRICT
NUMBER FOUR OF SAID CITY
OF GLASGOW, TO THE GEN
ERAL FUND OF SAID CITY
OF GLASGOW, AND FOR THAT
PURPOSE TO AUTHORIZE AND
EMPOWER THE PROPER CITY OF
FICERS TO DRAW WARRANTS
UPON SAID SPECIAL IMPROVE
MENT FUNDS, PAYABLE TO THE
GENERAL FUND OF SAID CITY
OF GLASGOW;
WHEREAS, The F. c. Austin
Drainage Excavator Company, a cor
poration, on the fifth day of June,
1918, in an action in the District Court
of the Twelfth Judicial District of
the State of Montana, in and for the
County of Valley, wherein said F. c.
Austin Drainage Excavator Company
was plaintiff, and the City of Glas-
gov. a municipal corporation, was de-
PENDANT. recovered a judgment against
the said city of Glasgow for the sum
of Fifteen Hundred Dollars S 1,5O0.),
principal, and Three Hundred Thirteen
Dollars and Twenty-Five cents
~($313.25), interest on said sum-, to-
gether with interest on said sums at
the rate Of eight per cent per annum
from said fifth day of June, 1914, un-
til paid, together with plaintiffs costs
and disbursements incurred in and
by reason of said action.
AND, WHEREAS, the Council of
said City of Glasgow, has determined
not to prosecute an appeal from said
judgment.
AND, WHEREAS, said Judgment is
now a valid and subsisting judgment
against said City of Glasgow.
AND, WHEREAS, the time for fill
ing a transcript of said appeal on said
judgment has heretofore expired.
AND, WHEREAS, it is deemed ad-
visable by the city council of the city
of Glasgow, and for the best interest
of said city, to pay said judgment and
secure a satisfaction thereof,
AND. WHEREAS, the Court in said
action made the following findings of
fact, and conclusions of law, to-wit:
FINDINGS OF FACT
Herein the court upon the evidence
adduced and admissions in the plead
ings makes the following findings of
fact:
That since on or about the first
day of July, 1911, the plaintiff has
been at all times and still is a corpor-
alton, organized under the laws of
the State of Illinois.
II.
That since on or about the 25th day
of April, 1911, the defendant has been
and still is a municipal corporation,
having all the powers, privileges and
duties of a municipal corporation, or
ganized under the laws of the State
of Montana.
That the defendant succeeded to all
the rights, duties, obligations and IL
abilities of the Town of Glasgow,
which was a municipal corporation
from June, 1902, to the 25th day of
April, 1911.
w.
That on or about the 22nd day of
March, 1911, the town council of the
Town of Glasgow, by a resolution duly
and regularly adopted and approved,
created special improvement district
No. 4 in said town for sewer purposes
and authorized the issuance of special
district warrants Of said district.
That on the 21st day of April, 1911,
the Town of Glasgow, entered into a
contract with one ]. S. Penson, to con-
struct a sewer in said special i'm
provement district No. 4, under the
terms of which contract it was agreed
that said Penson would accept in pay
ment for said work warrants of spe-
cial improvement district No. 4.
vi.
That said contract became obliga-
tory upon the defendant, City of Glas-
gov, when it became a city on or about
the 25th day of April, 1911, and that
said defendant thereafter assumed to
carry out the terms and conditions
of said contract.
VII.
That prior to the 18th day of July
1911, said Penson had partly con-
structed the sewer in said special i'm
provement district and on the said
18th day of July, 1911, was engaged
in the construction of said sewer in
said district.
That said Penson continued there
after in the work of constructing said
sewer until on or about the 9th day
of November, 1911.
TX
That on or about the 18th day of
July, 1911, said J. S. Penson executed
and delivered to the plaintiff an as
signment of twenty-five hundred
(2500) dollars of special Improvement
district sewer Warrants. IN he issued