The Columbus dispatch. (Columbus, Miss.) 19??-1922, 1921-06-05
Y. Banks.
(Signed,)
M. c. VANDIVER,
Marshall
Y. Bank.

n AiOudSSu ny OOuHNlliHdH OltVenS ant
! duly seconded by Councilman Chap
!, pelle, who moved it's adoption:
'That the City purchase the type
75-750 gallon triple Combination Fire
Engine and other equipment as per-
. specifications of the American La
France Fire Engine Company The
consideration being $11, 10000.
"The Mayor and Councilman Stew
ems were appointed to check over the
specifications and the Mayor author
lied to sign contract covering the pur-
chase. The motion was adopted up
on the following vote:
yeas, Stevens, Chappele, Love and
Nash.
mays, Vaughan.
absent, Banks.
"On motion the Council stood ad-
journed"
In pursuance Of the authority claim
ed to have been conferred on him by |
the above order of the Mayor and
City Council, McClanahan, the Mayor,
on the same day said special meeting /
was held entered into the contract in
volved in this case, by the terms of |:
which the City of Columbus purchas-
ed the fire engine described in said
order, for which it agreed to pay the
sum of 81 10000 of which $2,875.00
was to be paid cash within ten days :
after delivery and acceptance of the I:
engine, and negotiable notes or war /:
rants for the remainder to be made
payable as follows: "three e9ua! an :
nual notes payable one, two, and three I
years respectively, said notes or war :
rants to have written or same the
lates on which they are to be paid, :
md also that they bear interest at the :
,ate of six percent per annur from :
late Of issue until paid
The contract contained several 9TH :
n important provisions, among them :
ire certain guarantees; and specifies :
hat shipment should be made within :
20 working days after receipt and :
approval of the contract, cor as soon :
hereafter as is consistent with good :
and proper painting, :
ubject to any delays resulting from :
ny cause beyond the control of the 3
=
It is provided further in the con- 8
'act that the Company selling this =
re engine shall remain the owner =
lereof until the same is fully paid for =
nd the purchaser shall not cucumber =
lie same. There are several other =
nportant and substantial stipula- =
ons in the contract. =
Only few days after this contract 3
as entered into the City Attorney I'll
therein the provision for -
terest on the deferred payment Of ho
e purchase price, and concerning
at this was violative of Section 2,
1apter 209, Laws of 1918, he there is
,on without any meeting of the the
ayor and City Council authorizing an,
simply scratched out this provis- ed
\ in the contract. it
Later on by correspondence with Ian'
e American La France Fire En- act
ne Company, the seller of this en- pas
ne. it was AGREED between the Com
ny and the City Attorney that no an
crest should be charged. The May fer
and City Council, however, never of
tered any order on their minutes Of
her authorizing or ratifying this chi
ange i'm the contract vid
II is contended on behalf of the APP mo
liant that the contract for the pur- 60
ase of the engine is void because
special meeting at which it was at ~,
npted to be authorized was UNI ~.
thorized and illegal no,
Section 1888, Code Of 1906 Section n
Is. Hemingway's Code, which by oo,,
,tion 3441, Code Of 1906, Section -,
n, Hemingway's Code, applies to :.
municipalities whether under the ',''S
he chapter or special charter, pro- a.
es as follows: M,
The mayor or any two alderman "
Y. by written notice, call a special ~"
citing Of the mayor and board of
ermen for the transaction Of inn 'i'a'
tant business. The notice must up'
te the time Of meeting and dis oy
,tly specify the subject-matter Of ooa'
.iness 10 be acted upon; IL must 'o''
signed by the officers calling the VI
etng. and must be served by the y
rshal, or any policeman. on the ing
mbers Of the board including the 1t "
yor, who have signed it, and who u
be found personally, at least IN
&c hours before the time fixed for and
meeting: said notice, with the in 10.
sement Of its service. shall be en- Il
I'd, on the minutes Of the special cont
sting. and business not specified is v