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HomeMy WebLinkAboutMINUTES-05/11/1914-RegularRecords of the City Council, llth Day of May, 1914. 191 557 Minutes of a regular meeting of the City Council held on the llth day of May A. D. 1914 the following proceedings were had. Present Commissioners Clamme, Armitage and Edwards, City Atty. Frank J. Annis. On motion the matter of narrow sidewalks was left to Commissioner of Public Works With power to act. Moved by commissioner Edwards that the matter of purchasing a Mororcyele for the Police department be left to the Commissioner of Safety with Power to Act, same secondet by Commissioner Armitage, Roll being called resulted as follows. Ayes Commissioners Glarmmer, Arnitage amd Edwards. Nays Commissioners none. The President declared the motic adopted, Moved by commissioner Armitage that the Commissioner of Public Works be authorized to hire a Hydraulic Engineer for some sp^cial work of the pipe line and other water matt same seconded by commissioner Edwards, The roll being called resulted as follows Ayes Commissioners Claimmer, Armitage and Edwards, :rays none, The President declared the motion adopted. Moved by commissioner Edwards that the commissioner of Public Works be instructed to repair the Pump House in furnishing shingles Chimney etc. s;ne se:-Pderl by Commission( Armitage. Roll being called resulted as follows. Ayes Commissioner Clammer, Armitage ant Edwards. Nays none. The president declared the motion adopted. Moved by commissioner Edwards that the commissioner of Public Works be instructed I purchase 1800 feet of cross walk stone. same seconded by oommissioner Armitage. Roll being called resulted as follows. Ayes Commissioners Clammer, Armitage and Edwards, Nays None, The president declared the motion adopted. On motion the following report was ordered placed upon the records. Monthly statement FroCAlfred .lwards City April 30, 1914Treasurer ootolnsColo Account 3848 99 General Fund to prorate 436 52 General Expense 1125 60 Grand Vi ew, Cemetery 300 00 Fort Collins Fireman 1837 73 Salaries 197 00 Sewer and Drain 2168 99 Lights 1234 83 Fire Deaprtment Public Grounds and Buildings 435 1317 00 46 Streets and alleys e99 35 Police 481 25 Public Health 400 00 Public Entertainment 24o o0 Publicity 185 46 Plygrounds Outlet Sewer District # 29 227 573 23 09 Pine Street Sewer 25 50 Tile Fund 1150 44 Special Election 52 85 Scales 4l 156 00 4o Stand Pipe Meter permanent Streets 15108 1500 09 56 Park Interest on Park Bonds 859 8965 56 46 park Bonds Sinking 94 971 o4 16 Sewer #28 # 29 616 87 Sewer # 30 218 28rer Su # 31 381 82 Sewer Library Lots Grand View Cemetery 845 600 70 00 perpetual Care Perpetual Care 873 35 Maintenance prorateto Maintenance Works 6017 5541 26 50 water Salaries and Water W Water 3029 36 Interest on Fund 1st Series -- 700P OGf Sinking Fund 2nd Series BALANCE 6g987 70 Sinking Receipts 52178 47 23089 65 Balance County Treasurer 2222 522 24 40 City Collections 78012 76 Water Rents Disbursements 8025 06 Sundry City Account Banks 69987 78012 70 76 Balance in Balance in Banks National 17526 15490 75 27 poudre Valley 18244 31 First National a Fort Collins N, and Trust 18726 69987 37 70 Records of the City Council, 11 vayof May 1914 191 Interest received Poudre Valley National First National Fort Collins National Commercial Bank and Trust from Banks 29 70 27 86 29 e9 30 20 11765 Respectfully submitted Alfred A. Edwards, City Treasurer. Moved by commissioner Edwards that the report of the Commissioner bf Finance be accepted. Fort Collins, Colo May, llth, 1914 To the Honorable the Commissioners of the City of Fort Collins. Gentlemen I beg to report that I have examined the various bills of indebtedness against the City presented to me and would recommend the payment of the same abd th_,t the City Clerk be instructed to draw warrants in the diffenent funds in payment of the same. Respectfully Yours Alfred A. Library H. G. Dirreks American Ed. Cc Northern Colo. Power Cc H, w. Wilson Co. Wallace Decker Edith Petty Elfreda Stebbins Watson & Kinney Water Works. Gilcrest Lumber Co. Paterson & Cowan Continental Oil Co. Ben F. Champoin H. G. Diercks Wm. Green P. Anderson Western Steel Heagte, Cc Raymond McGinness W. Schueler Fred Collamer V. Apodooa E. C. Dake p. Anderson Mere Co Collins Cash Grocery F. P. Stover Telephone Co Fort Collins Hardware Orin Haldeman Fred Green John Alderton C. E. Honnold Geo Wollner Otto Seheerer Hugh O'Neil Wm. Yoder E. H. Beacham Albert Montgomery J. w. Wade Grouts Auto Livery W. A. Hawthorne P. Learnard Otto Schmohl John Nelson John Cameron W. A. Bryant Review General Chemical Cc Estes Park Transportation Cc Salaries Samuel H. Clammer D. C. Armitage Alfred A. Edwards Ray Baxter Frank J. Annis Perry Learnard Frank P. Goeder H. E. Frey H. C. Lighter M. I. Dodson 5 90 4 00 8 65 3 00 17 75 25 00 75 00 26 17 11 90 2 00 3 75 10 15 1 60 36 00 1 70 2 35 16 25 4 00 12 00 2 50 22 50 3 75 31 45 6 ' 00 13 00 16 15 15 00 6 00 37 00 37 00 22 50 22 00 22 00 22 00 22 00 9 50 20 50 8 00 1 80 27 50 60 00 go 00 90 00 22 00 2 6o 339 00 27 30 58 50 50 00 50 00 112 50 75 00 12 50 140 00 15 00 15 00 125 00 Edwards Commissioner of Finance. t Records of the city council, llth Day of May. 1914 191 559 Wm. Hannawalt Al Tingle J. H. Shaffer Robert Walker John Soderberg W. A. Cunningham L. W. Brainard Jesse Martin R. W. Bradley Terrel Moore Dan Zeller A. E. McRae C. Hunt Forest Hannawslt Telephone Co. Barkley Hardware Cc Moody Warren Roy Ginter Frank Martz J. W. Spencer Ben Champion Chas McKibben Anderson Mere. Co Watson & Kinney W. C. Bally J. F. Clark Frank Neece H. V. Cartwright Dan Zeller L. W. Brainard Jesse Martin W. A. Cunningham Dan Christensen John Soderberg Robert Walker Wm. Thompson John Shaffer Ralph Blachley T. V. Webster A. L. Andrew Taylor and Binford John Sanford J. N. Shoemaker A. E. McRae C. p. Bills Paterson & Cowan W. Schueler W. Schueler Thomas Thomason Brown Thompson A. Montgomery J. W. Wade Robert Walker Russell Scott A. E. McRae Wm Thompson U. G. McRae W. A. Cunningham John Soderberg Chas Oliver Dan Zoller Dan Christensen T. V. V!ebster A. L. Andrew Ralph Blachley John Shaffer H. V. Cartwright Jesse Martin L. Iv. Brainard C. C. Christensen Foudre Valley Elevator Cc Anderson Mere Cc J. H. Buttorf Western Steel Headgate Moore Milling & Ele Cc Ft. Coal Seed & Transfer Cc Forest Lumber Cc Grand View Cemetery Public Grounds Streets Park 75 00 35 00 42 00 4 oo 4 oo 7 20 20 00 24 00 21 00 40 00 12 00 15 00 36 00 42 00 3 00 16 65 20 00 and Buildings 25 00 20 00 30 00 10 00 138 50 2 00 4 oo 6 oo 6 oo 12 00 16 oo 22 00 19 00 69 00 31 20 23 00 21 75 27 00 11 75 10 00 9 75 23 00 89 00 4 oo 2 00 1 50 3 50 44 oo 8 00 65 95 1 30 60 00 60 00 4 oo 4 00 22 00 31 75 39 00 34 oo 24 00 26 4o 25 00 77 00 10 00 26 oo 29 00 10 00 39 50 45 00 16 00 40 00 4o oo 4 oo 2 75 26 20 36 00 12 50 5 95 61 00 10 95 560 Records of the City Council, 11 Day of May 1914 191 General Expense Courier Printing Co. 13 52 J. E. Walker 22 88 Out West Print Cc 23 95 J. W. Spencer 1 25 Lulu Strecker 1 75 B. S. Tedmon 30 00 J. W. Fogg 50 00 F. P. Goeder :5 25 D. C. Ariaitage 43 10 J. P. K llgore 3 84 Fort Collins Abstract Cc 6 60 Millers College Book Store 8 90 W. J. Woods 4 20 Telephone Co. 6 00 Hoeckel Blank Book Cc 8 00 Fort Collins Express 22 60 Permanent Streets Gilcrest Lumber Cc 10 80 L. W. Brainard 79 50 Studebaker Corporation 38 00 J. W. Adamas & Co. 12 00 Moody Waren 87 75 Fire Department Bert Harris 1 50 H. G. Diercks 1 00 C. J. Sperr .50 Paterson & Cowan 4 oo Julius Pearse Co 61 40 Gilcrest Lumber Cc 4 15 Jesse Jobe 2 75 Mrs. Robt. Cameron 4 05 Telephone Co. 3 00 R. C. Cameron 70 00 L. G. Harris 65 o0 Fred Wade 16 66 James Wade 16 50 Dan Christensen 14 50 Fred Garnick 14 50 Martin Peterson 14 50 Police Department A. C. Baker 85 00 Chas Sanders 75 00 A. S. Pindell 75 00 Electric Wiring & Supply Cc 70 Peter Linn 5 00 J. H. Johns 7 50 W. G Sackett 2 00 J. E. Wilson 13 50 W. A. Bryant 4 00 Public Health B. A. Gooding 40 00 Geo. Glover 75 00 f. G. Sackett 12 50 Outlet Sewer Dist # 29 H. R. Havighorst 558 25 Sewers & Darins . W. Wade 13 50 lbert Montgomery 14 00 Lights udre Valley Gas Cc 1 05 rthern Colo Power Cc 691 60 Jefferson Street Improvement District # 1. rt Collins Express 6 lt5 Roll being called resulted as follows Ayes Commissioners Clammer Armiage ,nd Edwards, Nays none. The President declared the motion adopted. Records of the City Council, llth hay of May 1914 191 561 On motion the following report was ordered placed upon the records. To the Honorable City Commissioners sitting in Council Gentlemen: In the case of Gault aginst the City of Fort Collins pending in the Supreme Court on writ, of error from the County Court and opinion was rendered by the Court on May 4th 1914, in which opinion the judgement of the County Court is reversed. I immediatley procured a copy of the opinion and herewith file the same with my report. The charge in this case was a violation of Section 26 of the Ordinance No. 13 passed and adopted in 1905 being an ordinance in relation to Public Health. This ordi- nance was undoubtly based upon the statute relating to local boards of health passed and adopted by the General Assembly in 1893 and is found at page 176 of the session of that year. This statute provides among other things as follows. " Boards of Health in Counties Cities towns and villages are hereby empowered to make such rules and regulations in relation to the care and cleaning privies and orate: closets within such county city' towns or villages as it may deem desirable for the presa,% tion of the health of the inhabitants thereof, or such board may declare such privies or water closets a nuisance, and the abatement thereof be by them ordered and enforced" R. S. 1908 Statutes 5036 section 7 act of 1893 page 378. Prior to the enactment of the Statute of 1907 the authority for Cities of the seoor class to sewer systems is found in the tenth subdivision of Section 6525 Revised Statutes of 1908. " Tenth- To construct and keep in repair culverts, drains, sewers, and cesspools and to regulate their use and all cities and incorporated towns are authorized to assess either in whole or in part except as hereinafter otherwise provided th cost of the construction of sewers and drains upon the lot or lots or lands adjacent to and opposite such improvement in proportion to the frontage of such lot or lots or land abutting upon the street or alley wherein such sewer or drain is to be laid provided, that the cost of such sewer or drain at street intersections or crossing shall be wholly paid for by such city or town and provided further that the benefit to the public generally if any, shall be assessed against such city or town and the balance shall be assessed against the lot or lo,a or lands and the owners thereof according to frontage as aforesaid said benefit to be determined as may be provided by ordinance Session Laws of 1889 Page 452 Statutes 1 Also under subdivision 54 of said statutes 6525. " Fifty fourth- to compel the owner of any grooery, cellar soap of tallow oandlery cannery, stable, pig sty, privy or sewer or other unwholsome or nauseous house or place to cleanse abate or remove, the same and to regulate the location thereof. In the opinion of the Court the act of 1907 relating to powers conferred upon Council in cities of the second class is quoted to Wit4 " Seventh- to establish a system of sewerage and for that pirpose to divide the city into districts and to impose a special assessment or tax to defray the expense of constructing such :ewers upon private property within such district or upon the lot or lots or lands adjacent to or abutting upon the street or alley where said sewer is laid and to compel the owner or owners of any or all buildings located in said district and on blocks abutting on any established sewer to connect with sueg sewer and to prohibit the keeping or maintaining of any vault, closet, privy or cess-pool , within said distrie or within four hundredd feet of any established sewer also to regulate the construction maintenance and use of all vaults, closets, privies and oess-pools, within the City limit and not within said prohibited districts or proximity to an established sewer. 7th subdivision of Statutes 6564 R. S. 1908. Session Laws of 1907 Page 599. The Court then proceeds to state that under this statute four general powers are given. First. To estab ish a sewer system and divide the city into sewer districts. Second, To compel owners of buildings in a sewer district or within four hundreed feet of a sewer to connect with the sewer, Third. To prohibit privies, within a sewer district and Fourt, to regulate with the city limits privies not within a sewer district. The Court takes the view that section 26 of Ordinance 13 is based upon the statute of 1907 and therefor there was no power to compel Gault to connect the water closet with the sewer system under the authority of that statute but as noted above the ordinance in question was passed in 1905 and therefore could not possibly have had under consideration the authority conferred by the statute of 1907, but nust have been based upon the authors conferred by the Health Laws and General Powers conferred upon the city under the previou statute. The Supreme Court has therefore practically declared Section 26 of Ordinance 13 invalid not being within the purview of the power of the city council to adopt under the statute of 1907. In the circumstances it is important that the Court Should be more fully advised respecting the passage of the ordinance and the statutory authority upon which it is based and it mught be advisable to file a petition for rehearing for this purpose. I call your attention to these matters in order that the council may act advisedly specting the question of ordering a petition for rehearing to be filed. Under the rules of court ten days are allowed within which to file a petition but an order may be ob- tainedgranting futher time when necessary. Both the petition and the brief thereon will have to be printed under the rulesof Court* Respectfully submitted. Frank J. Annis City Attorney. Moved by commissioner Edwards that the City Attorney be instructed to apply for a rehear - in the case of Gault vs. City, seconded by commissioner Armitage. The roll being called resulted as follows, Ayes Commissioners Clammer, Armiage and Edwards. Nays none The president declared the motion adopted. Records of the City Council, �xa c: v. xxcwc.. n.-ro. evxvnn. eamv 11th Day of May l914. 191 On motion the City Engineer's report was ordered pl.eed on file. Moved by Commissioner Edwards that the Commissioner of Finance be instructed to purchase a Level for the use of the City Engineer. The roll being called re- sulted a s follows. Ayes Commissioner Clammer. Armitage and Edwards. Nays none the President declared the motion adopted. Whereupon Council adjourned.r�� President Attest:_ City Clerk.