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11-219-43 Special ,2209 COUNCIL CHAloIBER November 29th, 1943 The Council met in specialse8sion at. 7:30 P.M. upon call 0 f the Mayor, with the City Attorney and the fOllowing members present: Mr. Hill, Mr. Jacobs, Mr. Miller, Mr. Mcfee and Mr. Wodischek. The meeting came to order and the Mayor announced it had been called principally for the purpose of appointing an Election Board to serve at the General Election December 7th; also for the transaction of any other bueineM which the Council deemed desirable at that time. Mr. Hill IOOved that the same members constituting the Election Be/ll>rd which served for the Primary Election, November 23rd, be appointed to serve for the General Election December 7th, 1943; also that each member serving on the Board be paid five dollars ($5.00) per day and allowed two (2) meals. Mr. Miller seconded the motion which on roll call carried unanimously. The members appainted on the Election Board were as follows: W.O. Winn - Clerk G.W. Mayberry - B.F. Sundy L.P.. Ranson Inspector Inspector Inspector Dr. C.W. Vogler appeared before the Council and present~ a written .instrument showing ower ship of improved property. He asked the City Attorney if the instrument verified ownership of the property and if it would qualify him to sit as Councilman if elected 110 that office. The C11Iy Attorney replied tha1l 111 showed ownership, however it would n01l qualify him to sit as Councilman as said instrument did not show having been recorded at the County Court House for the period of one year. In view of this fact, -ahe City Attorney said that in hie opinion, Dr. Vogler could not legally sU as Couneilman. Dr. Vogler then stated that under those conditione, he did not choose to run. The matter of placing the candidatee I namee on the ballot for the General Election was thaldiecuseed. Mr. C.W. Hill's qualification of improved property ownership was again questioned. Mayor Jacobs seemed to feel that the majority of the registered voters knew before the Primary Election of the discrepancy in this particular qualification; while Mr. Wod- iecOOk felt that some of the voters were not familiar with the matter. Mr. McFee stated the City Charter provided for the qualification of improved November 29th, 1943 property ownership and inaSllluch as he promised to uphold the City Charter when he took the oath of office, he felt that he should stUl support the provisions of th!! Charter. Upon being questioned as to the proper procedure in the event llr. Hill is disqualified, the City Attorney stated that the Dame of. lIr. John A. Thayer, the opposing candidate of lb.. Hill in Group "C" of the Primary Election, would be placed on the ballot f,at' the ~ral Election. lIr. Wod1sch.k moved that the name of each candidate to be placed on the ballot be voted on separate17. lIr. lIeF.e seconded the mtion and on roll call the vote was as follo1lll1 lIr. Hill not voting, llr. Jacobe yes, JIr. lIiller yes, llr. II oFee yes, lIr. Woci1schek yes. The JllGtion carried. lIr. lIil1er moved that lIr. W.lI. Waters' n&IlI8 be placed on the baUot in Group "A". JIr' lIeP'ee secended thB .tion and on roll.c,all. the vote lll1S as followsl lIr. Hill yes, JIr.,Jacflbs 11's, lIr..lIiller yes, lIr. lIcFee yes, lIr.Wodischek )'8s. lIotio.n carried. lIr.. WcxU..,cllek JllGved that tile names. of JIr. ..A. Jacobs and lIr. J .lI. .$abath be placed on the ballot lnGroup "B" for the General Election. lIr.lIUler secended themtio.n and on roll ull the vote was as follo1lll1 JIr. HUl yell, lIr. Jacflbs yes, lIr. KU1er )'8s, lIr. lIeFee yes, lIr. Wodischek yes. lIotion carried. .1.1,ength7.dlscussion again ensUlld as to'lIr. Hill's quall/ications and. ftnally .lIr. aill .ved that lIr. John A. Thayer'. nllnlEl ~ placed on. the ballot in Clroup "C" for the General Election. lIr. lIoFee secended the motio.n and on roll call th6 'VOte was as foll_.1 .lIr. mil 7es,lIr. Jacflbs yes, lIr. llillel' not voting, lIr. lIeFeeyes,Mr. Wodlschek not voting. The motion was declared carried. JIr.lIll1er and JIr. Wodischek explained they did not vote on the .,tionas th!ly each felt that~tIr. Tha)'8r would not want his name placecl.en the ballot as a result of thed1squalificat1on of lIr. . Hill. . . lIr. Hill th!!n tendered his resignation as Cit7 Council- man for the balance of his term which he is now serving and stated that he wished to do so inasllll1ch as the City Attorney did not think he waeqUl!.l:1fi$d. to sit as Councilman. lIr.lIoF'&e mo~d that JIr. Hill's. resignation not be accepted. JIr. Wodlschek secended the motion and ilIA roll cdl the vote was as foilOWllI lIr. HUl not voting, lIr. Jacobs yes, lIr. lIUler"ye., JIr. lIoFee yes, lIr. Wodi.Chek yes. rllotion carried. a.w 2211 NOvember 29th, 1943 lIr. Hill stated he wished to go on record as stating that he docs not intend to change any deeds which are now in his wife I s name, 'so as to qualify him to hold office on the City Coun- cil; alee, tlJ3 puson who reported that he (JIr. Hill) had made plans with two other men to dereat one certain candidate had told an untruth. The Clerk was instructed to have the ballots printed for the General Election December 7th. A 1etter was read fl'Cllll Gee. S.Brockq;y in regards to securing the. CouncU's approval on a plat or "The lIoorings" located in Blook 127. The plat was recentl7 disapproved by the Council because no easement ..S given for furnishing 'pulUic utili- ties. He explained in his letter. that all utilities c011ld be fllI'- nished f1'Cllll either S.E.. 7th Avenue or S.E. SecUld Avenue (St:reet) and that the owner of the property felt such an ea.sement as re- quested 'II011ld not be necessary. After a short discussion, it _s moved by lIr. wodlllohek that the. plat' be referred to the Fire Chief with the instructions that he aeeerta1si wIIIlther or not 1ll1.ter cllllld be furnished-easil.y to this prOpe'l:'ty in e*,", of fire and make a report to the CouncU at the next meeting, lIr. lIU1er secendad the motion whiehen roll call oarried una_ousl,y. A tax statement Showing taxes due on Let llil, Block 6, Osoeola Park 1ll1.lIi presented by the Clerk. 'l'his had bee){1"eQuested as a res11lt ofllr. Alexander Grenier appearing bef.ore the Council at a previoulI meeting asking for a reduction m the taxes s~ that heoould seoure this lot which adjoins his home and imprevetl'llllltl. It was moved by lIr. lIeFee that the statement showing Seventf DoUars (t70.00) as being due covering back tlpres through the year of 1942 and which is a regular adjusted settlement, remain tha same _ a;l.l..,ing no further adjuetment. llr. Wodischek seoonded the motien an4 on roll call the vote lll1S as follows: ~ Hill yes, lIr. Jaoobs yes, lIr. lIU1er yes, lIr. lIcFee yes, lIr. Wodhchek yes. lIotion oarried. The matter of liquor licenses was brought up as it was stated that the city license is now being charged aocording to the oensus of 1943 which allows seven hundred and tift,- dollars (t75O.00) lioense per :rear. It was reported however, that the Ceun)y charges aocording to the Federal censue of 1940 and it was dedded that the city should also chal'ge on that ,",-iis, thereby making the city license six hundred dollars (t600.00) per year. It was regularl,y moved, seconded and carried that one hundred and fifty dGllars (tl50.'OO)' be refunded on each liquor lioenlle 2212 . November 29th, 1943 which has been procured for the fiscal year of 1943-1944. It was reported that the matter which was discussed previous17 regarding the broken sidewalk just south of the Bus StIltion should be investigated as it is a hazard for pedestrians. It was rec_nded bl the Chairman of the Street Ccaunittee that a load of rock be hauled and placed in the broken 'Botien until negotiations tor further repairs can be made with the nesessary property owners. 'l'btis ree_ndation was approved by the lIIIlJlIbers Gf the CouncU. There being no further business, it 1ll1" regularly moved, seconded and carried that Council adjeurn. * I ~ ~/. j c-tD~-r;: Aoting City Clerk. APPROVED I ~ Jlayor.