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HomeMy WebLinkAboutOrd1931-115 r I ~ ORDtNANCE NO. / /.s AN ORDINANCE PROVIDING FOR THE LEASING TO THE WOMAN'S HOME MISSIONARY SOCIETY OF THE METHODIST EPISCOPAL CHURCH OF LOTS 4, 5, e,' 7, 34, 35, 36 and 37 IN BLOCK TWELVE OF THE ORIGINAL TOWNSITE OF THE CITY OF SEWARD, ALASKA, AND THE BUILDING AND IMPROVEMENTS TH!REON AND CERTAIN PERSONAL PROPERTY IN AND ON SAID PREMISES, FOR HOSPITAL PURPOSES, AND PROVIDING FOR A SPECUL ELECTION AT WHICH SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF SEWARD THE QUESTION OF THE RATIFICATION OF THIS ORDINANCE. Whereas, that certain real property comprising Lots 4, 5, 6, 7, 34, 35, 36 and 3' in Block Twelve of the original townsite of the city of Seward, Alaska, together with the building and improvements thereon, waB, prior to the year 1929, devoted to the pUblic use of the city of Seward, to-wit, to use as a public school building and grounds; and, a new public school building for said city having been constructed and placed in use in the year 1929, at which time said former schOOl butlding and grounds were abandoned as such and remained unused for municipal purposes or for any purpose whatsoever until 1930, when the same were made suitable for use as a hospital; and Whereas, thereafter and to the date hereof a general hospital has been maintained and conducted on said premises by and through the aid and cooperation of the Woman's Rome Missionary Society of the Methodist Episcopal Church, the city of Seward furnishing for said hospital certain items of personal property hereinafter more particularly mentioned and described; and Whereas, it is the judgment of the Common Council that said real property shall no longer be required for use as a public school building and grounds, or for other municipal purposes; and that said items of personal property were furnished by said city for the sole use of said hospital and will no longer be required for municipal purposes; now, therefore, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SEWARD: Section 1. That said real and personal property be leased to the Woman's Home Missionary Society of the Methodist Episcopal Church upon the terms and conditions hereinafter set forth; and that the Mayor and 1~icipal Clerk be authorized to make, execute and deliver, in the corporate name of the city of Seward, and affix the seal of said city thereto, a lease of said real and personal property to said Woman's Home Missionary Society of the Methodist Episcopal Church which shall be in words and figures as follows: "LEASE THIS LEASE, Made between the TOWN OF SEWARD, in the Third Judicial Division, Territory of Alaska, a municipal corporation, party of the first part, hereinafter called the Lessor, and the WOMAN'S HOME MISSIONARY SOCIETY OF THE METHODIST EPISCOPAL CHURCH, a corporation, organized and existing under the laws of the State of Ohio, party of the second part, hereinafter called the Lessee, WIT N E SSE T R: FIRST: That the Lessor, for and in consideration of the covenants and agreements of the Lessee hereinafter set forth, has demised and leased to the Lessee the following described real and personal property, to-wi t: -1- r- Lots numbered 4,5,6,7, 34,35,36 and 37, in Block numbered Twelve, of the original townsite of the Town of Seward, Third Division, Territory of Alaska, together with the building and improvements thereon and the tenements, hereditaments and appurtenances thereunto belonging or appertaining, and together with the certain personal property in and about said premises specified in the schedule attached hereto, which schedule is hereby referred to and by such reference made a part of this lease. To have and to hold the same unto the Lessee, its successors and assigns, from the date of the execution hereof by the Lessor for a term of ten years, yielding and paying as rent therefor the sum of Five Dollars per year, in advance, with the privilege of renewing this lease upon the same terms and conditions for a further pBriod of ten years. Notice of intent to so renew this lease shall be given by the Lessee in writing to the Lessor not less than six months prior to the date this lease would otherwise expire. SECOND: The Lessee, in consideration of said demise and lease, covenants and agrees with the Lessor as follows: (A) To pay the rent as aforesaid. ((B) To use said premises and personal property only for hospital purposes, and to conduct in and on said premises a general hospital, which shall be open at all times to the use of all persons irrespective of age, sex, religion, race, cre ed or color, und_er such reasonable regulations and charges as said Lessee may provide. (C) The Lessee will, at its own expense, keep up all necessary interior repairs which are concurrently recommended by the Hospital Board, hereinafter provided for, and the Bureau Secretary of Lessee, and will keep said premises free ana clear of any and all liens and encumbrances, by its own acts during said term, and at the expiration of the term of this lease, or sooner determination thereof, will yield up to the Lessor said real and personal property. (D) To assume all liability for, and save the Lessor harmless from, all debts which have in the past been, or may in the future be, incurred by said Lessee in the operation of said hospital, and in general, to assume all costs and expenses of operating and maintaining said hospital. Provided, however, that said Lessee shall not be required to pay any municipal taxes to the said Lessor during the term of this lease or to pay any other taxes or assessments. (E) To assume all liability for, and save the Lessor harmless from, any suit or claim whatever for damage, loss or injury to any person or property, from any cause whatsoever, d'uring the term of this lease, in or upon said premises. (F) Not to relet or underlet the whole or any part of said premises, nor sell or assign this lease or any interest therein. THIRD: The Lessor hereby covenants and agree with the Lessee that the Lessee, on paying the rent hereby reserved, and performing and observing the covenants and agreements by the Lessee herein contained, shall and may have, hold and enjoy the said premises and personal property during the term of this lease. FOURTH: It is mutually covenanted and agreed as follows: (A) That Lessee may terminate this lease at any time upon giving to Lessor six months' prior written notice. -2- r (B) That the Lessee may make such alterations, improvements or aiditions to or of said premises as it shall deem necessary or advisable in the efficient operation of said hospital, such alterations, improvements and additions to be made at Lessee's own expense and to remain upon the premises at the expiration of this lease and to become the property of the Lessor, unless it shall be otherwise agreed between the Lessor and Lessee in writing prior to the making of any such alteration, improvement or addition. Any changes in the building required by law, shall be made at Lessor's expense. (C) That there shall be created as soon as conveniently possible after the execution hereof a Hospital Board to be composed of five members two members of which shall be appointed by the Lessor, two members by , the Lessee, and the fifth member to be selected by the other four members. Said Hospital Board shall function during the term of this lease, provided, however, that either of the parties hereto may, at its option, change not more than one of its two members of said Board every two years,~wy ~ch change to be made, if at all, promptly within ten days after the date of the commencement of every second year of the term of this lease; and provided further, that whenever any member appointed by either 7~ of the parties hereto shall die, resign, wilfully fail or neglect to fulfill his duties on said Board, or shall from sickness or other cause become unable to so act, or, in the case of the Lessor only, shall remove his residence from the said town of Seward, then, and in any of said events, a new member shall be appointed by such party. Whenever a new member of said Board shall be appointed said Board may, at its option, select a new fifth member of said Board, said Board to be limited at all times to five members. Wheiever any matter, dispute or question shall arise between the parties hereto concerning said hospital, or regarding anything in this lease contained, or the construction or interpretation of this lease, such matter, dispute or question shall be referred to said Board, and it shall be the duty of said Board to consider the same and render a decision thereon, and any decision of said Board shall be final and binding upon the parties hereto. (D) That there shall be a hospital suregon at said hospital who shall be permitted to occupy and use offices in said hospital for a reasonable rental or under such other arrangements as may be agreed upon between said surgeon and the Lessee. A. D. Haverstock, M.D., is hereby designated by the parties hereto as suoh hospital surgeon. In the event of the death, resignation or removal of said A. D. Haverstook, M.D., the vacancy{hereby created shall be filled by a hospital surgeon to be selected by said haspital Board, provided, however, that such hospital surgeon so selected shall be acceptable to both the Lessor and Lessee, which acceptance shall be in writing and co~~unicated by the Lessor and Lessee, each to the other. SUcceeding vacancies by death, resignation or removal shall be filled in the same manner. If ~ at any time either of the parties hereto shall be dissatisfied for any reason with the hospital surgeon then serving as such, the matter shall be referred by such party, in writing, to said Hospiial Board, and if said Board shall then deem it for the best interests of said hospital, said Board shall remove said hospital surgeon and select another, who shall be accepted by both parties as above provided. (E) Lessor shall, at its own expense, carry SUCh insurance as it desires, and in event of damage to said premises by fire the Lessor shall thereupon cause such damage to be repaired as soon as reasonably and conveniently may be, provided, however, that if the said premises or a substantial part thereof be destroyed or so damaged by fire as to require rebuilding or extensive restoration, the Lessor, at its option, may either rebuild or restore said premises, or determine this lease. (F) Upon any breach of any of the covenants or agreements by -3- ,.- the Lessee herein, the Lessor may, at its option, declare this lease void and the term hereby created ended, and re-enter upon said premises and take possession thereof. The covenants and agreements of the Lessee herein shall be binding upon the successors and assigns of said Lessee. IN WITNESS WHEREOF, the said Lessor has caused these presents to be signed in its corporate name by its Mayor and 1mnicipal Clerk, and its corporate seal affiKed hereto, and the Lessee has caused its corporate name to be hereunto subscribed by its President and its duly attested corporate seal to be hereunto affixed by its Secretary, on this _ day of , 1932, in duplicate." (Signatures and seals of parties)- n SCHEDULE OF PERSONAL PROPERTY, ATTACHED TO LEASE BETWEEN TOWN OF SEWARD AND WOMAN'S H01rn MISSIONARY SOCIETY OF THE METHODIST EPISCOPAL CHURCH AND REFERRED TO IN SAID LEASE: 3 hospital bed mattresses; 3 plain white beds, Fowler; 3 dressers; 3 bedside tables; 3 rocking chairs; 1 desk lamp; 4 hat racks; 5 theatre chairs one piece; 1 Westinghouse duplex X-Ray machine #11-17 with hand timer and hand and foot switch; 1 ambulance card; 3 l4x17 developing trays; 1 l4x17 buck cassett with intensifying screen; 1 8xlO buck cassett with intensi~ing screen; 1 surgery; 1 electric lamp; 3 surgery stools; 1 two-pan stand; 1 Albatros instrument case; 1 Mayo instrument stand; 1 American sterilizer serial 27184; 1 small stepladder; 1 nurses chart desk and 12 chart backs; 1 wooden cupboard; 2 dressers; 2 small chatrs; 2 large chairs; 2 beds; 2 carpets; 2 bookstands; 2 small tables; 3 basinets; 1 baby scale; 1 baby work table and cupboard; complete baby outfit (clothing); 1 table for making dressings; 1 dining room table; 1 kitchen table; 1 tray stand; 1 kitchen stool; 1 baby bed; 6 wash basins; 6 bedpans; 6 male urinals; 3 female urinals; 4 enema cans; 6 pitchers; 6 emesis basins; 8 bedside table stands; 1 typewriter; 1 Wedgewood Flamo stove; 1 Flamo ~abinet; 4 towel cases, Nebroc; 1 ether vaporizing and suction machine, Sornsen; 1 stand drawer; 3 common chairs; 3 dining room chairs; 1 wringer; 8 wastepaper bawkets; 8 wash pans; 6 Fowler hospital beds; 4 bedside tables; 2 small rugs; 2 dressers; 1 day bed; 1 bed; 2 rocking chairs; 1 portable singer sewing machine; 24 sets of tray dishes for patients; 18 all wool blankets; 100 single sheets; 24 pillow slips; 14 pillows; 48 bath towels; 6 bath robes; 30 night gowns, men's; 30 night gowns, women's; 100 surgery towles; 30 draw sheets; 12 sterilizing slips; 36 doctor's surgery towles; 6 hospital bed mattresses; 4 nurses bed mattresses; 4 Fowler bed mattresses; 12 cotton blankets; 12 woll blankets; 120 single sheets; ,120 pillow cases; 27 pillows; 72 hand towels, huck; 6 doz. bath towels; 6 bath robes; 3 doz. night gowns; 1 only 2500-W element bayonet; 3 4500-W heaters; 8 hospital beds; 8 hospital bed mattresses; 1 American Sterilizer; 1 desk; 1 chair, desk; 18 dining car chairs; 3 leather chairs; 1 file case; 2 instrument tables 36x24x33; 3 treatment tables, 6x22x25." -4- r=~ Section 2. That a special election shall be held on the /~: day of ~brVdY~1 , 1932, at which election shall be submitted to e qual ied vo ers of the city of Seward the question of the ratification of this ordinance. Said election is hereby called and authorized. Said election shall be conducted as nearly as practicable in accordance with the requirements of law in respect to general or special elections in the city of Seward. Registration for said election shall not be required. The ballots used at said election shall be in the usual form of election ballots, in accordance with the ordinances of the city of Seward, and shall contain, in addition to the usual inscri~tion upon such ballots, the following words: nShall Ordinance No. ~, of the city of Seward, entitled, *An ordinance providing for the leasing to the Woman's Home Missionary Society of the Methodist Episcopal Church of Lots 4, 5, 6, 7, 34, 35, 36 and 37 in Block Twelve of the original townsite of the city of Seward, Alaska, and the building and improvements thereon and certain personal property in and on said premises, for hospital purposes, and providing for a special election at which shall be submitted to the qualified voters of the city of Seward the questioh of the ratification of this ordinance,' be ratified?- Mark ant X in the square preceding the word "FOR" if you desire to vote for ratification of the ordinance, or mark an. X in the square preceding the word "AGAINST" if you desire to vote against ratification of the ordinance. FOR AGAINST ,. Section 3. Thirty days' prior notice of said election shall be given by publishing once each week during said period in the Seward Daily Gateway, a newspaper published at Seward, Alaska, a notice stating the time of said election, the place of voting, describing the property to be so leased, giving a succinct statement of the terms and conditions of said lease and the consideration thereof, and stating the title and date of passage of this ordinance. The following persons are designated and appointed as officers of said election, and to conduct the same, to-wit: Inspe ctor: lire 1/ iJ/;{;/TkS'''j'' Judges: !. t:,.~IJM.IsU&u' and .t.A.l44L~ ~II tirf'eu, Clerks: (/ t.'!u.~~1ui!7. and (I J<>y-t>via J~.x~ (/ The pOlls for said election shall be open at the hour of 8 o'clock A.M. on the ~ day of h kt'Itt!-'" t' v , 1932, and shall close at the hour of 7 o'~ P.M. on sald day,/ and the Town Hall, also known as Fire Hall, in said city of Seward, shall be the place of voting. Section 4. The Common Council shall meet at the hour of 4 O'clock P.M. on the 2./ day of fbV"'''~' 1932, for the purpose of canvassing the votes cast a said election, in accordance with the requirement. of the ordinances of said city of Seward relative to general and special elections. r'" Seotion 5. This ordinanoe shall be published onoe in the Seward Daily Gateway, and shall not be valid unless ratified by a majority of the qualified voters voting at said eleotion. Passed under suspension of the rules, and approved, this .:Jo:ti: I d~ of J'/e,--te-JrlhA.Y, 193.. c;)1! ~~ejZf Mayor ATTEST: d..~{a[~F