LEGAL NOTICE
ORDINANCE NO. 115 ,
AN ORDINANCE PROVIDING
FOR THE LEAKING TO THE WO
MAN’S home missionary so
ciety OF THE METHODIST
EPISCOPAL CHURCH OF LOIS 4,
5, 6. 7, 34, 35, 36 and 37 IN BiDCK
TWELVE OF THE ORIGINAL
TOWNSITE OF THE CITY OF
SEWARD, ALASKA, AND THE
BUILDING AND IMPROVEMENTS
THEREON AND CERTAIN PER
SONAL 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
QUESTION OF THE RATIFICA
TION OF THIS ORDINANCE.
Whereas, that certain real prop
erty comprising Lots 4, 5, 6, 7, 34,
35, 36 and 37 in Block Twelve of
the original townsite of the city of
Seward, Alaska, together with the
building and improvements there
on, was, prior to the year 1929, de
voted to the public use of the city
of Seward, to-wit, to use as a pub
lic school building and grounds;
and. a new public school building
for said city having been con
structed and placed in use in the
year 1929, at which time said for
mer school building and grounds
were abandoned as such and re
mained unused for municipal pur
poses or for any purpose whatso
ever 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 Wo
man's Home Missionary Society of
the Methodist Episcopal Church,
the City of Seward furnishing for
said hospital certain items of per
sonal property hereinafter more
particularly mentioned and des
cribed; and
■Whereas, it is the judgement of
the Common Council that said real
property shall no longer be requir
ed for use as a public school build
ing and grounds, or for other mun
icipal 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 COM
MON COUNCIL OF THE CITY OF
SEWARD:
Section 1. That said real and per
sonal 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 Municipal 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 Alas
ka, a municipal corporation, party
of the first part, hereinafter call
ed the Lessor, and the WOMAN’S
HOME MISSIONARY SOCIETY
OF THE METHODIST EPISCOPAL
CHURCH, a co.porat on, organized
and existing under the laws of the
State of Ohio, party of the second
part, hereinafter called the Lessee,
WITNESSETH:
FIRST; That the Lessor, for and
in consideration of the covenants
and agreements of the Leessee here
inafter set forth, has demised and
leased to the Lessee the following
described real and personal prop
erty, to-wit:
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, to
gether with the budding and im
provements thereon and the ten
ements, hereditaments and ap
purtances, thereunto belonging or
appertaining, and together with
the certain personal property in
and about said premises speci
fied in the schedule attached
hereto, which schedule is hereby
referred to and 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 ex
ecution 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 period of
ten years. Notice of intent to so re
new 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 consid
oration of said demise and lease,
covenants and agrees with the
Lessor as follows:
(A) To pay the rent as afore
said.
(B) To use said premises and
personal property only for hospi
tal purposes, and to conduct in and
on said premises a general hospi
tal, which shall be open at all
times to the use of all persons ir
respective of age, sex, religion,
race, creed or color, under reason
able regulations and charges as
said Lessee may provide.
(C) The Lessee will, at its own
expense, keep up all necessary in
terior repairs which are concur
! rently recommended by the Hos
! pital Board, hereinafter provided
: for and the Bureau Secretary ol
Lessee, and will keep said premises
free and clear of any and all liens
and incumbrances, by its own actf
during said term, and at the expira
tion of the term of this lease, oi
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, in
1 curred by said Lessee in the oper
i ation of said hospital, and in gen
eral, to assume all costs and ex
penses of operating and maintain
! ing said hospital. Provided, how
ever that said Lessee shall not b:
required to pay any municipa
1 taxes to the said Lessor during the
1 term of this lease or to pay anj
other taxes or assessments.
I (Ei To assume all Lability for
i and save the Lessor harmless
from any suit or claim whateve:
for damage, loss or injury to anj
person or property, from any cause
whatsoever, during the term o:
■ this lease, in or upon said premises
(F) Not to relet or underlet the
i whole or any part of said premises
nor sell or assign this lease or anj
1 interest therein.
THIRD: The Lessor hereby cove
nants and agree with the Lessee
S that the Lessee, on paying the
rent hereby reserved, and perform
ing and observing the covenant;
! and agreements by the Lessee here
| in contained, shall and may have
! hold and enjoy the said premise;
and personal property during th<
term of this lease.
FOURTH: It is mutually conve
nanted and agreed as follows:
(A) That Lessee may terminate
! this lease at any time upon giving
i to Lessor six months’ prior writ
ten notice.
i <B) That the Lessee may mak<
such alterations, improvement;
or additions to or of said premise;
as it shall deem necessary or ad
visable in the efficient operatior
of said hospital, such alterations
improvements and additions to bi
made at Lessee’s own expense anc
to remain upon the premises a1
the expiration of this lease and tc
become the property of the Lessor
unless it shall be otherwise agreec
between thq Lessor and the Les
see in writing prior to the making
of any such alteration, improve
ment or addition. Any change;
! in the building required by law
; shall be made at Lessor’s expense.
(C) That there shall be created as
scon as conveniently passible aftei
execution hereof a Hospital Boarc
j to be composed of live membeis
two members of which shall be ap
pointed by the Lessor, two mem
bers by the Lessee, and the fiftl
member to be selected by the otnei
four members. Said Hospital Boaic
shall function during the term ol
this lease, provided, however, thal
either of the parties hereto may
| at its option, change not more thar
one of its two members of saic
Board every two years, such change
to be made, if at all, proinptlj
within ten days after the date ol
commencement of every seconc
year of the term of this lease;
: and provided further, that when
1 ever any member appointed by
either 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. When
ever a new member of said Board
shall be appointed said Board may,
at its option, select a new fifth
member of said Board, said Boaid
to be limited at all times to five
members.
Whenever any matter, dispute or
question shall arise between the
parties hereto concerning said hos
pital or regarding anything in this
lease contained, or the construc
tion 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 hospi
tal surgeon at said hospital whe
shall bo permitted to occupy and
use offices in said hospital for a
reasonable rental or under such
other arrangements as may b e
agreed upon between said surgeon,
and the Lessee. A. D. Haverstock,1
M. D., is hereby designated by the,
parties hereto as such hospital;
surgeon. In the event of the death, i
resignation or removal of said A.!
D. Haverstock, M. D., the vacancy!
thereby created shall be filled by a
hospital surgeon to be selected by
said hospital Board, provided, how
ever, that such hospital surgeon
so selected shall be acceptable to
both the Lessor and Lessee, which
acceptance shall be in writing and
communicated by the Lessor and'
Lessee, each to the other. Succeed-!
.ing vacancies by death, resigna
tion 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 j
as such, the matter shall be referr-j
ed by such party, in writing, to:
said Hospital Board, and if said:
Board shall then deem it for the!
best interests oi said hospital, said!
Board shall remove said hospital;
surgeon and select another, who j
shall be accepted by both parties’
as above provided.
<E) Lessor shall, at its own ex
pense, 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 reasona-:
- biy and conveniently may be’, pro-:
vided, however, that if the said
premises or a substantial part;
thereof be destroyed or so damag-(
• ed by fire as to require rebuilding
r or extensive restoration, the Les
. sor, at its option, may rebuild or
• restore said premises, or determine
this lease.
■ (F) Upon any breach of any of
, the covenants or agreements by
1 the Lessee herein, the Lessor may,
at its option, declare this leaco
• void and the term hereby created
i ended, and re-enter upon sa-d
: premises and take possession there
• of. The covenants and agreements
> of the Lessee herein shall be bind
• ing upon the successors and as
, signs of said Lessee.
i IN WITNESS WHEREOF, the said
! Lessor has caused these presents
to be signed in its corporate name
■ by its Mayor and Municipal Clerk,
and its corporate seal affixed here
: to, and the Lessee has caused its
: corporate name to be hereunto sub-;
• scribed by its President and its duly,
attested corporate seal to be here
i unto affixed by its Secretary, on
; this day of .!
> 1932, in duplicate.”
■ (Signatures and seals of parties),
i “SCHEDULE O F PERSONAL
, PROPERTY, ATTACHED TO LEASE
! BETWEEN TOWN OF SEWARD
l AND WOMAN’S HOME MISSION*
; ARY SOCIETY OF THE METHO
• DIST EPISCOPAL CHURCH AND
. REFERRED TO IN SAID LEASE:
l 3 hospital bed matresses; 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, No. 11-17,
with hand timer and hand and foot
i switch; 1 ambulance card; 3 14x17
' developing trays; 1 14x17 buck cas
L sett with intensifying screen; I
, 0x10 buck cassett with intensify
ing screen; 1 surgery; 1 electric
lamp; 3 surgery stools; 1 two-pan
i stand; 1 Albatros instrument case;
' 1 Mayo instrument stand; 1 Amer
i ican sterilizer, serial 27134; 1 small
! stepladder; 1 nurse’s chart desk
; and 12 chart backs; 1 wooden cup
, board; 2 dressers; 2 small chairs;
. 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,1
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 urina.s; |
3 female urinals; 4 enema cans; 6
pitchers; 6 emesis basins; 8 bed
side table stands; 1 typewriter; li
Wedgewood Flamo stove; 1 Flamo
cabinet; 4 towel cases, Nebroc; 1,
ether vaporizing and suction ma
chine, Sornsen; 1 stand drawer; 3
common chairs; 3 dining room
chairs; 1 wringer, 8 wastepapen
baskets; 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;
i gowns, men’s; 30 night gowns, wo
men’s; 100 surgery towels; 30 draw
I sheets; 12 sterilizing slips; 38 doc
| tor’s surgery towels; 6 hospital bed
mattresses; 4 nurse’s bed mat- i
tresses; 4 Fowler bed mattresses;!
12 cotton blankets; 12 wool blan
kets; 120 single sheets; 120 pillow
cases; 27 pillows; 72 hand towels,
huck; 6 doz. bath towels; 6 bath,
lobes; 3 doz. night gowns: 1 omy|
2500-W element bayonet; 3 4500-W
heaters; 8 hospital beds; 8 hospital i
bed mattresses; 1 American Sterill-I
zer; 1 desk; 1 chair, desk; 18 din
ing car chairs; 3 leather chairs; 1
file case; 2 instrument tables, 36x
24x33; 3 treatment tables, 6x2ix25.”
Section 2. That a special election
shall be held on tne 1st day of Feo
ruary, 1932, at which election snail (
be submitted to the qualified vot-|
ers of the City of Seward tne ques
tion of the ratification of tnis or
dinance. Said election is hereby
called and authorized. Said eiec-j
tion shall be conducted as nearly;
as practicable in accordance with1,
the requirements of law in respect!
to general or special elections in
the City of Seward. Registration!
for said election shall not be re
quired.
The ballots used at said election
shall be in the usual form of elec-;
tion ballots, in accordance with the J
ordinances of the City of Seward,;
and shall contain, in addition to1
the usual inscription upon such J
ballots, the following words:
“Shall Ordinance No. 115, of the
City of Seward, entitled, ‘An or
dinance 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 orig
inal townsite of the City of Seward,
Alaska, and the building and im
provements 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 Sew
ard, the question of the ratification
of this ordinance,’ be ratified?
“Mark an X in the square preced
ing the word ‘FOR’ if you desire to
vote for ratification of the ordi
nance, or mark an X in the square
preceding the word ‘AGAINST’ if
you desire to vote against ratifica
tion of the ordinance.
□ FOR
[~j AGAINST"
Section 3. Thirty days’ prior no
tice oi said election snail be given
by publismng once eacn week dur
ing said period in the Seward Daily
Gateway, a newspaper puoiisned at
Seward, Alaska, a notice stating
tne time of said election, the piace
of voting, describing the property
to be so leased, giving a succinct
statement of the terms and condi
tions oi said lease and the consid
eration thereof, and stating the ti
tle and date of passage of this or
dinance.
The following persons are desig
nated and appointed as oificers of
said election, and to conduct the
same, to-wit:
Inspector: W. H. Whitlesey.
Judges: J. C. Robertson and Jen
nie Paulson.
Clerks: Bessie M. Malloy and Syl
via Sexton.
The polls for said election shall
be open at the hour of 8 o’clock
a. m. on the 1st day of Febiuary,
1932, and shall close at the hour of
7 o’clock p. m. on said day, and
the Town Hall, also known as the
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 2nd day of February,
1932, for the purpose of canvassing
the votes cast at said election, in
accordance with the requirements
of the ordinances of said City of
Seward relative to general and spe
cial elections.
Section 5. This ordinance shall
be published once in the Seward
Daily Gateway, and shall not be
valid unless ratified by a majority
of the qualified voters voting at
said election.
Passed under suspension of the
rules, and approved this 31st day
of December, 1931.
D. C. BROWNELL,
Attest: Mayor.
A. D. BALDERSTON,
Municipal Clerk._
Fifty per cent off on all clean
ing and pressing work (not rush
work) received on Monday. Sew
ard Steam Laundry.
SEWARD SKIING
Skiing enthusiasts of Seward, in
cluding many of the younger child
ren, have discovered an excellent
skiing slope in one of the Mount
Marathon slides up the Lowell Creek
canyon. Every day sees a number
of them coming down the slope
with lightning-like speed. And
many are the times that young
boys put on their skiis and go up
there in the forenoon and remain
until they are late for lunch or
dinner.
The SS Oduna, of the Alaska
Steamship Company, arrived in
port early Wednesday evening with
a light cargo for discharge. The
big freighter v/as in port for only
an hour or so.
Have you heard the new “OKEH”
records at Sylvia’s. They are won
derfut.
Special rate on all cleaning and
pressing received on Monday. Sew
ard Steam Laundry.
Try our Seattle, ice Cream—
Fresh on every boat at SYLVIA’S.
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