Evansville daily journal. (Evansville, Ind.) 1863-1866, 1865-04-17
AN Acr

AN ACT.
as ACT 10 Authorize the h5rmt tiou Of eomnasss,
for the constructions o. Nster Works ia sad Tor :
Incorporated cities &c enable such cities 20 sub
sefioe stock IN such COM saies, aud & issu
proved March 8, 1885.
sEcrIoS l. Be q enacted By he General Ass-nbIy
IN ihs STATE Of fHdiana, That whenever tn tftv
touucil Of any Incorporated city Ia The STATE q
udi4na, shall By resolution declare that IL 4, eN
pedieut 70 have Constructed orks fJT me pnrp..-
of supply ing sth city aud q fnh Itani 4here-
of with water, but that IL il nexpsdient FOR such
city-under the powers granted in its act OF In
eorporation-to build such workss Il shall be laF
Ifnl for the Inhabitants Of any sneh cts Ind
.otherl, TO organize company for the construct
Hon Of such Water works
SEe. 2. ANY numter Of persons not less thaa
twelve, desirous OF forming company Tor such Z
purpose. shall make, sign and aekaowirdge before
20 ne ofieer authorized TO take sek aowlsdgementz
ri DEEDS eerfthcate IN wrItHgi which shalt state
the eorporafs name adopted by the company, the
anAouut o. the capital stock, tbs terra % it, ex
aslenes--noti hos eyrF 10 e1eeed nfiy 3ears,-thes
shalt manage the affairs Of the company for thes
arst year, OF uDtii their elected aud
quaihed, aud tbs naHs q the city in for which
such works are to be Constructed, aud she busi-
ness u the company carried on such oertihoates
ssha DO fiied In she Ofos Of the Recorder Of the
comfy in whiea such city is sitRafe, sud shall te
shall be hled in the Offee OF the secretary v
i. ate - .rr
SIS, 3 when the certificate shall have been
1led21s Aforesaid, the persons who fhAli have
-igned and acknowledged the semss and their sue
cessors, shall be body polite aud eoFperata, and
by their corporate hams may take, hold and con
sey all such real estate shall be necessary e.
barry the operations and eaeet the objects and
purposes Of said company aud tt shall lc lawful
Tor such company TO enter upon any i1ads for the
Purpose OF examining and uryeying the same for
zthe site sites Of Water Works, reservoirs and
fssneof wafer pipes Of sucn compAny, ami 10 take.
AAnd appropriate 50 much thereof a. may b
aeemed necessary for the salae, ana 10 that end
aud purpose said company shall be entitled 20 the
writ cf assessmsnt Of damages provided BY law.
see. f. The business OF said company shall Be
4naasged BY a Board 81 not less than nine NOR
4mors than thirteen Directors, who shall be stock ]
aholders therein, and majority Of whom shah Be,
<resdeats Of such city, and majority 81 th.I
9 Directors chosen shall be quorum There SASH
Zoe election Of Directors within one yeax. fTom
1.-THE filing Of the articles OF association, ard an
Equally thereafter at such times shah he nxed
10y the by-laws Of such company; thrao zeek y
Anotiee thereof shall be given BY pubhcason IN q
Newspaper OF general circulai ion Ia tuch city /.
the stockholders shall be entitled TO vote either in
EpersoR or by Proxy.
81 SEC. 8. Toe officers Of such company shall be q
%prssident, who shall be one II the Directors .
2Secretary and Treasurer AID such other officers,
agenis and servants the Board Of Direotars
1shan deem necessary for The transaction Of the
45usiness Of the company such Officers shall be
1elscted annual by the Directors and shall all BE-
requsred ~ give bond, with penalty aud surety, a.
the approval of said Board Of Directors, eoudi-
loued for the faithful discharge Of their respect
I'VE duties, and shall also take an oath Of Office
"a SEC. 6. The amount OF the capital Stock shall
90 fixed by the Company, but may be iatr ased BY
vote of the stock holders ANY an uai me q Ak
Hand aueh capital stock be divided into shares 81
4not more than one hundred dollars each.
a SEC :. Any such city may become stock hold
afef in any such company whenever ths Common
Coancil snail so direCt by resolution, duly enter q
szupon the minutes. such resolution shall specify
.5sthe number OF shares 20 DO taken and shall re-
gnire the Mayor 70 carry out The direction BY sub
Ftscrbing for the number of shares Indicated upon
1.-the books Of the company, and any railroad com
NJ pany of this state may subscribe for and ewD
Nstock in such company, and shall le entitled 10
all the rights anu privileges Of other stock hold
ers and 10 provide for the pas ment q such stock
transcription, IL shall be lawful for any such city
Ito Issue bonds payable a. such times e. the Com
#mon Council shall direct, and bearing interest At
aDy rate not exceeding seven per eent per annunl,
land to meg tiate the same upon the best terms
81 src. 3 When any such company shall have
4becn organi under the provisions OF this act,
4and after least half Of the capital stock
thorized by its articles Of association shall have
been subscribed, u shall b. the duty Of the Com
Nmon CouDeil Of the city in and for which such
y cOmEany N propose TO er ct water works, b.
~ resoIntisn duly passed and en- cred upon is min
futes to grant 10 such company such right to The
use of the streets, alleys, wuaryes anf pubic
grounds OF such city as shall be ntee eary 20
A0le such ecnpany 70 Construct the proper wofks
Nor the supply Of water for the use o. such city
land its Inhabitants. PToVided, that the OOmmon
~ ouncil OF such city may In such grant impose
N& limitations upon such company Ia reference a.
the manner in which such streets, alleys, wharves
aud public grounds are 10 be used an IN refer
elce 70 tho charging and collecting OF tols, water
- ents, or other compensation for the supply oi
water 10 be furnished by such company to such
city aud its fnhabItauts, IS shall be necessary "a
guard against the improper aBe Of such strtetsi
7alleys, wharves and public grounds, aud to pro-
.ect said city aud its inhabitants from the impe.
stricn Of any usdue OF excessissrates OF ehasgs.
"a or the supply OF wa or, but 20 festriesion shall
3oei i'm posed by said Common Council which will
prevent such company realizing upon Its capital
.tgck al annual income or dividend Of ten per
f4cent. after paying cost Of ali necessary repairs
tand expenses.
al SIC .. That FROM and after the expiration OF
years from the time Of the oiganiza-
TA Dion OF any such company, the Common Council
s45f the city la aud for ghich such company mas
have erected its works, shall have the right and
ZpriyieSe Of purchasing from such company all
the buildings, hxtnres, apparatus and property Of
aiauch cumDEny, with all its eorporats rights ACC
#tprivileges, at such price may be agreed ~ on
between the Common Council Of such city and ths
91Roard OF Directors OF such company and In case
saf dsaRrsenlent bstNaea the parties the price q
~ ie sceTtained anC determined by i've DIS .otsr
7astcd persons, n residents Of such city, tao o.
&3whgn 10 he clltaen By said Common Council aud
@two ~ the Board OF Directors of such company
aud the nth by the four so chosen proVided, tina
~ the right Of such city TO purchase anch work.
z8hall accrue Immediately, IL ~ the end Of twelve
#syrars from tbs time Of the Organization Of such
81 eOmr any, at the expiration Of Hny year there.
zEafter, il shall appear that such company has i'm
poheuu ana Collected bnch rates Vt Charges ior IN
%'uppiy q water as shall have caused tie average
aaunuAl income or dividends Of such company
znpon its capital stock to exceed ten per cent al
ster paying the cost Of all necessary repairs ans
expenses and Exclusive Of and oAe-haIf pei
EHrPnt. per anuum, which may be set apart and re
rsseryed as a surplus or contingent fund. e
- SIC. 10 such company shall have power auf
FNautheTity to charge and collect from such citJ
iand the Inhabitants thereof aud all others, suci
Frates for the water furnished, shall be fixed
10y its bylaws, rules and regulation jet only
he mn hN an
sCouneil as sioresad- i.
Z SIC II. Such company shall annually, at least
zen days before tLs election Of Directors, make
bout full and complete exhibit Of eli the opera
sfstiOns of the company during the current year
fieontaining current account Of all the receipts
land disbursements thereof also showing the
s-amount of capital stock subscribed, the
amount Of such capital stock actually paid in the
~ amount psid out during the year in the coastrue-
tion and repair Of the works, the amount Pc I
EA0ut 10 the ordinary expenses OF the eem,y nv
: classifying the expenditures, and givir a ~.
kamount paid out nader each elassifieat3O' a. IL,
8 ssams appears the books OF the cor rs.rv M.
amount COLLECTED from such city, AM ne anon a
col ected from individuals for vat snnntic5 ~
4amount placed TO the er.dit Of the rsserre fnnd
81 be amount Of dividends deelarS A sas ths mon 4
81 such dividends drawn, whj,h e~htt.5s shall T.
averified by the oath OF the presfdent ard seere
tary, and published in sSy s nnbiir nsgsnarer a
General circulation In oh civ ten days succoss
Il iFely, before such any ,aI eierfiot
80 - - = aef1' y declared that an emergene
49, ~ sne lL% ediate taking effect of this act
'lat sI.s aeP shall take effect and be ia force
"A salOAn asa AAtsF its passage
81 HHnuaT