The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-03-18


Be it ordained By The Mayor. Aldermen and Commca
Council Of the City Of Portland, in City Council
assembled, as t0il0,cs.
SECTION 1. The Portland Water Company are
authorized to lay down in and through the streets
the City of Portland, and take up and repair all
such pipes aqueducts and fixtures as NAV be neces-
sary Tor Il obIects of their Incorporation subject
to all the requirements OF their charter and The al
ditiona act app owed February IA, 1865 and to the
conditions of the olowing agreement which Is
thereof, and as condition of the consent thereby
given.
This Memorandum of an agreement made and en-
tered into at Portland this twenty-eglth day OF
FEBRUARY, A. d, 1868, by and between the City oil
Portland OF the first part, and the Portland Water
Co., corporation established and organized under
the laws OF the State of Maine party of the second
part, witnesseth:
That in consideration that the City OF Portland
doth hereby consent that The said Portland Water
Company may lay down its mains and pipes in the
Streets of the City of Portland subject TO all the
conditions and limitations and abi tiles imposed in
the Charter of SAID Company, witch are as follows
VIZ:
The said Company are authorized to lay down in
and through the streets said City and to take up
and repair all such pipes aqueducts and fixtures al
may be necessary tor the objects OF their ncorpora-
ton, the consent of the City Council being given
thereto under the following restrictions and regua-
tons, and subj Get to the following Agreements
said Company shall be liable in all cases to repav
to the City all sums of money that sa City NAV be
obliged to pay on any judgment recovered against
SAID City fer damages occasioned by any Obstrue-
tons, Or taking up or displacement OF any street by
OF the City Council, together with counsel fees and
other expenses incurred by said City in delen Ing
any suit to recover damages aforesaid, with in
terest on the same to be recovered in action tor
money paid to the use OF said company; and when
ever the company shall lay down any pipes or aque-
ducts i'll any streets, make any alteration or re-
pair in their works in any street, they shall cause the
SINE 10 be done with little obstruction to tie
public travel as may be practicable, and shall at
their own expense without unnecess Try DELAY,
cause the earth and pavement removed by them ia
be replac in proper condition; they will not in
any case obstruct or impair the OF any private OF
pubIc dialn, or common sewer reservoir OF gas
ppe out said company thai have the right to cross
or, when necessary, 10 change the direction OF any
private drain in such manner as not to obsruct or
impair the use there If; beng liable for any injury
Toned by any such crossing or alteration 10 the
owner thereof, or any other person Injured in an ac-
ton on the case.
The SAID company on its part, doth hereby cove
nant and AGREE with said City as follows:
tsfst-Said corporation shall furnish at all times
TO the CITY OF Portland without charge to he City,
for use IN the pnb'c buildings and school houses OF
the CITY, and for the extDgui hment of fires and
other strictly municipal purposes such amount and
volume o. water as may be needfaI therefor; the
necessary service pipes and hydrants for di tribu-
tlon tnereot Tor the purposes aforesaid being 1ur-
nisned, Iali anu connected with the pipes of this
company at the expense Of the City, and will also
supply upon the same conditions free from chal ee
to inc CITY, the water ior three public fountains, the
reputation OF the supply oil water for the fountains
TO De uDuer the joint control of The Water Comns-
sioners OF the City, and the President OF the Com
pany.
oecond.-The water shall be introduced into the
City from Sebago Lake, by twenty inch hydraulic
MAN. SO as to supply tue hydrants, wi hin two years
from January fist, "A. ID. 1e6S
1hnd:-A Reservoir Reservoirs shall be con-
structed on BrlmharPs or Munioy Hills of the ca
patlty OF 10 O0J,0UO gallons and the higher eleva
tons ON Bramhail ami Munjoy shall be supplied bv
a sand pipe or by gravitation directly from the
mains, IN manner satisfactory to the Engineer of
the city. The capacity of the Reservoirs snail be
increased from time to time when necessary to meet
the equreinents of incl eased consumption.
fouTh-For City distribution, in addition to the
twenty men MAINS there shall be not less than so
eet VI sAceen inch pipe, 5000 feet OF twelve inch
pipe 5000 feet of ten inch pipe 10000 feet of eight
men ppe, tooOO feet of six inch pipe, and 1000 feet
Fsth.-In the event of reasonable ground ot com
pluat OF want ofsupply to more sparsely populated
portions OF the City, the City Council shall decide
UPON tne easlolty and necessity, and the company
sDai lay IT'S mains wherever the City Council shall
decide 1t reasonable to REQUIRE it under all the cir
cumstances of the case
Strh.-Ihe rate charged to the water takers shall
De reasonable as compared with the rates in other
clues, with due consideration to the cost and in
come OF the works; ana in case of excessive or ex-
id.es, snail be liable to correction by the
supreme oudielal Court, under the equity powers
eomiereu on the Court by the act OF February 18th,
1865, anu or manutactpries and other similar large
consumers the maximum rates shall be fixed BY the
City and the Company and i'm case of their disagree
ment by three commissioners appointed by the
Supreme judicial Court
Inc woiks shall be constructed under the sliper-
VISION OF an engineer appointed by the City, who
snail confer with the engineer of the company as the
Wo rR progresses, and in case OF disagreement
be final. 'i
In witness whereof, the said Portland Water Co.
nata nereto by its President, thereto duly anthor-
the assent OF said City beng given in the Urdpalce
IN wn II TINS agreements Incorporated.
The f0 e. + saE MAIER Co.. by Corporate
President. of the Co.
Approved March Sd. 1868.
AUG, E, STEVENS, Mayor