The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-03-17

pany 10 supply tne C1Iy OF f0ftLand
with pure winter.
Be it ordained by the Mayor, Aldermen and Common
Council Of the City Of Portland, IN City Council
assembled, as J0Il0Ws.
SECTION 1. The Portland Water Company are
authorized to lay down in and through the streets OF
the City of Portland and to take up and repair all
such pipes, aqueducts and fixtures as may be neces
sary Tor tie objects of their incorporation, subject
to all the requirements OF their charter and The at
ditional act app owed February H. 1s6S and to the
conditions of the GLOWING agreement which IS
hereby incorporated into this Ordinance as a part
thereof, and as condition of the consent thereby
given.
THIS Memorandum Of an agreement made and en-
tered into al Portland, this twenty eighth day of
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:
T6at 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 abiiti 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 OF said City and to take up
and repair all such pipes, aqueducts and fixtures as
may be necessary tor the objects OF their ncorpora-
tion the consent of the City Council being given
thereto under the following restrictions and regula-
| tons, and subject to the following Agreements
said Company shall be liable in all cases to repay
to the City all sums OF money that sa City NAV be
obliged to pay on any judgment recovered against
SAID City for damages occasiJned by any obstruc-
tons, Or taking up or displacement OF any street by
said company whatever, with or without the consent
OF the City Council together with counsel fees and
other expenses incurred by said City in deien ing
any suit to recover damages aforesaid, with in
terest the to be recovered in an action for
| money paid to the use oil said company and when
ever the company shall lay down any pipes or aque-
dues i'll any streets, or make any alteration or re-
pair in their works in any street, they shall the
same to be done with as little obstruction to tie
| public travel as may be p acticable, ana shall at
| their own expense, without unnecess Try delay
| cause the earth and pavement removed by them to
be replac, d in proper condition; they will not in
any case obstIuct impair the OF any private or
| public d aim or common sewer or reservoir gas
pipe, out said company shal have the right to cross
or, when necessary, TO change the direc ion OF any
private draia in such manner as not to Obstruct
impair the use thereof; beng liable Tor any injury
occa>ioned by any such crossing alteration 10 the
owner thereof, or any other person injured in
ton on the case.
The SAID company ON its part doth hereby cove
nant and agree with said City as follows:
Ftrst-Said corporation shall furnish at all times
to the CITY OF Portland without charge to The City,
i9r use IN the pnbc buildings and school houses OF
the City, and for the extinguis hmcnt of fires and
other strictly municipal purposes, such amount and
necessary service pipes and hydrants for di tribu-
tlon thereot for the purposes aforesaid being FUR
nisheu lalI and connected with the pipes Of this
company at the expense Of the City, and will also
supply upon the same conditions, free from charge
to the CITY the water tor three public fountains the
regulation OF the supply OF wafer for the fountains
to be under the joint control of The Water CommIs.
soners OF the City, and the President OF the Com
: Second.-The water shall be introduced into the
CITY from Sebago Lake, by a twenty inch hydraulic
mann 30 as TO supply the hydrants, wi hin two years
from January first, A. d. 1e6s.
, Ih,rd;-A Reservoir Reservoirs shall be con-
SHRUGGED on Bramhall's Munioy Hills, of the ca
paclty OF IL 100000 gallons. and the higher eleva
) tons on Bramhall and Munioy shall be Supplied by
s:and pipe or by gravitation directly from the
, mains, IN manner satisfactory to the Engineer Of
the CITY. The capacity of the Reservoirs shall be
Increased from time to time when necessary tomeet
: the requirements of incl eased consumption.
FoarM.LFor City distribution, in addition to the
twenty incn MAINS there shall be not less than so 10
lset VI sixteen inch pipe, 5000 feet of twelve incl
ppe 0oo' eet OF ten inch pipe, 10000 feet of eight
men PIPE, aoooo feet of six inch pipe and 900 eel
FifM.-In the event of reasonable pround nj com.
pla9t OF want OF supply to more sparsey populated
portions OF the City, the City Council shall decide
shall lay its mains wherever the City Council sia
declde IL reasonable require it under all the cir
z cumstances of the case
StGm.-ihe rate charged to the water takers shall
pe reasonable as compared with the rates in Other
1t cltes, with due consideration to the cost and in
e coie o ne works. and in case of excessive or ex
Supreme Judicial Court. under the equity power,
eomered on the Court by the act of February 18th
aooo, anu LOT manufactures and other similar large
consumers the maximum rates shall be fixed by thu
Oty ana Tie Company, and in of their disagree
y ment py three commissioners appointed by tn,
q Supreme Judicial Court
q The works shall be constructed under the super
t , VI an engineer appointed by the City, VIII,
shall CONFER with the engineer of the company as tn
MoIh progresses, and in case OF disagreement
be final
III In witness whereof the said Portland Water Co
natn hereto, by its President thereto duly thor
lied, affixed The name and seal of said Company
tne assent OF said City being given IN the Urdinanc
IN which this agreement is Incorporated.
IHE PORTLAND WATER Co., byl Corporate
5. $3.50 President of the Co.
Approved March Sd, $685.