The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-03-10
CITY OF PORTLAND.
IN THE YEAR ONE THOUSAND EIGHT HUN
DRIED AND SIXTY EIGHT.
AN ORDINANCE
To authorize the Portland Wafer & om-
Pnny to supply the City of Portland
with pure water.

Be it osdqiaed By tse Magor. aldermen and oonn'o =
Council Of the City Of Portland, IN City Council
assembled, as Jotlocs.
SECTION /. The Portland Water Company are
authorized to lay down in and through the streets
the City of Portland and to take up and repair all
such pipes, aqueducts and fixtures as may be neces-
sary for Il objects of their incorporation, subject
to all the requirements OF their charter and The at
ditonal act app owed February ID, $685. and to the
conditions of the GLOWING agreement which is
hereby incorporated into this Ordinance as part
thereof, and as condition of the consent thereby
given.
This Memorandum IF an agreement made and en-
tered into at Portland, this twenty eighth day OF
FEBRUARY, A. D, 1868, by and between the City OF
Portland OF the first part, and the Portland Water
Co., a 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 labi tiles imposed in
the Charter OF said Company, which are as follows,
viz:
The aid 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 az
may be necessary tor the objects OF their incorpora
ton, the consent of the City Council being given
thereto under the following Restrictions and regula-
tons, and subject to the following agreemens
said Company shall be liable in ali cases to repay
to the City all sums OF money that sa d City may be
| obliged to pay on any judgment recovered against
sad City fer damages oceasioned by any obstruc-
tons, or taking up displacement OF any street by
said company whatever, with without the consent
OF the City Council, together with counsel fees and
| other expenses incurred by said City in defending
any suit to recover damages as aforesaid, with in-
terest on the same, TO be recovered in action fo
money paid to the use OF sId company; and wheIi-
the company shall lay down any pipes or aqueA
dues in any streets, or make any alteration re-
pair in their works in any street, they shall cause TIE
Ime to be done with as little obstruction to tie
| public travel as may be practicable, and shall al
| their own expense, without unnecess lry delaf,
| cause the earth and pavement removed by them TO
In in frnpn fhnU rnt II
any case obstruct or impair the OF any private OF
| public di ain, OF common sewer reservoir or gas
pipe, out said company shall have the right to cross
or, when necessary, change the direction OF any
private draia in such not to obstruct OF
impair the use there # beng liable for any injury
occa, Toned by any such crossing alteration tile
owner thereof, or any other person Injured, in
| ton on the case.
| The sad company on its part, doth hereby co4e-
nant and a4ree with said City as follows:
First Said corporation shall furnish at all times
to the City of Portland. without charge to The CITY
for use in the pnblic buildings and school houses
the City, and for the extinguishmcnt of fires and
other strictly municipal purposes, such amount and
volume o water as may be neeifal therefor; the
necessary service pip,s and hydrants for iii trbu.
ton thereof for the purposes aforesaid being tur-
nished, aiI and connected with the pipes of this
company at the exl en,e Of the Ity, and will alsc
| supply upon the same conditions, free from chars
to the City, the water Tor three public fountains, the
regulation Of the supply OF water for the fountains
to be under the joint control of The Water Commis
sioners of the City, and the President OF the Com.
pany.
|
City from Sebago Lake, bs a twenty inch hydraulic
main. so as to supply tie hydrant>, wi hin two YEAR
from Janua i'st, A. d. 1e6s.
| Ihird.-A Reservoir or Reservoirs shall be con.
structed on Bramha rs or Munioy Hills of the ca
pa ity OF 16 90 100 gallons. and the higher eleva
tons On Bramha:l ami Munjoy sha be supplied b,
| sand pipe or by gravltauon directly from Thu
| mains, in manner satisfactory to the Engineer o
the City. The capacity OF the Reservoirs snail b.
in reased from time t. time when necessary to NEE
the quirements OF incl eased consumption,
FOnrth,-For City distribution, in addition to tn
twenty inch mains, there shall be not less than 90
feet of sixteen inch pipe, 5000 feet Of twelve incl
pipe 5000 feet of ten inch pipe 10000 feet OF eie
inch pipe, 10000 feet of six inch pipe, and TO- 600
| of four inch pipe.
Etth.-ln the event of reasonable ground OF com
plaiit of want OF supply to sparseiy populate
portions of the City, the City Council shall decid
upon the feasibility and necessity, and the compan
shall lay its mains wherever the City Council shal
decide it reasonable to require it under all the cir
cumstances of the case.
SirM.-The rate charged to the water takers sha
be reasonable as compared with the rates in othe
cities, with due consideration to the cost and In
come OF the works. and in case Of excessive ex
orbtaHt rates, shall ne liable to correction by tn
Supreme Judicial Court, under the equity power
conferred on the Court by the act of February l4ti
1885, and for manufactures and other similar larg
consumers the maximum rates shall be fixed by til
City and the Company, and in case oil their disagree
ment by thr @ commissioners appointed by th
| Supreme Judicial Court.
The works shall be constructed under the super
vision of engineer appointed by the City, VIII
shall confer with the engineer of the company as t
| work progresses, and in case ct disagreement
third engineer shall be selected, whose decision sha
be final.
In witness whereof, the said Pouland, Water c.
hath hereto, by its President, thereto duly artho
. lied, affixed the name and seal OF said Compan!
the assent OF said City beng given in the Urdiran(
in which this agreement is Incorporated.
u Prttssident. ! of tie Co,
Approved Marc" 4 AUG o. i, sgEYFss, Mayor.