The Portland daily press., 1868-03-11

Be it ordained ty The Mayor. Aldermen and Common
Council the GU Of Portland, IN City Council
assembled, dsJoliors.
SECTION !. The Portland Water Company are
autn0rlzed 10 lay down in and through the streets
the City OF Portland, and to take up and repair ali
snch pipes aqueducts and fixtures as may be neces-
sart Tor II objects OF their incorporation subject
to oil the requirement OF their CHI rter and The al
ditonal act app owed February IA, 1868 and to the
hereby incorporated into tbs Ordinance as mart
thereof, and as eon1ition of the consent thereby
| given.
This Memorandum an agreement made and an
tered into al Port and, this twenty eighth day of
re 'ruary, A. D, 1868, by and between the City of
Q, fe s Pat and the Portland Water
IRE laws OF the State of Maine, party Of the second
| part, witnesseth:
doth hereby consent that The said Portland Water
COMPANY may lay down its mains and pipes in the
Streeis OF the city OF Portland, subject TO all the
conditions and limitations and liab lilies mposed in
VIZ: "
| The aid Company are authorized to Law down in
and through the streets said ity and to take up
and repair all such pipes aqueducs and fixtures as
may be necessary for the objects their incorpora.
tlon the consent of the City Council being given
thereto under the following Restrictions and regua-
Said Camnanv sb aH 'h he i ab, agreemens
10 the City all sums OF money that City NAV be
Obliged to pay on any judgment recovered against
tons, or taking up displacement OF any street by
said company whatever, with without the consent
VI tuc SiIy NUuuCll, together with Counsel fees
other expenses incurred by said Civ in deten in
any suit to recover damages as aforesaid with in-
terest on the same, TO be recovered in an action tor
money paid to the use OF said company; and when
ever the company shall lay down any pipes or aaue-
dues in any streets, or make any alteration or re-
pair In their works u any street, thew shall cause the
same to be done with as little obstruction to tie
public travel as may he practicable, aud shall at
their own expense, without unnecessary delay,
cause the earth and pavement removed by them TO
be replace d in proper condition.; they will NOT in
any case obsttuct or impair the any private or
publlc daln or common sewer or reservoir or Gas
pipe out said company shall have the right to cross
or, when necessary TO change the direction OF any
priVate drah IN such manner as not to obstruct
impair tue use there 4; beng liable for any injury
occasioned 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 aeree with said City as follows:
20 ts To- M corporation shall furnish at all times
for use in the pnblic buildings school houses OF
the City, and for the extiDgushmcnt of fires and
volume OF water as may be needful therefor; the
necessary service pipes and hydrants for di, trbn-
ton thereof for the purposes aforesaid being tur-
nished, aiI and connected with the pipes of this
company at the exIen>e Of the City, and will also
supply upon the same conditions, fee from charge
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-
pany.
Second.-The water shall be introduced into the
CITY from Sebago Lake, by a twenty inch hydraulic
from January first, A. d. Ie68.
1hrd-A Reservoir or Reservoirs shall be con-
structed on Brlmhalso or Munioy Hills, of the ca
pacity OF 1G J0u0 gallons. and the higher eleya
lions on Bramhall ami Munjoy shall be supplied by
sand 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 meet
the re qulrements OF incl eased consumption.
FouTth.-For City distribution, in addition to the
twenty inch mains, there shall be not less than so
feet Of o sixteen inch pipe 5000 feet Of twelve inch
fnn inch ,ata IN Toak IL.
inch pipe 900 feet of six inch pipe and 600 teet
OF four inch pipe.
EFyM.-In the event of reasonable ground OF COM
plal it OF want OF supply to more sparscly populated
portions Of the City, the City Council shall decide
upon the feasibility and necessity and the company
shall lay its mains wherever the City Council shall
declue IL reasonable to require 1t under all the Cir
cumstances of the case.
StTM.-Ihe rate charged to the water takers shall
DE reasonable as compared with the rates in other
cities, with due consideration to the and in
come OF the WORKS; ana In case of excessive or ex-
orbitant rates, shall be liable to correction by the
supreme Judicial Court, under the equity powers
conferred on the Court by the act of FEBRUARY 14th
1868, anu Or manufactures and other similar large
consumers the maximum rates shall be fixed by the
City and the Company, and in oil their disagree
ment by thrse commissioners appointed BY the
Supreme Judicial Court.
The works Shall be constructed under the SUPER
vision of an engineer appointed by the City, who
shall confer with the engineer of the c. mpany as the
work progresses, and In case OF disagreement q
third engineer shall be selected whose decision shall
be final.
In witness whereof, the said Portland Water Co.
hath hereto, by its President, thereto duly thor
lied, affixed the name and seal OF said Company
the assent OF said City beng given in the Criiralce
in which this agreement is Incorporated.
THE PORTLAND WATER Co, byl CORPORATE
President. Of the ll't Co.
Approved March Sd. 1858,
~ c.utua