The Portland daily press., 1868-03-07

CITY OF PORTLAND.
IN THE YEAR ONE THOUSAND EIGHT HUN
DRIED AND SIXTY EIGHT.
AN ORDINANCE
TO aufhariz ffre Portland Winter & Oln-
pnny to suppl, the City Of Portland
NYath pure Mnfrr.


wath pure water.
Be Il ordained ty The Mayor Aldermen and Connt,,
Council cStae City 81 Portland, in Ctty Council
assembled, as totlorS.
SECTION |. The Portland Water Company are
authorized TO lay down in and through the streets OF
the City of Portland, and t. take up and repair all
such pipes, aqJleducts and fixtures as NAV be neces
sar, Tor 90 ec:s their INCORPORATION subject
70 I'll the req liremen OF their ehrler and he al
ditiona act app owed February IA, 1868. and to the
conditions OF The Glowing agreement which Is
heleby incorporated INTO tiis Ordinance as part
hereof, and as Condition Of the consent thereby
given.
r. is Memorandum # an aereemen made and en-
tered into Portland, this went, EIGHTH day of
te ruary, A. D, 1868, by and between the Ciy of
Portland OF be fist part. and the Portland Water
Co.. a corporation established and organized under
lie laws vi the Stale of Maine parry Of the second
part, giineSscth:
Tnat in consideration that the City OF Portland
doth hereby cons mt that The said Portland Water
Company may lay down lis mains and pipes in the
Streets of The City OF PORTLAND, subject 10 all the
conditions and limitations and abl lilies imposed in
lie Charter OF SAID Company, which are as follows,
VIZ:
The aid Company are authorized to lay down in
and through the streets OF said ty apd to take up
and repair all such pipes, aqneucts and fixtures
may be safy Tor the objects Il cir in orpora
the eto under the following Restrictions and regula
tons, and suhle CT to the Glowing agreemens
to the City all sums OF money that City he
obliged to Eay on any judgment recovered against
tons, OF taking up displacement any street by
said c0mpsny wIa-ey =, with without the consent
oil the City Council together with counsel fees and
other expenses incurred by said City in deien In
any suit to recover dam ges Aforesaid, with in-
terest on the same 10 be recovered IN action for
money paid to the use oil said company; and when
ever the company shall lay down any pipes or aQue-
due in any ST. eets, make any alteration OF
pair in ther works in any street, they shall cause the
nle to be done with little obstruction to III
pubic travel as may be p acticabe, anu shall at
their own expense, without unneaess ny ue!ay,
cause the earth and pavement removed by them 10
he repiac in proper condition; they will not in
any case GbstIuct impair the OF any pliya OF
puoic di ain, or common sewer or reservoir gas
pipe, out slld company hail have the right cross
or, when necessary, 10 change the direction Of any
private draia in such manner 10 obstruct or
impair the use there +; beng liable for any injury
occa oned by any such crossing alteration 10 the
owner thereof, any other person pufe in an ac-
| ton on the
| The SAID company on its part doth hereby cove
nant and rec with said City as follows:
FtrSt.-Said corporation shall furnish at all times
TO the City of Portland. without charge to The City,
for in the public buildings school houses OF
| the City, and for the eXtinguishmunt of fires and
other strictly municipal purposes, such amount and
| volume O water as may be needfdl therefor; the
necessary service pipes aud hydrants for di tribu-
ton thereof for the purposes aforesaid being iur-
nished, aiJ and connected with the pipes of this
| company at the expense of the City, and will also
supply upon the same conditions free from chang
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 Comms
soners of the City, and the President OF the Com
| pany.
Second.-The water shall be introduced into the
| CITY from sebaso Lake, by twenty inch hydraulic
MAN. 50 as to supply the bydrant wi hin two years
| from J4nuaey fist, A. ID. 1k6s.
Ihird.-A Reservoir or Reservoirs shall be con-
| structed on Er;lmhatPs or Mun0y Hills, Of the ca
pasity OF 16 90 1000 gallons and the higher eleya
tons ON BramhaI ami Munjoy shall be Supplied by
| sand pipe or by gravtaton directly rom 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 to meet
| the + quirements of incl eased consumption.
! Bon,fh-For City distribution, in addition to the
twenty inch mans there shall be not less than so %
feet of sixteen inch pipe, 5000 feet OF twelve inch
pipe, 5000 feet OF ten inch pipe 10000 feet of eight
inch pre- 10000 feet OF six inch pe and 900 feet
| of four inch pipe.
FtJfh.-In the evcDt Of reasonable ground o. COM
pai 1t 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
| sDa lay its mains wherever the City Council shall
decide it tsonabe to require 1t under all the cir
| cumstances of the case.
Sirth-The rate charged to the water takers shall
be reasonable compared with the rates in other
| cities with due consideration to the cost and IN
| come OF the works. ana ia OF excessive or ex-
| orbtant rates. shall De liable to correction oy the
| Supreme Judicial Court, under the equity powers
conferred on the Court by The act OF FEBRUARY l4tl
| 1885, and for manufactures and other similar large
consumers the max mum rates shall be fixed by the
lily and the Company and in case OF their dlsdgree-
Hmeht by three commissioners appointed by the
supreme Judicial Court
me works shall be constructed under the super.
VISION Oh an engineer appointed by the City, who
shall confer witt, the enn,lser Of the as tho
VOTE progresses, and In case oil disagreement
third engineer shall be selected sl,a
be final. '7 ~ '
In witness whereof, the said Port ami Water Co
hath hereto, by Its President, thereto duly thor
the assent OF sid City beng given In The rdica,,c
in which this agreement Is Incorporated.
IHE f9 e. r saE M1IEE Co.. by Corporate
President of the thea Co.
| ~ AUG. e. STEVENS. Mayor,