The Portland daily press., 1868-03-12


Council Ct tie Citg Of Portland, IN Csfy Council
assembled, 0sJoAorS.
SECTION l.. The Portland Water Company are
authorized 10 lay dow in and through the Streets OF
the City Of Portland, and t. take up and repar ali
such pipes, aqueducts and fixtures as may be neces-
saf; Tor Il oosecis o. their hctrporaion, subject
ditfonal act app owed February H. 1865 and to the
conditions of the olluUiDg agreement which rs
heleby incorporated inio tits Ordinance as n part
thereof, and as condition of the consent thereby
given.
II is Memorandum # an asreemep made and en-
tered into Port and, this went, eighth day OF
Fe ruary, A. ID, 1868, by and between the Civ OF
Portland OF The inst part, aud the Portland Water
CO., a corporation established and organized under
the laws OF the State of Maine, parry Of the second
part, winesscth:
TGat In consideration that the City OF Portland
doth hereby cons Mt that The said Portland Water
Company may lay down its mains and pines in the
Strees of he City OF PORTLAND, subject to all the
conditions and limit atoms and iabliies imposed in
me Charter OF SAID Company, which as follows,
VIZ: E----. - '.--fe rvr
The raid Company are authorized 10 Law down in
and through the streets OF said ity and to take up
and repair all such Pipes, aqueducts aud fixtures
may be necessary tOr the objects their ineorpora.
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 al cases to repay
to the City all sums OF money that So City NAV be
obliged to pay on any judgment recovered against
sad City fer damages oceasi1ned by any obstruC-
tons, Or taking up displacement OF any street by
said company whaev T, with OF without the consent
oil the City Council, together with counsel fees and
other expenses incurred by said City in deIen ing
any suit to recover damages as aforesaid with in
terest on the same to be recovered in action for
money paid to the 9se Of SAD eompany and when
ducts in any streets, make any alteration or re-
pair in their works in any street. they shall cause the
SINE to be done with as little obstruction to the
public travel may be practicable, and shall at
their own expense, without unnecess lry DELAY
cause the earth and pavement removed by them TO
hoy will in
any case obstruct impair the OF any private or
public DIAM, OF common sewer or reservoir or gas
pipe, out said company hail have the right to cross
Or, when necessary, 10 change the direction OF any
private draia in such manner not TO obstruct or
impair the use tiereaf; beng liable for any injury
occa>loned by any such crossing alteration the
owner thereof or any other person injured, in ac
ton on the case
The SAID company ON its part, doth hereby cove
nant and a2ree with said City as follows: -
FirSt-Said corporation shall furnish at all times
to the City of Portland. without charge to the City,
tor in the pnbllc buildings and school houses OF
the City, and for the extinguishment of fires and
other strictly municipal purposes, such amount and
volume o. water as may be needful therefor; the
necessary service pipes and hydrants for di tribu-
ton thereof for the purposes aforesaid being iur-
nshed, laid and connected with the pipes of this
company at the expen.e Of the CITY and will also
supply upon the same conditions, free from char &c
to the City, the water three public fountains the
regulation Of the supply OF water for the fountains
to be under the joint control Of the Water Commls.
sioners of the City, and the President of the Com
pany. $50 aFzsfs q
Second.-The water shall be introduced into the
City from Sebago Lake, bv a twenty inch hydraulic
MAN, 50 as to supply the hydrant, wi hin two years
from January first, A. ID. 1s6S. g slA s44s&&
I.trd.--A Reservoir or Reservoirs shall be con-
structed on Bramhail's Munioy Hills, of the ca
pacity OF 16 900 gallons. and the higher eIeva
tons on Bramha,l and Munioy shall be supplied by
sand pipe OF by gravtation directly rom the
mains, i'll manner satisfactory to the Engineer OF
the CITY,. The capacity of the Reservoirs shal be
Increased from tine to time when necessary to meet
the r. qulrements OF incl eased consumption.
FOarth.-For City distribution, in addition to the
twenty inch mains, there shall be not less than so
feet of sixteen neh pipe, 5G00 feet OF twelve inch
pipe, 50Oo feet OF ten inch pipe 10000 feet ofeight
inch pipe 10000 feet of six inch pipe, and l0oO0
of four inch pipe. E-ns saaanssia
sF.fdh.-In the event of reasonable ground OF COM
pla It Of want supply to more palsely populated
portions of the City, the City Council shall decide
upon the feasibility and necessity, and the company
snail lay IFS mains wherever the City Council shall
decide t reasonable to require it under all the cir
cumstaEces of the case. -a tsaiA - 4taa4a %
Sirth.-The rate charged to the water takers shall
be reasonable as compared with the rates in other
cities, with due consideration to the cost and in
come CT the works; In case of excessive or ex-
brilliant rates. shall De liable to correction by the
Supreme Judicial Court, under the equity powers
conferred on the Court by the act Of February 18th,
1858, and for manufactures and other similar large
consumers the maximum rates shall be fixed by the
City and the Company, and in OF their disagree
ment by thr e 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 engn Ger of the mpany the
work progresses and in case OF disagreement a
third engineer shall be selected whose decision shall
be final. -Ht#1 eTfsf otfW Ff
In witness whereof, the said Portland Water Go.
hath hereto, by its President, thereto duly thor
lied, affixed The name and seal of said Company,
the assent said City beng given in the UrdpaIice
in which this agreements incorporated. s.vsea
The PORTLAND WATER Co., BY Corporate
&. f. SHEPLEY, Seal
Approved March Sd. is6s.