The Portland daily press., 1868-03-14

BE d ordained b. the Mayor. aldermen and Con,mcs.
Council Ct tie CITY Of Portland in Cifv Couae Il
assembled, dsJotto,cS.
SECTION /. The Portland Water Companv ara
authorized TO lay down in and through the Streets ot
tne CITY OF Portland and t. take up and repair all
such pipes, aqueducts and fixtures as NAV he neces
sar. for Il objects OF their Incorporation, subject
to all the requirements OF their charter and The ~
ditonai act app owed February IA, 1865 and to the
conditions of The GLOWING agreement which rs
hereby incorporate INFO this Ordinance as a part
thereof, and as a CONDITION of the consent thereby
given.
Tbis Memorandum If an agreemept m AIDE and en-
tered into at Portland, this twenty eighth day of
Fe 'ruary, A. d, 1863, by and between the Civ OF
Portland OF The first part, and the Portland Water
Co., corporation established and organized under
ire laws OF the State OF Maine, party of the second
TIat 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
SLeeis OF me ,lty Of PORTLAND, subject to all the
cOqdIons and limita tons and iab lies imposed in
me Charter OF sand Company, which as follows
viz: =
The said Company are authorized to lay down in
and through the streets said ity and to take up
and repair all such pipes aqueduets and fixtures ~
may be necessary for the objects or their ipcorpora-
ton, the consent of the City Council being given
Thereto under the following restrictions and regula-
tlons, and subj CT 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 fer damages occasiJned by any obstruc-
TONS or taking up or displacement OF any street by
said company whatev +, with without the consent
Of the City Council together with counsel fees and
other expenses incurred by said City in deen ing
any suit to recover damages as aforesaid with in
terest on the same, to be recovered in action tor
money paid to the use oil said company and when
ever the company shall lay down any pipes or aoue-
dues in any streets, or make any alteration or re-
pair In their works In street, they shall cause the
slme to be done with as little obstruction TO lie
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 10
be replac q in proper condition; they will not in
any case obsti uct or impair the any private or
puolic al am, OF common sewer or reservoir gas
pipe out said company hall have the right to cross
or, when necessary, 10 change the dircc ion OF any
private drain in such manner to obstruct or
impair the use there f; beng liable for any injury
ccasioned by any such crossing 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 a2ree with said City as follows:
Ftrst-Said corporation shall furnish at all times
to the City OF Portland without charge to The CITY,
tor use in the pnbiic buildings and school houses Of
the City, and for the extiDgui>hment of fires and
other strictly municipal purposes, such amount and
volume o. water as may be needfdl therefor; the
necessary service pipes and hydrants for d trbu-
tion thereof for the purposes aforesaid being FUR
nished, laid and connected with the Pipes of this
company at tne expense Of the City, and will also
supply upon the same conditions free from char %
to the City, the water lor three public fountains the
regulation of the supply OF water for the fountains
to be under the joint control of The Water Comm s.
sioners OF the City, and the President OF the Com
pany. ~"
ceCOHus-I ue Wat6r Snali De introduced into the
City from Sebago Lake, bs twenty inch hydraulic
MAN, SO as to supply tue hydrants, wi hin two veal.
from Jdnua Y ti,st, A. d. fs68 1881 tse,-
IhSTd.-A Reservoir Reservoirs shall be con-
structed on Bramha rs or Munioy Hills of the ca
pa;ity of 16 90 900 gallons and the higher eleya
tons On Bramhail ami AIunjoy sha be supplied b,
| sand pipe or by gravltation directly from tbs
mains, in manner satisfactory to the Engineer O
the CITY,. The capacity of the Reservoirs snail b
Increased from time to time wien necessary to meet
the II quirements OF incl eased construction.
| FOurth.-For City distribution, in addition to tn,
twenty inch MAINS there shall be not less than 80
rect OF sixteen inch plpe 5000 feet OF twelve incl
pipe, o0Oo ieet OF ten inch pipe, 10000 feet of eigh
men pipe, 4OoOO feet OF six inch pipe and 200 fee
of four inch pipe.
s-.Fyth.-In the event of reasonable ground OF com
palit oil want oil supply to more sparsey populate,
portions of the City, the City Council shall decid
upon the Utility and necessity and the cOmpan,
sDali lay1ts mains wherever the City Council shall
| cumstances of the case.
| Sich.-The rate charged to the water takers shal
| be reasonable as compared with the rates in othe
| Cities with due consideration to the cost and in
come OF the works; ana Ia case of excessive or OK
Srbitant rates. shall pc liable to correction by tn
| Supreme Judicial Court, under the equity power
conferred on the Court by the act of February nth
| 1868, and for manufactures and other similar lare
consumers the maximum rates shall be fixed by tn
City and the Company, and in oil their disagree
| ment by thr g commissioners appointed by tn
| Supreme Judicial Court. - n I
The works Shall be constructed under the suner
ylslnn OF an engineer appointed by the City, VIII
shaii confer with the engn of the mpany as til
| work progresses, and In case OF disagreement
third engineer shall be selected, whose decision sha
| In witness whereof the said Portland Water G.,
hath hereto, by its President, thereto dull, thor
ized, affixed The name and seal of said Company
the assent OF seid City beng given in the Srlirauc
in which this agreements incorporated.
| q. f. SHEPLEY, Seal
President. of the irst Co.
Approved March 81 1893.
] AUG. Z STEVENS Mayar