The Portland daily press., 1868-03-16

rs W.
BE Il ordained by the Mayor, Aldermen and Common
Council Of the Cty Of Portland, IN City Council
assembled, as Jott0ws.
SECTION I. The Portland Water COMPANY are
authorzed TO lay down in and through the streets OF
the City of Portland, and to take up and renar ali
such pipes, aquedues and fixtures as NAV be neces-
sary Tor I'll objects their incorporation subject
to all the requirements OF their charter and the All
uloiial act app owed February Il, 1865 and to the
conditions of the GLOWING AGREEMENT which is
hereby incorpoI ated into this Ordinance as n mart
thereof and as a condition of The consent tberahv
given. --ifLa
This Memorandum Of an agreement made and en-
tered into az Portland, this twenty eighth day of
re ruary, A. ID, 1868, by and between the City of
Portland, OF the first part and the Portland Water
Co.. corporation established and organized under
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 liabilities imposed in
viz:
The said Company are authorized to lay down in
and through the streets OF said City and to take up
ana repair all such pipes, aqueducts and fixtures as
may be necessary Tor the objects OF their ncorpora-
ton, the consent Of the City Council being given
TONS. and subject to the following agreements
Said Company shall be liable in ali cases to repay
to the City all sums of money that said City may be
oiDlgeu 10 pay on any judgment recovered against
SAID City for damages occasioned by any obstrue-
tons, or taking up displacement OF any street by
sdlu Conpdny WEdleVSf, Win or without the
oil the City Council together with Counsel fses and
other expenses incurred by said City in defending
any suit to recover damages aforesaid, with in
terest on the same to be recovered in an action for
money paid to the use oil said company; and when
ever the company shall lay down any pipes or aaue-
ducts in any streets, or make any alteration or re-
pair IN their works in any street, they shall cause the
same to be done with as little obstruction to the
public travel as may be practicable, and shall at
their own expense, without unnecessary delay
cause the earth and pavement removed by them to
pc replaced IN proper condition; they will not in
any case obstruct OF impair the use OF any private
public lain, 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 drain IN such manner to obstruct or
impair the use thereof; beng liable for any injury
occasioned by any such crossing or alteration TO the
ton on the case.
The said company on its part, doth hereby cove
nant and agree with said City as folows
btFSt.-Said corporation shall furnish at all times
to the City OF Portland without charge to The City,
for use in the pnbc buildings and school houses OF
the City, and for the extinguishment of fires and
otner strictly municipal purposes, such amount and
volume oil water as may be needful therefor; the
necessary service pipes and hydrants for distrbu-
ton thereof for the purposes aforesaid being FUR
nished, laid and connected with the pipes of this
company at the expense Of the City, and will also
to the City, the water Tor three public fountains he
regulation of the supply OF water for the fountains
to be under the Joint control of the Water Commits.
pany.
second.-The water shall be introduced into the
CITY from Sebago Lake, by twenty inch hydraulic
main. to supply the hydrants, wi hin two years
from January first, A. d. 1s6s
1hTd.-A Reservoir or Reservoirs shall be con-
structed ON Bramhal's or Munioy Hills, of the ca
paety OF 16 100000 gallons and the higher eleya
lions on Bramhall and Munioy shall be supplied by
Sand pipe or by gravitation directly from the
mains, in a 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 requirements OF incl eased consumption.
F0arth-For City distribution, in addition to the
twenty inch mans there shall be not less than $3.50
feet OF sixteen inch pipe 5000 feet of twelve inch
pipe, 5000 feet of ten inch pipe, 10000 feet of eight
men pipe 4OoOO feet OF six inch pipe and 10000 feet
OF four inch pipe.
s.FJM.-ln the event of reasonable ground OF COM
palnt OF want of supply to sparsely 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
decide it reasonable to require it under all the cir
cumstances of the case.
SirA.-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 OF the works; and in of excessive or ex-
orbitant rates, shall De liable to correction by the
Supreme Judicial Court, under the equity powers
conferred on the Court by the act of February 1ith
1868, and for manufactures and other similar large
consumers the maximum rates shall be fixed by the
City and the Company, and in case their disagree
ment by thr2e commissioners appointed nv the
| Supreme Judicial Court.
The works shall be constructed under the super
VISION OF an engineer appointed by the City, who
snail confer with the engineer of the company as the
work progresses, and in OF disagreement a
third engineer shall be selected whose decision shall
be final.
| In witness Whereof the said Portland Water 90.
hath hereto, by its President thereto duly aathor-
ized, ahlxed the name and seal Of said Company,
the assent OF said City beng given in the Ordinance
| in which this agreement is Incorporated.
HE PORTLAND WATER Co., by) Corporate
q. +. SHEPLEY, Seal
Approved March Sd. 1868.
AI1G. f. STEVENS Mavor