The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1870-08-06
The Water Power Contract,

So many different versions are aaoat a. to the
precise terms of the contract between the city of
Ottawa and Col. w. H. W. Cushnan, in refer
ence to the proposed water power improvement,
that the City Council directed it 10 be published
for public information. Following is an exact
copy of the contract:
THE CONTRACT.
TINS AGREEMENT. made this I'd day Of Au-
gust A. d. 1859, between William II. w. Cush.
man. of Ottawa, Illinois, party of the first part,
aud the City OF Ottawa, in the County Of La
Sale, Illinois, party of the second part, wit
nesseth,-
That whereas the said Cushman has received
from the city OF Ottawa, aforesaid, the bonds of
said city to the amount Of sixty thousand dol
lars, to be used in developing the natural re.
sources of the city, and to be expended in the
improvement of the water power upon the Illi-
nois and Fox rivers within the city aud in the
immediate vicinity thereof, said bonds having
been issued by sand city in pursuance of an ordi.
nance passed by the city council of said city, on
the 10Th day Of June A. d. 1863, entitled IAN
ordinance to provide for loan for municipal
purposes" which was ratified by the voters of
the said city on the Goth day of July A. d. 1859,
and of an ordinance passed by tho city council
OF said city on the 30th day Of Juno A. D. 1869,
entitled IAN ordinance to carry into effect the
ordinance of June 18th, 1869, entitled An ordi.
nance to provide for a loan for municipal pur.
poses''
Now, therefore, in consideration Of the preml.
ses, the said William H. w. Cnshmsn, fer him.
SELF his heirs, executors and administrators doth
by these presents covenant aud agree to and with
the city of Ottawa, aforesaid, that he WILL With
out unreasonable or unnecessary delay, cause "
good and substantial dam to be constructed
across the Illinois river, above the CITY, sufficient
to bring into use all the available water power
of said river at Ottawa, and will construct au&.
cient head and tail races to make such water
power available; said races to Be constructed
and continued to Fox rivaz below the acquedact
and above the island as fact as the same may be
required for actual use and a. fast a. the water
power can be leased at fair and reasonable rates,
and that he will also construct geod, suhstsn-
tial and sufficient dam across the Fox river be-
low the aoqueduct whenever the same shall be
necessary to make available tie water power Of
both rivers at Ottawa, and DO necessary for the
use Of said water power, and whenever the said
water power made available by the construction
OF said dam across Fox river can be leased Ut
fair and reasonable rates, 80 ss to have all the
available Tatsr power of both rivers Vt Ottawa
ready for ss.e rapidly ae called for.
And said Cushman also binds himself, his
heirs, executors and administrators, to and with
said city, that in case said work il not performed
| 10 the extent of constructing da n acgoss the
Illinois river and races to mske water power
thereby created available for praiical use, that
he will return said bonds, or the value thereof,
to the city. and save and keep harmless the said
! city from ali loss account Of tho ssne. or on
account of the interest accruinX thereon, and in
case the work shall be performed to the extent
above indicated, but shall not be completed by
the construction of all the dams and races here
inbetore specified, then said Cushman shall re.
turn to said city pro rata share of said bonds,
or the value thereof, in proportion that the cost
of the work constructed shall bear to the cost Of
that part of the work not constructed. The said
| Cushman to be exonersted from all liability ci
any kind to the city for or on account Of said
bonds when he shall have performed the agree.
ments herein expressed to be performed by him
at tho times stipulated for the performsase Of
the same,-the bonds being appropriated by the
city to secure the completion OF said work, and
without other consideration than the public bsn.
eft resulting to the city thereby. and it is hereby
agreed that nothing in this contract, DOR in the
ordinances therein referred to, shall give to said
city any right title interest or ownership, either
in law or equity, in the said Improvements when
completed according to the conditions and stp
ulations herein contained.
| In witness whereof the said William H. W
Cushman has hereunto set his hand aud seal the
day and year above written.
| WILL H. W. CUsHMAN