The Albany register. [volume] (Albany, Or.) 1868-18??, 1873-11-26

| anV depfh the said Company Snail ueslr0
| Provided, That for any and all distances
| that II may exceed seven and one-half u "
feet in depth it shall be substantially Gov
cred.
Sec. 4. That said Company shall be al.
lowed and have the privilege and right
| 10 dig, excavate and construct said water
ditch on and along the. said streets, and
for that purpose to occupy and use fOr a
sufficient and reasonable length Of time TO
complete the same, so much OF the said
streets as shall be necessary, and at all
times after the completion of said wafer
ditch that said Company shall have the
right to occupy and use for that purpose
so much of said streets whereOn said water
ditch is made, as shall be necessary for re-
pairing said water ditch, or keeping 1t in
repair.
Sec. 5. That the said Company shall
have the right to build fumes, bulkheads
or embankments, through low places,
sloughs or swales, on said street where the
same shall be necessary, or the said Com
pany may desire, along the line Of said
water ditch to cOnflne the water therein
within the channel in the center of said
streets.
Sec. 6. That said Company shall have
the right to turn into, and cause to flow
through said water ditch, at oil times and
continually, such quantity or depth of
water as the same viii hold and convey,
without overfllowing or flooding streets
or property outside of its channel.
Sec. Z. That it shall be the duty Of said
Company, after completing said water
ditch, to remove the dirt or other materi-
oil from along each side thereof, and to
grade and leave the streets along each side
thereof in as good condition for travel as
before making the ditch, md through all
low places, sl0ughs or swales, where said
water ditch shall he made, where there Is
any embankment, bulkhead or flume, the
said Company shall 80 grade or prepare the
street on each side thereof as to leave it in
as good condition for travel as before the
water ditch was made.
Sec. 8. That at all the street crossings
or intersections of the streets on which
said water ditch is dug, with other streets
within the city of Albany, said Company
shall build and keep In repair, at all times,
good and sufficient bridges; any and all
such bridges to be built by said Company,
at the cost and expense of the Company,
and TO he for public use. The time when
and the manner in which said bridges
shall be built, and also tine size and dimen-
be as the Common Council of the city of
Albany shall from time to time, order and
direct.
Sec. Q. That at all places were said water
ditch shall cross any slough, swale or low
place, along which water may flow, on the
route of said water ditch through the city,
the said Company shall provide a way for
all water that may flow many such slough,
swale or low place, to either pass into or
under said water ditch, so rs not 10 cause
an overflow Of the water in any such
slough, swale or low place, upon any street
or property.
Sec. 10. That the people of the city Of
Albany shall have the right at all times to |
have free access TO the water in said water |
ditch, to use thereof for any purpose. cx- |
ceDt pronelling machinery; PyOrided, That |
neither the city nor any person or persons |
within the city shall have any right or be |
allowed to take or conduct, lead or rconvey, |
any water out of said water ditch through |
or by means Of any ditch, sewer, pine, Or
conductor of any kind, without first OBJ
tanning the right from the said Company;
Provided further, that water may be taken
from the said Ditch or Canal for the pur-
pose of extinguishing fires In said city of
Albany, in any way or manner the Fire
Department OF said city may choose, dur
ing the prevalence of such fire.
Sec. II. That it shall at all times be the /
duty of said Company to so keep the said
water ditch in such substantial condition
and repair that 1t shall not break its
|
within the city; an" at the place
where the said water ditch shall flow over
the banks and fall into the Willamette Riv-
er and the CalipOoia creek, the said Com
nany shall make and keep the same so Sc
cure, by bulkheads, fumes or otherwise,
as that no damage shall be caused to prom
erty or the streets at said points on said
banks.
Sec. 12 That ii shall not be lawful for
said Company, or any person or persons
within the limits of the city of Albany, TO
cast or deposit into said water ditch, any
dead animals or any filth or rubbish of
any kind whatever.
Sec 13 That any persons violating the
of section l2 Of this Ordinance,
shall be liable to prosecution before the
Recorder Of this city, and upon convic-
lion thereof, shall pay fine of not less
than five nor more than fifty dollars.
SEC. II. This ordinance to take effect
md be in force from and after five days
rom Its publication.
Passed the Council November 29d, 1878.
Approved November 22d, 1873.
COLL. VAN CLEVE. Mayor.
Jos. HANNoN, City Recorder.