Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-10-03

i fire protection, except on account
t breakAge mentioned in Sec. 8 here
f, and should there at any time be
N entire suspension of water supply ]
or fire protection without the use of
Movable fire engines, then all obliga-
ions of said city to said Company
or rental, shall cease during such .
{,
The rental accruing to said Compa- d
" under this section, shall be due
md payable semi-annnally, upon the !.
st day Of January and LIST day of Ju- :
y. :
SECTION Z. That In consideration =
If the rights, franchises and privilcg- :
IS hereby granted unto said COmpa-
~, and for the further consideration :
If the annual rental to be paid by said !
,ity for the fire by drants as aforesaid, |.
he said Company, its successors or
assigns shall give unto the said city, at
I'll times, the free and unobstructed
use, for fire purposes, of any and all ,
The fire hydrants, located, owned and
by the said Company, as
aforesaid; and the city and its prop
er officers and employees, shall have
the right at all times, for the purpose
of extinguishing fires or for practice,
for the use of the city fire department
in its care of fire apparatus and for
the use of city buildings as provided
in Sec. 8 hereof, to take water from
said pipes and hydrants without any
cost or charge to said city over and
above the annual rental as aforesaid.
SECTION 8. And that at all times,
in case Of fire alarm the said Compa-
ny shall cause sufficient pressure to
be kept up at the fire hydrants in use
or to be used so as to throw at one
and the same time, seven one and
quarter inch streams to the hight of
loo feet on the medium elevation of
said city or four one inch streams at
one and the same time to the hight of
IS feet at any point aboye the medi-
UNI elevation of said city.
That said Company shall within
one year construct fire proof build
ings within which their pumps and
steam machinery shall be situated.
They shall at all times provide, and
have in readiness for use, reserve
pump and boiler and engine ofsufi-
Gent capacity to run said works by
steam in the event of failure of water
power; that they shall use all other
precautions usual and proper to avoid
any temporary failure of the neccssa-
| ry water supply for fire purposes.
SEC. 8. In consideration of the
franchises and privileges herein gran
ted said Company and the rental paid
by said city, said Company shall fnrn-
ish, free of charge, (subject to the
rules and restrictions of private con-
sumers) to all public school buildings
situated along the line of mains, upon
the request of the proper school off,
GERS, water necessary and proper for
use in said buildings, also water for
as many public drinking hydrants or
fountains as may be erected by the
city or charitable societies (pro-.
viding every such hydrant or foun-
tain shall cost not less than $4,000,
and for not more than two public
7 troughs for watering stock-provid-
: ed the same be substantially and per-
manently built-and also water for
city buildings and station houses,
and one public fountain, provided
said Company shall be at no expense
, for piping for any of said purposes.
They shall furnish to the citizens of
, said city living along the streets or
other places upon which any of said
, mains are laid, water for domestic
and other purposes at such rates of
rental as shall not exceed the average
, charges for the same privileges in the
cities of the Northwest where water
is furnished by private corporations
Sec. 10. Amy person not authorize
| ed by said Company who shall turn
water on fire hydrants-except said
t city or its proper officers, agents or
: employees for the purpose Of extin-
. gushing fire or for practice as afore-
, said shall be deemed guilty of mis-
) demeanor and on conviction thereof
before any court of competent juris-
l diction shall forfeit and pay fine OF
not less than five or more than one
hundred dollars-or be imprisoned
. not to exceed thirty days-and shall
r pay the costs of prosecution.
. SEC. IL. Said city hereby grants to
said Company and confers upon the
, said company their associates and as
i signs all its rights, powers and privi-
) lege under the laws of the State Of
I Iowa to condemn and take private
. property for the purposes of erecting
thereon, maintaining or operating
: said Water Works-said Company
r paying all cost and expenses thereof
\ 1 ~ 4 81 ~ Il, AZ n
the life of this franchise pass and en-
] force all ordinances that are usua
Y and proper to protect the rights and
interests of said Company its success.
h ors and assigns and to nrasarus' end
maintain the purity OF the water
: from whence the supply shall be ia.
; ken. And the City Council shall
!; have power and authority to pass all
8 ordinances necessary to compel said
D Company to perform its duties and
: obligations contained in this ordi-
!, nance.
: SEC. IL. This ordinance shall not
I be construed so as to require the sale
Il city Of Ottumwa to work any street
! alley, sidewalk, public square o.
I'll place to the grade which 10 or shall
a be established before the said main
Q and pipes are laid or to protect then
r from frost after the same are laid.
Ill Sec. 13. The franchise, rights ant
J, privileges hereby granted to the sait
/ is. l.. Wiley & Co., their associates
n successors or assigns, are granted b,
i the city and accepted by the said s
II L. Wiley u Co., for themselves, thei
q associates, successors and assigns, up
"a on the express condition and agree
+ ment that they shall never make an,
l. claim directly or indirectly, whethe
IF they complete said Water Power I'm
d provement of the Ottumwa Waite
e Power Company or not, against tn
l. said city by reason of q contract o
d agreement entered into between sal,
e city and said Ottumwa Water Powe
e Company whereby said city agreed t
n purchase water power in perpetuit
If and issue it's bonds therefor to said OF
'. tumwa Water Power Company, or b,
d reason of any ordinance of said cit,
d heretofore passed in pursuance o
J. said agreement or understanding.
h SEC. IA. The franchise and right
v and privileges granted by this ordi
nance are upon the express condition
"a that said s. L. Wiley & Co., shall
d within ten days after the passage 0
II this ordinance, in good faith enter in
e to contract with the Ottumwa Waite
j. Power Company upon such terms .
,e shall be agreed upon between them
70 to so far complete the said Company
Water Power Improvement as to rem
ts der it available for use, and shall car
)Olry out said contract or agreement un
% less prevented therefrom by sufficien
l. causes over which they shall have n
l. control.
20 Sec. Is. The franchise and al
Is rights aud privileges granted by thi
" ordinance shall cease and terminal
e if not accepted in writing IS provides
70 in Section 5 hereof, or upon the fail
"a ure on the part Of said Company
A. their associates, successors or assign
a. to comply with all the requirements Q
Dr. this ordinance.