Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1877-08-29
IoFFICIALl
Council Proceedings.

ofFlClAL'J
Council Proceedings.
The Common Council of the city of
Alpena met in special session at the
Council Room, on Wednesday evening,
August 22nd, 1877, and was called to or
der at 7:30 o'clock by the Mayor.
PREsENT.-A. n. Spratt, Mayor; A.
r. Mcdonald, Recorder, and Aldermen
Brown, Gillett, Healy, Rice and Tins.
observation-disclosures Rayburn.
The Mayor stated that the meeting
was called for the purpose of taking
final action oil the proposition Of Walter
Z. Hanchett, Esq, for bringing water
from the Lower South Branch, above
the mouth of Wolf Creek, in Alpena
county, TO the city, for the use OF the
city and its citizens. He also presented
draft of contract drawn by the City
Attorney in accordance with said pro-
position. On motion the contract was
read in full by the Recorder, afterwhich
it was moved by Alderman Gillett,
seconded by Alderman Brown, that the
Mayor and Recorder be and are hereby
directed and authorized TO execute in
duplicate the contract, Just read by the
Recorder, with WalterP llanchett, ESQ,
for bringing water from the Lower
South Branch, above the mouth of Wolf
Creek in Alpena county, for the supply
ing of this city and its inhabitants with
water for fire and domestic purposes.
Resolution adopted by the following
vote: Ayes-Brown, Gillett, Healy,
Rice and Tins. Nays-None. Carried.
Whereupon said contract was exc
cuted in duplicate by the Mayor and Re
corder for the city Of Alpena, of the
first part, and Walter p. Hanchett, Of
the second part in the presence of j. Is.
futile and Thomas Collins as witnesses
Said contract as approved and ratified
by the Council is in the following words
aud figures, to wit:
This agreement made and entered into this
22nd day Of August, in the year OF our LORD
one thousand eight hundred and seyenty-seven,
between the city Of Alpena, municipal corpora
ton in the county Of Alpena, state OF Michigan,
by it, Mayor, Recorder. and Aldermen who con-
stitute the Common Council of said city party
Of the first part, and Walter I. Hanchett, OF the
city Of Rochester, state OF New York, party oil
the second part.
MIrNEssrrH, That whereas the Common
Council Of the party of the first part hath by
resolution declared that 10 Is eNpcdient 10 have
constructed water works for the purpose OF
supplying said city and the inhabitants thereof
with water, but that IL is ineNpedient for sad
city under the power granted In It's charter 10
build such works.
The said party Of the first part therefore, IN
order TO encourage aud promote the introduce
ton of water from the Lowe South Branch,
above the mouth OF Wolf Crock ~ said county OF
Alpcna sufficient 90 supply the said city and It's
inhabitants with water for public and private
uses, have granted and agreed, aud by these pres
ents do grant and agree TO and with the SAID party
Of tho second part his heirs assigns and corporate
associates that he aud they shall have the ex,
elusive right and privilege OF laying down ana
maintaining water mains and water pipes IN the
streets. alleys and public places of said city, for
the introduction of water from sud south Branch
for The purpnao aforesaid for and during me term
of thir v years from and after the date OF tins
agreement. such grant and privilege. however,
20 be held and enjoyed subject 10 the faithful per-
Torrance, by said second party, of the covenants,
conditions. terms ana lluUtlOnS neltln Conlhln-
ed, and which the Common Council Of SAID city
may hereafter establish and ordaln by ordinance
or otherwise: TO regulate the manner Of breaking
ground and eXcayatng; 20 lay down and repair
the said mains and plpes the location and use OF
hydTHnts and Tor the payment OF any damage
which may be sustained or liability incurred by
reason Of tho use and occupation Of the said
stree T. alleys or public places by the said party
of the second part. his assigns or ms corporate
associates As aforesaid.
And the said party Of the first part further
agrees that during tho term Of thirty years
from and after the introduction of the water a.
aforesaid they will take and use water from nj
least eighty hydrauts or fire plugs OF such size
and TO be located az such points or places III said
city rs the Common Council Of snid city may
designate and determine by resolution or ordin-
ance. and 20 pay for the use of the same the sum
of FIVE thousand dollars per annum, payable semi
annually. TO commence from the date Of the ac-
ceptance OF said water works by said city Of Al
pena,
his heirs assigns and associates, hereby covenants
aud algrccs that DE will forthwith undertake the
enterprise aforesaid, and will actually commence
work on the same within three months from the
date OF this agreement, and that within one year
thereafter he will have the same completed by
having laid down main pipe from reservoir 90
city, and mains through the city, and suitable
pipes through and along such streets IN said city
rs may be designated by the Common Council TO
the points which may be designated for hydrants
or fire plugs as aforesaid. Provided, that the
average between said fire plugs shall not exceed
five hundred icet, the measurement 20 commence
at the first plug erected on the main pipe. Such
pipes and hydrants shall at all times be kept in
good order aud repair at the sole cost of the party
OF the second part.
The snid party OF the second part. for himself
his heirs, and assigns, and associates, hereby
covenants and agrees that he will and nt all times
during the period of thirty years rs aforesaid,
shall maintain and keep an ample and constant
supply of water, from the source aforesaid, for
he ugpp f piuItt lNdrnuts "a uhOVo mentioned
and such supply 20 have sufficient force and pow
or for efficient fire purposes, and for such addt-
tion number Of hydrants ~ the Common Council
may from time 10 time require and order, Mt the
rate of forty dollars per annum for each such
additional hydrant or fire plug
The said second party, for himself, his
sirs, assigns, and associates, further covenants
and agrees that he will and they at all times du-
ring the period aforesaid, shall maintain and
keen an ample and constant supply OF water
from the source aforesaid, sufficient 10 supply all
the inhabitants Of said city who may desire the
same for domestic purposes OF for manufactures,
and 70 furnish and supply the same AT fair
rental and under reasonable regulations TO be
submitted 20 the Common Council and approved
by them. Provided, however, that the said party
Of the second part shall not be required 70 fur
nish water for private use on any street beyond
the outmost Ere plug ON the same.
The said party of the Second part, for himself,
his heirs assigns and associates further covenants
aud agrees that said water works will be Insufficient
size, power and capacity 10 supply sufficient
water FOR ten tets, Ill running at one time, and
each and all capable of doing good execution,
having sufficient force and power for efficient
work IN extiuguishing fires, continually during
the term aforesaid Provided, however, that each
Jet shall not be required 20 be more than one and
a quarter inches in diameter.
The said party of the second part further
covenants and agrees that he Will, and his
heirs, and ASSOCIATES, shall introduce and
furnish free Of charge, during the term
afordsaid. water 10 and for the use of all
thn ntf
for municipal purposes all public school build |
ings, city Offices parks, public fountains, school
yards, iails and court houses, condition, how
ever, that no tax be imposed upon the said water