Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1878-09-18


It for ten days after being requested
Il so 10 do in writing, under the sea
II of the city of Alpena, then, in sucl
:, case, said first party Is hereby au'
IS thorized 10 effect such change al
l. the expense of said party Of the
second part-the amount of sucl
expense to be deducted by said
: first party from the first payment
n thei eafterto I've made to said second
@ patty under this contract.
n SECTION 6.
!, Said second party covenants and
: agrees that said waterworks, when
t completed, shall have sufficient ca
+ pacity and power, at all times, to
= throw eight streams of water to n
I perpendicular height Of eighty feet,
| all the streams running at one and
= the same time, at different points,
? or from any one main pipe of eight
: inches in diameter, and each stream
through one inch nozzle; that
said second party will, during all
the time aforesaid, keep said water
!. works mp to said capacity and pow
) er, and that, upon the completion
Of said work, and before any liza
bility attach to said city, under this
contract, said works must undergo
and fulfil said requirement in ca
pacity and power, and that fact
must he fully demonstrated by sub
hitting said works to such n test,
or number Of tests, as the Common
Council of said first party shall pre-
scribe. Provided, however, that
the time occupied in applying such
tests, shall not exceed ten days.
If said works. when completed and
tested, shall not comply suhstan-
tally with the requirements of this
section, in letter and spirit, the
party of the first part is at once
forever released from this contract
aud from any liability under it.
SECTION 7.
Said second party covenants and |
agrees that, when in the cXtinguish-
ing of fires, it becomes necessary
To pump water from Thunder Bay |
river, To furnish sufficient supply |
for such fire purposes, that imme-
diately upon such necessity ceasiug.
pumping from said river will also
cease.
SECTION 8.
Ii is agreed by said first party,
that the Common Council Of said
city viii, as soon as practical, pro-
vide 10y ordinance for the proper
protection of the property of the
said second PARTY from injury or
molcstation 10y wrong doors, and
for the enforcement Of such rules
and regulations concerning the use
of water hydrants and pipes, and
the payment and collection Of
water rates as may reasonably be
required.
SECTION Q.
Said second party further agrees
to furnish, free of charge, dnring
all the term aforesaid, water 10 and
for the use of all public buildings
owned, used or occupied by said
city; all public school buildings
and yards. all city Offices, parks
for as many public fountains and
watering tronghs as the Common
Council of said city may require,
and for city jails. In considera-
ton, however, said first party shall
save aud keep harmless the water
works aforesaid from any city or
school tax during said period, and,
further provided, that said city
shall he held responsible for all
damage done to the hydrants of
said company, through the care
lessncss or i'll usage of firemen or
employees Of the city.
SECTION 10.
1t is further mutually agreed and
understood, that all the mains,
pipes, and bydrants, laid and placed
in said city, hy the said party Of
the second part, shall he and re-
main the property of said party of
the second part, unless the said
party of the first part shall elect, J
after the expiration of sixteen years
from the date of this agreement, to 9,
purchase said waterwo. Ks, with all q
It's rights and privileges, mains,
pipes, hydrants, and Appearances,
and said first party shall have the
right and option TO purchase the
same and to terminate this agree
ment, by paying for said works
such q price as may he mutually =
agreed upon by the parties hereto,
md in case of disagreement be-
tween said parties, in reference TO r
price. then the price TO he fixed, !
lscertained, and determined by
i've disinterested persons not resi-
dents Of said city, chosen in the =
provided in section 1870. i
Compiled Laws of 1871, State of Of
Said first party is also rs
authorized, If 1t sees fit, to pur- S1'
chase said waterworks when the to
same are completed, tested and ac- as
repted, as hereinhefore provided, =, "
upon paying TO said second party 70
The actual cost Of putting in the q
works, and interest at ten per cent. ST
per annum, on money actually paid 2
out 10y said second party in the j.
of said works, to- II
gether with two thousand dollars s %
IN addition thereto. Said SUN of .
two thousand dollars TO he in lien +