Morning journal and courier., 1881-11-21
The Water Contract.

A4k0 w G1tOA OOAeAnSDe Guarantee Made as fo Rates-Hearing
 Before the City's Committee-Remarl<s
 Of Governor English.
 The joint special committee on water held meeting in the Mayors office on Saturday evening, His Honor Mayor Robertson pre- siding. Those present representing the Water company were Governor English, Pres ident Watrous, Hon. Henry B. Harrison and J. B. Sargent, Esq.
 Governor English said that he had word to say to the committee. His position was a peculiar one. He only owned g., GOO worth of the company's stock. He in brief de- tailed the present condition of the works of the company, and said that they would have to expend at least half million dollars. The company had neglected their works on &C., count of their old contract with the city. They did not feel like going to this expense if the city intended to buy. ssThere is an inadequate supply of water at the present time larger mains are needed, and at once, to protect your property and mine. Where the water is coming from is the question yet to be determined p Governor English went on to say that he had not bought any stock of the company because he thought it was selling for more than it was worth, and in conclusion said that he opposed the purchase as a citizen and taxpayer, for he could see what an expense would be brought upon the city if they had decided to purchase it. T know that $500, 900 at least has got to be ex- pended and that right away.''
 Mir. Watrous presented the following con- tract on behalf of the Water company for the consideration of the city's committee:
 First-Said company will furnish said city with full adequate supply of water for all municipal pur expiration of the new. existing contracts between said parties in the same manner as is now provided (or at such price as may be fixed by committee of three judicious sons to be appointed in the man. sixth article of the contract bstween said parties dated Feb. T. 1s62) which price shall be payable in
 second-At the end of said period of ten years and at the end of every successive period of ten years to do will renew the agreement above set forth up on such terms regard to compensation said par then upon such terms may be fixed by committee of three judicious persons to be appointed in man. ner aforesaid.
 Third-said company will render to said city any additional service in the way of water supply that the said city may at any time hereafter require by reason of any future extension of the city limits for any other for fair and just compensation te be agreed upon by said parties if they cannot agree to be determined by committee of three per sons to be appointed as aforesaid.
 Fourth-lf said supply shall at any time fail de- failure from the pay to be received by said company shall wilfully neglect refuse to supply the said party of the second part with water in all respects in conformity with the true meaning and intent of these presents and loss by fire shall happen within said city to the property of any person or corpora said company shall pay said city $lO,OOO But said city shall not hereby be precluded from recovering danaaees ac ua ly suffered in it's corporate capacity the works of said company shall at any tune prove said city shall have the privilege of annulne this contract without prejudice to claims for damages already accrued And if this contract shall be nulled said Shall immediately therefore purchase all the hydrants of said city connected with the mains of said company their actual cost less reasonable deduction for decay and damage. Fifth-Said company shall notify said city when hyrapt branches at the expense of said company points designated by authorities of the Common Council of said city And the opening of streets for laying mains and the locating of hydrants both pub
 lie and private in the streets of said city shall be under the direction of the street commissioner or some other suitable person persons appointed by the Common Council of said city. Said city shall have the right hydrants it's expenss with the mains of said at any and all points at the option of said city, and said hydrants shall be the exclusive and under the exclusive control of said city, without hinrance obstruction in any manner by said company, but said hydrants shall be used only for the above named purposes and uses. And whenever hydrant is to be inserted removed by said city, reasonable notice shall be given to said said company reasonable time to allow such change to be mae said city shall also have the right to or hydrants that said company may from time to time have in use for their purposes whenever engineer of said fire department shall deem it neces sary.
 sixth-said company will always hereafter keep down to it's present standard basis the water rates charged or to be charged by said company against all of water in said city other than said oity itseH-so that said rates shall always be as low they now lower. Said rates are shown by the following schedule, viz. Here is to be inserted election provided for each tenement with fixtures in- side occupied by one family $6; for such tenement number of families, or separate oecupantss such rates may be fixed by the directors; large board ing houses $10 and upwards hotels, S25 and up- wards offices. warehOuRes Oarkets. shOpe and saloons, $6 and upwards; photograph galleries, S1O and upwards barber shops. $6 and upwards water closets and urinals first closet B each addi-
 And said company agrees that if ever 1t shall vio-
 late any way any of it's promises stipuations this article contained it will pay to said city for the any such violation, such of money will amount to the damages sustained by such psrson seventh-Said company will sell and convey to said l city whenever at any future time said city shall fair compensation; said parties cannot agree
 shall be determined by committee to be appointed 1 by the Superior Court in the manner provided by the act passed by the General Assembly at January
 session. 1881, under which act proceedings between said parties were lately instituted in said court and said company will unite with said city whenever hereafter requested by said city so to do in procuring from General Assembly suitable legislation to thorize and facilitate said purchase by said city. ! Eighth-In consideration of the foregoing prom pany, said city agree to pay said company for and during said period years Beginning on the 20th hereof in equal half yearly payments to be made on day of January July respectively in each year. except that the first and last payments being each for period of less han six months will be for an amount proportionately less than regular half yearly payment.
 Alderman Baldwin introduced four questions which, with the proE osed contract itself, ferred to the Corporation Counsel for his opinion. They were: First whether the directors have power to make the proposed contract or bind the company for all time without vote of the stockholders ratification of the contract by them second whether the promise to keep down private rates if violated can be sued npon by citizens injured; third wheth cOuld breach and fourth, whether the contract of Febru- ary, 1862, provides for further extension of the right to buy the works at the same price therein named.
 To the Corporation Counsel was also referred the offer of the company made prior to the election to see what rights the city now has under it.
 The committee then adjourned.