Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-07-02
ARTICLE OF AGREEMENT
For the Construction of Water Works for
the City of Knoxville.

This memorandum of agreement, made
and entered into this, LIST day of July, 1882,
by and between the Knoxville Water Com
pany, of said city, in the State of Tennessee,
party of the first part and the board of
mayor and aldermen of the city of Knox
vile, Tennessee, party of the second part,
Witnesseth, That the said company III order
to supply said city with water, for fire pro-
lection, and public, sanitary and domestic
purposes, does hereby agree:
L. 1st. That it will erect an establish upon
and in the land acquired by said city for
that purpose, system of water works, with
reservoir, and all proper and necessary
mains, pipes, hydrants, machinery, build
ings and other appurtenances and incidents
necessary and sufficient to supply said city
with water, Ito be taken from the Tennes-
see River at the site purchased by the city
for that purpose), for all purposes here l.
after stipulated, the sad works and every
part thereof 10 be of the best standard mate
rial and constructed in proper and good
workmanllke manner, not inferior to or of
less capacity, but in every way as good,
ample, substantial and of equal dimensions,
as is contemplated and required by the
specifications, schedules, drawings, maps
and details, prepared for the city aforesaid
by one Moses Lane; nor shall any of the
mains, pipes, hydrants, buildings, machine
~, pumps and other appurtenances be of
quality inferior to that contemplated by said
plans and specifications, schedules, draw
ings, maps and details, a copy of which is
now on file III the Office of the city engineer
of said city, and is hereby referred to and
made part of this agreement.
I'd. The reservoir shall be built on the
site indicated in the said Moses Lane map
and shall have capacity of three million,
two hundred thousand gallons of water, as
per specification of said Moses Lane.
Bird. Said company will erect and estab-
lish seventy five hydrants, (twenty of which
shall have double MOBILES with threads cut
to suit the hose connections now III Use in
the city aforesaid) the same to be located on
the line of the main pipes at the points and
along the curb lines of said city, as indicat-
ed by map of the city, drawn by the city
engineer, and prepared for water works
purposes by Moses Lane, which provides
tor the placing of sixty three fire hydrants,
the remaining twelve hydrants to be placed
at such other points along said curb-hnes as
may predetermined by the city previous to
the laying of the pipes, which are to supply
the by drants with water, and said map Is
hereby also made part of this agreement for
company Will erect tor the use of
said city from time to time, as the
city may direct, and at such points
as the city may designate, as many ad-
dItIonal ny drants as the necessity of the city
may require provided, however, that any
"a idtional hydrants thus erected shall not
be located at distance exceeding SIX hun
bred feet from an existing by draut or from
each other.
4tn And the said company guarantees
throughout Shall be of tirst-class material as
herembetore stated, and capable of supplying
two million gallons of water every twenty -four
hours, and shall afford an uninterrupted
daily supply to said city, of such quantity
thereof as shall be required (not exceeding
the amount above speeiied) except in cases
of unavoidable accident or injury to the
works of the company, which shall be re-
paired Ill the shortest practicable time.
9Th. Said company will furnish water
free of charge Except the rental of
hydrants as herein stipul5ted), from Sail
hydrants for the sprinkling of streets and
| flushing of cutters and sewers along, on and
under such streets of said city as are or may
be curbed, gurtered or severed; provided
that, in flushing not more than two of said
hydrants shall be opened and used therefor
at one time; also said company will furnish
free, through said hydrants, water for all
purposes of the fire depart nent and for sup
plying the city hall building and offices and
prisons therein.
9th. Said company hereby agrees to pur-
chase from said city the property already
acquired by the city for the purpose of erect
ing water works, including lands, plans
specifications drawings, maps, etc. etc.,
and to pay therefor, within thirty days from
the execution of this agreement and before
commencing the constructionsof laid works,
the sum of seven thousand eight hundred
dollars.
7th. Said company will supply private
consumers with water at a rate not to ex-
coed five cents per one hundred gallons :;
| provided, however, which is expressly un-
| derstood, that the entire cost of introduc-
ing water from the mains into private
premises, including cost of meter when
used, sha be borne by the parties intro
duclng or ordering the same; and that no
mains or distrlbut ng pipes shall be tapped
by any person except a plumber, licensed
for that purpose by said company
| Sth. The work of construction shall be
commenced within thirty days from the
execution of this agreement, and shall be
pushed forward to completion with all rea-
sonable expedition, SO to lie in operation
and prepared to supply to the city water, in
the quantity hereinbefore stipulated, with,
twelve months after the time specified for
commencing work pro yided, however,
| that, If the company shall at any time dur
ing said period of twelve months, be de-
layed from working or restrained therein
| by injunction or other legal process or or
der, sued out or obtained by the city
any of its citizens, or by any ordinance
of said city, the time during which the COM
| pany may be SO &c yed or restrained shal
not be included or reckoned in computing
said period above fixed for completing sale
works.
9th. Said company will, at its own ex
pense, repair, replace and restore all streets
lanes, alleys, ways and sidewalks, in
through or under which it may lay it,
MAINS pipes, and Their appurtenances
necessary for the erection and maintenance
of the works, With all convenient and rea
sonable expedition, and as fully and com
pletely as before excavation; provided, tina
when any part of any street, lane, alley, way
or sidewalk is used for making excavations
| or such other work is done therein as il
| necessary for the erection or maintenance o.
said water works, it shall be done in sucf
manner as to give the least inconvenience Il
the inhabitants of the city. And said com
pany further binds itself to O..
serve all precautions necessary
for preventing accidents, whethe
the same are prescribed by ordinance or not
And the said water company covenants tC
indemnify and save harmless the said paru,
of the second part against all damages whicl
may be adjudged against said party of tn,
second part, for any injuries to person o.
property, accruing through the negligence
or want of due care and precaution of tn,
company in openi' 6, keeping open, light
ing or closing excavations. or placing or re
moving distractions il. or upon the street,
of the city of Knoxville; provided, that thu
said party of the second part shall IN al
cases make diligent and proper defense t.
any suits that may be brought against tn
city for injuries accruing as aforesaid from
the negligence of said company, and shall
not compromise or submit to arbitration II
any such suit or cause, without the express
consent of said company.
10th Said company will maintain te1