The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1889-08-10
ORDINANCE NO. "A.
WATERWORkS ORDINANCE.

/
WATERWORkS ORDINANCE.
Be it ordained by the city council Of the city o
SECTION /. That there is hereby granted to c
II. Stebbins, Isaac Orschel and Samuel Bundoch
their successors and assigns, the privilege o
constructing and maintaining water works in tn,
city OF Livingston, territory Of Montana, ant
thereby supply said city with pure and whole
some water for public and private uses on til,
following terms and conditions provided in thi:
ordinance:
SEC. :. That said Stebbins, Orschel and Bun
dock, their heirs and assigns, shall build and pu
in operation, within one year and three months
from the date OF acceptance in writing of the
privileges granted by this ordinance a system OF
water works of sufficient capacity to supply the
said city OF Livingston with pure and wholesome
water for public, private and manufacturing nses
and the said city shall upon written application
OF the said Stebbins, Orschel and Bundock, their
heirs or assigns, condemn the right of way when
ever necessary for the purpose OF constructing
said water works, or of laying the said mains and
pipes over and upon any tract OF land within the
city limits, which condemnation shall be at the
expense OF said Stebbns, Orschel and Bundoca,
their heirs or assigns, and all rights acquired
shall accrue to them for their use and benefit.
SEC 3. The said Stebbins, Orschel and Bun
dock, their heirs or assigns, shall agree to fur
| nish the said city of Livingston with twenty five
double discharge fire hydrants at the time Of the
! completion Of said water works, and to furnish
| additional double discharge fire hydrants there
! after the same may be ordered Dy the said city
OF Livingston. to be located within said city as
directed by said city of Livingston, between Yel-
lowstone and streets, inclusive, and Geyser and
| Chinook streets, both inclusive.
| SEC. T. The said city Of Livingston agrees to
| pay to said S:ebbins, Orschel and Bundock, their
heirs OF assigns, an annual rental of one hundred
dollars each for the first thirty hydrants fur
nished said city, and seventytive dollars each for
ali hydrants in excess of thirty, for the full term
or twenty years from the date Of the completion
n va aflrx EH nH Il
city further agrees that during the first ynar after
| the complefi IN of said water work. il will take
| and pay for at least twentyf daube discharge
| fire hydrants and thereafter such additional hy-
| drants as the said city of Livingston may from
| Time TO time require, at the annual rental
aforesaid to be paid as the said Stebbins Orschel
and Buhdcck, their heirs or assigns may (esig-
nate, in quarterly nstallments.
SEC 5: A failure by said Stebbins, Orschel and
Bundock, their heirs or assigns, at any time to
| comply with any material term, condition or
stipulation Of this ordinance, shalt at the option
OF the city of Livingston work forfeiture Of any
rights to claim the rental herein provided tor,
and said city shall have the right, if such failure
continues for sixty days, unavoidable delays and
| accidents excepted, to terminate said contract
SEC .. TIE said Stebhins, Orschel and Bun
dock, their heirs and assigns, further agree to
give to the said city of Livingston the option of
purchasing the pumps, mains and all other ma
chlnery and apparatus used in the construction
ana operation OF said water works, at any time
after the expiration of twenty wears from the date
OF the completion Of the same, at price to be
fixed by three commissioners, one to be appoint
S ca by SAID city Of Livingston, one by the said
Stebblns, Orschel and BnndOck, their heirs or
assigns, and the third to be chosen by these two.
SEC I. ut the expiration of twenty years from
date OF the completion and testing of said water
works, II the city OF Livingston does not purchase
new the contract with the said Stebbns, Orschel
and Bundock, their heirs or assigns, for twenty
years longer upon such terms as ara mutually
agreed upon at that time, pre- \ i.led that such
ayc tbn prirn xaIa and
stipulated by this ordinance, nor shall the re-
ncwal OF such contract in any case annu The op-
Grafton OF this ordinance in its full force, effect
and control Of said Stcbbins, Orschel and Bun
dock, their heirs or assigns, as herein provided
sHSEC. g. The amount of water to be furnished
BY said Stebbins. OrscEel and Bundocll shall be
sufficient to supply population of 5000 with 50
gallons per capita per diem, us may be required
In the ordinary course of said ctys business re-
quirements, and shall enlarge said water works
thereafter as the necessities of the case may de-
mand.
SEC. 3. For the purpose Of laviny down pipes
ard other fixtures for the conveyance OF water
ana distributing the SANG to the city and its in
habltants, the said Stehbins, Orschel and Bun
dock, their successors and assigns shall have the
rlght to use the streets, avenues, lanes, alleys,
sidewalks, squares and all other public highways
and places, subject only to the restrictions and
conditions hereinafter mentioned.
SEC. TO- That in laying down, placing or re-
pairing at any time OF said pipes or other fix
lures, through said streets, avenues, lanes, al
eys squares, sidewalks and other public high
ways or places, no unnecessary 0hstruetions
shall be permitted by the sa,d city, or the said
Stehbins. Urschel and Bundock, their successors
or assigns; and in laying down the street mains
to the established grade of said city SO that when
completed no obstruction Of pipe or other ma
terial shall prevent the free use of any street,
avenue, lane, alley, sidewalk square or other
public highway or place: but thi said Stebbina.
Orschel and Bundpck. their successors or as,
signs, shall have the right, for the purpose of
repairing said pipes and other fixtures, when
ever necessary, to disturb any street, avenue,
iane, alley, sidewalk square, or other pnhlic
highway or place, provided, that in ali such
case; cases {i.eE, their successors or assigns, shall
in as good condition. far possible, as it was
before the pipe or other fixtures LAID or re-
paired.
SEC. II. That in case said Stebbins. Orschel
and Bundock, their heirs or assigns, shall refuse
OF neglect to replace restore said street az
enue lane, alley, Sidewalk, square or other pub
tton nc nl;h~ay q; or place, within reasonable time
said pipes or other fixtures has been completed,
they, their successors or assigns, shall be noti-
fed by the mayor or marshal of said city, and in
case the same shall not be replaced or restored
by then their successors or assigns, within reas
enable time, then the city courcl of said city
may direct the same to be replaced at the ex- |
pense of said Stebbins, Orschel and BundOck |
their heirs or assigns, and said persons shall be
liable for any and all damages either to person |
or property by reason of such refusal or ne
greet
SEC t. Said Stebbins, Orschel and Bundoek,
their successors or assigns, shall within sixty
days after the acceptance in writing of the priv
leges granted by this ordinance, proceed without
delay to make suitable arrangements for carry- |
ing out the purposes of this ordinance and shall |
within one year and three months Law in a suit |
able manner within said city suitable cast or |
wrought iron water mains of sufficient length to |
properly connect said twenty-f hydrants and |
OF capacity to deliver the requisite quantity of |
water for fire protection and domestic supply as
herein provided for The main pipe LEADING
from the pumps to the CITY shall not be less than
eight inches in diameter, and the remainder of |
such mains shall be six and four inches: and
there shall be located on said main pines within
the limits of said city TWENTY-FIVE double dis
charge ire hydrants, at points to be des IN ated
by the CITY council of said citv and the hose at
tacllments are to be made to tit standard two and
one half inch hose The hydrants are TO be pro-
yided and maintained by said Stebbins. Orschel
and Bundock, their successors or assigns. and
are to be connected with the street mains. but
the connections of the hydrants with the mains
are to be considered main pipe, and there shall
be attached to the main pipes suitable valves
to shut of the ater from any line of nine if
found necessary il is further provided that
when said fire hydrants have been established
and erected their location shall not be changed
pycent nv order of the council and Of tho oxuonso