The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-07-30
WATER.
Continued from First Pdge.)

iACl maintenance DIOlCCtppA CHA
said water plant, its reservoirs, mains, engines,
pumps, buildings, ducts, pipes, ETC., ana IN case
of the failure of said contracting party 10 niaAe
the proper or necessary repairs, Improvements
changes, alterations and extensions aIoreSalu,
then the said city shall have power 10 40 SO az
the cost, charge and expense of said CONTRACTING
party, and with power to pay for same anu re-
ceive the amount thereof from said contracting
party or to deduct it from payments TO De haue
as herein provided. =.
.Sirth.-Said contracting party agrees that IL
will construct and erect, at its own cost ana eA-
pense, the necessary plant, consisting Oh reSsL
voirs, mains. ducts, pipes, etc, OF proper qualty
for the purposes for which it Is intended, 10 con.
gey and transport to the reservoir of SAID CITY at
Belleville a good and sufficient supply OF pure
and wholesome water for all purposes, 70 pe
taken from the water shed OF the Pequannock
River, aforesaid, at O point not lower than forty,
one degrees latitude, and maintain the same anu
keep the same in good repair for and during Cno
said term, the ownership and title OF the SAINT W
be and to vest in said contracting party, uHieSS
purchased by said city as hereinafter proVl9eu,
said water plant and all its parts, as herelIoeloiSS
stated, to be so constructed that IL may De SOU
and conveyed to said city for the sole use anu
benefit of said city, together with a good anu
sufficient supply of pure and wholesome water'
It's citizens and others, and the right to take an9
use the same, with a per diem" capacity Oh
5O,000,0 900 gallons, and that the proper represents,
tives of the said city shall at all times nave lie
right to inspect and examine said works as IL
progresses and the plans, etc, of same
SeUenth:-Said contracting party agrees tnaG
Ill any Llul6 uuEluk odHd III ~ oNNA ~NJ
at it's election purchase from said contracting
party the plant last above mentioned, at a price
then to be agreed upon between them
which shall not exceed the actual cost OF the CON
s~truction of said plant, and the consideration
paid for the property upon when the same
may. stand and of the right to the use OF
the water to supply the same, with interest
thereon at the rate of five per centrum
per annum, and an additional amount added
thereto equal to ten per cent. OF the cost OF salo
plant and property rights as a profit thereon 70
said contracting party, less the amount OF oil
money heretofore paid by the city TO said CON
tracing party, pursuant to the terms of this
contract. The total amount to be paid therefor
shall, however, in no event exceed s., 000,0OO, or
if of less capacity. shall not exceed the rate OF
ST 600, 900 for each ten million gallons 'per diem"
capacity, provided that in addition to said sum
to he paid, said city shall pay to said contracting
party u sum sufficient to reimburse 1t for epairs
and extensions made within nine years prior TO
the time Of the purchase by said city OF said
water plant as follows:-For all repairs, etc,
made within one year, ninety per centn1n OF the
cost thereof, and ten per centuin less for each
year in excess of one year.
Eiohth.-The water plant of said city, consist
ing as aforesaid, and its extensions, additions,
etc, hereafter to be made which shall become
the property of said city under the terms of this
contract. shall not be used by said contracting
party for the purposes OF conveying, transport
Ing or supplying water to any person, company.
co-partnership or corporation other than those
who shall receive the same under, by, or through
contract or agreement with the said city, and In
case water is conveyed, transported or carried
through the territory OF SAID city by MAINS, pipes
or means other than the property of said city,
said contracting party hereby agrees to pay to
said city quarterly a sum equal to ten per centlm
of the gross revenue received by said contract
ing marty for said water, which amount, in de-
fault of payment as aforesaid, said city may re-
tain from the payments to be made by said city
as hereinbefore provided and for the purpose of
determining the amount thereof said city, or its
representative or representatives, shall have the
right and privilege of inspecting the books, con-
tracts and ocument of said contracting party.
Asnf III s-Thn Nyafar furnished and Snnnlpd 10
said city, its Inhabitants, etc, by the said con-
tracing party, shall at all times be pure and
poses, and sufficient in quantity to meet its and
their needs and necessities, and the use OF the
water by the said city in its various departments,
for the purposes of extinguishing fires, sprinkling
streets, fountains and other purposes, for which
no water rates or rents are to be charged or paid,
shall be subject to the control of the representa-
tives Of said city in charge OF its departments re,
means within its power all loss or waste of water
in excess of that now used, and shall continue in
force all such rules and regulations as are now in
use by said city, with such penalties as shall pre-
vent all misuse by consumers to the detriment of
the said contracting parties.
Tenth:-Careful surveys shall be made by the
proper authorities of said city of all buildings or
other places of said city which shall be liable to
pay water rents, and the amount due on each, of
which surveys a copy shall be given to the said
contracting party at the time of the commence
ment of the term above mentioned, and semi
annually thereafter all additional surveys shall
be reported to the said contracting party.
EIeUenth.-In all cases the said city shall, on
request of the said contracting party, have the
water measured by the metres now in use, or by
others | of a similar pattern, ito be approved by
the said contracting party, and shall pay to the
said contracting party on the fifteenth days of
February, May, August and November of each
year the amount which shall APP
pear by said measurement to have be-
come due for such metered water for
the quarters ending the first DAYS of said months
respectively, less fifteen per cent. thereof, which
shall be deducted for the cost and expense of
collecting the same, provided that the proper
proportion of the amount hereinbefore deducted
from the amount Of water rents to be paid to
said contracting party has been fully retained
residences shall be metered, except by consent
of the owner.
Tscelfth:-The said contracting party hereby
expressly agrees that it will begin the construc-
ton of the necessary reservoirs, mains, ducts,
etc., provided for by, and necessary to carry out
the terms of the contract. Immediately upon the
execution and acceptance hereof by the parties
hereto, and will furnish the necessary water con-
tracted for under the terms hereof to said city,
its inhabitants, etc, within two years after the
making Of this contract as aforesaid, and that in
default thereof the said city may abandon this
contract at its election, and take the plant, con
sisting of reservoirs, etc, in so fur as the same is
then constructed, together with the property
and rights necessary for its water supply, as here
inabove stated, at their actual cost.
1~hfrteenh:1Said contracting party, upon the
execution of this contract, shall give good and
property security, in an amount not less than
one million of dollars, for the faithful fulfllment
of this contract on its part, and will from lime to
time SO change and renew said security that il
shall at all times during the term of this con-
tract be sufficient to protect the interest of said
city to the extent of the amount above named.
Fourteenth:-In case said contracting party
shall at any time during the term aforesaid fail
to carry out and perform the conditions and pro-
visions of this contract in every particular on its
part, this contract may be abandoned by said
city, and said city may, at its election, return to
the present system of its water supply, or may,
at its election, take and retain the plant to
be constructed by said contracting party
us aforesaid, for the purpose of carrying and
transporting water to Belleville at cost, and said
city shall be lndemnified by the security afore-
said for any damage or damages which 1t may
have suffered by reason of the abandonment Of
said contract or the non-fullhlment thereof by
said contracting party in addition to its rights to
be remuncrated by said contracting party for
any damage which 1t may have suffered by rea-
son OF the breach of the contract aforesaid.
lpFUteenth;-And it is expressly understood and
agreed between the parties hereto that the said
city has reserved and does hereby reserve at all
times and under all circumstances all rights.
grants and powers which it has now to the
waters Of the Passaic River and its tributaries.
to have, to take, to devote or to use the same for
any purposes whatsoever, and that the said CITY
may at any time during the term of this
contract, and whether said contract shall be
enforced or not, take, divert and use the waters
of said Passaic River, under the rights, grants
and powers which it now has, or any or all of
them, and that said rights, grants and powers to
said waters, or to take, divert or use the same.
shall be in no way affected by this contract. and
that during the term of this contract, or at the
time OF Its determination as above stated, or at
the time when the said contract may be sooner
waters of said Passaic River and tributaries as
fully as and to the same extent as il this con-