The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-12-08
WATER RATES.
questions To Be judicial
ly Determined.
Portland and Rochester
Offers to Fill Flats.
City Fathers Act ON Some
Important Matters.

ihe regular monthly meeting OF the City
council was held last evening. A large
amount Of business was transacted. Some
very important matters were
considered. notably the water commission
matter, proposition Of the Portland &
hocnester Railroad and the Market lot
matter. Reports of both boards follow:
In Board Of Mayor and Aldermen.
The following Communication was re-
ceieved from the Portland & Rochester
railroad:
r. q. =. PORTLAND, Me-, December !, 1891.
~ Ms committee on Drdtns and Sewers
6entlemen-Agreeably 10 your request, the
IOrtiand q Rochester railroad hereby agree to
sgAcanfate material on the city farm from the
knoI south OF the railroad cut and deposit the
same on the fats in the mill pond at such points
aS may be designated by your committee agree
ably 10 specifications to be prepared by the city
e9 o91znser, 70 have not less than an average MI
OF 4.6o feet, for the sum Of 20 cents per cubic
yard.
we also submit for your consideration the
ioiioWlDg proposition as basis for a contract
70 De entered into for the filling OF alt the fats
owned Dy the city In the mill pond Qnstead OF a
part OF the hats, as proposed In the order re-
esnty passed by the City GovernmenD and In
adultlon 10 hlling above fats, they will construct
the proposed sewer between Grove street and
Green street. taking part pay therefor In lands,
and the balance in cash.
~ ln the opinion VI your committee, a prOpo-
sltion OF this nature would be favOraby reeeiv-
81 Dy the city government. the Portland &
hOcnester railroad are ready to enter into a
contract with the City of Portland for the dll.
ing Oh tne hats In the mill pond, and the con
strucliOn OF sewer between Grove street and
Green street, the details OF the contract to be
worked out by a committee to be appointed by
the city council at its next meeting with all-
LHOrity TO act. and III the nQOOffarinnQ hQfWaan
lne SAID committee and the Portland & R0ches-
yer reacn satisfactory conclusion. the agree
ment determined upon by them TO be submitted
70 tne elty council for ratification and approval,
Deiore the same shall become final and Dluding.
IN tnls way the city would not be called upon
70 hna MAKE can any appropriation this year and the
the next general tax levy comparatively
the work.
In this contract would be made a settlement
oL an controversies now existing between the
Ciiy OF Portland and the Portland q Rochester
railroad, including the damages assessed by the
county commissioners for land taken from the
city farm by the Portland & Rochester exten-
sion, the amount Of the award being SIS, ,205.-
O1. which case has been appealed TO the
supreme Court on the ground that the dam
ages are inadequate, and the Portland &
Rochester have appealed to the same court on
the ground that the damages are excessive.
The city have also laid out both Washington
avenue and Longfellow avenue In part over
road, and the city awarded the Portland &
Rochester no damages, from which award the
Portland & Rochester railroad has appealed.
Be II order oT a art At s tRs ganna9y tsrm
court unless some compromise is reached 10
relation TO them.
The Portland s. Rochester railroad desire to
purchase from the city a strip OF land at the
foot OF Hanover street between the land owned
Dy John nj. Adams and others on the west and
Preble street ON the east, said strip OF land be-
mia fnn HoAr N.rrN NaCe H.
taiDing say $4,000 feet. This piece OF land Is
required to enable the Portland % Rochester q
reach and improve the fats which they own be
tween Preble street and Franklin street on the
southerly side OF Somerset street.
The Portland & Rochester also wish to pur
chase small tract Of land containing abou
northerly side OF the Eastern Promenade. i
extends from high water mark to within 10
feet CT the Eastern Promenade and lies b
tween land on the west formerly owned b
Charles p. Mattocks and on the east BY tll
10 snahbiiow heirs. This strip OF land Is require
between the @randd Trdhf Tssoad "a ana ana n Ia
Portland & Rochester tracks at the transfer
junction.
PORTLAND & ROCHESTER, RAILROAD.
By Geo. p. Wescott, President.
The following order was given passage
Ordered. That joint special committee, "a
consist OF three from this board. with such as
the Council may.1oin. be appointed. and that the
communication OF the Portland s. RochesteJ
railroad, addressed to the committee on drains
and sewers, be and hereby Is referred to said
committee when appointed. hereby giving said
committee authority to enter into negotiations
with said railroad: and II the committee
deem 1t expedlent TO do so. they may make such
agreement or contract as will best carry out the
several OBJECTS reierred 70 In the communica-
ti0n OF said railroad, and may compromise any or
all existing controversies between the city and
the Portland & Rochester railroad, provided
that when any agreement or contract shall have
been determined upon by said commltte be-
tween the city and said railroad, the same, after
being approved by the city solicitor, shall, be.
fore signature and execution, be referred to the
City Council for ratification and approval.
WATER COMMISSION.
The Board assented and ratified the
following terms of an agreement for the
submission Of the water controversy to ar
bitration:
Articles Of agreement made and concluded
in the year OF our Lord one thousand eight hun
dred and ninety-one, by and Letween the City
Of Portland, acting by and through the Board
OF Water Commissioners OF said city, hereto du
Portland Water Company, acting by and
through its president and treasurer. hereto du-
ly authorized, party Of the second part,
sizes exist between said party Of the second part
and said Board of Water Commissioners, acting
for the water takers Of the City OF Portland In
TcldllOu W thO idtCo CudtbCN SUN NdAcT5 AOf
water,
Now, therefore, it Is mutually agreed between
the parties that the following questions shall be
referred TO the arbitration and determination
of the Hon. John A. Peters OF Bangor and the
Hon. Enoch Foster Of Bethel, referees mutual
| ly agreed upon between said parties for this
purpose:
III, Sc: Whether the rates now charged by the
Portland Water Company TO water takers IN The
| City Of Portland are excessive or exorbitan
| within the meaning OF the contract between
| said Water Company and the City OF Portland
| dated February %, 1868.
SecOnd-If the first question Is answered ID
| the alfirmativeoy the Judgmentof the referees Il
ismutu illyagIeed that they shall have the powel
| and In shall be their dcty to determine what
| changes In such water rates are required e
make them reasonable as compared with the
| rates In other cities, with due consideration L
i the cost and income OF the works, within Ith(
| terms OF said contract.
| II Is hereby mutually agreed that said referees
i are clothed with all.the powers which court II
i eoIlity would have TO hear and determine the
i foregoing questions, were the same at issue II
/ Legitimate proceedings pending In such court
i nv bil for discovery and relief or otherwise in
Guiding the power to compel attendance OF wit
| nesses and production OF competent evidence
| and that their decision when made shall have
| the same effect as decree Of the Supreme Ju
| dIcial Court made under the sixth clause ol
said contract and covering the same subjec
In witness whereof the.partiss have hereunt
| mutually aud interchangeably set their hand.
and seals this .......s........ DAY OF
A. ID. 1891.