The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-08-21

blu, W De maze pursuant hereto and ac-
cepted by the Board of Trustees, shall
specify. Payments to be made on the 10th
OF each month for the sum owing for the
quantity of water used for the month pre-
cedlng; but in the aggregate the city shall
pay at the end of the year for not less
than said minimum for each year
VIII.-PRoVIsIoNs SEPARATE - TEMPO
RARY SUPPLY.
1t Is understood and agreed that If by
reason OF any law existing, or which
may hereafter be enacted, any particular
provision of this ordinance, or of the
contract to be made pursuant thereto
shall fail, the release Of the parties or
either OF them from such provision shall
not vitlate the entire contract, nor shall
Inc other provisions of the contract be
affected thereby, and neither the city nor
the contractor shall thereby be released
from any other provision of the contract,
or from any other obligation thereby i'm
posed. And if at any time during said
term the quality of said water shall be-
| come impaired, or shall fall below the
standard adopted and accepted by the
Board OF Trustees aforesaid, or if at any
time the supply should be insufficient for
the use of the city and her inhabitants,
the contractor, under the supervision of
the Board of Trustees, at his own ex-
pense, shall have the right to supply
water temporarily from the Sacramento
River, by means OF the water works at
Front and l streets, now owned by the
city, and If such insufficiency in quality
or quantity, or either, be not fully re-
moved and remedied within six months
OF Its occurrence, and notice specifying
the defect shall have been served on the
contractor, then the city shall have the
right to cancel the contract and be under
no further obligation by reason thereof,
out may IN such contingency obtain her
water supply from any other source
available. During the time such con-
! tractor shall be temporarily supplying
the water to the city from the Sacramento
River he shall receive only two-thirds of
the compensation therefor otherwise pro-
vided to be paid him, the other one-third
being retained by the city for the use of
its plant.
IX.-TIME FOR COMPLETION, ETC.
1t shall be part of the contract that
the water system herein contemplated
shall De completed, and the con-
tractor shall begin and continue the
delivery of water to the city, caus-
ing the water to flow through the
| mains under the contract pressure herein
provided for, and in such quantity as
herein provided for, within eighteen
months of the execution of this contract.
And II the bid accepted shall be for the
furnishing of subterranean water, then,
HASAAAh SAAlg dehg dLL6I LLl6 VI me
contract, the contractor must begin in
good faith such prospecting and investi-
cations as may be necessary to determine
whether an adequate and proper supply
OF water exists at the proposed location
OF his plant and wells, and he shall prose-
cute snch Investigations in good faith and
with reasonable dispatch, so as to fully
determine within six months after the
signing of the contract whether such sup
ply can be obtained. If it shall be ascer-
talned that such sufficient supply of sub
terranean water does not exist or cannot
be SO developed, such contractor shall
file an abandonment of his contract, and
both parties shall be released from all
liability therein. II such supply be de-
veloped of the quantity and quality
herein contemplated, then such con-
tractor shall proceed vigorously and dill
gently to.slnk the necessary wells, obtain
and put in place the necessary pumps
and other machinery, erect the necessary
buildings, and lay the main herein pro-
vlded for, and do all other things neces-
sary so as to complete the system and be
prepared to actually commence the de-
livery OF water to the city within eighteen
months next after the date of the contract.
The remainder of this subdivision has
to do with the contingency of the accept
ance of mountain water proposition.
X.-TERMINATION OF CONTRACT CITY
TO BECOME OWNER.
If, for any reason, the contract shall be
terminated, the city shall become thereby
the absolute owner of all mains, conduits
and pipes laid by the contractor within
the city limits, and shall pay to the con-
tractor therefor the then reasonable value
thereof, TO be determined by arbitration,
in the same mode hereafter provided, the
payment to be at the option of the city,
either in cash or in bonds of the city,
bearing interest at not loss than per
cent. per annum, payable semi-annualIy,
and to be duly issued according to law.
INSECURITY FOR GOOD FAITH.
Each bidder shall accompany his bid
with certified check for $4,000 on some
responsible bank in the State of Califor-
MIA, payable to the Mayor of the City of
Sacramento. The checks of all bidders.
whose bids are rejected, shall be forth
with returned to them. In the event of
the acceptance of bid for supplying sub
terranean water, the check deposited
Herewith shall stand for six months as
the security of the city that the contractor
shall comply with all the provisions of
Section 9 thereof, relative to the deter
mining within said six months whether
the water in quantity and quality, as con-
templated herein, can be obtained, and if
such contractor shaA fail TO comply with
said provisions of Section 8, the said
$4,000 shall be forfeited by him to the
city, and be paid into the city treasury
II the contractor shall, within the six
months, demonstrate that such supply
cannot be developed, then the said check
will be returned to him. But if such
supply be developed within said time,
said check shall remain with the Board of
Trustees as security for the completion of
the work and the water system within
eighteen months OF the signing of the
contract, and upon such completion
within said time, shall be returned to him.
[The remainder of this subdivision re-
lates to the security to be given, provided
a plan for the supplying of mountain
water is accepted by the Trustees