The record-union., 1893-05-20

: CITY, CHusIug WHICH fOW LnfOUEW
the mains under the contract pressure herein
provided for, and in such quantity as herein
provided for, within eighteen months
q and the +eS execution 5ta OF the contract mt ct
! the furnishing OF subterranean water then
within sixty days of the signing OF the CON
tract, The contractor must begin in good faith
such prospecting and investigations as may
/ be necessary TO determine whether an ade-
/ quate and proper supply Of water exists at
! the proposed location OF his plant and wells,
and he shall prosecute such Investigations in
! good faith and with reasonable dispatch, so as
! TO fully determine within six months after the
| signing of the contract whether such supply
can be obtained. If 1t shall be ascertalned
that such sufficient supply of subterranean
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
/ developed Of the quantity and quality herein
contemplated, then such contractor shall pro-
ceed vigorously and diligently TO sink the
necessary wells, obtain and put in place the
| necessary pumps and other machinery, erect
the necessary buildings, and lay the main
| hefeln provided for, and do all other things
necessary so as to complete the system and
| be prepared TO actually commence the deltv-
! cry OF water to the city within eighteen
months next after the date OF the contract
| And if the bid accepted shall be for the fur
! nishing of water from mountain streams
! then within sixty days after the signing of the
contract the contractor must begin In good
| faith the construction of the water system,
ana must at the end of six months have eX-
| pended at least the sum OF $25 900 in actual
| construction of work for this special purpose,
and he must within eighteen months from
! the signing OF the contract complete such sys-
TEN ana be prepared 10 actually commence
the delivery of " ater TO the city.
/ Section 8. The term for which such con
/ tractor shall supply water to the city shall he
| twenty years from the commencement OF the
| delivery thereof, and he shall be paid for such
| water and for the use of the main to be con-
! structed by him within the city limits as
! herein provided for such sums, using each
! thousand gallons of water supplied the
! basis por estimation as his bid to lie made
/ pursuant hereto and accepted by the Board of
Trustees shall specify. Payments to be made
on the 9th of each month for the sum owing
! for the quantity of water used for the month
/ preceding, but in the aggregate the city shall
| pay at the end OF the year for not less than
nine hundred millions tor each year.
Section 10. 1t is understood and agreed
! that II by reason OF any law existing or which
! may hereafter be enacted any particular pro-
| vision OF this ordinance, or the contract to
/ be made pursuant thereto, shall fail the re
! lease OF the parties or either OF them from
such provision shall not Vitiate the entire
| contract nor shall the other provisions of the
contract be affected thereby, and neither the
! city nor the contractor shall thereby be re-
! leased from any other prov Vision of the con-
/ tract, or from any other obligation thereby
1 imposed. And If at any time during said
/ term the quality Of said water shall become
J impaired or shall fall below the standard
adopted and accepted by the Board of Trus-
| tees Aforesaid, or II 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 expense, shall have the right to sup
/ ply water temporarily from the Sacramento
| River by means ofthe water works at Front
| and streets, now owned by the city, and il
/ such lnsuthclency in quality or quantity or
| either be not fully removed and remedied
! within six months OF its occurrence and q
notice specifying the defect shall have been
/ served on The contractor, then the city shall
| have the rghtto cancel the contract and be
| under no further obligation by reason thereof
| but may in such contingency obtain her
1 water supply from any other source
available. During the time such contractor
shall be thus temporarily supplying the
/ water to the city from the Sacramento River
! he shall receive only two-thirds of the COM
pensation therefor otherwise provided to be
| paid him, the other one-third being retained
| by the city for the use of its plant.
/ Secdon Il. Ii, for any reason, the contract
shall be terminated, then the city shall be-
come thereby the absolute owner ofalI MAINS
cOnduits and pipes laid by the contractor
| within the city limits, and shall pay to the
contractor therefor the then reasonable value
| thereof to be determined by arbitration, in
/ the same mode hereinafter provided at the
time, the payment to be at the option OF the
/ city, either in cash or IN bonds of the city,
bearing interest at not less tnan 5 per cent.
per annum, payable semtannually, and to be
! uuly issued according to law.
Section 12. During the eighteenth year of
the said term of twenty years the city OF Sac
ramento shall have the right and option to
purchase the water rights, lands, dams, reser-
vOirs. buildings, machinery, wells and prop
/ erty constituting the water system made use
| OF by the contractor and, If the city shall de-
| termine to purchase, there shall thereupon be
/ three appraisers appointed, one by the Board
/ OF Trustees CI the city, one by the contractor
| and the third by The two thus selected il be-
! ing understood that the agreement of the CITY
to purchase water for the term herein speci-
! fed mt the rate for which bid for such sup
ply may be accepted Is Il part of the consider
alton moving the contractor TO sell and
! convey upon the terms herein specified.
said appraisers shall determine the act
Ual value OF the property constituting
such water system. In determining such
value the appraisers shall not consider
any element of good will or franchise OF
water rights, but shall only consider the
actual intrinsic value of the land, wells, ma
| teflals. pipes, wares, machinery, dams, reSer-
NOirs, mains and other property, as if ac-
quired in the first instance, taking into con
sideTation depreciation in machinery and
| other perishable property. If the city Shall
| be satisfied with the valuation thus fixed by
| the arbitrators, and the same shall be ap-
! proved by majority vote OF the electors of
said city, the city shall become the purchaser
| of the property at the end OF said term of
| twenty years and pay therefor the appraised
| value, payment to be made either in cash or
| in bonds OF the city bearing interest at 5
! per cent. per year. payable semi-annually, to
| be duly issued according 10 law at the option
OF the city. If the city shall not elect TO ac-
| cept the property at the valuation fixed by
| the appraisers, or shall not exercise its
| option, such failure to exercise its option
| shall nave the effect of renewing the contract
years before the expiration OF such addi-
| tiOnal five years the city may again exerci Sc
the option to purchase it at the end of said re-
| neWed term at the then appraised value and
| If not availed OF. the contract shall be con-
| sidered extended to a further term OF five
years, on the sans terms as before. The said
| right to purchase as aforesaid shall be q part
| of each renewal The contract shall be re-
| newed, however, only for two terms OF five
years each after the expiration OF the first
| twenty years, and unless the city exercises its
! option to purchase before the end of said
| thirty years its option shall cease, and at the
end OF said thirty years, If not sooner termi-
mated by purchase. the said contract shall
be at an end. But at the end of the first
twenty years herein mentioned. the city, if it
does not elect to purchase, shall have the
| right to fix the price at which water shall be
| furnished to said city and its Inhabitants
having, regard to q fairreturn of the amount
| invested, and 1t being understood that the
| option to purchase on the terms herein
stated is an inseparable part of the contract
and is an inducement for both parties to enter
! into such q contract.
Section 13. The water to be supplied shall
/ be furnished either from natural streams or
| it shall be subterranean water. 1t furnished
| from natural streams then it shall be from
! streams having their sources in the Sierra
| Nevada range OF mountains, and shall be
taken from said streams at points above all
| known sources of contamination. If the
water to be supplied shall be subterranean
water then it shall be obtained from well
or system of wells TO be sunk at such places
within the County OF Sacramento, and out
SlOc OF llIllS Ol lily Ol that
/ the well nearest the city shall be located at
| least one-half mile from the present limits
OF the city. Such wells shall not, nor shall
any of them, be sunk, within distance nearer
| than one-half a mile from any natural surface
stream or pond of water. The mouth of each
| well shall be at such an elevation as to afford
| a drainage OF all surface water away from the
| entrance of such well, and the contractor shall
! be obligated to fully prevent the accumula-
! tion or existence near any well OF any sub
| stance calculated to create impurities in
! water IaHl well made Nal ha
! toa depth OF not less than 14O feet vertically.
/ below the natural surface of the earth. and