San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1894-02-28

month, and for each month after
said time that such work is not
completed, the said party Of the
second part shall forfeit and pay
party Of the first part the sum of
two hundred dollars for each two
thousand feet OF main not COM
pleted, to be deducted out of any
moneys due the Waterworks COM
pany by the City of San Antonio.
Eighth: That the party OF the
second part hereby further agrees
that said waterworks shall be Of
durable material, and first-class in
all respects and capable of supply
ing at all times during the contin-
uance of this contract to the city
and the citizens of San Antonio,
water to the amount of at least
seventy-five gallons per individual
per day of twenty-fOur hours, also
with the pressure from its present
reservoir, and shall maintain said
supply of water in the pipes at all
times, except it be in case Of acct
dent or to repair the said works, in
which case such time as may be
necessary shall be allowed for re-
pairs.
Ninth: That it Is expressly
agreed and understood that the
party of the first part shall have
the right, by ordinance, at any
time to annul this contract Eek
cept as to sections 18th, and 18th,
and the rights of party of the Sec
ond part Hereunder which can
not be annulled or affected)
land from the time this
contract is annulled the same
shall have no binding force or eff
feet, except "as to such sections
14th, and 18th, also as to section
10th, hereafter" which three sec
tions shall continue in full force
and effect, Notwithstanding the
remainder of the contract is an
nulled.
Tenth. That it is further agreed
and understood that the
Water Works company in
consideration of the rates herein
agreed upon, and for the further
consideration of the grants and
privileges herein made by the
party of the first part does hereby
bind itself, it's successors and as
signs, and does hereby agree that
that said party of the second part,
its successor and assigns, during
the continuance of it's, or their
present charter, or any eXtentions
thereof that it, or they, may here
after obtain, shall ever make any
charge to said city of any amount
whatever for the flushing of it's
sewers and such water closets as
the city has the right to have
flushed under subdivision third
"a" of this contract, as herein
provided for, or shall ever make
any charge for flushing one water
closet in each house within the
corporate limits Of said city, where
the city may establish sewer
mains, provided such house is
occupied by a water taker from
second party, and pipes therein
connected with water mains of
second party. Provided that this
section shall not apply or be bind
ing upon the party Of the second
part should the city construct its
own system of waterworks, or any
other system be established in said
city, and water for public purposes
be taken by said city from such
other system, and provided further
that this section shall not be
binding upon party of the second
part, unless party Of the first part
shall pay to party of the second
part, it's successors and assigns, at
least the sum of 100000 per month,
as above provided, during the nine
years fixed by this contract for
water furnished for public pur-
poses, and provided further that
this section shall not be binding
upon the party Of the second part
after said term of nine years has
expired any longer than party of
the first part continues to take
from party of the second part
water for public purposes, and to
pay therefor at the rate of not less
than $2O,O00.00 per year.
Eleventh: That nothing in this
contract shall be construed into
the granting to the Waterworks
company of any exclusive privilege
of occupying streets, squares, plaz-
as, alleys, ETC., or furnishing water
fOreitherprivate rpublic purposes,
or, as taking from the City Council
any legislative power, as to fixing
rates for private and public pur-
poses.