The record-union., 1895-01-19

QuauueQ electors OF said city to vote upon
the proposition of said board, which said
election was held within fifteen days after
the publication aforesaid had been made,
to wit: on the Goth day of August, 1893,
and they did appoint the judges and in
spectors of said election.
And whereas, on the 2Sth day of Au-
gust 1898, the said Board of Trustees did
canvass the returns Of said election,
which show that said proposition was
duly carried in the affirmative, and said
Board OF trustees, pursuant to the power
IN them vested, has, by a resolution duly
passed and adopted, agreed TO enter into
and execute this contract, providing that
the same shall be signed and executed in
the duplicate and on behalf of the said
party Of the first part, the said City of
Sacramento, by the Mayor and President
of the Board OF Trustees of said city, and
countersigned by the Clerk of the board,
and the seal of the city attached.
Now, in consideration of the premises,
the said party of the first part, through
its Board of Trustees, pursuant to the
authority in them vested, and the said
party Of the second part do covenant,
stlpulate and agree with each other and
their successors and assigns as follows,
to wit:
l. The water to be furnished shall at
all times be pure water, as that term is
commonly understood--that is, the water
shall at all times be clear, sweet and
wholesome water, suitable for drinking
water and domestic uses: and before the
party of the second part enters upon the
supply Of such water a sample thereof
will be supplied to the Board of Trus-
tees, and, il the same is acceptable, the
same shall be adopted as standard, and
the quantity of water to be furnished
during the existence Of the contract shall
be up TO the said standard. 1t is under
stood, however. that if the water fur
nished shall always be equally as whole
some, as free from impurities and organic
maNer and as suitable for drinking water
and domestic uses as the sample accepted,
then it shall be considered as coming up
10 the standard required, though the re-
suit of chemical analysis thereof may
show variation III the organic matter.
?. The quantity of water which shall be
supplied shall be 1000, 100000 gal
Ions per annum, and said quantity is
hereby designated as the minimum, and
wherever the term minimum is used it
shall mean said quantity per annum in
such daily quantities as may be required
by the said city, not exceeding, however,
any one day 10000, 600 gallons. And said
quantity OF 100000 per day is hereby
designated as the maximum, and where
ever the term maximum IS used it shall
mean the said quantity per day, and the
party OF the second part shall be prepared
at all times to furnish ana shall furnish
so much water as may be so required up
to said maximum for each tWenty-lOur
hours. And he shall erect and maintain
such plant, pipe, line or system as will
at all times furnish said maximum for
each twenty-fOur hours, so that said
quantity may be furnished whenever de-
sired. But the city shall not be obligated
to pay for the said maximum per anuum
if the same should not be used by the city
and its inha btants, but shall take at
least that quantity from the party of the
second part if actually required by the
city and It's inhabitants, and shall have
the right to obtain the surplus of water
over said maximum per annum required
for the use OF the city and its inhabitants
from any other source or to furnish it
through its Own works. But if said city
snail require to take more than said max
imEm, the party OF the second part shall
be prepared TO furnish the same and shall
supply the same to the extent of said
maximum per day at the same rate for
each LOCO gallons as herein provided.
5. The water delivered to the city shall
be measured by water meter or meters
OF construction to be approved by both
contracting parties, 10 be erected and
maintained by the party of the second
part but TO remain under the control of
the city, subject TO constant inspection on
the part OF the party of the second part,
which meter or meters shall be located
where the water main delivering the
water enters the city. At this point
constant pressure of not less than forty
pounds TO the square inch shall lie main
tanned, which pressure must he promptly
increased whenever a fire alarm shall be
sounded TO as high as one hundred pounds
to the square inch II the city authorities
so desire.
4. The party of the second part shall
furnish the material to construct, lay
down, and place water main Of No. 10
Birmingham-gauge iron, said main to
be thirty inches in diameter, double riv-
eted, and TO be coated with an approved
formula asphaltum dipping. The said
main shall be located from the point
where the waller meter or meters shall
be located in the nearest practicable way
or route, and directly 10 Sixteenth and
L streets. in the city OF Sacramento, and
thence down l. street, to Tenth and l.
streets, and a main OF like construction
and material but Of such smaller diam
eter as the party of the first part, by its
Board OF Trustees, may direct, snail be
located from said point at Tenth and l.
streets, to Second and i streets. in said
city. In placing said main the party of
the second part shall cause proper con-
nections to be made with all distributing
water mains now in place, or which shall
cross the line Of said main, and also at
the time Of putting down the main pipe
supply II at such point with tees, elbows,
or crosses for the connection with il Of
such distributing pipe ana mains as may
become necessary, but all to be deter
mined before said main is laid down,
But the said main shall be the sole prop
erty OF the party of the second part until
purchased with the plant by the city, or
as otherwise herein provided.
D. Pumping works and machinery Of
the party OF the second part, and also that
portion OF the water main outside of the
city limits, shal. be located on the ground
OF which he is absolute owner in fee. or
in, through, over or under. which ne has
q perpetual easement and the right Of
way tor that purpose: and al land on
which Is located any of said dams, con-
dUlts, reservoirs, pumping works, ma
chinory, and that portion of the main out
side the city limits shall be subject to an
easement Tor said purpose, and the obli-
CATION 10 furnish water to the city in ac-
cordance with this contract shall be an
obligation running with the land; that is
to say. the title OF the party Of the second
part to the grounds where the pumping
plant and other machinery is located, and
where the mains are laid outside of the
city, and all pumps, engines. tanks, res
ervOirs, stand-piDes, machinery, build
ings ana mains, owned by or made use OF
by such second party supplying the
water, shall at all times De primarily liza
bic for the performance OF this contract,
Notwithstanding any transfer made or in
cum brance placed thereon.
&. The party of the second part shall
not furnish water direct to the iuhabit-
ants. nor have any control whatever over
the mains, laterals, distributing pipes,
water rates 10 consumers or collection OF
water rates within the city. and the city
shall have the right and power to enter
into any contract with any other person,
company or corporation, Tor the supply
of any quantity OF water, in xcess of said
LOCO, 900 900 gallons per annum, or to OBJ