The record-union., 1895-01-19

by reason of any existing law. any par
tlcuIar provision Of this contract shall
tail, the release of the parties or either of
them from such provision shall not viii
ate the entire contract, nor shall the other
provisions Of the contract be affected
thereby, and neither the city nor the
party OF the second part shall hereby be
released from any other provision OF the
contract, or from any other obligation
thereby Imposed. And if at any time dur
ing said term the quality OF said water
shall become impaired, or shall fall be-
low the standard adopted and accepted by
the board of Trustees aforesaid, or if at
any time the supply should not come up
10 the maximum, II required by the city
ana her Inhabitants, the party OF the sec
ond part under the supervision of the
Board OF Trustees, at his own expense,
snail have the right TO supply water tenn
porarlly from the Sacramento River by
means OF the water works at Front and [
streets now owned by the city, and if
such lnsufflclency in quality or quantity,
or either, be not fully removed cor reme-
dled within six months of its occurrence,
ana notice specifying the defect shall
nave been served on the party of the sec
ond part, then the city shall have the
right to cancel the contract, and be under
no further obligations by reason thereof,
but may in such contingency obtain her
water supply from any other source avail
able. During the time such party of the
second part shall be temporarily supply
ing the water to the city from the Sacra-
mento River, lie shall receive only two
thirds of the compensation therefor
otherwise provided to be paid him, the
other one-third being retained by the city
for the use Of its plant.
9. The water system herein cOntem-
plated shall be completed, and the party
OF the second part shall begin and con-
inn ,t1liy +l,,o
causing the water to flow through the
mains under the contract pressure herein
provided for, and In such quantity
herein provided for, within eighteen
months OF the execution of this contract.
Within sixty days OF the signing Of this
contract the party of the second part must
begin IN good faith such prospecting and
Investigations as may be necessary TO
determine whether an adequate and
proper supply of water exists at the pro-
posed location OF his plant and wells, and
he shall prosecute such Investigations in
good faith and reasonable dispatch, so as
to fully determine within six months
alter the gning Of the contract whether
such supply can be obtained. If it shall
be ascertained that such sufficient supply
OF water does not exist or cannot be de-
Veloped, such party OF the second part
shall Tile an abandonment of this con-
tract, and both parties shall be released
from ali liability therein. If such supply
be developed of the quantity and quality
herein contemplated, then such party OF
the second part shall proceed vigorously
ana diligently TO sink the necessary
wells, obtain and put i'll place the DeceS-
sary pumps and other machinery, erect
the necessary buildings and lay the main
herein provided for, and do ali other
things necessary so as to complete the
system aud be prepared to actually COM
~ a Of rn,. tn bn
within eighteen months next after the
date OF this contract.
10. II, Tor any reason, the contract shall
be terminated. the city shall become there
by the absolute owner Of all mains, con-
dults and pipes laid by the party of the
second part within the city limits, ana
shall pay to him therefor the then reason
able value thereof. TO be determined by
arbitration in the same mode hereinafter
provided, the payment to be, at the Op-
tlon OF the city, either IN cash or in bonds
OF the city bearing interest at not less than
per cent. per annum, payable semi
annually, and 10 be duly issued accord
ing to law.
II. The said party of the second part has
deposited with the party Of the first part
a certified check in the sum Of SlO, 900 pay
able TO the Mayor OF the City Of Sacra-
mentO, and said check shall stand for six
months as security of the city that the
party OF the second part will comply with
all the provisions of Section 8 hereof,
relative TO determining within said six
months whether the water in quantity
and quality as contemplated herein can
De obtained. If the party Of the second
part shall within six months demonstrate
that such supply cannot be developed
within SAID time, then the said check shall
be returned to him. But il such supply
be developed within said time, said check
shall hn rptIlTn1H n tho ~ y pf he
ond part upon his giving and filing good
and sufficient bond in the sum of 500
with TWO or more SureteS, to be approved
by the Board OF Trustees of the party of
The nrst part, conditioned that il the
Work and waller system herein described
snail not be completed within eighteen
months OF the execution OF this contract,
the party OF the second part will pay all
damages the city may sustain thereby,
not eXceedin the said sum.
i. The water to be supplied shall be
Obtained from well or system Of wells
10 be sunk at such places within the
county OF Sacramento, and outside the
present limits of the city of Sacramento;
that the well nearest the city shall be To-
Gated ct least one-half mile from the
present limits of the city. Such wells
Shall not, nor shall any OF them, be sunk
within distance OF nearer than One-haif
a mile from any natural surface stream
Vi DOlU Ol "dlGT. 1u6 llOllN OF each
well shall be at such an elevation so as to
afford drainage Of all surface water
away from the entrance of such well, and
Tie party OF the second part shall be ODli-
gated TO iuIIy prevent the accumulation
or existence near any well of any sub
stance calculated to create impurities in
water. Each we'll made use OF shall be
sunk 10 depth of not less than 100 feet
vertically below the natural surface of
the earth, and each well shall be sunk to
such depth that the supply of water OBJ
tanned shall be from beneath stratum Cf
clay or other earth imDeTviOus to surface
ana Slpago water, and all water supplied
shall be obtained from below a stratum
OF earth lmpcrVIOuS to surface and sipage
water. and all wells, cisterns, reservoirs,
tunnels and other excavations made use
OF in obtaining such supply shall be
cased 50 as TO fully exclude all surface
and Slpage wafer, so that all water deliv-
cred shall be water obtained from below
such imperVious stratum and free from
all surface and sipage water.
Is. The party of the second part shall
obtain absolute ownership in fee simple
OF at least ten acres OF ground, on which
the pumping works and reservoirs are TO
be bulIt, and such pumping works and
reservoirs shall not be constructed
within 100 feet from the exterior bound
aries of said tract of land; and at all times
said lands and the water works thereon
shall be so managed as to prevent the
accumulation OF any material or sub
stance thereon having the tendency to
create impurities ia the water. And said
land used by said party OF the second
part shall be included within the term
''Iand' III purchase by the city.
II. During the eighteenth year of the
said term of twenty years, the City of
Sacramento shall have the right and
option to purchase the water rights, wells,
lands, reservoirs, buildings, machinery
and other prOpertY constituting thn