The Neihart herald. [volume] (Neihart, Mont.) 1890-1901, 1895-03-09
ORDINANCE
NUMBER 27.
A Copy of the Document as 1t
Was Passed by the Hon
Orable Council.
IT HAS PROVED A CRAVE MISTAKE.
But the Error Can not BE Laid
to the Charge of Ig-
nOrance.
IT HAS PROVED A CRAVE MISTAKE

Below we furnish copy of ordin-
ance number u, which was insidious.
ly worked through the council of the
town of Neihart, and which accepted
an incomplete water system. Read
ers of the HERALD will remember
that last weeks issue contained some
particulars regarding the water fran
chise, as explained in ordinance num-
ber is, also the report of city engi-
neer Heron as to the actual condition
of the water system. We stated that
whereas the legal adviser and chief
promulgator of this company says
his mains are below the frost line,
that Engineer Heron finds them in
places only one foot deep. We aver
that even in the Gulf states such
plant could not be insured against
frost. We do not accuse Messrs.
Healey, Raymond, Mix and Pierse
of rascality or of fooery as the Miner
implies, but we do most seriously
question the Judgment of these men
as it was manifested in this particu-
lar transaction. 1t was not through
ignorance this ordinance was passed
for vigorous fight was made by
McAssey and Crawford against the
acceptance of the system. Then the
water company virtually acknowl-
edged that the system is not com
plete by depositing bond of s2,-
600 for its completion by certain
time. 1t has never been completed.
After considerations go to show that
it can not be completed at cost of
$4,000, and the legal adviser of the
company is reported as having de-
clared that the bond of $4,000 on de-
posit with the council is of no value.
The following ordinance, passed
March 8, 1893 and published next
day, was created by a vote as follows;
yeas: Healey, Mix, Pierse, Ray
mond; nays, Crawford, McAssey:
ORDINANCE NO. 81.
An ordinance accepting as complete and
in conformity to the terms Of ordinance
No. 1G, the Ncihart Water company's
water works.
BE it ordained by the board of alder
men of the town of Neihart, Montana,
section No. /, that
WHEREAS: By terms of ordinance
No. 16, and the amendments thereto, a
franchise to lay and maintain water
mains throughout all streets and alleys
of the town of Neihart was granted
unto Thomas Z. Brady and William
Brady, their associates and assigns, and
WHEREAS: In said ordinance a con-
tract was made between the town of
Neihart aforesaid, and the said Thomas
E. Brady and William Brady, their asso-
ciates and assigns, to furnish the said
town with water for fire and sewerage
purposes, the terms of which are more
specifically set forth in said ordinance
No. 1G, and
WHEREAS: The time within which
the said plant should be completed hav-
ing been extended by the city council up
to and including the 7th day of March,
1898, and
WHEREAS The said plant has been
inspected by the board of aldermen of
said town Of Neihart and found to be
and conform to the terms and require
ments of said ordinance No. Is and
amendments thereto.
Now THEREFORE,: BE it ordained
that said plant or system of water works
so constructed by said Thomas L. Brady
and William Brady, their associates or
assigns; and now owned by the Neihart
Water company, be and the same is
hereby accepted by the town as complete,
and declared to be in accordance and in
full compliance with the terms of said
ordinance No. 16, and all amendments
thereto; henceforth the town of Neihart
shall assume control over the hydrants
of said water works, as described in said
ordinance No. 16, and the rental due to
the said Neihart Water company from
the town of Neihart for the use of said
hydrants. shall commence on the Sth day
OF March, 1893, and continue thereafter
according to the terms of said contract.
Passed by the board of aldermen at
their regular session held in the town of
Neihart, on the Sth day of March, 1898,
and approved by the mayor on the same
day.
DUNCAN MCDONALD,
SEAL Mayor.
Attest, RICHARD BENNETT,
City Clerk.
1t must be mentioned that great