Camas Prairie chronicle. [volume] (Cottonwood, Idaho) 1901-1917, 1908-02-07
ORDINANCE NO. 81.

4 An Ordinance authorizing the Cottonwood
Water & Light Company Limited, a corpora
ton created under the laws of Idaho, to con
! struct and operate for fifty years system o
/ water works in the Village of Cottonwood anC
for that purpose to occupy and use so much o
the streets. lanes and alleys and other public
! grounds thereofas may be necessary for the
same and regulating such use, ane to supply
water to said village and its inhabitants and tC
collect rates therefor, and providing the
method for determination of such rates.
Be II ordained by the Chairman and Board Of
Trustees OF the Village of Cottonwood
Section l: That the Cottonwood Water s
Light Company. Limited. corporation created
under the laws of Idaho, its successors and as
signs, is hereby authorized reconstruct maintain
and operator system of water works in the
Village OF Cottonwood for the period of fifty $50
years, Tor the purpose of supplying water to the
inhabitants OF said Village and to the said Vii
| lage, and to charge and collect rates therefor
that such rates shall be reasonable and shall bC
uniform and equal to all alike and shall be based
upon the service supplied proportionately, with
out discrimination in favor Of or against, any
| person or persons whomsoever.
| And said Water & Light Company, its success
/ sors and assigns shall furnish water to the eX
tent of its means in case of fire or other great
necessity. All water furnished under this
ordinance shall be furnished at reasonable rates
/ to be established in the manner hereinafter sci
| forth.
| Section D. Water furnished shall be pure and
wholesome and kept fresh and free from con
| tamination.
! Section g. Said Water & Light Company, its
successors and assigns are hereby authorized tc
/ use so muCn only OF the streets, lanes, alleys
and other public grounds of said Village as may
/ be necessary and reasonable for the purpose
mentioned in Section l of this ordinance
| Whenever any change is made in the natural OF
| legally established grade of any street alley or
public ground of said Village after said Company
has installed any of its works therein or thereon
said Village shall pay said Company the cost oil
readjusting its works to such changed grade
provided that before laying any main of fou1
inches or larger size 30 days previous notice
shall be served on the Village Clerk Chairman
of Village Board to enable the Village to take such
action on the matter of grades within such &c
days as it may deem necessary.
Section a: In the construction of said system
OF water works the said parties shall use material
required by good and substantial system shall
place all pipes below the line of ordinary frosts
and when ground is once broken work shall be
prosecuted to completion without interruption
delay or unnecessary or prolonged obstruction to
traffic or business and no street crossing shall
be wholly closed or rendered impossible at any
time without express concurrence of the Board
of Trustees previously obtained, and immediate.
ly upon completion of laying of pipe the excava.
ton Tor the same shall be Immediately filled
and the surface left even with the grade of the
streets and said parties shall place and keer
signals at all dangerous excavations made,
Section S: The said Water & Light Company
its successors and assigns are hereby required tc
commence the construction of said water works
ordinance and to carry the same to completion
within two W years after the passage of this
ordinance.
Section 6: The rates to be charged for water tc
I
mined i'll the manner prescribed by An Act tc
amend Section 27l1 Of the Revised Statutes of the
State>of Idaho, as amended by An Act approved
March g, 1905, approved March 10, 1907 - laws OF
1907, page SIS, and i'll accordance with any
amendment or amendments or notifications
that may be made of the said Act from time to
time.
Section 7: During the period the franchise
herein granted shall exist, this franchise shall be
voidable by the Village of Cottonwood and its
successors only upon Judgment of a court OF
competent jurisdiction, whenever there shall be
a substantial failure upon the part of said Water
& Light Company or its successors or assigns, to
keep or perform any agreement on its part here
in specified. But accident or reasonable delay
shall not be deemed such a failure And until
this fransChise shall have been SO avoided, the
Village of Cottonwood shall not erect, maintain
or become interested in any other water works
for supplying the said Village or its successors
and the inhabitants thereof with water, provided
however, that said village may take condemn,
and pay for the water rights, works and other
rights and property OF said Water & Light Com
pany, or its successors or assigns at any time.
Section s. Snid Water & Light Company its
successors and assigns, shall provide water ser
vice capable of furnishing i'll case of fire other
great necessity so pounds pressure at hydrant on
Main street i'll said Village, and two seven-eights
u inch streams or three-quarter Cd inch streams
projecting water to an altitude of at least forty
(40) feet and shall maintain a system of sufici-
ent capacity to supply village OF at least fifteen
hundred Q500) inhabitants. and shall extend the
same, if necessary, in advance of all future de
mands of said service. That there shall be re-
serve of 100000 gallons of water. An inch main
shall be provided from stand pipe to the village
and on Main street between Idaho and Broad
way streets. six (6) inch main shall be pro
vided on King street All mains shall be circulat
ing as far as consistent with good business man,
agement.
Section 9: The Village of Cottonwood shall
furnish and place at such places as they may see
fit and connect with such water works such fire
hydrants as they may deem necessary at its own
cost and expense, and shall pay to the said Water
& Light Company, its successors and assigns, fol
use OF said water, at rates to be determined as
provided i'll, this ordinance.
Section 10. The Village of Cottonwood shall
| have unlimited use in case of fire, and Through
it's officers employees shall have all reasonable
and necessary control OF the water mains and
! other works for extinguishing of fires, and fol-
| the flushing of sewers under the direction oil
such officers as the Trustees of said Village shall
designate, not oftener than once a week and for
! the purpose of drilling fire companies, and fol-
such other usual municipal purposes, and shall
use such water as may be necessary therefor
provided said Village shall be responsible to said
Water & Light Company, its successors and as
signs, for any damage occurring through the
| carelessness or negligence of its officers.
Section IL; That said Water & Light Company
or its successors or assigns, shall file with the
! Clerk OF the Village of Cottonwood written ac
ceptance of the provisions of this ordinance with
! in two ~ months from the passage thereof and
! before the commencement of the construction Of
! said water works otherwise they shall be deem
ed to have rejected same and to have waived theil
rights hereunder And upon the filing of such
acceptance the Village Clerk shall furnish said
! Water & Light Company certified copy of the
acceptance so nled, ana the ming OF SuCh writer
acceptance shall constitute a contract between
said Village and said Water & Light Company
its successors and assigns, without the necessity
of any further formality.
Section p: This ordinance shall be in full
force and effect from and after its enactment
approval and publication.
Passed and approved this second day o.
December, 1907.
Attest: STUART SEVERNS
| M. NJ BELKNAP, Chairman, BoarC
Village Clerk. of Trustees.
Published in CANVAS PRAIRIE CHRONICLE
| February 7, 1908