Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-07-17

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in full set forth That thereafter, OF
said February 9th, said defendant
company accepted the benefits of said
ordinance upon condition that tho
same should be ratified by the vote OF
/ the people. That on March I. 1894
at special election held for that
purpose. the said ordinance was sub
mittcd to and approved by the people
| Of Albuquerque, and in pursuance OF
| the authority therein set forth, and
of the acceptance of its benefits by
said defendant. as herein before
stated, the contract therein set forth
was entered into by and between said
plaintiff and defendant. and the same
has ever since that time been in fun
force and effect. and the said de-
fcndant has been exercising the rights
ana privileges thereby granted. a
copy of which said franchise and
contract is hereunto ATTACHED and
made q part hereof, marked Exhibit
for Identification
TIT.
That said plaintiff has at al times
since the granting of said tanchisF
and tho execution of said contract
in an respect performed the terms
and conditions thereof to be by it
performed.
"
That BY the terms of said franchise
ana contract ana during the period OF
twenty five years from and after
March eth, 1894, 1t became, was and
l. ,,fe il, MT a "a n
tain and operate water works for
supplying water to said plaintiff and
its inhabitants and to furnish at all
times, for public and private use in
said city, "A good and sufficient supply
Of good water as the same may be
needed and demanded for domestic
and manufacturing purposes so that
it may be drawn off from the pipes
connccting with the mains of said
waterworks in all parts of said city
where said pipes may be, at mini
mum pressure of sixty pounds to tn
square inch at all times. unless pre-
vented through an accident TO the
reservoir. engines. pipes, or other APP
1aratus and machinery of SAID COM
oany: and further to furnish to said
plaintiff all water necessary Tor the
axtinguishment Of fires and Tor hre
purposes. free Of charge. and in ad-
ditfon thereto to furnish free OF
charge twelve million gallons of water
every six months for city purposes, to
he used as the City Council of said
plaintiff shall direct, for the first
hundred fire hydrants rented from II
by said plaintiff, and for each addi-
uonal nre hydrant after the sand hrst
hundred rented from it aus aforesaid
to furnish free of charge to said
ulafntiff seventeen thousand gallons ot
water each month for city purposes
TO be used as said City Cuuncii shali
direct. and plaintiff alleges that TOT
If least three months last past it has
ronted and now rents from SAID de-
fendant one hundred and twenty-siN
fro bvdrants. and pays therefor To-
said defendant. under the terms ol
said franchise and contract lhe sum
of fourteen hundred and seventy
seven dollars and fifty cents tSii'''oV)
ouarterlv or five thousand hlhe nun
dred and ten dollars (S59lO.OOD an
nuaIl,- and is entitled 90 receive
therefor all water necessary Tor tho
axtineuishment of fires and Tor hre
,,,rnoscs. as needed and demanded.
and i'm addition four hundred ana
fortv-two thousand gallons elcu
month for city purposes us hee"'"
and demanded.
That said defendant, n"tWithau'n"-
inc its said duty and obligation un-
Iar said contract and franchise as
d, ,forcsiid. has not furnished 't an
times. for public and private use IN
said city. a good and sufficient suppN
of good water. as the same may p'
needed and demanded for d"neS''.
and manufacturing purposes. 80 that
if may be drawn of from the pipes
connecting with the mains OF tn'
waterworks i'm an parts of said cltN
where said pipes may be-. at % m'ni-
mum pressure of sixty. pounds I" th,
souare inch at an times. and has not
furnished the said plaintiff an wafer
necessary Tor the eNtinguishment oi
fires and for fire purposes ana has
not furnished water 10 said piainilh
for city purposes a. needed and ue-
manded. bur on the contrary thereon
has at All times since June -'th- ls"s