Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1917-11-08
nRnMANCR-Nn. IN .

streets, alleys, and public grounds
in the limits Of the City Of Bax-
ter Springs, Kansas, ~ same now
exist or may be hereafter extend.
ed, for the erection, construct on,
oper. ( on and maintenance of
mains, pipes, MIGRANTS and other
Appearances, equipment and appli-
ances TO be used In supplying the
City and its inhabitants with wat
er for domestic and public pur-
poses, and also contracting for
and fixing rates to the City and
its inhabitants for said period for
supplying water for public and
private use and contracting for
the furnishing to the City Of Bax-
ter Springs, Kansas, fire protect
. ion in accordance with hydrant
rentals provided for herein and
providing for the payment thereof,
. imposing restrictions to protect
public property and defining the
rights and privileges hereby
granted and conditions thereof.
BE IT ORDAINED BY THE MAY
OR AND COUNCILMEN OF THE
CITY OF BAXTER SPRINGS, KAN
SAS, AS FOLLOWS, To-WlT:
Section l. That G. Frank Bilger,
his heirs or assigns, hereinafter cal
led the Grantee be, and hereby is
granted for O period of twenty COY
years from and after the date when
this ordinance shall become valid and
binding, the use of the streets, alleys,
and public grounds in the limits OF
the City of Baxter Springs, Kansas,
rs same now exist or may be hereaft-
er extended, or so much thereof as
may be necessary in which to lay
water pipes and maintain all appli-
ances necessary or proper for supply
ing water to the said city and its
inhabitants, as herein contemplated
and provided, for public and private
use, and for domestic, manufacturing
or industrial use in said City, and to
make such excavations in such streets
alleys and public grounds in said City
of Baxter Springs, as may be neces--
sary to extend, repair, maintain and
operate water pipes below the sur
face of the ground for conveying and
distributing water as aforesaid.
Section 2. During said period of
time herein contemplated, unless wat
err works and plant of the said
Grantee shall be sooner purchased by
said City as hereinafter provided, the
said G. Frank bigger, his heirs or as
signs, shall have the right to main
tain and operate water works for sup
plying the said streets and alleys, and
public places, in said City of Baxter
Springs and the inhabitants thereof,
with water for public, domestic, man.
ufacturing and industrial use in said
City.
Section 3. 1t is agreed and under
stood that Grantee shall acquire suf-
ficient ground, to be owned by
Grantee in fee simple, in the City of
Baxter Springs, Kansas, within two
(2) years from the date when this
franchise becomes effective, and shall
have sunk and properly equipped deep
wells having sufficient capacity to
supply ample water for all purposes
named IN this franchise, independent
of any deep we'll or wells, then held
under lease, and such wells shall be
of sufficient depth to secure water of
equal quality to that obtained from
the we'll now in use, and they shall
be cased to sufficient depth to eX-
clude all water from levels of mines
adjacent to said City. No water shall
be supplied by said Grantee from any
source other than deep wells and said
water shall at all times be pure,
wholesome and reasonably suited for
the purposes herein mentioned.
Section 4. In laying, constructing,
operating and maintaining of mains,
pipes and other appliances, all pave
ments, side walks and excavations
shall be replaced and repaired with
like material and left in as good con-
dition as before the laying of such
mains, pipes and other appliances.
All mains shall be laid and construct
ed on the side of all streets eight (8)
feet from the curb line, and in the
alleys four az feet from the proper
ty line, and shall be laid in trenches
of a minimum depth of three (3)
feet below the grade line at such
street or alley as established by the
City Engineer. All service pipes and
pipes other than the mains them
selves shall be laid in trenches of a
minimum depth of two (2) feet.
All mains and pipes shall be laid
so as to interfere as little as possible
with the use of said streets, alleys
and public grounds, or with the prop
erty of others, and so as not to in
terfere with or injure, or disturb, gas
pipes or other pipes previously laid;
and the said Grantee his heirs or as
signs, shall hold the City harmless
from all liability for injuries to per-
sons, animals and property, caused
or resulting from any excavations,
and providing further that all such
excavations shall be made in accord
ance with the provisions of the Cen
eral Ordinances regulating eXcava-
tons in streets and alleys.
Should the Grantee fail, or refuse
to replace or restore any pavements,
side walks or surface on any street |
or alley over an excavation made by
him, by virtue Of this grant, in laying |
constructing operating and maintain |
ing any mains or pipes exclusive of |
service lines, in the manner herein |
provided, within ten (10) days from |
the opening of said trench, then at |
the option Of the City Council, it may |