Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1917-11-15
First published In The Baxter Springs
News November 8, 1917.
NO. l7o

mains, pipes, hydrants and other
appurtanees, equipment and appli.
unces 20 be used In supplying the
City and lie inhabitants with wat
er for domestic and public pur.
poses, and also contracting for
and fixing rates 70 the City and
lie inhabitants for said period for
supplying water for public and
private use and contracting for
the furnishing 10 the City Of Bax-
ter Springs, Kansas, IRE 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 NAY
OR AND CoUNCILMEN OF THE
CITY OF BAXTER SPRINGS, KAN
SAS, AS FOLLOWS, To-WIT:
Section 1. That G. Frank Bilger,
his heirs or assigns, hereinafter cal
led the Grantee be, and hereby is
granted for q period of twenty (2O)
wears 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,
AS same now exist or may be herea1t-
er extended, or SO much thereof rs
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 Is aforesaid.
Section 2. During said period Of
time herein contemplated, unless wat.
er works and plant Of the said
Grantee shall be sooner purchased by
said City as hereinafter provided, the
said G. Frank Bilger, 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. It 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 well 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 fol-
the purposes herein mentioned.
Section 4. In laying, constructing
operating and maintaining of mains,
pipes and other appliances, all pave
inents, 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 o 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 ~ 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 sucl
excavations shall be made in accord
ance with the provisions of the Gen
eral Ordinances regulating excava
tions in streets and alleys.
Should the Grantee fail, or refus'
to replace or restore any pavements
side walks or surface on any stree
or alley over an excavation made b!
him, by virtue Of this grant, in layinI
constructing operating and maintain
ing any mains or pipes exclusive O
service lines, In the manner herein
provided, within ten (10) days from
the opening Of said trench, then a
the option Of the City Council, 1t ma!
be replaced and restored by the Cit!
. at the cost and expense Of the Gran
tee, and the cost thereof, togethe'
with ten (10) per cent additional, de
Quoted from the next payment 10
u J.. IL