The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1914-1938, 1923-10-04

tnan hve blocks in length at any ons
| Time; provided further, that If, dur
ing the lifetime of this franchise, an,
street, alley or public place in thu
| ClIy OF kennewick in which mains oil
the Grantee shall be or shall have
Deen placed, is thereafter improved
0! matchmaking, planking, curling
OF otnerwise improving the same, AND
the maintenance of said system shall
require the tearing up of such i'm
provement, or any part thereof, il
snaii be the duty Of the Grantee
promptly to restore such portion of
said street to its former condition
The Grantee shall be liable to the
City OF kennewick for all damages
lesuiting from any injury growing
OUT OF any carelessness, omissions OF
neglect OF the said Grantee in the
construction or repair of said works
provided that upon the City of Ken
newick receiving notice of claim for
payment tor any damages or injury
SO done, the said City of Kennewick
snail within thirty 1907 days there
a1ter cause written notice thereof to
De served upon the Grantee, specify
ing In such notice the nature of the
INJURY for which damages are claim
ed, and the amount of the claim
tnereof, and all proceedings taken by
the City of Kennewick after such no
,tice shall be binding upon the Grantee
unless the said Grantee shall see fit at
Flts own expense to litigate the same.
The said Grantee shall place and
keep danger signals and guards about
all excavations made, at all times and
snail place at least two red lights at
each such excavation during the night
time. Upon any neglect of the Gran
tee, in any of the requirements here
In, the Council of the City of Kenre-
wick shall have the power to repair
such neglect at the expense and
charge of the Grantee, and the cost of
repairing the same shall become a
lien upon the property and works of
the said Grantee until paid, and shall
be enforced as other liens under tine
code of civil procedure.
Section 5. The Grantee, its sue
cessors and assigns, shall furnish
free water for one drinking fountain,
and for every group of ten (1O) n.y.
Grants, or major fraction thereof,
shall also furnish free water for one
trough to be installed at the place to
be designated by the Council of the
City of Kennewick. Said fountain,
trough or troughs shall be furnish
ed, installed and kept in repair by
the City of Kennewick and shall be
OF the customary and ordinary size.
The Grantee shall at all times here
under maintain reservoir having a
capacity IF at least two hundred
thousand GOO, O0O) gallons, and in
case the growth of the city shall be
sufficient to make reservoir of such
capacity inadequate for the needs of
the city, then the Grantee shall pro-
vide for increase in the reservoir ca
pacity to such amount as shall be
adequate at all times to take care of
the requirements of the water users.
Such reservoir shall have such an
elevation that the bottom thereof
shall be at least ninety (9O) feet
above the United States Coast and
Geodetic Survey Bench Mark located
on the south side of Front Street in
the said City of Kennewick, which
bench mark has an elevation of three
hundred sixty-seven and seven humid
red forty-five one-thousandths $751;
745) feet. The maintenance of such
reservoir from which water shall be
supplied for domestic, irrigation and
fire purposes, shall be accepted by
the City of Kennewick as sufficient
provision for water pressure for all
purposes, except that during confla-
grafton the Grantee shall be required
to furnish from the pumps maintained
as a part of the waterworks system
constructed hereunder, direct pres
sure of one hundred (100) pounds per
square inch. The static pressure fur
nished by the reservoir shall be used
in case of conflagration until direct
pressure from the pumps shall be
available.
Section 6. The City of Kennewick
reserves the right to require new
mains to be placed and old mains to
be extended to keep pace with the
growth of said city; provided, how
ever, that as to any additional main
so required provision shall be made
for the installation of one fire hy-
drant for at least every seven humid
red sixty (760) feet of such main, and
for the payment by the City to the
Grantee at the regular rate for the
maintenance and operation of each
additional, fire hydrant so installed.
Section z. The Grantee is hereby
authorized to construct hereunder out
side the limits of the City of Kenne-
wick, and to purchase the right of
way for the same, and for the purpose
of protecting and maintaining the
same from injury and the water from
pollution, such reservoir sites, rights
of way or conduits, water mains and
appurtenances as may be necessary
for the establishment of complete
system of waterworks. The jurisdic-
ton of the City of Kennewick shall
extend over the territory occupied
by said works and all reservoirs,
streams. trenches, pipes drains and
appursenances used in and necessary
to the construction, maintenance and
operation of the same and over the
streams or source from whence the
water is taken, and for five (5) miles
above such points of taking, and the
CITY of Kennewick shall enact all or
dinances necessary to carry this pow
er into effect.
Section 8. Nothing herein contain
ed shall be construed as giving or in