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372 Ordinance and Contract for Water WorksM' Ordinance and Contract for ater Works -Y.4 FOR THE CITY OF SALINA, KA SAS: CONTRACT. - Ordinance and contract for waterworks, at Salina, Kansas. This contract made and entered into this 22d day of March, A. D. 1888, by and between The Salina Water Works Company, of Salina, State of Kansas, party of the first part, and the city C F Salina, a body corporate of the County of Saline, in the State of Kansas, party of the second part, witnesseth: WHEREAS, the City Council of said city of Salina at a meeting held beret ifore on twentieth day of March, A. D., 1883, passed and approved an ordinance entitled "An Ordinance to rovide for a system of water works and for a supply of water to the city of Salina and the inhabitants thereof." Wh ch said ordinance was published in Vile Saline County journal, March 22d, A. D. 1883, as follows to-wit:x. [Published Thursday, March 22d, 1883.1 ORDINANCE NO. 372. An ordinance to provide for a system of water works and a supply of water tk, the city of Salina, and the inhab- tants thereof. Be it ordained by the mayor and councilmen of the city of Salina, Kansas: SECTION I. That there is hereby given and granted to The Salina Water A orks Co., its successors and assigns, the exclusive right and privilege for the term of twenty years from the date of the option of this ordinance of supply - plying the city of Salina. Kansas, and the inhabitants thereof by a system of wateworks with good clear water suit- able for domestic purposes, and for the prevention and extinguishment of fires, an for other purposes subject to the terms and conditions set forth in this ordinance. Said system of water works sha be the direct pressure or what is known as the Holly system, and shall be erected and operated by the said The Sal na Water Works Co., its successors and assigns, as provided in this ordinance. Provided, that the said The Salina W iter Works Company shall have the privilege of laying an influent or suction pipe into the Smoky Hill River, and in he event of a fire and the usual water supply fails to meet the necessities of the occasion, water may be drawn rorn said river to supply the pipes and mains, but such river water shall not be permitted to remain in the pipes an mains for more than three hours after such fire is extinguished. SEC. 2. The said The Salina Water Works Co., its successors and assigns is her y authorized to establish,construct, maintain and operate said works, in or adjacent to the city of Salina, to receive, take and store, purify, conduct and dis- tribute said water through said city, to construct and extend aqueducts, mains and pipes through all the streets, alleys, lanes and public grounds, and across any stream or bridge in said city, t4 erect and maintain all engines, machinery and other appliances necessary for the proper conducting of said woj ks, and for supplying said city and the inhabitants thereof with water of the kind and for the purpose herein mentior d, and for that purpose the said The Salina Water Works Co., its successors and assigns, shall have the right to to up all pavements or sidewalks on streets, alleys, lanes or public grounds, and make such excavations therein as may be i ecessary to lay, repair and maintain aqueducts, mains and pipes below the surface of the ground for conveying and di itributing water as aforesaid ; pro- vided that the said The Salina Water Works Co., its successors and assigns, shall sui ably guard and protect the same so as to prevent injury to persons or property by reason thereof, and the said The Sal na Water Works Co., its successors and assigns, shall be liable for all damages occasioned by the removal of any pave nent, sidewalk or street crossing or the making of any excavation whether done by themselves, their lessees, contrac ors, employees, or sub -contractors in any degree The rights and liabilities provided for in this ordinance shall co inue for a period of twenty years unless sooner terminated as herein provided. SEC. 3. The said water works shall be constructed and operated on the din ct pressure system, the mains, dis- tributing pipes, the total length of which shall not be less than three miles and th ee thousand feet, and shall be from four inches in their inner diameter to twelve inches in their inner diameter, the sa ine to be located as follows, to -wit: On Santa Fe avenue from a point l000 feet south of South street to Pine street, n Eighth street from South street to Iron avenue, on Ninth street from Iron avenue to Pine street, on Fourth stre t from Ash street to Iron avenue, on Pine street from Ninth street to Santa Fe avenue, on Ash -street from Santa Fe avenue to Fourth street, Iron avenue from Ninth street to Oakdale avenue, on South street frcm Santa Fe aven ue to Eigth street; with capacity to throw four fire streams one hundred feet high, from any of the four hydrants h reinafter mentioned, or six streams eighty feet high from any six of said hydrants: said streams to be thrown througli one inch nozzles at the end, of fifty feet of two and one-half inch hose. All mains shall be of standard weight an I strength water pipe, and be cov. Bred by'sufficient depth of earth to protect them from freezing, and the said The Sal' ia Water Works Co., its successors and assigns, shallbe liable for all loss or damage to property by reason of the burs ng of any of the mains or pipes con- structed by them, or either of them, under the provisons of this ordinance, and said ater works and every part thereof shall be of sufficient power and capacity to furnish the water contemplated and provided for in this ordinance, and the said The Salina Water Works Co., its successors and assigns, shall operate and keep he same and every part thereof in constant tepairand working order, and at all times furnish water for all domestic and manufacturing purposes, and upon an alarm of fire being given, either by day or by night, immediately can sufficient pressure to throw five streams specified in this ordinance for any length of time needed, or the extinguishing of any fire. And the said The Salina Water Works Company, its successors and assigns, shall erect and naintain a brick or stone, metal roof, 'building for the machinery used inoperating said water works, of sufficient size and strength to protect such machinery at all times from fire and freezing, so as to insure the use of the same I t any time for the purposes con- templated by this ordinance. SEC. + The said city of Salina hereby agrees to rent, and does rent, of the aid The Salina Water Works Co., its successors and assigns, thirty-six (36) double -nozzle hydrants, to be located on id pipes and mains, as the council c' may by resolution direct, at an annual rental of one hundred dollars each, payable semi-annually, on the first days of January and July in each year: and the said The Salina Water Works Co., its successors and assigns, shall.extend said' mains and pipes at any time when ordered so to do by the mayor and council of said city of Salina. SEC. 5._ For all extensions of mains ordered by the council of the said city of Salina, the said The Salina Water Works Co.,.its successors and assigns, shall erect not less than ten double -nozzle fire hydrants to the mile, and for all such hydrants, until the whole number, including the thirty-six mentioned in section 4 of this ordinance shall reach .fifty (50), the said -city of Salina agrees to pay to the said The Salina Water Works Co., its successors and assigns, an an - goal. rental.of one hundred dollars each, the same to be paid semi-annually on the first days of January and July of each -year. For all additional hydrants more than fifty, the said city agrees to pay the sum of seventy-five dollars each, until the wGole nut@ber reaches seventy-five and for any additional hydrants more than seventy-five, fifty dollars ;each, payable as above specified. SEc. 6. In addition to furnishing water at all times from the fire hydrants, for the prevention and extinguishing of.fires free ofcharge, the said The Salina Water Works Co., its successors and assigns shall furnish water of the kind specified _ip section r of this ordinance, to the said city of Salina and the inhabitants thereof, living or doing business along the mains or pipes, for domestic and manufacturing purposes, and for.sprinkling streets and sidewalks, and for washing windows and buildings, and for watering lawns and gardens, at not to exceed the following rate, to -wit: --- TABLE YEARLY WATER RATES. Alcohol for each barrel manufactured ........ $ 10 Plastering, per square yard.. ........... 34 Ale cellar from ................ .....$40 to 5o oo Porter cellar, from........ _ _...--... to to 50 .. Bakery, each oven from -- - - - - - - - - - -- 4o to 5o oo Rectifying whisky, per barrel.............. 03 Barber shop, first chair - - - - - - - - - - - - - - - - - - 5 oo Residence oc'p'd by one family, t to 4 rooms 5 00. each additional chair----------- 3 00 5 or6 6 Bath, private without heating apparatus..... 3 00 7 or 7 Bath, with heating aparatus---------------- 5 00 9 or 10 8 " in boarding or tenement houses.......... 5 00 11 or 12 9 -. " 'in p 15 00 " " 13 or 14 „ 10 Beer, for each barrel brewed ............... 05 15 or 16 11 .. Beer house, from..... -- -------- ..$to to so 00 17 or 18 12 .. - Billiard saloon, each table .................. 3 00 19 or 20 t 3 . . Boarding house, per room ................. t oo Residences occupied by one family only with '• " but no license less than...... 10 oo more rooms in the same ratio. Book Bindery ........................... 5 oo Restaurant, from..........--........ 15 to 100 .. Brickwork, per thousand ------ ---------- 10 Sale stable, per stall...--.---.............. 2 .. '• yard, for each gang of hands .......... 20 00 Shop, from ......................... 5 to 30 .. Camphene, for each barrel manufactured.... 10 Slaughter house, from................zoo to 500 .. Candle manufactory, from ..... ...... $too to 1,000 oo Soap manufactory from ............... too to 1,000 .. Candy .. - - - - - 15 to 75 oo Soda " •' 3 -••-•-----..... to to 00 .. Church from.. .................... 5 to 15 oo Spirit gas, for each barrel manufactured _ 15 _ for baptising from. - - - - -..... 5 to 15 oo Sprinkling, no license less than - - - - - - - - 5 00 Cigar manufactory, per hand.---- 1 00 public gardens with hose. -...25 to 150 -. 11 11 but no license less than:. 5 00 " streets with sprinkling carts, per square 8 .. Club room, from........... .....$5o to 100 00 .. with hose includ'g sidewalk pr. ft. run 15 Coffee saloon, from ............... 5 to 30 00 Starch manufactory, from............. 50 to 200 .. Confectionary, from. ..... ..,.. 15 to 75 oo Steam boilers, special or meter rates..... Cow-.....----------------------------- 1 00 no license less than...... 10 .. Distillery, for each barrel distilled.,... - - - . - - 10 Stock yard, from ............ . ..: ... 25 to 500 . . Dram shop, from------------------- 10 to 75 oo Stone work, per perch ..................... _ 05 Dying and scouring, from....----.... 15 to 50 00 Store, from------------------------- 5 to 20 .. Forge.--- ----------------------------- 3 oo Sugar refinery, from ----------------- 300 to 3,000 -. Fountain, for six months, running not more Tannery, per vat .... ................... 6 .. than 4 hours per day from.......... 10 to 150 00 but no license less than........... 25 .. Hall, from------------------------- 5 to 30 0o Tenement, per room.....------........... t .. Hat factory, from --- - - - - - - - - - - -- - - - - 30 to too .. 11 but no license less than ............ 5 . . Horse .............. ................... 2 oo Tobacco manufactory, per hand.---......... t .. Hose, for private stable .................... 5 .. •'11. but no license less than.. 5 .. Hose, for livery or sale stable front..... 20 to 5o .. Urinal basin, self closing, from ........ 5 to to .. Hose, for washing pavement per front foot... to '• . .1 private ....................... 2 .. Hose, for sprinkling street including sidewalk, Vault for residence ....................... 5 .. per foot run .......................... 15 accommodating double house, each.... 3 .. Hotel, per room........... .. . . .......... t 00 for tenement or boarding house, every Ice cream saloon, from .............. to to 50 .. 15 rooms.....----..---.---. ... 5 .. Labratory, from .................... 20 to 200 .. bar.---.........----.............. 5 .. Laundry, from ..................... to to zoo .. Vehicle ---------------------------------- 2 .. Lawns and gardens per 50 foot front........ 7 -. Vinegar, for each barrel manufactured.--.... 05 Livery stable, per stall ...... . ....... ..... 2 .. Washing bottles, from. - - - - - - - - - - - .. 5 to 30 . . Malting, per bushel ...................... 04 barrel, per barrel... _ ............. 05 Office, from ............... . ....... 5 to 30 00 Water closet, private....... _ ............ 3 . . Oyster saloon, from...... ...... to to 30 .. .1 hotel, per bowl . . . . .... . . . .. 6 . . Packing house, from....... 4o to 500 .. Wine cellar, from ................. to to 50 .. Photograph gallery, from.. - - - . - - - - - - to to 40 .. METER RATES. From 2,000 to 5,000 gallons per day, 3 cents per too gallons. From 5,000 to to,000 gallons per day, 2r2 cents per too gallons. From to,000 to 2o,000 gallons per day, 2 cents per too gallons. From 20,000 gallons and upwards per day, 2 cents per too gallons. The said The Salina Water Works Company, its successors and assigns, shall, whenever the mayor and council it �F —3— of the said city of Salina direct, lay the neccessary domestic pipes to supply wa inhabitants of the city for domestic purposes, provided there shall be an equiv water for every one hundred and twenty feet of pipe so ordered to be laid; and Salina shall not be liable to rent or pay for any hydrant on any pipe ordered to ncr shall said city be responsible or liable in any way by reason of anything in t the rental of the said fire hydrants as herein provided, and the said city shall structed use of all hydrants for the purpose of preventing and extinguishing Works Company, its successors and assigns, shall permit any owner or occ pipes and connect the same with the main pipe hereafter laid by the order of t as provided by this ordinance, and have the use of water through such stand pi tion and extinguishment of fires, only, free of charge And the said city of Sal er.,ct and connect, fire hydrants to the mains at any time laid under the provisio of the said city of Salina, or any owner of property and use the same for the pr free of charge; provided, always, that the said city of Salina shall pay a rental o of mains and pipes. As soon as the works are completed the said The Salina and assigns, shall cause the fire streams, sperified in section three, to be produce or committee as the council may appoint, which test shall take place within fi works. Atthe first meeting of the council after a full and faithful performance of this ordinance, the city council shall accept the works, and the date of such ac the city shall commence to pay the hydant rental hereinbefore specified. SEC. 7. The said city of Salina shall have the right to use water free of c for washing and flushing gutters and sewers and sprinkling streets and sidewalks Salina shall deem it necessary for sanitary purposes, upon giving notice to the p The said city shall at all times have water free of charge for supplying the city hal for city purposes only, for all public schools, for one fountain in public par drinking fountains, should the city erect the same. SEC- 8: The said city of Salina shall have right to acquire by purchase, water works, and all the extensions thereof, and the buildings, machinery and unto belonging at any time after the expiration of ten years from the time of t paying therefor to the owner or owners thereof the value of said property, to follows: The. said pity shall select one appraiser, and the owner of said water appraisers selected shall select a third, or if they cannot agree upon such thir selected by the Judge of the District Court of Saline County, in the State of Ka mined upon shall appraise the said property at its then cash value, which apprais parties, as to, the=value thereof, and the said city of Salina shall have the right to owner of surh property at such appraised value, provided, if there shall at such ti erty, then the amount of such mortgage shall be deducted from the amount difference paid to the owner of such works and property. And in case the said become the owner of said water works and property as aforesaid, at the end privileges in this ordinance granted to the said The Salina Water Works Compan be extended for another period of twenty years, subject to the right of said city t any time thereafter, and subject to the same duties, liabilities, obligations and pe SEC. 9 It is hereby agreed by and between The Salina Water Works C and the city of Salina, that ire the event it be deemed necessary in the constructs works to issue first mortgage bonds upon the said water works property or exten the hydrant rental to be paid by the city of Salina under the provisions of this or on said bonds, shall be paid the holders of such bonds by their trustee senni-anntl and July of each year until said bonds are paid, and that the balance of the hydra agrees to pay to the said The Salina Water Works Company, its successors and the hydrant rental which tate city of Salina agrees to pay to the said The Salina cessors and assigns, for fire protection or so much of said amount as shall be nec bonds shall be set aside and paid to the trustee of such bonds, and by him uses ment of interest upon said bonds when and so long as the same shall become due are fully paid and cancelled, then the hydrant rental due from the city shall t Works Company, its successors and assigns. But in no event shall the city of interest, a sum greattr than the amount agreed to be paid The Salina Water W assigns. And provided further that the said city shall in no case become lial money paid to any such trustee. If there be no such trustee such payments may It SEC. to. The said The Salina Water Works Company,its successors and assi and complete the same as herein provided, on or before the lstday of July, A. r city of Salana, a contract in writing for the faithful performance and on the part of tt its successors and assigns,of the agreements and covenants hereof, and the duties,liat the said The Salina Water Works Co., its successors and assigns by this ordinanc and directions of the mayor and council as provided herein, which contract shall t the date of publication of this ordinance, and signed by the mayor on the part of the clerk with the seal of said city. SEC. IL In case of any neglect or failure on the part of the said The Salim cessors and assigns, to operate the said water works so as to furnish adequate pro consumption, as provided for in this ordinance, the mayor and council of the city the said works, and take full charge of the business of the said water works comp3 pany therefor, and perform and conduct the same in all respects as required by a business shall be carried on at the sole and proper expense of the said water works and the machinery and works of said company shall while so operated by the Cit: in good order and condition. If the said water works company, its successors ane said works at any time within one year from the date of the taking possession of sai of said works and business shall be turned over to the said The Salina Water V r, and shall supply the same to the lent of two tenants who shall take provided further that said city of e laid for domestic purposes only; is ordinance contained, except for t all times have the free and unob- res. The said The Salina Water ant of any building to erect stand council of the said city of Salina, es and connections for the preven- na reserves unto itself the right to s of this ordinance, at the expense vention and extinguishing of fires, at least ten hydrants to everymile ter Works Company, its successors in the presence of the city council, e days after the completion of said f the test specified in section three eptance shall be the time at which rge from any of the fire hydrants henever the mayor of said city of son in charge of said water works. , and all offices and buildings used or square, and for four (4) public nd become the sole owner of said operty of every description there - adoption of this ordinance, upon ,e ascertained by appraisement, as vorks shall select another, and the person, a third appraiser shall be as, and the three persons so deter- ment shall be binding upon both xurchase and become the absolute ie be any mortgage on such prop - such appraisement, and only the ty of Salina does not purchase and twenty years, then all rights and its successors and assigns, shall purchase the same as aforesaid, at alties as herein provided for. mpany, its successors and assigns, m or extension of the said water ions either or all that so much of finance as will fully pay the interest ally on the first days of January .nt rental which the city of Salina assigns. It being understood that Water Works Company, its suc- !ssary to pay the .interest on such exclusively and only for the pay - and payable. When such bonds paid in full to The Salina Water Salina pay to said trustee for such rks Company, its successors and le for the misappropriation of any made to the owners of said bonds. Ins shall construct said water works 1883, and shall execute with the said The Salina Water Works Co., lities and obligations imposed upon and compliance with the orders executed within five days from he city of Salina, and attested by Water Works Company, its suc- !ction against fire, or for domestic ( Salina shall take possession of y, and account to the said Com- i of said company, and the said ompany, its successors and assigns, of Salina, be kept and maintained assigns, shall offer to operate the works by said city, the possession irks Company, its successors and -4— assigns. If no such offer is made by said company within one year from the date aforesaid, the franchises and priv- ileges of said water works may be forfeited and annulled by an ordinance of the said City of Salina. Provided, that the provisions of this section shall n6t apply to any failure on the part of the said water works company, its succes- sors and assigns, arising from or caused by unavoidable accident SEc. 12. This ordinance shall take effect and be in force from and after its publication once in the Stlint County - Journal. Passed and approved March 2o, t883. [SEAL..] Attest:—E. E. BOWEW, City Clerk. D. J. ADDISON, Mayor. . I hereby certifythat the above is a true copy of the ordinance passed by the city council at a regular meeting held on the loth day of March, 1883. E. E. BOWEN, City Clerk. Now theefore, these presents witness that the said party of the first part for and in consideration of the passing and the approving of the said ordinance by the said City Council as aforesaid, and the franchises, rights and privi- leges thereby granted, hereby covenants and agrees to, and with the said party of the second part, for itself, its suc- cessors and assigns, that it will faithfully keep and abide by the provisions of said ordinance, and will faithfully perforin all tests named in said ordinance and' will fulfill and carry out all the duties and obligations by it in said ordinance provided to be done and performed. And in consideration aforesaid, the said party of the first part, further covenants and agrees that the said party of the second part shall have the right to purchase the said water works as specified in said ordinance, and *he" shall take possession of said water works, in the emergency mentioned therein and under the conditions therein specified, and that it will peacably and quietly turn over and deliver pos- session of said works wi&h all books, papers and otter property necessary for the full and proper conduct of the bus- iness of the said party ottthe first p4o, and further agrees that the said party of the.second part shall and may have all the rights, benefits and privileges stipulated for and mentioned in the ordinance aforesaid. And the said party of the second part on its behalf and part and in consideration of the advantages to the inhabitants and benefits to the prop- erty owners of said City of Salinaby reason of the building of said water works and the benefits guaranteed to said city by the said ordinance, hereby covenants and agrees to and with the said party of the first part, itself, its successors and assigns, that it will faithfully keep and abide by the provisions of said ordinance and shall and will faithfully dis- charge, perform and fulfill and carry out the matters and things of every kind whatsoever by it in said ordinance pro- vided to be done and performed. In witness whereof the said party of the first part has caused these presents to be signed by its Presidgnt and at- tested by its Secretary, with the seal of said corporation, and the said party of the second part by order of the mayor and city council has caused these presents to be signed by its mayor and attested by its clerk, and has further caused the seat of said city of Salina to be hereunto affixed the day and year first above written. vac. THE SALINA WATER WORKS COMPANY,