Rensselaer Semi-Weekly Republican, Volume 19, Number 44, Rensselaer, Jasper County, 4 February 1898 — Special Ordinance [ARTICLE]

Special Ordinance

NO. 17. 1 ' An Ordinance to Provide for the | Construction, Maintenance and Operation of a System of Water Works in the City of Rensselaer, and State of Indiana. The Common Council of the City pf Rensselaer do order as follows: Section i. —That Horace E. Horton, of t Chicago, 111., is hereby authorized and em--1 powered to construct, maintain and operate a 1 system of water works in the City of Rensselaer, for the purpose of supplying said city and its vicinity with wholesome water, for domestic and sanitary purposes and in sufficient quantities for the extinction of fires and 'domestic. commercial and manufacturing purposes. RIGHT OF WAY. Section 2. —That said Horton shall have the right of way upon public streets, alleys, avenues, public squares and public places of said city for the purpose of placing, maintaining and operating mains, pipes and other fixtures, including fire hydrants, during the time said Horton shall maintain and operate such water works; and while constructing Jthe same upon the terms and conditions hereinafter mentioned. water Supply. , Section 3.— The water to be supplied by said Horton shall be taken from an artesian well or wells. MANNER OF CONSTRUCTION. Section 4.—During the progress of the work said Horton shall not unnecessarily obstruct any street, alley or avenue, or public ground of said city, and in laying pipes and conduits, he shall repair and make good all gas, electric light, sewer, or other pipes previously laid, sidewalk and street crossings that shall be disturbed in such construction or repair, and shall hold the city harmless from any damages that may arise therefrom, and shall so place said pipes as not to interfere with the system of sewerage adopted by the city. Said Horton shall complete each part of the work when commenced as speedily as practicable. The said Horton shall restore said streets, avenues, alleys, sidewalks and crosswalks and public grounds to as good condition as practicable, and in the erection, construction and operation of said works in any street, avenue, alley or public ground and in removing pavements and sidewalks and in making necessary excavations for repairs, said Horton shall suitably guard and protect the same so as to prevent injury to persons and to public and private property' by reason thereof. Lights shall be kept at both ends of all excavations at night. CAPACITY OF WORKS. Section 5. —The said Works shall consist of and be constructed as per plans and specifications attached hereto and made a part of this ordinance. INTERMEDIATE HYDRANTS. Section 6.—ls the City of Rensselaer shall at any time in the future elect to place intermediate fire hydrants on the original pipe system, such hydrants shall be furnished •■and placed by the said Horton at the expense of the city, and the city shall bear the necessary expense of keeping them in order but shall pay no rent therefor.

TEST OF WORKS. Section 7. —Upon the completion of said works, the said Horton shall notify the said city, and said city shall thereupon proceed to test the powers and capacity of said works. When said works shall throw water with the aid of their pumping machinery, from four separate hydrants; located in the business portion of said city, at one and the same time, through one hundred feet of two and one-half (2 1-2) inch rubber hose, and one (1) inch ring nozzle to a height of seventy (70) feet, in still air and all other tests as provided in specifications; then the rental for fire service hereinafter stipulated, shall begin and said city hereby agrees upon said test being performed, to accept the said water works system, and to furnish said Horton a certificate in duplicate to that effect. Said Horton shall commence the construction of said water works within ten days after the passage of this ordinance, and shall complete the same by January 15th after that date. Should said Horton be restrained from proceeding hereunder by legal process, or the validity of this ordinance be questioned in any proceedings in court, an additional allowance of time shall be made hereunder equivalent to the time such proceedings are pending. FIRE SERVICE. Section B.— The said Horton shall constantly, day and night, during the term of this contract, and the continuance of the franchise hereby granted, except in cases of unavoidable accident, keep all hydrants supplied with water, and upon receiving fire alarm shall at once furnish sufficient pressure for fire service and maintain the same as long as necessary, nnd shall keep said hydrants in good order and efficiency for said purpose. The Chief of the Fire Department of said City, and in case of his absence, the officer in charge thereof, or the City Marshal, shall inspect said hydrants from time to time, and if upon such inspection nny of said hydrants shall be found to be out of working order, he shall forthwith notify the agent or said Horton in writing, ipecifying the hydrant of hydrants out of working order, and said Horton shall repair the same. FREE WATER. Section 9. —The said City of Rensselaer, shall have the right t» use, free of charge at all times, providing the hydrant rentals are paid as per Section 12, without notice, water from hydrants for extinguishing firw, and the use of one stream at a time throSnh a fire nozzle for flushing gutters and sewer* at any time it may be necessary for sanitary purposes, upon giving notice to the persons in charge of water works. Said City shall also have free of charge water for the public schools and offices occupied for city purposes, and for two public watering places for domestic animals. rui.es and rates. Section 10.—The said Horton shall not charge to the consumer during the continuance of the franchise granted by this ordinance exceeding , the following rates, which shall be collected semi-annually in advance, on the first days of May and November it), each year. The said Horton shall have the right, at will, to supply consumers at meter rates, instead of assessed rates, and meter rates ma'v be collected quarterly. The obtaining the use of water and the dis- 1 continuance thereof, and the rates charged therefor, shall be to all consumers alike without distinction for a like use as .to manner, purpose of use, and quantity used, excepting that for non-payment of water rates when due, or the non-compliance by consumers with the

rules and regulations said Horton may refuse to supply water or may cut off the supply of water, to such consumers until payment is made, or other compliance had with said rules and regulations, including the payment of any reasonable penalty or damage provided for therein. Connections between the mains and consumers shall be made by said Horton at the expense of the consumer, and the lowest annual rate to any one consumer in any one case shall be three ($3.00) dollars. The private consumers for the use of water shall not be in excess of the following annual rates, payable quarterly in advance: Banks, with one self-closing faucet $6 00 Banks, with hose connection 8 00 Bakeries, daily average of each barrel of flour, per barrel 5 00 Residences occupied by one family, four rooms or less 6 00 Residences, five rooms 7 00 Residences, six rooms 800 Residences, each additional room 75 Restaurants, special. Stables, one horse, including carnage washing r 3 00 Stables, each additional horse and cow 2 00 Stables, livery, boarding or sale, six horses or less, including carnage washing 12 00 Stables, each additional stall 1 00 Sprinkling of lawns, fifty feet frontage, per season, with like front of street.... 6 00 Urinals, private, with self-closing fixtures 4 00 Urinals for stores and offices 4 00 Urinals for saloons and restaurants with self-closing fixtures 6 00 Urinals, public, w ith self-closing fixtures 8 00 Water closet private 400 Water closet, self-closing, stores, banks, and offices 5 00 Water closets, restaurants, saloons, etc., with self-closing fixtures 6 00 Water closet, public » 8 00 All persons not satisfied with the schedule can have the privilege of putting in a water meter at their ow n expense, and the said water company shall have the same privilege.

METER RATES. (Per Days of 24 Hours.), 10 to 300 gallons, per 1,000 gallons - - - 30 300 to 1,000 gallons, per 1,000 gallons- - 25 1,000 to 6,000 gallons, per 1,000 gallons - 20 6000 to 14 000 gallons, per 1000 gallons - 15 14000 to 20000 gallons, per 1000 gallons - 13 20000 to 25000 gallons, per 1000 gallons - 12 Above 25000 gallons, per 1000 gallons - - 10 SEASON RATES. ' Fountains flowing not exceeding three hours per day, during the season from the first of May to the first of November: One-sixteenth inch orifice - - - $ 8.00 Fountains, one-eighth inch jet - - 10.00 Hose for sprinkling streets, including sprinkling and washing sidewalks and outside building, per lineal foot, business houses, per season of six months - -- -- -- -- .15 Same as foregoing, private houses per front foot - - - - - - .10 Hose for sprinkling lawns, 50 feet frontage - - - - - 5-°° Hose for sprinkling lawns each foot front foot in excess of 50 feet - - .05 Hose when used as fountain, at fountain rates. Rates for all other purposes that may be applied for not named in the foregoing schedule of maximum rates, will be fixed by estimation -or meter at the option-of said Horton. ' duration of franchise. Sec. 11. In consideration of the .benefits which will be derived by said city and its inhabitants from the construction and operation of said waterworks, and the further consider-

ation of the water supply-hereby secured for public use, and as an inducement to said Horton to enter upon the construction and operation of said waterworks, the franchise, license and authority, and all the rights and privileges hereby and herein granted and conferred, shall remain in full force and effect, commencing with the acceptance of this ordinance and ending thirty-five years thereafter. Sec. f 2. In consideration of the furnishing of water for sixty-seven hydrants for fire and other purposes enumerated in the preceding sections, and in further consideration of the several mutual covenenants in this ordinance contained, the said City of Rensselaer agrees to pay said Horton as, and for, rental and water supply a semi-annual hydrant rental payable on the 20th day of June and the 20th day of December in each and every year, of twenty dollars ($20.00) for each of said hydrants located upon the pipe system approximately, as shown upon said map, and twenty dollars ($20.00) for each six months payable as aforesaid, for each additional hydrant put jn and maintained by the said Horton pursuant to the order of said city herein provided. The said hydrant rental shall begin on the completion . and acceptance of said works, and the said first payment shall be for such part of a month as shall intervene between the completion and the acceptance of said works and the last day of the month in which such acceptance shall be made. And in the event that said Horton or assigns shall convey said waterworks system by mortgage or trust deed to secure any indebtedness the dayment of hydrant rental therein agreed to be paid shall be made to the mortgagee or trustee named TAX TO PAY RENTAL Sec. 13. The City of Rensselaer shall annually during the said term hereinbefore mentioned, levy and collect a tax sufficient to pay said hydrant rental accruing during said year, and said tax, when collected, shall be kept separate and known as “’fhe Hydrant Fund,” and shall be held inviolate for and is 'hereby irrevocably pledged and appropriated for the payment of said hydrant rental in the manner ( herein provided. Provision to meet the requirements of this section shall be made in the annual appropriation bill.OPTION TO PURCHASE. Sec. 14. The City of Rensselaer shall have the right to purchase the system of waterworks erected under the provisions of this ordinance at any time within six months after the com- 1 pletion thereof, or at the end of any or.e year thereafter at such price as shall be agreed upon between the said city and the owners of said system, and in the event such an agreement cannot be made an appraisal shall be had in which each of Ihe parties interested shall select an appraiser who shall not be residents of the slate of Indiana, and if the two so chosen shall fail to agree upon the valuation of said system of waterworks, the two so chosen shall select a third, and the decision of the said Board of Appraisers as heretofore constituted or a majority of them shall be a conclusive finding as to the value of said system, and the City of Rensselaer shall thereupon, and within sixty days after being notified of the price so fixed by said\appraisers, take and pay for the waterworks system, upon the basis so fixed, and in case the city shall at any time elect to purchase under the terms of this section, it shall take the same subject to any mortgage indebtedness, which shall then be a lien upon the system and shall only pay the owners of the system the value thereof after deducting entire amount of mortgage indebtedness. acceptance and bond. Sbc. 15. The said Horton shall, within thirty days after the passage of this ordinance, file with the City Clerk of the City of Rensse-

laer, a written acceptance of this ordinance, duly acknowledge before some officer authorized to take the acknowledgement of deeds, and within a like period shall file a bond in the penal sum of five thousand dollars, with surety subject to the approval of the Common Council of said city, and conditioned for the faithful performance of all the stipulations bf this ordinance for the construction of said waterworks, and upon the filing of said acceptance and bond, this ordinance shall be in full force and effect, and shall be considered a contract between the City and said Horton, and as an accepted grant of the franchise to build and maintain said waterworks upon the terms and conditions herein provided; said bond to be released when said works are accepted. INTERPRETATIONS. Sec. 16. Whenever the City of Rensselaer shall be named or understood in this ordinance, the same shall be held and construed to intend the City of Rensselaer, its successor or successors, and that whenever the said Horton shall be named or understood in this ordinance, the same shall be held and construed to intend the said Horton, his representatives, associates or assigns. Sec. 17. All ordinances, or parts of ordinances in conflict herewith are hereby repealed. Sec. 18. Whereas, an emergency exists, this ordinance shall be in force from and after its passage. Rensselaer, Indiana, January 24, 1898. I, Schuyler C. Irwin, Clerk of said City of Rensselaer, do hereby certify the above and foregoing to be a full, true and complete copy of Special Ordinance No. 17, as ordained and established by the Common Council of said City on the 24th day of January, 1898, and of the proceedings of said council in relation thereto, as appears from the original ordinance on file and on record in my office and from the journal of the proceedings of said council. Witness my hand and seal of said [SEAL] city this 24th day of January, 1898. , SCHUYLER C. IRWIN, City Clerk.