University of Illinois Library at Urbana-Champaign Oak St. Unclassified ae ee Spe AE =e eS IA, ILLINOIS Edw. Hine & Co., Printers, , Peoria, Ill. WATER WORKS ORDINANCE AN ORDINANCE, for an improved, enlarged and extended system of Water Works, for the City of Peoria, Illinois, and its inhabitants, - and to supply them with water for all public and private purposes, and to sell to JoHN F. MoFFETT, HENRY C. HODGKINS, JOHN V. CLARKE, and CHARLES T. MOFFETT, doing business under the firm name of MOFFETT, HODGKINS & CLARKE, of Watertown, N. Y., the present existing system of water works of the City of Peoria, as an entirety, and granting to the said Moffett, Hodgkins & Clarke the franchise and license to rebuild, enlarge and extend the present system of water works, and to construct, maintain and operate as a whole, the new, improved, enlarged and extended system of water works, in, near and for the said City of Peoria, and contracting with the said Moffett, Hodgkins & Clarke for water for fire protection and other public uses for the City of Peoria, and granting to the said Moffett, Hodgkins & Clarke the right and license to furnish, deliver and sell water to the inhabitants of the City of Peoria, and reserving to the said City of Peoria the right to purchase the said ‘water works system, after its enlargement, improvement and exten- sion, all as hereinafter provided for. Be it ordained by the City Council of the City of Peoria: Section 1. That the City of Peoria, Illinois, will,in case the con- ditions herein specified shall have been first fully complied with, viz: the development of the proposed source of water supply to the satisfaction of the City Council, the procuring a satisfactory title to the real estate upon which the new reservoir, stand pipes, etc., are to be located, so as to be able to execute satisfactory security as herein required, upon or before the first day of August, A. D. 1889, sell and deliver to John F. Moffett, Henry C. Hodgkins, John V. Clarke and Charles T. Moffett, doing business under the firm name of Moffett, Hodgkins & Clarke, of Watertown, N. Y., their associates, successors, SOE Uae XE, LUA 1S 2D 43 42 43 44 or assigns, hereinafter called Grantees, the present existing system of water works, of the City of Peoria, including thereunder, all of the real estate of the said City now devoted to and used for the purpose of the pumping station, source of supply, filter galleries, pumps, wells, inlet pipes and other uses, meaning hereby to include all the following described real estate bordering upon the _ [Illinois river, Beginning on the lower side of the Ferry Road 790 feet S. 58° 8’ E. from the C., R. I. & P. railway right of way. Thence at right angle with said Ferry Road 250 feet. Thence parallel with said Ferry Road to the Illinois River. Thence meandering North up along the West Bank of said Illinois River to the lower line of said Ferry Road. Thence along the lower line of said Ferry Road to the place of beginning. Also one other tract of land above and adjoining said Ferry Road, beginning at a point 1340 feet S. 53° 8’ E. from the C., R. I. & P. Railroad right of way. Thence S. 69° 80’ E. 60 feet. Thence N. 87° 35’ E. to the Illinois River. Thence along the Illinois River to a point intersecting the upper line of said Ferry Road. Thence along the upper line of said Ferry Road to the place of beginning. All being a part of section No. 2, in Township 8 N. of Range 8, East of the 4th Principal Meridian, together with all the buildings thereon, and the machinery, tools and fixtures contained therein, and now used and devoted to the water works system of the City. Also all and entire the pipe distri- bution system of the City leading from the said pumping station, to, into, through, along and under the streets, ways, bridges and public lands of the City of Peoria, together with all the special castings, ; gates, hydrants, blow offs, connections, appurtenances and fixtures in, and all things pertaining thereto, which have been, are now, or may be, prior to the said first day of August, A. D. 1889, employed in, or used as a part of, or in connection with the present pipe dis- tribution system of the said water works, also the pipes, special cast- ings, gates, hydrants, and any and all other stock, material and tools of whatsoever nature, purchased for, and intended to be used for, Or in connection with, or as a part of, orin the maintenance of ® the said system of water works, whether in connection with its sup- ply, pumping system, distribution, maintenance, or general business of operating said system of water works; excepting one horse and aay Re aD oO FP WD DH HH a) - iter) 10 ath § 2 14 15 5 wagon and all fixtures and appurtenances belonging to the office of the collector of water rates; giving to the said grantees the right to enter upon the Workhouse enclosure and grounds and to remove the 1 pipes therein laid, where the same can be done without injury to the Workhouse buildings. And from and after the sale and delivery of the present water works system to the said grantees, the said City of Peoria shall be relieved from any and all expense, of whatsoever name or nature, in connection with the maintenance and operation of said system of water works, but the City of Peoria shall not be relieved from the » payment or settlement of all outstanding bills or claims, of whatso- ever name or nature, that were incurred by the City of Peoria in connection with the maintenance and operation of the said system of water works, at any time prior to the sale and delivery. And the said City of Peoria shall have the right to collect and re- tain any and all rates for water or service supplied by the said sys- tem of water works, prior to the said sale and delivery, whether the same shall have been paid or not. And the grantees shall have the > right to charge and collect all water rates which may be due and payable for water and service furnished or delivered from and after said sale and delivery. SECTION 2. At the time of the conveyance and delivery by the City of Peoria to grantees of the present water-works system as here- in described, and as the consideration therefor, the grantees shall assume the payment and the satisfaction, according to their terms, the principal of the water bonds of the City of Peoria, now outstand- ing, to the amount of four hundred and fifty thousand dollars ($450,000.00), which bonds are as follows, that is to say: Thirty- three (33) one thousand dollar ($1,000.00) bonds bearing six per cent. interest, due August first, A. D. 1889; one hundred and eight (108) one thousand dollar ($1,000.00) bonds, bearing seven per cent. interest, due April first, A. D. 1890; twelve (12) one thousand dollar ($1,000.00) bonds, bearing seven per cent. interest, due August first, A. D. 1890; two (2) one thousand dollar ($1,000.00) bonds, bearing seven per cent. interest, due April first, A. D. 1891; fifty (50) one thousand dollar ($1,000.00) bonds, bearing seven per cent. inter- ska 3 ae Lie Ww, ‘ ‘ { ee ' ‘ ‘ | \ “4 - a < « \ « . ) « ~ IS Tis 4 é “ai ot ie : eA x tl . oe f hid Pele: Meal} Sali Lo ee ‘ é ‘ ie) hy it ‘ ‘ f 0 Z ‘ , P yo ‘tak a d , i! 4 an : ie : 1 iN : A fs the ee ;. ve ir Sse . TIP ae Oa ee seach. APS ne: is Chup , IO by? aaa Ne , ae eee if & ‘ — =? i ip est, due May fifteenth, A. D. 1899; fifty (50) one thousand dollar ($1,000.00) bonds, bearing five per cent. interest, due May fifteenth, A. D. 1901; one hundred and ninety-five (195) one thousand dollar ($1,000.00) bonds, bearing four and one-half (4 1-2) per cent. interest, due June first, A. D. 1908; said bonds to be paid, taken up and can- celled by grantees and surrendered to the Clerk of the City of Peoria so cancelled within thirty (30) days after the same mature » and are presented for payment according to their terms. And the undertaking by said grantees to pay said City’s water bonds and 5 to perform the other conditions in this section imposed upon and assumed by grantees shall be secured by them or by their heirs, associates, successors or assigns, as the case may be, at the time or the making of said conveyance and agreement in the following man- ner, viz: They shall give or cause to be given, two two hundred and twenty- five thousand dollars ($225,000.00) non-negotiable money bonds of even date with the deed of transfer hereunder, to the City of Peoria, the first bond maturing nineteen (19) years after the date of the deed of transfer hereunder, the other bond maturing thirty years af- ter the date of said deed, neither of said bonds to bear interest; these bonds shall be delivered by grantees to the City of Peoria and the same shall be copied into the City records of said City by the Clerk of said City, and in case of the loss of the original a duly certified copy made and certified to by said Clerk, or any Clerk succeeding him in his office, shall be accepted and used as evidence in any mat- ter or suit wherein the terms of said bonds shall become material to be known. Said bonds shall be held by said City of Peoria as secu- 2 rity for the performance by grantees of the undertakings of gran- tees hereunder, namely, to pay the principal of said City’s outstand- ing water bonds less any credits which grantees may be entitled to have set off against said water bonds as provided for in this ordi- nance, to furnish a sufficient quantity of:clear and wholesome water for all public and private uses as provided for in this ordinance and at rates to the City of Peoria not to exceed the maximum rates fixed therein, to secure any judgment at law which may be obtained by the _ City of Peoria against grantees, and that said grantees will reconvey the water works property free of any and all incumbrances as herein by Sp 87 89 99 provided for, in case of repurchase by the said City of Peoria, and to renew their contract with the said City of Peoria at the expiration of said period of thirty years (in case the said City of Peoria does not repurchase) at not to exceed the rates both public and private herein / provided for. The payment of said two two hundred and twenty-five thousand dollar ($225,000.00) bonds, shall be secured by a good and sufficient first mortgage or deed of trust which shall be given by said grantees, their heirs, associates, successors or assigns, either to | the City of Peoria or to a trustee or trustees, at the option of the City Council conveying all of the said present water works property and real estate hereinbefore described as being sold and conveyed to said grantees together with the real estate upon which the reservoirs, stand pipes, pumping station or stations, both old and new, and the real estate upon which may be located the proposed source of water supply for said new system (all of which real estate shall have been previously purchased by grantees and paid for in full), and said mortgage or trust deed shall cover all improvements and betterments thereafter made on said real estate and all grantees property, real and personal, owned at the time or thereafter acquired by said grant- ees, their associates, successors or assigns, connected with the said waterworks system or used as a part thereof; said mortgage or trust deed shall contain provisions covering the foregoing specifica- tions for the purposes for which said bonds are to be held as security by the City of Peoria, and further providing that in case of the fail- ure of the grantees to comply with any and all of the conditions in said mortgage at any time within the said thirty (30) years that said bonds or either of them may be declared by the City Coun- cil of the City of Peoria to be due and payable because of such fail- _ ure of grantees, and shall contain a further provision that in case said bonds or either of them shall be declared to be due by said City Council that said mortgage may be immediately foreclosed notwith- standing said bond or bonds shall not have matured according to its or their terms; and said bond or bonds and mortgage or trust deed shall be construed together as one contract except that the terms of the mortgage or trust deed with respect to the declaration by the Council making such bond or bonds at once due and payable shall prevail over the terms of the bond or bonds with reference to its or their maturity. Said mortgage or trust deed shall further provide that in case of a foreclosure or an attempted foreclosure by the Uity of Peoria for an alleged failure of the grantees to comply with their contract or with Label pea 94 any portion thereof, the question of the breach thereof by said 130 5 grantees as alleged by said City Council shall be submitted to the > court in which said foreclosure proceedings may be instituted and if such court shall find that there has been a default as declared by said City Council such court shall then award to said City of Peoria all damages sustained by it which may have been caused by such fail- ure of grantees. And such bonds and mortgage or trust deed shall remain in force and stand as security until the end of said periods of nineteen and thirty years respectively and until said grantees shall have fully complied with the undertakings for which the same stand as se- curity, but in case grantees shall preserve and keep all the said con- ditions and shall pay said outstanding water bonds as herein pro- vided for, then said bond first maturing shall be cancelled at the date of its maturity and returned to said grantees, and in case the said grantees shall have observed its contract up to the time of the maturity of said thirty years bond then said bond shall also be can- celled and surrendered to grantees, and said mortgage or trust deed on said property shall be then released, otherwise the same shall stand until said undertakings shall have been complied with. No other bonds of any kind, nor indebtedness of any kind, to any per- son or corporation other than the City of Peoria shall be secured by- said first mortgage, nor shall there be any indebtedness of any kind or nature for any purpose whatever contracted or incurred by said grantees, that will interfere in any way with said city’s first lien on all the property of grantees, for the amount of the city’s bonded indebtedness assumed to be paid by grantees hereunder and for the damages accruing to the said city, if any, by reason of grantees failure, at any time to keep and perform their agreements hereun- der, nor that will interfere with said City’s right to repurchase said water works system and take possession of the same as hereinafter provided for entirely free from the lien «#f incumbrances and in- debtedness incurred or made by said grantees during their posses- sion of the same. And said grantees shall further execute and deliver to the said City of Peoria a good and sufficient bond with local security to be approved by the City Council of said City of Peoria in the penal say ae 131 sum of two hundred thousand dollars ($200,000), conditioned for 132 the payment, satisfaction and cancellation (and surrender to the 133 City of Peoria of said bonds when so cancelled) of the principal of 184 all the before described water bonds of said City of Peoria less cred- 135 its, if any, which grantees may be entitled to have thereon, which 136 become due and payable during the life of said bond, said water bonds to be paid and cancelled within thirty days respectively after 138 they mature and are presented for payment; and said bond shall be further conditioned for the completion of said water works system in accordance with the requirements herein specified therefor and for the payment of all damages, and for the performance of all the undertakings, assumed by said grantees in accepting this ordinance and contracting hereunder; and for the satisfaction of all mechanics liens and other liens incident to the construction of said water works properties; which bond shall cover a period of three years (3 years) from its date, at the expiration of which time if there shall have been no breach of the conditions thereof,jt shall be can- celled and returned to said grantees and the sureties thereon shall be discharged. The securities in this section required to be given by said grantees shall be approved and accepted by the City Council of the City of Peoria before the said city conveys its property to the grantees hereunder. SECTION 3. The grantees shall take possession of the present existing system of water works immediately after the sample of water and source of supply shall have been approved and accepted by the said City Council, and the bonds and conveyances herein required to be mutually executed and exchanged shall have been executed and delivered, and thereafter, continuously, during the existence of this franchise, they shall maintain and operate the same, at first as in their present condition, and afterwards as in their new, improved, enlarged and extended condition, as herein provided ’ for. These improvements, enlargements and extensions, shall be commenced within a reasonable time, prosecuted with all due dili- gence, and be completed on or before two years from the date of the passage hereof. Provided, that if said grantees are delayed by in- junction, strikes, or by order of the courts, the time, for completion shall be extended for the loss of time so occasioned. ay Gab}. 1 2 3 4 eo eae No co 10 11 12 13 14 on om oF BW DO “1A oO fF HW DO eK — “2 £9 ° 00 comin So Section 4. And the said City of Peoria hereby grants this fran-, chise and license to the said grantees, for and during the term of thirty years from the sale and delivery of the present water works system, subject only to the right of purchase and conditions herein provided, and also the right to operate the said present system of water works, and to enlarge, extend, improve, maintain and operate the same, in, near and for the said City of Peoria, for supplying the City of Peoria and its inhabitants and those in its immediate vicinity, with water for public and private uses, and to use within the present and future limits of the City of Peoria, subject to the restrictions, limi- tations, and in the manner herein provided, the streets, alleys, and other public ways or lands, for the purpose of laying, taking up, re- pairing, or otherwise maintaining and operating mains, pipes, hy- drants, and other appurtenances. SYSTEM. SECTION 5. The system of water works which is to be built, under the requirements of this ordinance, shall be what is known as the combined “Direct Pumping and Reservoir System,” and shall comprise substantially the following: 1st. An adequate supply. 2d. Sufficient storage. 3d. A large, commodious, stone, brick and iron pumping station. 4th. Sufficient pumping machinery. 5th A suitable pipe distribution system. 6th. Suitable distributing reservoirs. SUPPLY. SECTION 6. The water to be furnished under this ordinance shall be clear and wholesome, of such standard of purity as shall be ap- proved by the City Council, and shall be ample for all the wants of the City of Peoria, both for public and private uses, as well as for fire protection. Said supply shall be increased from time to time as the growth of the city may demand. The grantees shall within thirty days after the passage of this ordinance file with the City Clerk their written agreement to fully contract with the City of Peoria according to the terms of this ordinance on or before August first, 1889, if they can first procure water satisfactory to the Council as herein provided; and that they will then give the securities re- quired of them, and finally accept under this ordinance and contract a 19 with the City or Peoria, and they shall immediately upon the pass- age of this ordinance proceed, at their own expense, to investi- gate the source or sources of water supply, and shall report to the City Council without unnecessary delay, and not later than ninety days thereafter, the results of their investigations, together with samples of water of the quality and kind the grantees propose to fur- nish said City. Whereupon said City shall submit the samples so furnished to such tests and examinations as the City Council shall deem proper, and shall also examine the location of the proposed source of supply. Before the present water works are conveyed to the said grantees the City Council shall accept or reject the proposed water supply, and until said City Council shall approve and accept of a new water supply, said present water works system shall not be conveyed to said grantees; but if grantees shall fail to procure water satisfactory to said Council by the first day of August, 1889, then this ordinance may be repealed. The City Council shall have the right to examine from time to time the quality of the water supplied, and the grantees agree to maintain and furnish during the continuance of this 8S franchise, water of as good or better quality than that of the sample originally furnished and accepted by said City, and said grantees agree to maintain and keep said source of supply in the best possib’e state of purity, and to take every possible precaution to protect the same from contamination or pollution from any source whatever. ; In no case is the supply of water to be taken from the Illinois river, nor from a location that would be subject to drainage from any cem- etery. Said location of water supply shall be north or northeast from the northern part of the city limits. It is expressly understood and agreed by and between the parties hereto that in case said grantees shall fail to comply with the pro- visions of this section requiring said grantees to supply the inhabit- % ants of the City of Peoria with clear and wholesome water, said grantees shall therby forfeit to the City of Peoria the sum of one hundred and twenty-five dollars ($125.00) per day for each and every day they shall fail for any reason to supply such clear and whole- some water as aforesaid; provided, that the City Council of the City of Peoria shall first cause to be given to said grantees through any officer of said company, or agent in charge of said company’s busi- BPE 0 js 52 53 4 55 56 i Oo 3 co 1 & oO Be, © LO Fe anti nnrrt Ww we Fe mo onan uf Ww WY KF — SS ness in the City of Peoria, fifteen days’ notice that said water has been pronounced impure and unwholesome and not up to the stand- ard prescribed by the said City Council. The said amount to be recov- erable of and from said company in an action of debt by and in the name of the City of Peoria. STORAGE. SECTION 7. The grantees shall provide sufficient wells, reser- voirs, or storage basins, near or adjacent to the source or sources of supply, so as to insure a storage capacity sufficient to supply the maximum amount of water that may be required for fire protection, and other purposes, during any conflagration likely to occur in the said City of Peoria, and this shall be independent of, and in addition to, any reservoirs which may be used as, or for, distributing reser- voirs. PUMPING STATION. SECTION 8. The pumping station buildings shall be of modern construction, of neat and ornamental design, well and thoroughly built and finished, of stone and brick, with iron truss roof, slated and be practically fireproof structures. They shall be of ample size to ac- commodate the pumping machinery hereinafter specified, and so ar- ranged and planned that additions thereto can be made when necessary without impairing their use or efficiency during the time said additions are being made. There may be one structure with suitable sub-divisions, or may bein two or more detached buildings, as may hereafter be deemed best and expedient. PUMPING MACHINERY. SECTION 9. The pumping machinery shall be large, modern and first-class in all respects, and shall consist of three compound, con- densing, duplex, pumping engines, each one of which shall be capa- ble of pumping not less than SIX MILLION United States gallons of water in twenty-four hours, at a piston speed not exceeding eighty feet to the minute, against a water pressure of one hundred and eighty pounds to the square inch, or of a capacity of SEVEN MILLION, TWO HUNDRED THOUSAND United States gallons each per twenty-four hours, at a piston speed of one hundred feet per minute, against the same water pressure. eee 1) J, Ry Oey ba et) ee ine i Ve ae ab 2 for A as , _ va) 1 MEATS NN | on rm ny Sin = ami Le. 1 Wik aa Ret f aie me Oy o/h ee of LAD a al i rita Y > 1 . . f SRL LHe ht AL, 9h Wee UR Why ic ue 7 as, D4 ‘ j F : L wat “ ¥ ea ry WA at Wl f aye NOY ene el (Ete FP tat, WN , } i a eek 4 fr’ h t, LAT ee , » ie OA Gy . i } ut oS j Sale ¥ i iA Ie pal ya hee } ‘ 4 awl at i) ‘ % . i A | i i; ’ ‘p a ¥ } 7 my Te eb Ff ¥ ' Fr ae +! 5 } \ | C F ( \ ’ . a { . / rar 4 {oh 2 t a , vie) : La fen 4 ne f ’ 4, Wiss nN aes « Mi ” \ ¥ * r a wi 1 q i lah ‘ ‘ we i é J { ‘od * iy ae us is ‘ j 1 Va r ! . i | ep ' ; h i: ‘7 A ié ' ; ron i R t 5 i ib 8 Av, ' : | i —) od } AE . f 4 i ' J ® | ' - . | . , j y - iat wi vi yi 1 : % ' 2 on renpeai ep ne hire oy Bs Agile ter Viet f \ Ry ee iereen fe iN :; ) ‘ hy , : } ! \ 4 i { en j j ' j hk } ty A) he ” juea, Wil i vs : Vt? 4A Wi 3 Me hee) | a ' ria ll as j ‘ j i f \ Ar st “ - ~ fe ‘ id } wan” Cae jt ball by | ee, i , “ Wu frp i { z AVicors cues { i ye I ‘ ¢ HP by es 12 13 14 14 16 19 Each of these engines shall be first-class in every respect, and shall be constructed in the most modern and improved manner, by first- class reputable manufacturers. Each of these engines shall be so proportioned, arranged and built, as to be able to develop a duty of at least one hundred million foot pounds with one thousand pounds of steam, each engine to have air pumps and condensers suitable to maintain a high vacuum when working at their maximum capacity; each engine shall be erected and set up on independent suitable foundations, and be connected with the supply ‘and discharge pipe system, so that’ either or all may be run at any time. AIl exposed working parts of these en- . gines shall be highly finished, and the entire steam ends shall be neatly and tastefully lagged with hard wood, secured and orna- mented with polished or metal clamps or screws. Each engine shall have its own set of gauges, which shall include two vacuum, two steam, and one discharge ordinary pressure gauge. There shall also be a standard steam indicator, and permanent standards and con- nections for each engine to permit the attaching of indicators and the taking of indicator cards, and also one water and one steam re- cording pressure euage: there shall also be attached to each engine a suitable number of high grade thermometers to indicate the tem- perature of the water on the suction and discharge pipes; also the temperature of the steam in both the high and low pressure cylin- ders in the exhaust, and also the temperature of the overflow or discharge water from the condensers. In addition to the hereinbefore detailed main pumping engines, there shall be a suitable number in duplicate of boiler feed pumps, and feed water heaters, and all of the usual connections, special fittings, appurtenances, or fixtures necessary to make the entire pumping plant complete, modern and first-class in all respects. , The power to operate this pumping machinery shall be provided by two batteries of five or more boilers each, tre whole to be of such power as to easily furnish the steam necessary to operate the ma- chinery at its full capacity; these two batteries are to be so set and connected that either can supply steam to either or all pumping en- gines at the same time; each of these boilers shall be made of the best boiler steel, in the most thorough and workmanlike manner. bia oe mt a Mee - 48 49 50 51 52 te Le 23 24 Each boiler shall be provided with all appurtenances necessary to make the boiler plant a most complete and efficient and first-class one in all respects. And the said grantees shall keep both the boilers andthe pumping engines in constant and first-class repair, during the life of this ordinance, and increase the same, from time to time, as may be necessary to fully supply the City of Peoria and its inhab- itants. Said grantees shall at their own expense maintain telephone com- munication and also construct and maintain in good working order an electric fire alarm bell in the Pump House, which shall be con- nected with any fire alarm system which is or may hereafter be in use in said city. PIPE DISTRIBUTION SYSTEM. SECTION 10. There shall be in all, including the pipe now laid and to be laid, seventy-five (75) miles of cast iron water pipes, within the limits of said city, provided with all the usual and necessary special castings, gates, hydrants, etc., as hereinafter specified. Said seventy-five miles shall be street measurement, only one pipe to be measured on one street, hydrant connections not to be measured. And on the completion of said seventy-five miles of pipe, there shall not be more than twenty-three miles of six-inch pipe, nor more than seventeen miles of four-inch pipe. Leading into the city, from the pumping station and reservoir, and as far as the County Court House Square, there shall be a thirty- inch pipe; from this point to the lower and upper corporate limits of the city, a twenty-four inch pipe, or its equivalent pipes, in not more 4 than two mains, and leading from these mains shall be other pipes of suitable diameters, so arranged, as regards cross supplies or feeds, as to fully supply all the different portions of the City with a sufficient quantity of water, under sufficient pressure to fully meet the herein detailed requirements for fire protection service. The City shall by resolution, locate, within sixty days after the receipt of written request from the grantees to so locate, the said seventy-five miles of pipe, in such streets, public ways and public lands of the City, as required by this ordinance, and the grantees shall submit to the City a map and plan of the City showing such a pipe system as they would suggest to serve as a basis for the City to ee te tee z By: % PAE, Ae ead aig “ar Pe Peel & 47 use in making their final location. Said map and plan shall be filet in the office of the City Clerk and shall thereafter be left in said office. In case the City shall fail to locate the said pipes within the said sixty days, then the grantees may locate the same, and such location shall fulfill the requirements of this ordinance as to location. In furnishing and laying this seventy-five miles of pipe distribu- tion system, the present existing pipe system may be used, subject to limitations herein contained, as may be deemed most expe- dient by the grantees, so as to form a part of the whole system when completed; but in laying the new additional pipes, or in relaying or removing the present existing pipes, care shall be taken to maintain as far as possible, an uninterrupted supply to so much of the City as is at present served by the existing distribution. All pipes and special castings used in connection with this work shall be of first-class standard manufacture and be accompanied by an inspector’s certificate that they have successfully withstood, at their place of manufacture, a hydrostatic test pressure of 300 pounds to the square inch; and after having been laid and connected in the ground they shall be subject to, and withstand such a hydrostatic pressure as may be brought to bear upon them with a pressure upon the pumping engines of at least 175 pounds to the square inch. The gates shall be sufficient in number, and so located, that if it shall be necessary to shut off the water, in case of accident, repairs, or for any other purpose, it can be done without interfering with the system as a whole, and so that but a small section or specific sub- division of the entire system need be shut off at any one time. Hach gate shall be provided with a suitable, adjustable cast-iron box, set with its top flush with the surface of the ground, and at corners or crossings of one street with another, suitable special castings shall be placed in the mains when laid, so that when the future extensions beyond seventy-five miles now provided for are required, the same may be put in without unnecessary cutting of the main lines to insert special castings, and, in fact, the entire pipe distribution system shall be so constructed as a part of a whole sys- tem that shall ultimately cover the entire City of Peoria, and its reasonable extensions and enlargements. All pipes and hydrant ee ee 66 connections, old or new, shall be laid by said grantees, in all cases, below the frost line of the permanent grade. There shall be placed along the said seventy-five miles of pipe dis- tribution, 1,000 fire hydrants, less those now set, as the same may be located by the City; but in the event the City shall fail to locate the said hydrants within sixty days after receipt of written request from the grantees to locate the same, the grantees may locate them at such points as may to them seem best. One hundred of these hydrants located upon the principal main or mains, to be four nozzle independent valve hydrants, one nozzle to be for steamer connection, if desired, also ten hydrants to be five and six nozzle hydrants with independent. valves, and the remaining eight hundred and ninety hydrants to be double nozzle hydrants, and all to be frost proof, with drips, and the latest and most approved pattern. All hydrants 6 found defective or unsuitable on the present pipe system shall be removed and replaced with new hydrants by the grantees. The hy- drants located on, or connected with eight inch pipes or those of larger diameter, shall have independent gates and boxes between the mains and the hydrants. Each of these hydrants shall be so made as to give a full open water way, from the main to the nozzles, and each nozzle shall be made of the size and fitted with thread cor- responding with that on hose coupling now in use in the City of Peoria, a sample of which shall be delivered by the City to the grant- ees within ten days after a written request is made for the same to the mayor. The hydrants to be located and furnished in conformity with the requirements of this ordinance are to be used only in cases > of actual fires and for theregular firedepartment practice,and for such tests and exhibitions as may be ordered by the Mayor or Chairman of the Committee on Fire and Water, and for flushing sewers and gutters. For any use of which notice is not given on the fire alarm system of the City, reasonable notice shall be given the grantees. In case the City of Peoria, at any time after the completion of the works, shall desire to have set any fire hydrants intermediatetothose then in use, they shall be set by the grantees without any charge for rental, provided the City shall be to all expense of furnishing and connecting said hydrants, and keeping them in repair. None of said hydrants, however, shall be set for the exclusive benefit of private users, except for fire protection. an ge > 100 The said grantees shall have the right to shut off water temporar- 101 ily from the mains, or any portion thereof, for the purpose of mak- 102 ing repairs or extensions to the works, and the said grantees shall 3 not be liable for any damages occasioned by such temporary suspen- 104 sion of the supply of water, provided, notice is given of the inten- 105 tion of shutting off the water, and such repairs or extensions are 106 made without delay, and with due diligence. But if at any time 107 the supply of water is shut off from any cause for more than five 108 days at a time, the rental for the fire hydrants that areshutoffshall =e. SCT re oe wh lu IL 12 13 14 15 16 af cease during the time of suspension. Provided, however, that in no event shall said grantees shut off the entire water supply so as to leave the city without ample and abundant supply of water for fire purposes. In case the City of Peoria, at any time after the laying down of the pipes, to conform to the provisions herein, shall order or make any change in the grade of the streets in said city, from the perma- nent grade whereby it shall become necessary to relay or lower any of the water works pipes or hydrants, said city shall bear all ex- pense of such work. RESERVOIRS. SECTION 11. There shall be located, at a suitable point or points in or near the city, a series of reservoirs, for the pur- pose of storing and distributing water to the different portions thereof. These reservoirs shall be of such construction, shapeand size, > aS may be deemed best, and where the elevation of thegroundis suffi- cient to permit, shall be made in excavation or embankment, of earth and masonry, and where the elevation is not sufficient to permit, shall be made of metal, in form of tanks, stand pipes or water towers. All distributing reservoirs and the water in the same shall have the same top elevation, and be sufficient to supply all requisite, ordinary pressure in all portions of the city, and the water level shall be not less than 220 ft. above the top of the fourth flute on the south angle of the corner stone of the Peoria County Court House, the elevation of which point was established in the year 1877, at one hundred feet above the datum plane. Two of these stand pipes shall be erected on the bluff, in said city—one to be located northeasterly of Ham- ilton street, and the other to be located west of Elizabeth street. Sas oe 1° on DB Ol PR WS FD 9 Said reservoirs shall be so built that they may be pumped into 9 direct, and the water then supplied by them to the city, and also that they may, be disconnected, in time of necessity, that the water supply may be pumped into the mains and to the city by the pumping Machinery direct, and at any pressure up to the maximum herein provided, and in no case shall the minimum be less than the gravity pressure. Those built of earth and masonry shall be lined with brick or stone masonry, or concrete, and so arranged that they may be easily cleaned or repaired without endangering the water sup- ply to the city, either in quantity or continuance. The aggregate capacity of all the reservoirs, stand-pipes or water towers, to be constructed in connection with this system of water works, to be not less than sixteen million United States gallons, and fifteen million gallons shall be stored in two reservoirs or compart- ments of about equal size. CARE AND RESPONSIBILITY. SECTION 12. In building these works, as aforesaid, and in open- ing the streets for the reception of the pipes, gates and special cast- ings, hydrants, etc., or, in doing or performing any other work in connection with the construction, maintaining and repairing of the said system of water works, there shall be the least possible obstruc- tion to the use of the said streets or ways to thepublic. Thetrenches ’ shall remain open for the least possible timecommensurate with good and efficient work, and while the trenches are so open, suitable warn- ings, or barricades shall be erected, and lights shall be used and dis- 10 played at night, and any loss or damage which may ariseor be caused uit 12 to any person or property, by reason of the grantees’ want of care, in properly protecting the said trenches, or other works, shall be borne by grantees, and the grantees shall hold the City of Peoria harmless in any and all respects, by reason of any accident, damage » or encroachment of any kind whatsoever, which may be occasioned by or result from the construction of the work herein provided for. Said grantees shall be liable for and pay to all persons, companies, or corporations injured all damages which may result from careless- ness, negligence or misconduct of said grantees, or any agent or ser- vant of said grantees, in the construction or operation of said water rent Ge 40) 1 3 4 | et a) oo Ff WO WH HF 3 works; and said grantees shall save and keep harmless the said City of Peoria on account of any and all damages and costs in any and all causes of action that may be brought by any person or persons, company or corporation at any time hereafter, by reason of careless- ) ness or negligence as aforesaid, in all suits in which said City is sued, either separately or jointly with said company, or otherwise, including reasonable attorney’s or solicitor’s fees, and for other coun- sel employed by said city in and about such suit or suits, if any shall be so employed, in addition to the city attorney. The rights and privileges granted to said grantees in the streets and alleys of the City of Peoria are made expressly subject to all existing police regulations now in force in the ordinances of said city, or which may be hereafter passed by the City Council of said city, governing the opening of trenches in said streets; and said grantees expressly covenant and agree to observe at all times any and all police regulations made by the City Council of the City of Peoria, affecting their right to the use of said streets and alleys as ; herein provided for. After the said works have been completed, or as fast as any por- tion of the same may be completed, the grantees shall restore the 1 surface of the streets, alleys and public ways, in which they may have laid pipes or constructed any other portion of their works, over such pipes or works, to as near the original surface in which they found the same as the nature of the work will permit. LOCAL LABOR. SECTION 13. In the construction of the works herein provided or, the grantees shall give preference to the citizens of Peoria in all branches of the work, and shall not import or employ labor from other places when the same class and quality of labor, at the same price, can be obtained from among the inhabitants of Peoria. TESTS AND ACCEPTANCE. SECTION 14. Upon the completion of the improvement, exten- sion and enlargement of the present system of water works,inaccord- | ance with the requirements of this ordinance, the grantees shall duly notify said City of Peoria in writing, and at the expiration of five days thereafter shall proceed to make a test of the works on the LN pee aon nm 26 first suitable day following. ._The grantees shall test the power and capactiy of said works by throwing at one and the same time, from any thirty hydrants lying below the foot of the bluffs, thirty fire streams, each stream to use 100 feet of rubber lined hose, and a one- inch ring nozzle, to a vertical height of 100 feet, in still air, or 132 feet horizontally, and to show a pressure at the average center of the location of the said thirty hydrants, sufficient to throw these streams these distances, either vertically or horizontally, according to the tables of Geo. A. Ellis, C. E., or in other words, while said lines of hose and nozzles, as herein described, are attached to the said thirty hydrants, hose and nozzles, thereshall bea pressure maintained at said centrally located point of not less than sixty-five pounds to the square inch. At all other portions of the City the works shall be able to throw at one and the same time, from any ten hydrants, ten fire streams, with the size and length of hose and nozzles herein- before described to a vertical height of seventy feet, or a horizontal | distance of ninety-eight feet, both in still air, or shall show a pres- sure at a hydrant, centrally located between said other hydrants of forty-one pounds to the square inch. These test streams shall be distributed in each of the different wards in the districts specified below the bluff and on the bluff, and none shall be taken from four-inch mains. These tests, or trials, shall be conducted by the grantees, under the supervision of the City Council of the City of Peoria, and the City of Peoria shall furnish all the requisite hose, nozzles, pressure gauges, etc. This test shall take place within ten days after the ex- Wiration of five days’ written notice from the grantees that they will be ready for such test at the expiration of the said five days, and if the works are not completed and ready at such time, then shall the grantees give a new notice of thirty days; the said grantees shall » notify the said City of Peoria that the said works are completed and are ready for the said test, and if the said city shall fail to supervise said test within said ten days, then shall it have waived its right to have said test made; and its non-fulfillment or failure to supervise such test, shall be an acceptance of such works. But, if the citv shall supervise such test, and the said works shall withstand the same, the said city shall formally accept, by resolution of the et 5 \ a ae a a oad oe \ i; Ras ee } ney eee A, y ar : ‘ i) LOB thes EE at ee ; TSE eae ( . } as m4 : ve . oP ee. he! ‘ 7 4 ag ( is : * D ; ‘ “ i : . i be ry 4 hy ° —_ } er ‘y : : Nan ; " : ae | =. alt La “had hs 4 ye <0 4. Shar 4 Ge BATE. 4s a he t Per ~ u bap sa a : St Ves a ar wats Hoyto:t Je OPE ey tet fA : a> es ta a ee , ? U bo A Le / ‘ ae ee a he eRe) eee - 5 E se rh 4 th Ret ; 7 Aj : wie ° " , i ie ware A Ti Baby, f 1 ie , c See hes ye ‘ d : : ~ rs ‘ y a : . = i3 y { . i ria (se -s@ Gat « ye? é percha $2 City Council, the system of waterworks, and thereupon, either after such test, or after the lapse of the said ten days, and the failure to supervise such test, the rental hereinafter provided for shall com- mence, and be due and payable, at the times and in the manner specified. The pressure, capacity and efficiency of said water works system shall be kept at all times during said period of thirty years fully up to the standard prescribed in this ordinance, and for the purpose of de- termining the amount of pressure and efficiency of said water works as a fire protection, from time to time, the City Council reserves the right to order a test of said works and pressure in any and all parts of the City of Peoria at least once each year during said period of thirty years. RULES, REGULATIONS AND RATES. SECTION 15. After the delivery of the property of the existing water works to the grantees, and their acceptance thereof, the grantees may charge and collect during’ the continuance ’ of this franchise and license, quarterly water rates, in advance, which quarterly water rates shall not exceed one-fourth of the an- nual water rates given in this ordinance. The only exceptions to the above times of payment being in the case of meter rates, which shall be payable monthly, or at such other % periods of time as may be mutually agreed upon between the gran- 10 Ag: LZ 13 14 15 16 A’ 18 19 20 tees and consumer. Grantees shall have the right to furnish water and consumers to take water at meter rates, and when meters are required, either by grantees or consumers, they shall be fur- nished by grantees without charge. In all cases where meters are used they shall be such as will meet the approval of the grantees, but may be subject to supervision, inspection and condem- nation, by the City Council or any one by them designated, and when condemned such meter shall be removed and a correct meter substituted in its place at the cost of said grantees. The grantees shall make such rules and regulations, to be first approved by the City Council, regarding the service and use of water, putting in of connections, etc., both as regards the quality of the connections and their arrangement, aS may be proper and expedient, with just and reasonable regard for the rights of others. The grantees shall have a ee the exclusive right to put in water service, pipes and connections in the streets, and for the purpose of controlling and regulating the service pipes and connections to be used in connection with their works, shall issue licenses without fee under the aforesaid rules and regulations, to any plumber, licensed by the City of Peoria, who de- sires. to do such work, and who shall agree to do it in accordance with such rules and regulations, and unless such plumbing work is done in conformity to such rules and regulations thus established, and by a regularly licensed plumber, the grantees may refuse to fur- nish water. All persons desiring water must make application therefor at the office of and upon the books of the _ grantees, who shall maintain an office in the central part of the City, ‘ and agree to conform to the rules and regulations thereof, before the grantees shall be obliged to make connection with the prem- ises of such applicant, but when such application is made, the grantees shall put in the service pipe and connections between the main and sidewalk line at their own expense, and the applicant shall furnish at his own expense the sidewalk stop and box pipe 2 and fixtures from the same into and through his property. The City reserves the right to order said grantees to put in all ser- vice pipes on streets from main to the sidewalk line prior to the mak- ing of any permanent pavement on said streets within said City, the same to be placed atsuch points alongsaidstreets as the City Coun- cil may direct and when so directed the grantees shall immediately put in such service pipes, and stop and box. The City of Peoria will adopt ordinances protecting the grantees in the safe and unmolested exercise of the franchise and license hereby granted, and against fraud and imposition, injury to the property used in connection with water works, against pollution of the water or source of supply, also to carry ingo effect the provis- ions of this ordinance, and of the contract hereby entered into. » In case any private consumer of the grantees shall fail to pay his water rates as hereein provided within thirty days after the same is due, the supply may be shut off. SD) - ers eS oy, Afi (orteere earn? + TABLE OF WATER RATES. ANNUAL RATES. SECTION 16. The following is the table of rates to be charged private consumers for the use of water supplied by said grantees. The amounts hereby so fixed as the maximum charges to private consumers shall in no case be exceeded; and it is stipulated ex- pressly between the City of Peoria and grantees, that said grantees 6 by willfully making a charge in excess of the following rates shall 7 forfeit and pay a penalty of $10.00 for each overcharge to be collected 8 by the person or persons overcharged in an action before any Justice 9 of the Peace: OO me Fw pO — LUNDA RemOue aUCeL. fee eee... . DERM Gos so os ceetemmie shoe ee $ 6.00 11 Bakeries, daily average bbls. flour used, per barrel.......... 3.00 12 Barber shops, first chair............. . | LR SR ‘se aeOU 3 HACK ACGUIOUAINGH AIT See... .:.'. s « Sole eu) oon ee 3.50 T9 Each additional fire........... Sennen na 1.75 Z20eBullding purposes, prickiper 1000 Jaldwy ie. ics ee oe a sew .10 ev SULCIIS -' Week 1," mec 2 Sek SMG stro gel dua eyabhate ate dudliene &. Gh wR remiss 6 +: Lis etadeseM ata es 1.50 Public hotels, restaurants, saloons and stores, self-closing, CECE) sos EREMRES a 9s «SRI t'.''s RUMMME sw G8 serie a 5 OC NGbeselt-closingmeach (.. Siemans). 2 pee err Bed ec kee 10.00 WV ATCUOUGES | 5 Rmmmramete ohh Lo! cr RRM ot #si ss si SIEMOS fo Ss a7e a bfe Le weg 6.00 Sprinkling carts, for each team employed, per month........ 16.00 Parties taking water from their neighbor’s hydrant (per «juar- LOY epee OU) ee: CREE. nc MBE laps Wiles! A sMNCoy © A+ sh sholelane ewe 6.00 Goose necks, when used on sprinklers, regular rates for prem- ises supplied. oY) a wi. a sl Sees ‘ * “t. i ie Wy ms rs ; . . \ Ww os c a Te a. tne j : ( % : i e, ; a ‘ (oo A 7 , * os : a + 4 . ‘ / ‘ ' 1 a t ‘ ae . f fi : a? | he a ? ay . = { i , s . = ' - ‘ an wy ‘ . ; a f a "6 ' Ps y . me. f ww Ge we y _ ~ y* i 5 ' : " ~ 3 = | ° ' 7 8 toe ye 5 4 s a ’ * ‘ °. 3 r > 4 4 ‘ ’ oT) 2 - i / . * \ t ic ~ foi oe ® ] — Ss. at Seay i aoe toy ere Cs 3 " Pa Z : 4 > ig . . ses ‘ re . | ' ; oS . 7 2 at, ‘ 7 tlw . + b+ 7 & 2 at ¢ - ‘ reas s a ’ : ’ i NE ae ‘ ' ss q i \ ‘ F : - ‘ 7 ‘ a+ +," + a * oe eet . Sa ae eet 7 * yh ‘aI Aa As fo NY been ce F . 2 \ Wes é 1 ; : . oe : " f! feo : ‘ ‘y ke fas : CO Gon Vers Cy oe ee bh ao eo BD a ee = oo me 08 DETERS ROLLER. RS. STEPIERT e's c SEAMED “5. cM eee Jers $8 to 12.00 Sprinkling streets and yards four hours per day, 40 feet front, UT WICSE. <1). Hane: . -. RMR MMMM ese cs. , SUMMERS, og site 3 5.00 Mach AAGUIONSMeLOOt ...' | ena Ms ts s,s wea wag « .10 On corner lots one-half width side streets, per foot....... .10 METER RATES PER 1,000 U. S. GALLONS. When daily consumption is 1,000 gallons or less the charge to be at the rate of 20 cents per 1,000 gallons. When daily consumption is more than 1,000 gallons on the excess over 1,000 gallons the charge to be at the rate of 6c. per 1,000 gallons. Waterscarts, for each 100;gallons takenme. ..... .. City to pay more than the sum paid by grantees to the City for the original water works, and the cost of the material and labor used in improving and enlarging the same, and _ said appraisal shall be made upon this basis, excluding all dis- tributing pipes, hydrants, etc., used for supplying water to consumers outside of the City limits. Provided that nothing here- _ in shall be so construed as to prevent the City purchasing the main pipes, reservoirs, machinery, pumping stations and supply wells and grounds, etc., whether the same may be located within or without the limits of said City. If the said City shall then elect to purchase, it shall give the grantees notice of such election, within sixty days from the delivering of said award to the ; said City Clerk, ’and it may pay the whole or any part of such award, but it shall pay not less than one-sixth of same, on or before the expiration of three months thereafter, and on or before the ex- piration of each successive period of three months thereafter, it may pay the whole or any part of the remainder, but it shall pay not less than one-sixth part of the whole award at each of said periods 9 4)e 62 J] Oo 1 fF OO DW FE koe OO a Oo mw 6 bh = 2 until the whole shall be paid. Interest shall be paid by the City on all deferred payments from the date of the first payment to the time of the payment of each and all of the said deferred payments, at such rates per annum as the appraisers may name, not exceeding the legal rate of interest of the State of Illinois. But the said City shall have no right to any of the property or income of the said water works, until such time as it shall take actual possession of the property and make the first payment of the purchase money as aforesaid, and at such time, an adjustment of accounts between the City and the grantees for water furnished or supplied by the grantees, and not then paid for, shall be had. But if the City shall fail or refuse thus to purchase, it shall pay all the necessary expenses incurred by said appraisers, in or on account of the appointing of such appraisers, and making such award, but in case such purchase is completed and such purchase money paid, then shall said expense be equally di- vided between the City and the grantees. When the first payment as fixed by this section shall have been paid over to grantees, or de- posited subject to the order of court for the use of grantees or their creditors, the said city shall be immediately put into possession of said water works free from the lien of any indebtedness contracted by grantees. PAYMENTS. SECTION 18. In consideration of the benefits to be derived by the City of Peoria and its inhabitants, from the improvement, enlarge- ment and extension of its present system of water works, and the operation of said improved, extended and enlarged water works, and in further consideration of the water supply to be obtained thereby, for public and private uses, and as an inducement to the grantees to purchase the present system of water works and to enter upon and improve, enlarge and extend the same, the franchise and license hereby granted to and vested in the grantees shall remain in full force and effect during the term of thirty years from and after the sale and delivery of the present water works, but subject to the right to purchase, as herein provided, and to the other conditions herein imposed, but in the event of a failure to purchase said water works as herein provided, on or before the expiration of said thirty years, said franchise and license shall then continue in full force and effect ep yee until such time as said City may purchase said works, but subject to the same right of purchase as before, with hydrant rentals not exceeding twenty-five dollars per year for each hydrant in use, but the total hydrant rental not to exceed three hundred dollars ($300.00) per mile, and consumers’ rates not exceeding those provided for in this contract, but if the City and grantees cannot agree upon the amount that shall be paid for hydrant rental and other uses pub- lic and private within the above limits, during such extended period of this contract, then such amount shall be determined by arbitration in the same manner as is provided in section 17 of this ordinance. In consideration of the property, privileges and franchise by this contract granted and conveyed to the grantees, they hereby agree and bind themselves during the continuance of this contract, upon the request of the said City of Peoria, to furnish water for fire protec- tion and for other public uses, as herein provided, for the sum of $41,600.00 per annum from the date of the completition of the said proposed water works system, and to receive in part payment of said annual sum of $41,600.00, the interest coupons hereafter paid by the said City of Peoria upon its water bonds for interest accruing after the delivery of the present water works by said City to said grantees, said amount of $41,600.00 to be due and payable in four equal quar- terly installments within thirty days after the end of the quarter for > which water has been so furnished. In default of the payment by the City of any installment for such hydrant rental service and water furnished within the time fixed by this section for its pay- ment, the said grantees shall be released from the payment of said water bonds to an amount equal to the amount of said default, with interest on the same at five per cent. during the continuance of said default. But prior to the completion of said water works, and subse- quentto the delivery of the present water works system to the grantees, the charge and rental for the use of hydrants and water furnished shall be based upon the average number of hydrants actually in use for the preceding quarter, and shall be the proportion of $10,400.00 quarterly which said number of hydrants bears to one thousand hy- drants; provided, however, that when hydrants are located along boundary streets between the City of Peoria and other inhabited territory, and the grantees furnish water to such territory, a deduc- Ge tion of one-half of the hydrant rental rates above specified shall be allowed to the City of Peoria on the hydrants so located. It is further expressly provided and agreed by and between the parties hereto, that, in no event and under no circumstances so long as the said City of Peoria desires and the City Council shall from year to ‘year request hydrant service and water to be furnished to the City of Peoria shall the grantees refuse or neglect for any space of time to supply the City of Peoria and all the hydrants provided for. in this contract, with water and pressure for fire protection, un- less such failure is caused by act of God in the destruction or im- pairment of said water works system or some part thereof or by mob violence, in either of which cases said water works system and every part thereof shall be restored to the former state of efficiency by grantees at the earliest practical date. And, if for any cause other than the two above specified the said grantees fail, neglect or refuse for any space of time to furnish all the water and fire protection pressure required by said Council and provided for in this ordinance, said grantees shall thereby forfeit to the City of Peoria its fran- chise and license hereunder and herein granted and its right to re- tain possession of the water works system, pumping station or sta- tions, reservoirs, stand-pipes, mains, pipes, hydrants and the entire property mentioned and described in this ordinance as belonging to or to belong to said grantees as a part of said water works system; and the City of Peoria by order of the Mayor may immediately, without process of law, take full and complete possession of said property and water works system as aforesaid whether within or without the limits of said city, (using force if necessary for the purpose of taking such possession) and may operate said pumping station or stations and water works system so as to furnish adequate fire protection and water for the uses of said city and the citizens thereof thereafter; and grantees, by accepting this ordinance agree to and do waive and re- lease to the City of Peoria any claim for damages against said city and its servants which they might make by reason of such forcible entry upon and into, and use of said water works properties for such purposes; and said City Council may, at its option for said reason, declare said franchise and license forfeited. Provided that if said grantees shall re-engage to furnish said city with water and pressure e ye A al 4 ball f vat Maes ths ay ge Is sie rv i cu ane f . ¥ en ba 5 has. i a Aw GA babe a A Ae Moles ra a for fire protection, etc., as herein provided for and shall then give satisfactory security that they will comply with such undertaking to again continually furnish water and fire protection for said city they shall be restored to the possession of said water works property, and their franchise and license shall be restored to them, subject - to be again forfeited as in the first instance. But nothing in this section shall be held to release the city from its legal liability to pay for hydrant rental and for all water so furnished. But no money or consideration of any kind shall be paid by the city to grantees for the water used, nor for hydrant rental during the 100 time the city is in possession of said water works and operating the 101 same, as aforesaid. 102 103 In case the City shall desire the said pipe system to be ex- tended within the present or future limits of the City, and shall 104 by ordinance, direct the grantees to make such extension then 105 106 107 168 109 110 tt 112 113 shall the grantees make the same, and furnish and erect fire hydrants thereon to the number of twelve to each mile, as the City may locate the same, upon the condition that the City shall pay for the fire protection thus afforded, $75.00 per quarter for each and every mile thus laid during the said unexpired term of thirty years from completion of the said extension, but subject to the right of purchase herein provided for. Said grantees shall constantly day and night, except in cases of unavoidable accident, keep all hydrants supplied with water, 114 and shall keep them in good order and efficiency. The Chief 115 of the Fire Department of said City, and in case of his absence, 116 the officer in charge thereof, may inspect the hydrants from 117 time to time, and if upon said inspection, any of said hydrants are 118 found to be out of working order, he shall forthwith notify the 119 chief officer in charge of the water works in writing, specifying the 120 hydrant or hydrants out of working order, and said officer of the 121 122 water works shall forthwith repair the same, and if not in working order within five days after such notice, the grantees shall pay to 123 the City a forfeit of ten dollars ($10.00) a day per hydrant while 125 such hydrant or hydrants remain out of repair. But the failure of 126 said officer to so inspect and notify, shall not relieve said grantees ie 128 from liability in case said hydrants are not kept in good repair, nor shall said failure make the City liable for damages in any way. Lt Die ‘ies - : TAF ' a A Th Lie / , . va . Fired ! ee wg 4 Pe ae i prt y 18 1b = OO OND NO —& WH HD & ae bo | FREE WATER. SEcTION 19. In consideration of the franchise and license here- in granted by the said City of Peoria to the said grantees, as herein mentioned, the grantees hereby agree to furnish and supply constantly day and night, except in case of casualty beyond the control of the grantees, at their own expense for the period of thirty years, and as much longer as this franchise may be ex- tended, a sufficient amount of water for the uses of said City for the practice of the fire department, for the necessary flush- ing of public sewers and gutters by hose or carts, the sprink- ling by the City, with wagons or carts, of all streets, for all uses in all City buildings, public and parochial schools, churches, hospitals, and all charitable institutions supported by the City or by the county or state or by private contributions, and throughout the entire year for public drinking. fountains for man and _ beast and for ten hours per day, during the non-freezing months of the year, for ornamental public display fountains. The City sha’l take all due precaution to prevent the unnecessary use and waste of water from these fixtures. DISTURBING STRERETS. SECTION 20. The City of Peoria reserves the right to disturb the pipes of the said grantees when it shall become necessary for building or repairing sewers or for the making of other City im- provements, the same to be so done as to cause the least damage to grantees possible. But nothing herein shall be so construed as to release contractors with the City from liability for damage caused disturbing said pipes. And said grantees hereby covenant and agree that when they shall disturb the paving in the streets of said City in extending, repairing or changing water-mains or pipes, that said grantees at their own expense, shall restore said street and said paving to its original condition as soon as said pipes shall have been put in place, and without unnecessary delay. ACCEPTANCE. SECTION 21. This ordinance shall become binding as a contract, upon the City of Peoria, in the event that the grantees shall first SO ae 4 ‘ \ ti : yd He f f 4 “ a AA ‘ ’ \ , rik aa ' bs ¥ ! ’ PA 4 a7 1h) e) ‘alu ee ih f ¥ - ; uM U + | ; » { ite ly \ is" ery i. at! ! ee ie Bt) ' ’ ‘ { " : ! yy, As) i Lees FD eh wih i ’ é \ ( ‘ ; 5 i ih fe: ee j r ha } r se 1 vi iv ii a + ‘ i 4 7 f Hy + ' ra) + =i} 4 j 1 si ae ’ j ' ‘ 3 ‘ Hy K ear \ ‘ oa } : ' q \ \, y ee) i 70 Ys \ ‘ ' iP | oH, at ' ‘ j \; , { \ 7 4 i) Seth | ‘ 5 ’ * 5 t t ' 4 - ' i ed . ae ay: / Pt yy) \ | (te ‘' i ' Sean 7) a i 1 * P y, ' a 1 tee) ape eee Ht ' J ? vr * ' i i 4 ' i ' ‘ Are? “" iy f i i 4g j 4 } faa) 4 ' ‘ ‘ ee ) A ‘ ( ' ‘ 4 } f i ' ‘ { A ‘Yb ‘ A My : < ) ! j f i ; i iN wz rI ' f ' t ni tot f neers ‘ ‘eh ae ai) ‘ ¥ * : ¥ I Me. pee ‘ { ‘iy, * y APPT 77 i HA hoy y ee LE es vay . ia Warn h W, Dra". ' 1 Ase We aa jis. ’ Ae ii Z ft , f wie i + fi j bs Ley Mae ‘ 7 : ant Li ' i, 7 + I ie w | ‘s y ~y wi Mes HI j Ba men AL |)" wae ves oe ‘vi . VS ee va he % 1 el SP oO Co 10 bad et > 86CO DD perform all the conditions herein required of them, and shall then file with the City Clerk of the City their written acceptance of the same, and the said ordinance and the acceptance thereof shall con- stitute a contract and be a measure of the rights, liabilities and privileges of said City of Peoria and the said grantees, and these conditions and the acceptance shall be performed and made on or . before the Ist day of August, 1889, and if the grantees shall then fail to accept this contract then this ordinance may be repealed. CORPORATION AND ASSIGNMENT. . SECTION 22. The grantees herein agree that they will within thirty days after this ordinance becomes a contract, organize or cause to be organized under the laws of the State of Illinois, a Water Works Company or Corporation, to whom this ordinance and contract shall be duly assigned and transferred, subject to all the restrictions and undertakings herein put upon and assumed by ; 7 grantees, and said company shall take the place of grantees and do co Ol > Ww rs and perform their undertakings hereunder, and such assignment shall be filed in the Clerk’s office of the City of Peoria, and recorded in the office of the Recorder of Deeds of Peoria County, and no other or further assignment or transfer of this ordinance shall be made without the consent of the Council of the City of Peoria. Wherever in this ordinance the word “Grantees” is used it shall be 4 deemed to mean John F. Moffett, Henry C. Hodgkins, John V. Clarke and Charles T. Moffett, comprising the firm of Moffett, Hodgkins & Clarke, their legal representatives, associates, successors ; or assigns. EXECUTION OF CONTRACT. SECTION 23. The Mayor and City Clerk of the City of Peoria are hereby authorized and instructed, upon the acceptance of this ordinance by grantees, and filing and approval by the City Council of the bonds and securities herein required, and after the -water sup- ply and source shall have first been approved by the City Council, to execute and deliver to grantees a deed of conveyance for the prop- 61% erty so sold, and to seal duplicate copies hereof withthe sail of the 7 City, and to sign such copies in the name of, and in behalf of the City, 714 and to deliver one such copy, so sealed and signed in behalf of the oes, 3 (a 17 — So Oo ON HR oO - wr HF me Ww wre and to deliver one such copy, so sealed and signed, in behalf of the City, to the grantees, and to accept the other, in behalf of the City, when signed and sealed by the grantees, and to cause such copy, to- gether with such acceptance, to be authenticated in accordance with the laws governing contracts for the purchase and sale of real estate: and personal property, and to record the same in the office of the Re- corder of Deeds of Peoria County, Illinois, and the said Mayor and the said City Clerk are hereby authorized to sign, with their official hands, and to seal with the seal of the City, any additional copies of this contract, or extracts therefrom, and to cer- tify to the correctness thereof upon the request of the said grantees. SECTION 24. It is expressly understood, and grantees consent and agree, by accepting this ordinance that, in interpreting, constru- ing and giving effect to this ordinance and contract, each and every expression used, if any, which is indefinite or susceptible of more than one interpretation or meaning, the interpretation and meaning which most favors and best protects the interests of the City of Peoria and the inhabitants thereof shall be adopted; and that fire protection shall be afforded to the City of Peoria and its citizens at all times, upon request of the Council, even though no legal special contract for the price thereof has been previously made. EFFECT AND REPEAL. SEcTION 25. All ordinances, or parts of ordinances, inconsistent herewith, are hereby repealed, and this ordinance is, and shall be, in force, from and after its passage and publication by the City Council of the City of Peoria, and its acceptance by the said grantees. Hoge peels Cen a ae ‘ Poth det ft AN ORDINANCE amending Sections 17, 18, 21 and 24 of an ordinance CON RD oO PR wD ~ —_ a entitled “An Ordinance for an improved, enlarged and extended system of Water Works, for the City of Peoria, Illinois, and its inhabitants, and to supply them with water for all public and pri- vate purposes, and to sell to John F.. Moffett, Henry C. Hodgkins, John V. Clarke and Charles T. Moffett, doing business under the firm name of Moffett, Hodgkins & Clarke, of Watertown, N. Y., the present existing system of water works of the City of Peoria, as an entirety, and granting to the said Mo/feit, Hodgkins & Clarke, the franchise and license to rebuild, enlarge and extend the present system of water works and to construct, maintain and op- erate as a whole, the new, improved, enlarged and extended system of water works, in, near and for the said City of Peoria, and con- tracting with the said Moffett, Hodgkins & Clarke for water for fire protection and other public uses for the City of Peoria, and | granting to the said Moffett, Hodgkins & Clarke the right and li- cense to furnish, deliver and sell water to the inhabitants of the City of Peoria, and reserving to the said City of Peoria the right to purchase the said water works system, after its enlargement, im- provement and extension, all as hereinafter provided for. Passed May 4th, 1889. it ordained by the City Council of the City of Peoria: That Sections numbered 17, 18 and 21 and 24 of an ordinance entitled “An Ordinance for an improved, enlarged and extended system of water works for the City of Peoria, Illinois, and its in- habitants, and to supply them with water for all public and private purposes, and to sell to John T. Moffett, Henry C. Hodgkins, John V. Clarke and Charles T. Moffett, doing business under the firm name of Moffett, Hodgkins & Clarke, of Watertown, N. Y., the pres- ent existing system of water works of the City of Peoria, as an entirety and granting to the said Moffett, Hodgkins & Clarke the franchise and license to rebuild, enlarge and extend the present system of water works, and to construct, maintain and operate, as C5) "00, sos OW ie «6CO UNS th a) 12 a whole, the new improved, enlarged and extended system of water works in, near and for the said City of Peoria, and contracting with the said Moffett, Hodgkins & Clarke for water for fire protection and other public uses in the City of Peoria and granting to the said Moffett, Hodgkins & Clarke, the right and license to furnish, de- liver and sell water to the inhabitants of the City of Peoria and reserving to the said City of Peoria the right to purchase the said water works system, after its enlargement, improvement and exten- sion, all as hereinafter provided for. Passed May 4, 1889, be and ‘they are hereby amended so as to read as follows: AMEND SECTION 17 SO AS TO READ AS FOLLOWS: SECTION 17. At the expiration of ten years from the date of the passage of this ordinance, or at any five year period thereafter the City of Peoria as a municipal corporation, shall have the right to purchase the water works of the grantees, and all things pertain- ing thereto as herein provided, on the following conditions, and the grantees in accepting this ordinance expressly covenant and agree to sell to the City of Peoria the said water works, provided the said City may at said time have the power to contract for the payment of the same or shall pay for the same in cash, and upon payment for the same to convey said water works to said City free from all liens upon the following conditions to-wit: The City of Peoria by resolution of its City Council, shall deter- mine to purchase the said water works, and shall serve a certified copy of such resolutions on the grantees at least six months before the time or times when the City of Peoria may desire to exercise the right of purchase heheinbefore granted. In the event that the City and the grantees shall then be unable to agree upon a price, to be paid for the said works, then the said City shall have the right to have at once appointed three disinterested non-resident experts, as appraisers; these appraisers to be named by the judge of the Circuit Court of the United States for the District in which Peoria may at that time be situated. These three appraisers shall constitute a commission which shall examine and take testimony of experts and otherwise deter- mine the then existing value of the water works and all that per- 59m 57 26 tains thereto; but in ascertaining such value they shall not ap- praise the then unexpired term of this franchise or contract, but shall equitably decide what amount the City of Peoria is justly and fairly entitled to pay the grantees for the water works and all that pertains thereto, save said unexpired franchise, and shall make a writ- | ten award of the then cash value of such water works property in du- plicate, and shall deliver one of such awards to the City Clerk of said City and the other to the grantees; and the said City shall then have the right to exercise the option of purchasing or refusing to purchase the said water works at the price so fixed. But in no event is the City to pay more than the sum paid by the grantees to the City for the original Water Works, and the cost of the material] and labor used in improving and enlarging the same, and said appraisal shall be made upon this basis, excluding all distributing pipes, hydrants, etc., used for spplying water to con- sumers outside of the City limits. Provided that nothing herein be so construed as to prevent the City purchasing the main pipes, res- ervoirs, machinery, pumping stations and supply wells and grounds, etc., whether the same may be located within or without the limits of said City. If the said City shall then elect to purchase, it shall give the grantees notice of such election within sixty days from the delivering of said award to the said City Clerk, and it may pay the whole or any part of such award, but it shall pay not less than one- sixth of same, on or before the expiration of three months there- after, and on or before the expiration of each successive period of three months thereafter, it may pay the whole or any part of the remainder, but it shall pay not less than one-sixth part of the whole award at each of said periods until the whole shall be paid. Interest shall be paid by the City on all deferred payments from the date ofthefirst paymenttothetime of the payment of each and all of the saiddeferred payments, at such rates per annum as the apprais- ers may name, not exceeding the legal rate of interest of the State of Illinois. But the said City shall have no right to any of the property or income of the said water works, until such time as it shall take actual possession of the property and make the first payment of the purchase money as aforesaid, and at such time, an adjustment. of accounts between the City and grantees for water eon 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Semon nan rr WH WY eK BS eB ee HP PR Oo FR Ow DD HE OO 16 furnished or supplied by the grantees, and not then paid for, shall be had. But if the City shall fail or refuse, thus to purchase, it shall pay all the necessary expenses incurred by said appraisers, in or on account of the appointing of such appraisers, and making such award, but in case such purchase is completed and such purchase money paid, then shall said expenses be equally divided between the City and the grantees. When the first payment as fixed by this section shall have been made, the said City ‘shall be immediately put into possession of said water works and all payments when made shall be applied under the direction of the City, if the City sees fit so to direct, to the liquidation and extinguishment of all indebtedness of said grantees which are liens upon said water works and upon full payment for the said water works said grantees shall convey the same free from all liens and incumberances to said City. AMEND SECTION 18 SO AS TO READ AS FOLLOWS: In consideration of the benefits to be derived by the City of Pe- oria and its inhabitants, from the improvement, enlargement and extension of its present system of water works, and the operation of said improved, extended and enlarged water works, and in further consideration of the water supply to be obtained thereby, for public and private uses, and as an inducement to the grantees to purchase the present system of water works and to enter upon and improve, enlarge and extend the same, the franchise and license hereby granted to and vested in the grantees shall remain in full force and effect during the term of thirty years from and after the sale and delivery of the present water works, but subject to the right to purchase, as herein provided, and to the other conditions herein imposed, but in the event of a failure to purchase said water works as herein provided, on or before the expiration of said thirty years, said fran- chise and license shall then continue in full force and effect until such time as said City may purchase said works, but subject to the same right of purchase as before, with hydrant rentals not exceed- ing Twenty-five Dollars per year for each hydrant in use, but the total hydrant rental not to exceed Three Hundred Dollars ($300.00) per mile and consumers’ rates not exceeding those provided for in this contract, but if the City and grantees cannot agree upon the Wey Yt vl ear Yas PA ney Jk ha YY i re Be amount that shall be paid for hydrant rentals and other uses, public and private, within the above limits, during such extended period of this contract, then such amount shall be determined by arbitration in the same manner as is provided in Section 17 of this ordinance. In consideration of the property privileges and franchises by this contract granted and conveyed to the grantees, they hereby agree and bind themselves during the continuance of this contract, upon the request of the said City of Peoria, to furnish water for fire protection and for other public uses, as herein provided, for the sum of $41,600.00 per annum from the date of completion of the said proposed water works system, and to receive in part payment of said annual sum of $41,600.00 the interest coupons hereafter paid by the said City of Peoria upon its Water Bonds for interest accru- ing after the deilvery of the present water works by said City to said grantees, said amount of $41,600.00 to be due and payable in four equal quarterly installments within thirty days after the end of the quarter for which water has been so furnished. In default of the payment by the City of any installment for such hydrant rental service and water furnished within the time fixed by this section for its payment, the said grantees shall be released from the pay- ment of said Water Bonds to an amount equal to the amount of said default, with interest on the same as five per cent. during the continuance of said default. But prior to the completion of said water works, and subsequent to the delivery of the present water works system to the grantees, the charge and rentals for the use of hydrants and water furnished shall be based upon the average number of hydrants actually in use for the preceding quarter, and shall be ' the proportion of $10,400.00 quarterly which said number of hydrants bears to one thousand hydrants; provided, however, that when hydrants are located along boundary streets between the City of Peoria and other inhabited territory, and the grantees furnish water to such territory, a deduction of one-half the hydrant rental rates specified shall be allowed to the City of Peoria on the hydrants so located. It is further expressly provided and agreed by and between the parties hereto that, in no event and under no circumstances so long as the said City of Peoria desires and the City Council shall from eh hey i “ 4 A” * ied ‘ ae we ‘ ‘ » * ‘ - a ~ é Ps ce i - = erik. aa \ 4 Ce: tS year to year request hydrant service and water to be furnished to the City of Peoria shall the grantees refuse or neglect for any space of time to supply the City of Peoria and all hydrants provided for in this contract, with water and pressure for fire protection, unless such failure is caused by an act of God in the destruction or impair- ment of said water works System or some part thereof or by mob violence, in either of which cases said water works system and every part thereof shall be restored to the former state of efficiency by grantees at the earliest practical date, and, if for any cause other than the two above specified the said grantees fail, neglect or refuse for any space of time to furnish all the water and fire protection pressure required by said Council and provided for in this Ordi- nance, said grantees shall thereby forfeit to the City of Peoria its franchise and license hereunder and herein granted and its right to retain possession of the water works system, pumping station or stations, reservoirs, stand-pipes, mains, pipes, hydrants and the en- tire property mentioned and described in this ordinance as belong- ing to or to belong to said grantees as a part of said water works system; and the City of Peoria by order of the Mayor upon resolution of the Council may immediately, without process of law, take full and complete possession of said property and water works system as afore- said whether within or without the limits of said City, (using force if necessary for the purpose of taking such possession) and may operate said pumping station or stations and water works system so as to furnish adequate fire protection and water for the uses of said City and the citizens thereof thereafter; and grantees, by accepting i this ordinance agree to and do waive and release to the City of Pe- oria any claim for damages against said City and its servants which they might make by reason of such forcible entry upon and into, and use of said water works properties for such causes and purposes; and said City Council may, at its option for said reason, declare said franchise and license forfeited. Provided that if said grantees re-engage to furnish said City with water and pres- sure for fire protection, etc., as herein provided for and shall then give satisfactory security that they will comply with such undertak- ing to again continually furnish water and fire protection for said City they shall be restored to the possession of said water works fendi y 96 property, and their franchise and license shall be restored to 97 them, subject to be again forfeited as in the first instance, but noth- 98 ing in this section shall be held to release the City from its legal 99 liability to pay for hydrant rental and for all water so furnished. 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 But no money or consideration of any kind shall be paid by the City to grantees for the water used, nor for hydrant rental during the time the City is in possession of said water works and operat- ing the same, as aforesaid. In case the City shall desire the said pipe system to be extend- ed within the present or future limits gf the City, and shall by or- dinance, direct the gratnees to make such extension, then shall the grantees make the same, and furnish and erect fire hydrants there- on to the number of twelve to each mile, as the City may locate the same, upon the condition that the City shall pay for the fire protection thus afforded, $75.00 per quarter for each and every mile thus laid during the said unexpired term of thirty years from completion of said extension, but subject to the right of pur- chase herein provided for. Said grantees shall constantly day and night, except in cases of unavoidable accident, keep all hydrants supplied with water, and shall keep them in good order and efficiency. The Chief of the fire department of said City, and in case of his absence, the officer in charge thereof, may inspect the hydrants from time to time, and if upon said inspection, any of said hydrants are found to be out of working order, he shall forthwith notify the chief officer in charge of the water works in writing, specifying the hydrant or hydrants out of working order, and said officer of the water works shall forthwith repair the same, and if not in working order within five days after such notice, the gran- tees shall pay to the City a forfeit of Ten Dollars ($10.00) a day per hydrant while such hydrant or hydrants remain out of repair. But the failure of said officer to inspect and notify, shall not re- lieve said grantees from liability in case said hydrants aie not kept in good repair, nor shall said failure make the City liable for damages in any way. Es. is em GC PO om ear TR tary ce, 10 mo dD oe on mG OO 10 a his 12 13 ACCEPTANCE. SECTION 21. This ordinance shall become binding as a contract upon the City of Peoria, in the event that the grantees shall first perform all the conditions herein required of them, and shall then file with the City Clerk of the City their written acceptance of the same, and the said ordinance and the acceptance thereof shall con- stitute a contract and be a measure of the rights, liabilities and privileges of said City of Peoria and the said grantees, and these conditions and the acceptance shall be performed and made on or before the 2nd day of October, A. D. 1889, and if the grantees shall then fail to accept this contract then this ordinance may be repealed. AMEND SECTION 24 SO AS TO READ AS FOLLOWS: SECTION 24. It is expressly understood, and grantees consent and agree, by accepting this ordinance that, in interpreting, constru- ing and giving effect to this ordinance and contract, each and every expression used, if any, which is indefinite or susceptible of more than one interpretation or meaning, the interpretation and meaning which most favors and protects the interests of the City of Peoria and the inhabitants thereof shall be adopted; and that fire protection shall be afforded to the City of Peoria and its citizens at all times, upon request of the Council, even though no legal special contract for the price thereof has been previously made but where said water is furnished by said grantees without special request hav- ing previously been made by said Council therefor, the same shall be paid for at the rate and in the manner hereinbefore provided. Passed in Council, July 23, 1889. (Signed) JOHN WARNER, Mayor. (Signed) M. R. FAY, City Clerk. Published Peoria Herald Thursday, August 15th, 1889, Page 5. rae AN ORDINANCE amending Sections nine (9), eleven (11), fifteen (15), eighteen (18), nineteen (19) and twenty-two (22) of an ordinance entitled “An Ordinance for an improved, enlarged and extended system of water works, for the City of Peoria, Illinois, and its inhabitants and to supply them with water for all public and private purposes, and to sell to John F. Moffett, Henry C. Hodgkins, John V. Clarke and Charles T. Moffett, doing business under the firm name of Moffett, Hodgkins & Clarke, of Watertown, N. Y., the present existing system of water works of the City of Peoria, as an entirety, and granting to the said Moffett, Hodgkins & Clarke the franchise and license to rebuild, enlarge and extend the present system of water works and construct, maintain and operate as a whole, the new improved, enlarged and extended sys- tem of water works in, near and for the said City of Peoria, and con- tracting with the said Moffett, Hodgkins & Clarke for water for fire protection and other public uses for the City of Peoria, and granting to the said Moffett, Hodgkins & Clarke the right and license to furnish, deliver and sell water to the inhabitants of the City of Peoria, and reserving to the said City of Peoria the right to purchase the said water works system, after its enlargement, im- provement and extension, all as hereinafter provided for.’ Passed May 4, 1889, and amended July 23rd, 1889. Be it ordained by the City Council of the City of Peoria: aon Oo Fe WwW SF 9 10 SECTION 1. That sections numbered nine (9), eleven (11), fif- teen (15), eighteen (18), nineteen (19) and twenty-two (22) of an ordinance entitled “An Ordinance for an improved, enlarged and extended system of water works for the City of Peoria, Illinois, and its inhabitants, and to supply them with water for all public and private purposes, and to sell to John F.. Moffett, Henry C. Hodgkins, John V. Clarke and Charles T. Moffett, doing business under the firm name of Moffett, Hodgkins & Clarke, of Watertown, N. Y., the present existing system of water works of the City of Peoria, as an en- tirety, and granting tothe said Moffett, Hodgkins & Clarke the fran- he (Sade CO (00 vente Ooe) eet OS ~ et ee wo eH OS co or oO 16 17 chise and license to rebuild, enlarge and extend the present system of water works, and to construct, maintain and operate as a whole the new, improved, enlarged and extended system of water works, in, near, and for the said City of Peoria, and contracting with the said Moffett, Hodgkins & Clarke for water for fire protection and other public uses for the City of Peoria, and granting to the said Moffett, Hodgkins & Clarke, the right and license to furnish, deliver and sell water to the inhabitants of the City of Peoria, and reserving to the said City of Peoria the right to purchase the said water works system, after its enlargement, improvement and extension all as hereinafter provided for,’ passed May 4, 1889, and amended July 23rd, 1889, be and they are hereby amended so as to read as fol- 3 lows: AMEND SECTION 9 SO AS TO READ AS FOLLOWS: SECTION 9. The pumping machinery shall be large, modern and first-class in all respects, and shall consist of three compound, con- densing, duplex, pumping engines, each one of which shall be cap- able of pumping not less than seven Million, two hundred thousand United States gallons each per twenty-four hours, at a piston speed of not exceeding one hundred and forty feet per minute, against a water pressure of one hundred and eighty pounds to the square inch. Each of these engines shall be first-class in every respect, and shall be constructed in the most modern and improved manner, by first-class, reputable manufacturers. Each of these engines shall be so proportioned, arranged and built, as to be able to develop a duty of at least one hundred mil- lion foot pounds with one thousand pounds of steam, each engine to have air pumps and condensers, suitable to maintain a high vacuum when working at their maximum capacity; each engine shall be erected and set up on independent suitable foundations, and be connected with the supply and discharge pipe systems, so that any or allmay berunatany time. All exposedworking parts of these engines shall be highly finished, and the entire steam ends shall be neatly and tastefully lagged with hard wood, secured and orna- mented with polished or metal clamps or screws. Each engine shall pa acs or or oy oT on ond ™ of have its own set of gauges, which shall include two vacuum, two steam, and one discharge ordinary pressure guage. There shall also be a standard steam indicator, and permanent standards and con- nections for each engine to permit the attaching of indicators and ; the taking of indicator cards and also one water and one steam recording pressure gauge; there shall also be attached to each en- gine a suitable number of high-grade thermometers to indicate the temperature of the water in the suction and discharge pipes; also the temperature of the steam in both the high and low pressure cylinders in the exhaust, and also the temperature of the overflow or discharge water from the condensers. In addition to the here- inbefore detailed main pumping engines, there shall be a suitable number in duplicate of boiler feed pumps, and feed water heaters, — and all the usual connections, special fittings, appurtenances or fix- tures necessary to make the entire pumping plant complete, mod- ern and first-class in all respects. The power to operate this pumping machinery shall be provided by three batteries of two or more boilers each, the whole to be of such power as to easily furnish the steam necessary to operate the machinery at its full capacity; these three batteries are to be so set and connected that either can supply steam to either or all pumping engines at the same time; each of these boilers shall be made of the best boiler steel, in the most thorough and workman- like manner. Each boiler shall be provided with all appurtenances necessary to make the boiler plant a most complette and efficient and first-class one in all respects. And the said grantees shall keep both the boilers and the pumping engines in constant and first-class repair, during the life of this ordinance, and increase the same, from time to time, as may be necessary to fully supply the City of Peoria and its inhabitants. Said grantees shall at their own expense maintain telephone communications with the police and fire departments of the City of Peoria and also with the public telephone system and also con- : struct and maintain in good working order an electric fire alarm bell in the Pump House, which shall be connected with any fire alarm system which is or may hereafter be in use in said City. i! 2 4 i) 6 7 8 9 10 at 12 13 14 15 16 aif 18 19 20 21 22 23 AMEND SECTION 11 SO AS TO READ AS FOLLOWS: RESERVOIRS. SECTION 11. There shall be located at a suitable point or points in or near the city, a series of reservoirs, for the purpose of stor- ing «and distributing water to the different portions thereof. These reservoirs shall be of such construction, shape and size, as may be deemed best, and where the elevation of the ground is sufficient to permit, shall be made in excavation or embankment, of earth and masonry, and where the elevation is not sufficient to permit, shall be made of metal, in the form of tanks, stand-pipes or water towers. All distributing reservoirs and the water in the same shall have the same top elevation, and be sufficient to supply all requisite, or- dinary pressure in all portions of the City, and the water level shall not be less than two hundred and twenty (220) feet above the top of the fourth flute on the south angle of the corner stone of the Peoria County Court house, the elevation of which point was estab- lished in the.year1877,atone hundred feetabove the datum plane. The of these stand-pipes shall be erected on the bluff, in said city—one to be located northeasterly of Hamilton Street, and the other to be located west of Elizabeth Street. Said reservoirs shall be so built that they may be pumped into direct, and the water then supplied by them to the city, and also that they may be disconnected, in time of necessity, that the water supply may be pumped into the mains and to the city by the pump- ing machinery direct, and at any pressure up to the maximum here- 231-2 in provided, and in no case shall the minimum be less than the 24 25 26 27 28 29 30 31 32 33 gravity pressure. But said reservoirs shall not be disconnected ex- cept to make repairs thereto or to be cleaned. Those reservoirs built of earth and masonry shall be constructed according to speci- fications submitted by the grantees and shall be lined with brick or stone masonry, or concrete, and so arranged that they may be easily cleaned or repaired without endangering the water supply to the City, either in quantity or continuance. The aggregate capacity of all the reservoirs, stand-pipes or water towers, to be constructed in connection with this system of water works, to be not less than nineteen million United States Wye ee gallons, and eighteen million gallons shall be stored in one reser- voir. There shall be a driveway connected with the public highway to and around the reservoir. Said driveway shall be twenty-four feet wide and shall be kept up and maintained at grantees’ expense. There shall also be a suitable walk for foot passengers six feet wide from the public highway to and around the reservoir. AMEND SECTION 15 SO AS TO READ AS FOLLOWS: | RULES, REGULATIONS AND RATES. SECTION 15. After the delivery of the property of the existing water works to the grantees, and their acceptance thereof, the grantees may charge and collect during the continuance of this franchise and license, quarterly yearly water rates, in advance, which quarter yearly water rates shall not exceed one-fourth of the amount of annual water rates given in this ordinance, or one-half of the rates given for six months. The only exception to the above times of payment being in the case of meter rates, which shal be payable monthly, or at such other periods of time as may be-mutually agreed upon between the grantees and consumer. Pa Grantees shall have the right to furnish water and consumers to take water at meter rates, and when meters are required, either by i gantees or consumers, they shall be furnished by grantees without charge. In all cases where meters are used they shall be such as will meet the approval of the grantees, but may besubject tosupervision, in- spection and condemnation of the City Council or any one by them des- s ignated, and when condemned such meter shall be removed and a correct meter substituted in its place at the cost of said grantees. The Council reserves the right to appwint a man as inspector of water meters used by the consumers under this ordinance and it 2 shall be the duty of said inspector to examine and test any water meter furnished to consumers by said grantees, whenever requested so to do by such consumer. Said inspector shall always’ give twenty-four (24) hours notice to the consumer and also to the said grantees of the time and place when and where such tests is to be made. Said inspector shall be entitled to receive in advance from Aa 47 any consumer requiring his services the sum of $2.00 and his reas- onable expenses, not exceeding $5.00 for each meter by him _ in- spected. Such sum shall be refunded by the said grantees upon presen- tation to them of the inspector’s certificate that the meter has been found by him to register more water than actually passes through the same. But if the said meter shall be found by said inspector to not register more water than actually passes through the same, then said consumer shall bear the expense of such inspection as above provided for. The grantees shall make such rules and regulations, to be first approved by the City Council, regarding the serviec and use of water, putting in of connections, etc., both as regards the quality of the connections and their arrangement, as may be proper and expedient with just and reasonable regard for the rights of others. The grantees shall have the exclusive right to put in water ser- vice pipes and connections in the streets; and for the purpose of controlling and regulating the service pipes and connections to be used in connection with their works, shall issue licenses without fee under the aforesaid rules and regulations, to any plumber li- censed by the City of Peoria, who desires to do such work, and who shall agree to do it in accordance with such rules and regulations; and, unless such plumbing work is done in accordance with, and in conformity with such rules and regulations thus established, and by a o14 regularly licensed plumber, the grantees may refuse to furnish wa- 5z 53 54 ter. All persons desiring water must make application therefor at the office of and upon the books of the grantees, who shall maintain an office in the central part of the city, and agree to conform to the rules and regulations of said grantees, before the grantees shall be obliged to make connection with the premises of such applicant, but when such application is made, the grantees shall put in the service pipe and connections between the main and sidewalk line at their own expense, and the applicant shall furnish at his own ex- pense the sidewalk stop and box and pipe and fixtures from the same into and through his property. The City reserves the right to order said grantees to put in all >» service pipes on streets from main to the sidewalk line prior to acy Tee os Dv he jae @ i me yl ‘ — ‘ 64 65 66 67 68 69 70 in 72 73 74 75 76 77 78 79 the making of any permanent pavement on said streets within said City, the same to be placed at such points along said streets as the City Council may direct, and when so directed the grantees shall immediately put in such service pipes and stop and box. The City of Peoria will adopt ordinances’ protecting the grantees in the safe and unmolested exercise of the franchise and license hereby granted, and against fraud and imposition, injury to the property used in connection with the water works, against pollution of the water or source of supply, also to carry into effect the provisions of this ordinance, and of the contract hereby en- tered into. In case any private consumer of the grantees shall fail to pay his water rates as herein provided within thirty days after the same is due, the supply may be shut off. All service pipes not exceeding one and a half inch in diameter hereafter laid by grantees from mains to sidewalk line, shall be extra strong lead pipes. AMEND SECTION 18 AS AMENDED JULY 238, 1889, SO AS TO READ oreo nt om ot fF WS DY FE 10 11 12 13 14 15 16 17 AS FOLLOWS: PAYMENTS. SECTION 18. In consideration of the benefits to be derived by the City of Peoria and its inhabitants, from the improvement, enlarge- ment and extension of its present system of water works, and the operation of said improved, extended and enlarged water works, and in further consideration of the water supply to be obtained thereby, for public and private uses and as an inducement to the grantees to purchase the present system of water works and to enter upon and improve, enlarge and extend the same, the franchise and license hereby granted to and vested in the grantees shall re- main in full force and effect during the term of thirty years from and after the sale and delivery of the present water works, but subject to the right of purchase as herein provided, and to the other conditions herein imposed, but in the event of a failure to purchase said water works as herein provided, on or before the ex- piration of said thirty years, said franchise and license shall then continue in full force and effect until such time as said City may purchase said works, but subject to the same right of purchase Bl? (ee if art : es Caer oa ¢ 4 rele : i 4d as before, with hydrant rentals not exceeding twenty-five dollars per year for each hydrant in use, but the total hydrant rental not to exceed three hundred dollars ($300.00) per mile of main pipe, and consumers’ rates not exceeding those provided for in this con- tract; but if the City and grantees can not agree upon the amount that shall be paid for hydrant rentals and other uses—public and private—within the above limits, during such extended period of this contract, then such amount shall be determined by arbitra- tion in the same manner as is provided in Section 17 of this ordinance as amended. In consideration of the property, privileges and franchises by this contract granted and conveyed to the grantees, they hereby agree and bind themselves during the continuance of this contract, upon the request of the said City of Peoria to furnish water for fire protection and for other public uses, as herein provided, for the sum of $41,600.00 per annum from the date of the completion and | acceptance by the City of Peoria of the said proposed water works System, as provided in this ordinance as amended and to receive in part payment of said annual sum of $41,600.00 the interest coupons hereafter paid by said City of Peoria upon its water bonds, for interest accruing after the delivery of the present water works by said City to said grantees, said amount of $41,600.00 to be due ) and payable in four equal quarterly installments within thirty days after the end of the quarter for which water has been so fur- nished. In default of the payment by the City of any installment » for such hydrant rental service and water furnished within the time fixed by this section for its payment, the said grantees shall be released from the payment of said water bonds to an amount equal to the amount of said default, with interest on the same at five per ' cent during the continuance of said default. But prior to the com- pletion of said water works, and subsequent to the delivery of the present water works system to the grantees, the charge and rental for the use of hydrants and water furnished shall be for three hun- dred and sixty-nine hydrants from November ist, 1889, up to the date of the completion of the two water towers upon the East and West bluffs and their connection and use with the pipe distribution system as then laid, after which date the charge and rental for the use of hydrants shall be for five hundred and seventy up to the date of the completion and acceptance of the water works system, and thereafter for one thousand hydrants as provided in this ordinance S as amended; Provided, that such payment of new hydrant rental shall not be construed to waive the right of the City to have the new hydrants subjected to the tests heretofore required by this or- dinance for said new water works system; Provided, further, that in consideration of said City having passed this amended ordinance said grantees shall at all times keep all its new hydrants supplied with water and fire pressure and shall permit the said City to use the same for suppressing conflagrations before said works are com- pleted free of other charge; Provided, further, that when hydrants are located along boundary streets between the City of Peoria and other inhabited territory, and the grantees furnish water to such territory, a deduction of one-half the hydrant rental rates above specified shall be allowed to the City of Peoria on the hydrants so located. It is further expressly provided and agreed by and between the parties hereto, that in no event and under no circumstances, so long as the said City of Peoria desires and the City Council request hydrant service and water to be furnished to the City of Peoria, shall the grantees refuse or neglect for any space of time #o supply the City of Peoria and all the hydrants provided for in this contract, with water and pressure for fire protection, unless such failure is caused by an act of God in the destruction or impairment of said water works system or some part thereof, or by mob violence, in either of which cases said water works system and every part there- of shall be restored to the former state of efficiency by grantees at the earliest practical date. And, if for any cause other than the - two above specified, the said grantees fail, neglect or refuse for any space of time to furnish all the water and fire protection pressure required by said Council and provided for in this ordinance, said grantees shall thereby forfeit to the City of Peoria its franchise and license hereunder and herein granted and its right to retain posses- sion of the water works system, pumping station or stations, reser- voirs, stand-pipes, mains, pipes, hydrants and the entire property mentioned and described in this ordinance as belonging to or to be- long to said grantees as a part of said water works system; and the bed 8a 92 " [al 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 City of Peoria by order of the Mayor upon resolution of the Council may immediately, without process of law, take full and complete possession of said property and water works system as aforesaid whether within or without the limits of said City (using force if necessary for the purpose of taking such possession), and may op- erate said pumping station or stations and water works system so as to furnish adequate fire protection and water for the uses of said City and the citizens thereof thereafter; and grantees, by ac- cepting this ordinance, agree to and do waive and release to the City of Peoria any claim for damages against said City and its servants which they might take by reason of such forcible entry upon and into and use of said water works properties for such causes and purposes; and said City Council may, at its option for said reason, declare said franchise and license forfeited. Provided, that if said grantees shall re-engage to furnish said City with water and pressure for fire protection, etc., as herein provided for, and shall then give satisfactory security that they will comply with such undertaking to again continually furnish water and fire pro- tection for said City, they shall be restored to the possession of said water works property, and their franchise and license shall be restored to them, subject to be again forfeited as in the first in- stance. But nothing in this section shall be held to release the City from its legal liability to pay for hydrant rental and for all water so furnished. But no money or consideration of any kind shall be paid by the City to grantees for the water used, nor for hydrant rental during the time the City is in possession of said water ‘works and operating the same, as aforesaid. In case *the City shall desire the said pipe system to be ex- tended within the present or future limits of the City, and shall by ordinance direct the grantees to make such extension, then shall the grantees make the same, and furnish and erect fire hy- drants thereon to the number of twelve to each mile, as the City may locate the same upon the condition that the City shall pay for the fire protection thus afforded, $75. per quarter for each and every mile thus laid during the said unexpired term of thirty years from completion of the said extension, but subject to the right of pur- 2249 — 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 chase herein provided for. Said grantees shalf constantly day and night, except in cases of unavoidable accident, keep:-all hydrants supplied with water, and shall keep them in good order and effic- iency. The chief of the fire department of said City, and, in case of his absence, the officer in charge thereof, or any person desig- nated by the City Council, may inspect the hydrants from time to time, and if upon said inspection, any of said hydrants are found to be out of working order, he shall forthwith notify the chief officer in charge of the water works in writing, specifying the hy- hydrant or hydrants out of working order, and said officer of the water works shall forthwith repair the same, and if not in working order within five days after such notice, the grantees shall pay to the City a forfeit of ten dollars ($10) a day per hydrant while such hydrant or hydrants remain out of repair. But the failure of said officer to so inspect and notify shall not relieve said gran- tees from liability in case said hydrants are not kept in good re- pair, nor shall said failure make the City liable for damages in any way. AMEND SECTION 19 SO AS TO READ AS FOLLOWS: FREE WATER. SECTION 19. In consideration of the franchise and license herein granted by the said City of Peoria to the said grantees, as herein mentioned, the grantees hereby agree to furnish and supply con- stantly, day and night, except in case of casualty beyond the control of the grantees, at their own expense for the period of thirty years, and as much longer as this franchise may be extended, a sufficient amount of water for the uses of said city, for the practice of the fire department, for the necessary flushing of public sewers and gutters, the sprinkling with wagons or carts of any or all streets when ordered or required by the City, and for all uses in all City and County buildings, City Parks, public and parochial schools, churches, hospitals, and all charitable institutions supported by the City or by the County or by private contributions and for sprinkling the Court House square throughout the entire year, also for public drinking fountains for man and beast and, for ten hours per day, during the non-freezing months of the year, for all public display fountains. Pal «he a St oo» OO NW fe oO i, CORPORATION AND ASSIGNMENT. SECTION 22. The grantees herein agree that they will within thirty days after this ordinance becomes a contract, organize or cause to be organized under the laws of the State of Illinois, a Water Works Company, or a Corporation, to whom this ordinance and contract shall be duly assigned and transferred, subject to all the restrictions and undertakings hereunder, and such assignment shall be filed in the Clerk’s office of the City of Peoria, and shall also be recorded in the office of the Recorder of Deeds in and for ‘Peoria County, and no other or further assignment or transfer shall be made except by mortgage without the consent of the City Coun- cil of the City of Peoria; Provided, however, that no mortgage of said Water Company or Corporation shall be made Which will have the effect of cutting off any of the rights of the City of Peoria under this amended ordinance. Wherever in this ordinance the word “Grantees” is used it shall be deemed to mean John F. Moffett, Henry C. Hodgkins, John V. Clarke and Charles T. Moffett, com- prising the firm of Moffett, Hodgkins & Clarke, their legal rep- resentatives, associates, successors or assigns. SECTION 2. The foregoing amendments are made upon the ex- press condition that they shall be accepted by the grantees within ten days after the passage of this ordinance in writing, with a stip- ulation and agreement by grantees that such amendments shall not in any way change, modify or affect or release any of the other terms, conditions, covenants and agreements as contained in said ordinance, not amended hereby. Otherwise this amendment to be void and of no effect. Passed in Council, August 5th, A. D., 1890. (Signed) CHARLES C. CLARKE, Mayor. R. FAY, City Clerk. a $4 yon LIBRARY mniicpeiry 3. BELINGHS AN ORDINANCE to amend Sections 2, 6, 17 and 18 of an ordinance nm 2 oo NM He & ad bak i a 6 6o a TN de C9 CD = ° ~ pach beg hE ack, fate Oe ci 60) 4 ew _ co entitled “An Ordinance for an Improved, Enlarged and Extended System of Water Works for the City of Peoria, Illinois, and its inhabitants, and to supply them with water for all public and private purposes,’ passed in Council May 4th, A. D. 1889, and all amendments thereto, and to repeal portions of said ordinance in- ‘consistent herewith. it ordained by the City Council of the City of Peoria: SECTION 1. That Section 2 be amended by inserting in the first paragraph after the word “terms” in line 26, Section 2121 of the revised printed ordinances of the City of Peoria, dated 1892, the fol- lowing: “But the grantees shall be relieved of their obligations on the city water bonds under this section, by the payment by grantees to the City of Peoria in cash, on or before February ist, 1905, of $195,000.00, less an allowance of $4,875.00, and thereupon the two indemnity bonds of $225,000.00 each, and the mortgage to the City, securing the same, as hereinafter provided, shall be cancelled and satisfied of record.” SECTION 2. That the last paragraph of Section 6 be and is hereby amended to read as follows: “It is expressly understood and agreed by and between the parties hereto that in case said grantees shall fail to comply with the provisions of this section requiring said grantees to supply the inhabitants of the City of Peoria with clear and wholesome water, by taking water from sources forbidden by the water works ordinance, without the consent of the city authorities, or by reason of neglect in permitting any contamination to originate on the property owned or controlled by the grantees, then said grantees shall thereby forfeit to the City of Peoria the sum of $125.00 per day for each and every day they shall so fail to supply such clear and wholesome water as aforesaid; provided, that the City Council of the City of Peoria shall first cause to be given to said grantees through any officer of said company, or Pg) eae foal > agent, in charge of said company’s business in the City of Peoria, fifteen days’ notice that said water has been pronounced impure and unwholesome, from a breach of the conditions aforesaid, and not up to the standard prescribed by the said City Council. The said amount to be recoverable of and from said company in an action of debt by and in the name of the City of Peoria.” SECTION 3. That Section 17 be amended to read as follows: “At the expiration of ten years from the date of the passage of this ordinance, or of any, except the second, five year period thereafter, the City of Peoria, as a municipal corporation, shall have the right to purchase the water works of the grantees, and all things per- taining thereto, as herein provided, on the following conditions, and the grantees, in accepting this ordinance, expressly covenant and agrees to sell to the City of Peoria the said water works, pro- vided the said city may, at said time, have the power to contract for the payment of the same, or shall pay for the same in cash, and upon payment for the same to convey said water works to said city free from all liens upon the following conditions, to-wit: The City of Peoria, by resolution of its City Council, shall determine to purchase the said water works, and shall serve a certified copy of such resolution on the grantees at least six months before the time, or times, when the City of Peoria may desire to exercise the right of purchase hereinbefore granted. “In the event that the city and the grantees shall be unable to agree upon a price to be paid for the said works, then the matter shall be submitted to three disinterested, non-resident, competent experts as appraisers; one of such appraisers to be appointed by the City, a second appraiser to be appointed by the grantees, and the third appraiser to be appointed by the said two appraisers. The appraisers aforesaid shall constitute a commission which shall examine and take testimony of experts and otherwise determine the then existing value of the water works and all that pertains thereto; but in ascertaining such value they shall not appraise the then unexpired term of this franchise or contract, but shall equit- ably decide what amount the City of Peoria is justly and fairly entitled to pay the grantees for the water works and all that per- tains thereto, save said unexpired franchise, and shall make a a0 Bile CoO WwW Ww wm © bo 61 62 written award of the then cash value of such water works property, in duplicate, and shall deliver one of such awards to the City Clerk and the other to the grantees; and the said City shall then have the right to exercise the option of purchasing or refusing to purchase } the said water works at the price so fixed, excluding all distributing pipes, hydrants, etc., used for supplying water to consumers outside of the city limits. Provided, that nothing herein shall be so con- strued as to prevent the city purchasing the main pipes, reservoirs, machinery, pumping stations and supply wells and grounds, etc., whether the same may be located within or without the limits of said City. If the said City shall then elect to purchase, it shall give the grantees notice of such election within sixty days from the delivering of said award to the said City Clerk, and it shall pay the whole of such award, and an adjustment of accounts between the city and the grantees for water furnished or supplied by the gran- tees to the city of Peoria or to other consumers ,and not then paid for, shall be had, and any balance due the grantees shall be paid on or before the expiration of eighteen (18) months from the date of such award. “When the payments as fixed by this section, shall have been 2 made, the said City shall be immediately put into possession of said water works, and said payments, when made, shall be first applied under the direction of the City, if the City sees fit so to direct, to the liquidation and extinguishment of all indebtedness of said grantees which are liens upon said water works, and said grantees shall convey the same free from all liens and incumbrances to said City; but the said City shall have no right.to any of the property or income of the said water works until such time as it shall take actual possession of the property and make the payments aforesaid. If the City shall fail or refuse thus to purchase, it shall pay all the necessary expenses incurred by said appraisers, and in or on account of the appointing of such appraisers and making such award; but in case such purchase is completed, and such payments are made by. the City as aforesaid, then shall said expense be equally divided between the City and the grantees. Section 4. That Section 18 be amended as follows: After the word “amended” in the second paragraph, strike out the following: boas (2 3 “and to receive in part payment of said annual sum of $41,600.00, 4 the interest coupons hereinafter paid by said City of Peoria upon 5 its water bonds for interest accruing after the delivery of the 6 present water works by said City to said grantees.” 7 After the word “furnished” in same paragraph, also strike out 8 the following: “In default of the payment by the City of any in- § stallment for such hydrant rental service and water furnished 10 within the time fixed by this section for its payment, the said 11 grantees shall be released from the payment of said water bonds to ‘an amount equal to the amount of said default with interest on the ey fet co bho same at five per cent during the continuance of said default.” Section 5. That all parts of said ordinance as amended in con- flict herewith be and the same are hereby repealed and this ordin- ance shall be in force and effect from and after its passage and publication and the payment of the sum as hereinbefore provided, Ct f& 03 bb & and shall extend to grantees, their successors and assigns. Passed by the City Council of the City of Peoria, Illinois, this 22nd day of November, A. D. 1904. . E. N. WOODRUFF, Mayor. Attest: ROBERT JOOS, City Clerk. a aes wee x FS ee T 98551 i