[12/7/1897, § 1]
The Borough of Hughesville does hereby grant to the Hughesville
Water Company, its successors and assigns, the exclusive privilege
of constructing, maintaining and operating in said Borough, a system
of water works for the supplying the Borough and inhabitants thereof,
with water for protection against fire and for domestic, sanitary
and other useful purposes, during the time hereinafter specified,[2] hereby, also granting to said Hughesville Water Company
the privilege, right, authority and full power to lay water pipes
and mains, to dig ditches or trenches in the streets, avenues or alleys
of said Borough of Hughesville, of such depth and width as may be
necessary for such purpose, provided that the streets, avenues, or
alleys so dug up shall be restored by said Water Company to their
former condition as nearly as practicable and a reasonable time.[3]
[1]
This franchise is now vested in the Borough and the Hughesville
Borough Authority. This ordinance should be read in conjunction with
the ordinance of February 28, 1913, which reordained the above ordinance,
with certain amendments (see Sections 75 to 78 of this chapter).
[2]
See Sections 62, 68, 72 and 73 of this chapter.
[3]
Section 14 of this ordinance repealed the ordinance of March
24, 1891 and provided that the ordinance take effect upon an agreement
in writing from the Hughesville Water Company accepting the repeal
of the ordinance of March 24, 1891; also required was the approval
of ordinance terms by the West Philadelphia Title and Trust Company
and J. Henry Jahke.
[12/7/1897, § 2]
The said Hughesville Water Company shall maintain and have in
operation in said Borough, for a period of four years from November
1, 1897, a complete and efficient system of water works, with a reservoir
of not less than 350,000 gallons capacity and of sufficient height
to produce a pressure on the mains, such that from any one hydrant
located in said Borough, a stream of water will be projected 60 feet
vertically, through a 100-foot section of fire hose with a one-inch
nozzle attached.
[12/7/1897, § 3]
The location of mains and water pipes already in use, as well
as the location of the fire hydrants already in use is hereby approved.
The said Hughesville Water Company is required to put in place ready
for use, five additional fire hydrants of the kind now in use or other
approved patterns on lines of pipes or mains already in the ground
at such points as may be designated by the Borough.
[12/7/1897, § 4]
The water supply of said water works shall be taken from wells
and shall be wholesome, healthy water and suitable for drinking and
other domestic purposes.
[12/7/1897, § 5]
The distributing system of water works shall be such in extent
and capacity as to furnish the people of the Borough with water at
their houses and protect the Borough from fire when furnished with
the necessary hydrants. The main pipe from the reservoir to the main
distributing street shall not be of less inside diameter than eight
inches and the pipe along said main distributing street shall not
be less inside diameter than six inches except whereas now laid and
in use, all pipes shall be of sufficient capacity to serve the purposes
as above set forth. All pipes and all special castings shall be of
the best standard iron bituminized with usual castings.
[12/7/1897, § 6]
The said Hughesville Water Company, its successors and assigns,
shall have the right to make reasonable rules and regulations for
the government of private consumers in the use of its water and the
said Borough agrees to enforce them, by ordinances, so far as it is
reasonable and lawful so to do, and the said Water Company, its successors
and assigns, may charge such rates for the use of its water as it
may from time to time establish provided the rates charged per annum
shall not exceed those named in the following schedule, to wit: .
. . .[1]
[1]
Here followed the initial schedule of rates. For rates now
in effect, see Chapter XXIV.
[12/7/1897, § 7]
The Borough of Hughesville shall have the use of said fire hydrants
for fire purposes, for all buildings of fire companies, for all Borough
hose stations, for all public schools and for one drinking fountain
for man and beast located where the Borough shall determine. The Borough
shall also have the use of said fire hydrants for the purpose of flushing
gutters or public sewers, provided such flushing be done between sunrise
and noon and no hydrants shall be used for this purpose without at
least one section of hose being attached through which to carry the
water and that no hydrant shall be used more than 15 minutes in any
one day for this purpose and that such flushing shall be superintended
by a special officer of the said Borough, who shall allow no water
to be carried for the use of families, stores, offices or other places
from such use of water for said flushing. The said Borough of Hughesville
shall also be permitted to take water from any of the fire hydrants
for sprinkling its public streets, provided such water be taken by
a person or persons in the employ of the said Borough.
[12/7/1897, § 8]
The said Hughesville Water Company shall continuously operate
the said water works, keeping them in maximum state of repair and
efficiency for the period of four years, from November 1, 1897, and
the said fire hydrants shall be at all times kept in readiness for
instant use, accidents over which there is no control to be excepted,
and when any hydrant shall be known to the officer in charge to be
out of repair, it shall be his duty to repair the same at once, whether
in day or night time, if said hydrant cannot be so repaired, it shall
be replaced by a new hydrant with due diligence.
[12/7/1897, § 9]
In consideration of the foregoing covenants and agreements to
be done, kept and performed by the Hughesville Water Company, for
the Borough of Hughesville, the said Borough of Hughesville agrees
to pay said Hughesville Water Company the sum of $750, in quarterly
payments of $187.50 each year in advance on the first day of February,
May, August and November succeeding the date of this ordinance; for
the period of four years from February 1, 1897, the said Hughesville
Water Company agrees to put in additional hydrants on request of the
said Borough of Hughesville, to be paid for at the rate of $25 per
annum, payments to be made quarterly as above, provided that said
Hughesville Water Company shall not be obliged to put in such additional
hydrants, where it shall necessitate an extension of their pipes more
than 400 feet. Payments shall be made by the said Borough to the West
Philadelphia Title and Trust Company Trustees, under the mortgage
given by the said Water Company or its successors in said office,
and the receipts for such payments by the party so named, shall be
binding and valid upon the Water Company, saving, however, all rights
of action to the said Water Company or its assigns in case of breach
of this contract, by the said Borough and in case said Borough shall
not have sufficient funds at any of said times to make said payments,
upon the days and times above mentioned, then in that case, warrants
bearing lawful interest shall be issued by the Borough Treasurer,
in favor of said trustee for the amount due said Water Company under
the terms of this ordinance.[1]
[1]
Sections 61 to 74 of this chapter.
[12/7/1897, § 10]
The Borough Council shall and are hereby required to make provisions
each year for a sum equal to $25 for each fire hydrant in use for
said Borough, as provided in the Section 9 of this ordinance[1] by levying a tax sufficient for that purpose upon the
taxable property of said Borough.
[12/7/1897, § 11]
The Borough of Hughesville hereby agrees and binds itself to
enact any necessary ordinances to protect the said Hughesville Water
Company in the rights herein[1] granted to it and against willful and malicious injury
to said works or any of its property and against willful and unnecessary
waste of water insofar as it is reasonable and lawful so to do.
[1]
In Sections 61 to 74 of this chapter.
[12/7/1897, § 12]
It is further understood and agreed between the Borough of Hughesville
and the Hughesville Water Company, that at the end of four years from
November 1, 1897, the Borough of Hughesville shall have the option
to purchase the plant of the said Hughesville Water Company and all
the property rights and franchises, thereonto belonging at a fair
price to be agreed upon between the parties. In case of disagreement
as to price each party hereby agrees to select an arbitrator, each
of whom shall be a man skilled in the cost and value of such properties,
which two arbitrators shall agree on a third arbitrator of like qualifications.
Said arbitrators or a majority of them shall fix the purchase price
which shall be binding on both parties.
[12/7/1897, § 13]
In case of no sale to the Borough as provided in Section 12
of this ordinance,[1] then this contract is renewed with the said Water Company
for 10 more years under the same terms as provided for in this ordinance,[2] with the right of purchase at the end of said 10 years
as provided in this ordinance.[3]
[12/7/1897, § 15]
This ordinance[1] is to be considered a contract according to its terms
between the Hughesville Water Company and the Borough of Hughesville,
upon the written acceptance on the part of the said Hughesville Water
Company and the West Philadelphia Title and Trust Company Trustees
under the mortgage, etc., to the terms thereof within 30 days after
notice of the passage and approval of this ordinance is received by
the Hughesville Water Company and the West Philadelphia Title and
Trust Company.
[1]
Sections 61 to 74 of this chapter.
[2/28/1913, § 1]
An ordinance passed by the said Town Council on the 6th day
of December, A.D. 1897, entitled "An Ordinance to provide for a public
and private supply of water for the Borough of Hughesville, Lycoming
County, Pennsylvania, and granting to the Hughesville Water Company,
its successors and assigns, the right to construct, operate, maintain
and own water works in said Borough and providing for fire protection
and for purchase of said water works by the said Borough of Hughesville,[1] be and is hereby re-ordained and re-enacted in favor of
the Hughesville Home Water Company, the successors and assigns of
the Hughesville Water Company and granting unto it, the said Hughesville
Home Water Company, its successors and assigns, all the provisions,
rights and conditions and subjecting it to all the provisions, conditions
and undertaking of the said Hughesville Water Company, as contained
in the aforesaid ordinance, except as herein modified or changed.
Exception 1. The rates to be charged for water to the consumer
shall be those charged by the said Water Company at the present time,
a schedule of which is as follows, . . .[2]
Exception 2. The length of the term shall be five years from
the first day of November, A.D. 1911, and that upon the completion
of the term of five years if no notice has been given for six months
prior thereto by either the said Water Company or the Borough of Hughesville
to the other of a purpose to end the agreement or contract, it shall
continue for another term of five years and so on continuously with
a like right to give notice in any period of five years.
[2/28/1913, § 2]
[2/28/1913, § 3]
The said Water Company shall install additional fire hydrants
along its present pipe lines at its own expense, when ordered so to
do by the Borough authorities, provided that the Borough Council shall
pay to said Water Company the sum of $30 for each fire hydrant so
installed toward the cost of said installation. It being understood
that no additional charge will be made for rental for such hydrants,
additional fire hydrants ordered by the Borough authorities to be
placed at locations necessitating the building of new pipe lines shall
be paid for at an annual rate of $25 each for such fire hydrants,
providing that such new line be not over 400 feet in length. When
new pipe line extensions are built at and by the volition of the said
Water Company and fire hydrants are needed at street intersections
along same, such fire hydrants shall be installed by and at the expense
of the said Water Company and no charge shall be made, for hydrant
rental at same.
[2/28/1913, § 4]
This ordinance[1] together with the ordinance hereby re-ordained[2] as modified and changed by this ordinance shall constitute
the contract between the Borough of Hughesville and the Hughesville
Home Water Company by said acceptance by said Water Company of its
provisions 60 days from its passage and approval by the Burgess of
the Borough of Hughesville to which acceptance the seal of said Borough
shall be affixed.
