"WHEREAS
Under the charter of the city of Jackson, State of
Mississippi, as amended by the act of the legislature of the
State of Mississippi, entitled 'An act to authorize the
board of mayor and aldermen of the city of Jackson to sell
College Green, North Jackson, and issue bonds for the
erection of a public school building, and for other purposes,
' approved February 29, 1888, the city of Jackson desires
to have the benefits to be derived from a system of
waterworks, and desires to purchase a supply of water for
public purposes in said city, as hereinafter set forth, from
The Light, Heat & Water Company of Jackson, Miss. a
corporation duly chartered by the legislature of the State of
Mississippi, and said board of mayor and aldermen, being by
law fully authorized to enter into this contract for and on
behalf of said city, now this contract made and entered into
between the city of Jackson, State of Mississippi, and The
Light, Heat & Water Company of Jackson, Miss. witnesseth:
That said company, in consideration of ten dollars in hand
paid by said city, the receipt whereof is hereby
acknowledged, and the other payments and covenants
hereinafter set forth to be made and performed by said city,
hereby binds and obligates itself to said city as follows:
That said company will provide and lay down, through the
principal streets of said city, for eight linear miles,
beneath the surface of the earth, in a good and workmanlike
manner, water mains of proper size and dimensions to supply
all reasonable requirements of said city or its citizens for
water, within twelve months from the date of the execution of
this contract (suspension of the work by the act of God, the
public enemy, legal process or circumstances beyond the
control of said company excepted), and shall have and
maintain at all times (except when suspended for necessary
repairs or the above excepted causes), for the full period of
twenty years from the commencement of operations by its
works, a flow of pure, wholesome water, proper for drinking
and lavatory purposes, through said mains, and shall, at
eighty points on said mains, to be designated by the mayor of
said city within thirty days after notice, in writing, so to
do, and, if not designated within such time, then said
company shall designate such points, make proper openings and
insert in such mains double fire hydrants of approved
pattern, ten of which shall also have a steamer nozzle, said
nozzles to fit the hose now in use in the fire department of
said city.
"2.
The said water supply may be taken from streams, wells,
springs, impounding reservoirs or other available sources,
such water to be pure, wholesome in quality and suitable for
drinking, domestic and culinary purposes, and in quantity
sufficient to meet the needs of said city and its inhabitants
as far as the pipes herein mentioned and their extensions
when ordered shall reach and as the growth of said city may
render needful.
"3.
The said works shall be complete and perfect in all its
details. The machinery of said works shall consist of two
separate and distinct pumps, with suitable boilers and other
attachments capable of pumping two millions of gallons of
water in twenty-four hours against a pressure equivalent to
at least a pressure of one hundred and fifteen feet head at a
piston speed not greater than one hundred and twenty feet per
minute for domestic supply; also, to be able to work against
one hundred and twenty-five pounds per square inch pressure
when necessary for fire protection; the pumps shall be so
arranged that they may be worked singly or together, as
required, furnishing direct pressure; the pump house shall be
fireproof, of handsome architectural design, of ample size,
and conveniently arranged for the holding and operating of
the necessary pumps, boilers and machinery. All the machinery
shall be increased from time to time as the growth of the
city may render necessary. The mains shall be of iron pipe
ranging in size from twelve to four inches in diameter, all
to be of the best quality of iron, coated inside and out,
while hot, with waterproof varnish, and shall be tested at
the place of their manufacture, before leaving the shops, to
withstand a hydrostatic pressure of three hundred pounds to
the square inch, and shall be of ample size to carry out the
provisions of this agreement and to afford the city where
such pipes are laid first-class fire protection.
"4.
In the employment of laborers during the construction and
operation of the works, preference shall be given to the
residents of the city of Jackson, and in the use of skilled
labor, all other things being equal, the same preference
shall be given. During the progress of the work said company
shall not unnecessarily obstruct any street, and in laying
its pipes and conduits said company shall properly repair and
make good its pipes and conduits previously laid, that may
have been disturbed by it, and shall complete each part of
the work commenced therein as speedily as possible, and
restore the said streets to as good condition, as near as
practicable, as they were before said work commenced. In the
erection, construction and repair of said works in any
street, and in making all necessary excavations for repairs,
and in removing pavements and sidewalks for repairs, said
company shall suitably guard and protect the same, so as to
prevent injury to persons and to public and private property
by reason thereof; and the said company shall be liable for
all damages by failure to so guard persons and property from
injury by reason of the erection, construction or repair of
said works, or by removal of such sidewalks or pavements, or
by the making of such excavations and repairs as aforesaid,
when occasioned by the negligence of said company, its agents
or employees; and said company shall hold the city harmless
therefrom, and pay any sum or sums that may be recovered
against said city, by serving notice, in writing, on said
company of the pending of any such suit for such damages, and
giving said company an opportunity to defend.
"5.
Upon the completion of said works, they shall be tested as to
their power and capacity, when such works shall throw water,
with the aid of their pumping machinery, from any six
separate hydrants located in the business part of said city,
at one and the same time, one stream from each hydrant,
through one hundred feet of two and one-half inch hose, and a
one-inch nozzle, ninety feet high. That, at and from the date
of the completion of said test, if successful, the rental for
fire service herein stipulated for shall begin, and said city
agrees to furnish said company, upon said test, a certificate
in writing to that effect.
"6.
The said company shall place a sufficient number of gate
valves of approved manufacture, so as to permit shutting off
water from portions of the system without interfering with
the general supply. The said company may be required by the
city, at any time during the proper season of the year, to
make extensions of the pipe system of said works, with
hydrants placed thereon not less than three hundred nor more
than four hundred and fifty feet apart, by giving thirty
days' notice to said company, but, as a condition of
making such extensions, the said city agrees to pay rent for
public fire service upon such extensions at the rate of
forty-five dollars per annum for each hydrant during the term
of this contract, said rental to be paid quarterly, as other
rentals for public fire hydrants are payable. The said city
may, however, at any time, cause to be placed, under the
direction of the company, additional hydrants for public fire
purposes on the original eight miles of mains, upon the
payment of the actual cost of said additional hydrants and
the expense of laying the same, and shall be liable for no
rental for such additional hydrants so located on said
original mains.
"7.
The said company shall also construct and maintain in good
working order, an electric fire-alarm bell in the pump house,
which may be connected by said city with the city hall and
police stations, and with any fire alarm system which is or
may hereafter be in use in said city, and will also erect and
maintain in its pump house a telephone station, which shall
be connected with the telephone exchange of the said city,
and may use as a fire alarm.
"8. That said eighty fire hydrants, and such as may be
placed on the extension of original...
