SEWERS FOR CORTLAND

Los Angeles Herald advertisement, 1889.

The Cortland Democrat, Friday, October 23, 1891.

SEWERAGE FOR CORTLAND.

Propositions From the Lewis-Mercer Company of New York to Furnish Cortland with a System of Sewerage.

   The following is a copy of the application and specification for the construction of sewers in Cortland, as made to the Board of Trustees Monday evening:

   An ordinance to provide for a system of Sanitary Sewerage for the village of Cortland, State of New York, and for its inhabitants contracting with the Lewis- Mercer Construction Co. their associates, successors and assigns for sanitary sewers for public and prive use and giving the village of Cortland an option to purchase said sewers.

   Be it ordered by the President and Board of Trustees of the village of Cortland in council convened:

   Section 1. That in consideration of the great public benefit to be derived from a system of sewers, and the great expense and risk which will be incurred by the guarantees of this franchise in the construction of said sewers the exclusive right from the date of the passage of this ordinance until the purchase of the said system by the village as hereinafter provided, is hereby granted to the Lewis-Mercer Construction Co., their associates, successors and assigns to construct, operate and maintain all the sanitary sewers that are now, or which may be hereinafter required during the life of this franchise in the said village of Cortland subject, however to the right of purchase by the village as hereinafter provided.

   And the said Lewis-Mercer Construction Co., their associates, successors and assigns, shall have the privilege in accordance with the terms of this ordinance, of using all the streets, alleys and public places with in the corporation limits of the said village of Cortland as they now exist or may hereafter exist by extension, for the purpose of laying pipes, conduit or brick sewers, man-holes, catch basins, etc., as may be necessary to provide an adequate system of sanitary sewerage to the village of Cortland and for making repairs, or extensions to such system during the period in which this ordinance may be in effect.

   Section 2. The said Lewis Mercer Construction Co., their associates, successors and assigns shall exercise due care and diligence in the use of the streets, alleys and other public places and shall cause no unnecessary obstruction to public travel or upon the same, or any injury or over unnecessary interference with any pipes either of gas or water which may now be lawfully located beneath the surf ace thereof; and the said Lewis-Mercer Construction Co. shall take every reasonable precaution against accidents and danger to persons or property in the exercise of the rights and privileges hereby granted, and shall cause all excavations and obstructions to be properly lighted and guarded at night and after the completion of the purposes for which the said streets, alleys and public places may be used they shall be restored to their former condition, as near as may be without unnecessary delay. The said Lewis-Mercer Construction Co., their associates, successors and assigns hereby agree to hold the said village of Cortland harmless from any liability which may result to it by reason of any violation of this section.

   Section 3. The general plan of the sewerage system shall be as follows:

   Sewers shall be of the best quality of salt-glazed terra cotta pipe, truly cylindrical, and laid upon a true gradient, with joints made tight by first-class cement mortar, or they shall be made of 1st-class hard-burned brick, laid in first-class cement mortar.

   Manholes shall be placed over the sewers, not over five hundred feet apart, and covered with approved cast iron covers strong enough to carry the greatest and heaviest traffic.

   Sewers to be laid at such a depth below the surface of the street as to give a fall of not less than three inches in ten feet from adjacent buildings.

   No sewerage pipes shall be less than six inches in diameter, and all sewers shall be large enough to provide for the easy flow of all sewage.

   Section 4. Before any work is done the President and the Board of Trustee shall determine the grade of the streets and notify the said Lewis-Mercer Construction Co., their associates, successors, or assigns officially of the grade fixed upon and the sewer system contemplated by this contract shall conform thereto, and any expense incurred in the removal of mains or laterals to conform to any subsequent change of grade shall be paid for wholly by the said village.

   Section 5. In further consideration of the great benefit to be derived from the said system of sewers and in lieu of payment of charges for sewer service for all municipal buildings, public schools and churches the said village of Cortland hereby agrees to furnish free of cost to the said Lewis-Mercer Construction Co., their associates, successors, and assigns the water necessary to thoroughly flush the said system of sewers when and as it may be required and in sufficient quantities to at all times secure the outflow of all sewage from the entire system and the village of Cortland further agrees, as final consideration of the above stated risk, expense and public benefits to exempt the said system of sewers and all property necessary to its operation from village assessment and taxation during the life of this contract and franchise.

   Section 6. It shall be proper and legal for the said Lewis-Mercer Construction Co., their associates, successors and assigns to charge for sewer service not to exceed the following named annual rates, which shall be payable quarterly in advance:—

Dwelling of 5 rooms or less $2.50 per qr.

     “         6                           $3.00 per qr.

     “         7                           $3.50 per qr.

     “         8                           $4.00 per qr.

     “         9                           $4.50 per qr.

     “        10                          $5.00 per qr.

   Each additional room above 10 rooms 75 cts. per room additional per quarter.

   Hotels with 20 bedrooms or less $7.50 per quarter.

   Each additional bedroom above 20, 25 cts. additional per quarter.

   Factories each water closet basin $2.50.

   Stores each water closet basin $2.50.

   Offices and other buildings do do [sic] $2.50.

   Not enumerated—Same basis as above.

   No connection shall be made to the sewer system without a permit from the Lewis-Mercer Construction Co., their associates, successors and assigns and all connections shall be made by them or under their supervision.

   Section 7. After the expiration of ten years after this ordinance takes effect, the Village of Cortland shall have the right and privilege to purchase the said system of sewerage, provided they shall notify the said Lewis-Mercer Construction Co., their associates, successors and assigns of their intention to do so at least three months before the expiration of the said ten years.

   The value or price of said system to be paid by the said village of Cortland shall be ascertained and determined as follows: The said Lewis-Mercer Construction Co., their associates, successors, and assigns, and the said President and Board of Trustees of said village of Cortland shall severally appoint one person, the two appointed shall choose a third, none of whom shall be a resident of Cortland county; the three persons thus chosen shall constitute a commission to determine the value of the said system of sewerage and the said commission shall include as valuation of said sewerage system the net earning capacity of said system. The said President and Board of Trustees of the said village of Cortland shall within sixty days after the said commission shall have rendered its award, pay the amount so awarded in cash or bonds of the said village, bearing the then legal rate of interest as may be agreed to the said Lewis-Mercer Construction Co., or associates, successors or assigns. A failure to pay the award or to give notice of the intention to purchase, as above provided, shall operate as a waiver of the right to purchase until the expiration of five years. At the expiration of each five years after the first ten years the village of Cortland shall have the right to purchase the then existing system of sewers at a price determined upon by arbitration as above provided.

   Section 8. The said Lewis-Mercer Construction Co., their associates, successors or assigns shall submit to the President and Board of Trustees a plan of sewerage with accompanying specifications, which, when approved and accepted by the said Board shall constitute the system hereby authorized.

   To this system extensions may be made either by the order of the President and Board of Trustees or at the option of the said Lewis-Mercer Construction Co., their associates, successors or assigns, provided, however, that the said Lewis-Mercer Construction Company, their associates, successors or assigns shall not be required to extend the system to a locality that is not at the time sufficiently built up to return a reasonable revenue. And the said Lewis-Mercer Construction Co., their associates, successors or assigns shall have reasonable time within which to make all extensions required by the Board of Trustees.

   Section 9. The President and Board of Trustees shall make and pass such ordinances with adequate penalties as may be necessary for the protection and proper use of the sewers or their necessary connections, catch basins, man-holes and other appurtenances, also such ordinances requiring the fulfillment of the obligations of this ordinance as will insure the prompt compliance of all parties concerned.

   Section 10. The said Lewis-Mercer Construction Co., their associates, successors or assignees may procure the organization of a sewer works or company or corporation under the laws of any State and may assign to it all the rights and privileges acquired by this ordinance, and the President and Board of Trustees of said village of Cortland, shall whenever necessary, pass and enact such further ordinances, and do and perform such other acts, including the repassage of this ordinance in favor of said corporation if necessary, as will vest in the said corporation all the rights and privileges herein granted.

   Section 11. The construction of the said sewer system shall be commenced within three months of the passage of this ordinance, and shall be completed within one year thereafter provided, however, that if the time as then specified be extended by floods, act of God, or the public enemy, or for legal proceedings for the maintenance or defense of their legal rights, or in the acquisition of property or rights of way or by reason of any other causes whatever beyond their control such time shall form no part of the time specified in this ordinance for the performance of any act required by the terms hereof to be done by them.

   Section 12. During the construction of the said sewers the village engineer shall from time to time inspect the work done and the material used and should any departure from the accepted plans and specifications occur he shall at once call the attention of the said Lewis-Mercer Co. or their legal representative to the fact, and the said Lewis-Mercer Construction Co. or their legal representative shall cause the work to be corrected in accordance with said plans and specifications.

   Upon the completion of the system the village engineer shall officially notify the President and Board of Trustees that the work done and material furnished is in conformity with the plans and specifications adopted and accepted by the said President and Trustees whereupon they shall pass an ordinance reciting the fact and accepting the said system, and all the rights, privileges and obligations of this ordinance shall henceforth be in full force and effect.
   Section 13. It is understood and agreed that the ordinances which are to be passed in connection with this franchise shall form a part of the within contract and shall remain in full effect and force during the life of this franchise, or until such time as the village shall acquire the sewer system by purchase as herein provided.