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South
Central States |
Louisiana | New Orleans |
City
Council of New Orleans
An Ordinance to grant to Benjamin Henry Latrobe and his associates, the
exclusive privilege to supply the city of New-Orleans and its suburbs with
water, by means of one or more steam engines.
The City Council ordains
as follows:
Art. 1. Benjamin Henry Latrobe and his associates, his heirs or assigns,
shall enjoy the exclusive privilege of supply the city of New-Orleans and
its suburbs with the water of the Mississippi, by means of one or more
steam engines, and of pipes laid in the streets of the said city and
suburbs, and the said B. H. Latrobe and his associates, his heirs or
assigns, shall alone have a right to dispose of this water, by means of
other pipes and cocks adapted to the pipes above mentioned, and to
distribute it into the houses, lots or premises of those inhabitants of
the said city and suburbs who may require it of them, and who shall pay
them in return such an annual rent as may be stipulated between the two
parties.
Art. 2. The said B. H. Latrobe and his associates are bound to complete
the works which are the object of their undertaking, and to commence the
said supply of water at latest, by the first of May, eighteen hundred and
thirteen, except in case of unavoidable accidents properly verified; the
length of the privilege granted by the present ordinance shall be fifteen
years, to commence at the date just mentioned; and at the expiration of
the said fifteen years, it shall be at the option of the corporation
either to purchase the works and materials useful to the said enterprise,
or to continue the said privilege for a new term, which shall be of five
years; at the end of which time all the steam engines, buildings, pipes
and other objects belonging to the said undertaking, of whatever nature
they may be, shall become the property of the corporation of New-Orleans,
without the said corporation being in the last instance bound to make any
purchase or disbursements whatever, and it is well understood that the
said steam engines, buildings, pipes and other projects, shall be
delivered to the corporation by the said undertakers or their assigns, in
the best condition possible.
Art. 3. The said B. H. Latrobe and his associates shall be permitted to
dig trenches in that part of the streets of the city and suburbs that they
shall judge proper, for the purpose of placing their pipes of conduit; the
said trenches to be dug gradually, that is to say, only in four streets
perpendicular to the river, at a time, viz. Two in the north and two in
the south part of N. Orleans, the said trenches to be dug moreover under
the following conditions; 1st That the work at the trenches shall not be
stopped, except in the case of violent rains; 2d. That the said
undertakers shall prevent any danger to the public, by establishing
trenches of a sufficient height and strength at each end of the streets or
portions of streets in which the said trenches are dug, and by placing
there one or more lights during the night; 3d. That they did trenches in
the spaces occupied by the banquets only in the length of a square or
thereabouts at a time, and only at the moment when their pipes are ready
to be said; 4th. That the depth of said trenches shall be at least two
feet below the surface of the banquets; 5th. That as soon as the pipes are
laid, or necessary repairs completed, they shall restore the streets and
banquets to the state in which they were before the said trenches were
dug.
Art. 4. The said undertakers are bound, as soon as they have placed their
pipes to furnish the city, property so called, to introduce in the same
manner the water at least into that part of the suburb St. Mary,
comprehending between Broadway and Girod-street on one hand, and between
Levee-street and Camp-street on the other hand, and into that part of the
suburb Marigny between the Esplanade and the Marigny canal on the one
hand, and between Levee street and Cassa Calvo street on the other.
Art. 5. Whenever it shall become necessary to suspend the supply of water,
in any quarter or street, either to place new pipes or to repair the old
ones, the undertakers shall be obliged to give public notice at least
three days in advance in one or more newspapers, published in this city;
but no such notice shall be required whenever it shall be necessary to
repair without delay one or more pipes which may have burst or leak,
provided that in this case the said suspension of the supply shall not
last for more than forty eight hours at a time.
Art. 6. The said B. H. Latrobe and his associates are allowed to place
their steam engines and all the buildings necessary to the undertaking,
upon a space of one hundred and twenty five feet by one hundred and fifty
feet, being a part of that vacant ground which is now for the public use,
and is situate on the one hand between Bienville and Custom House streets,
and on the other between Levee street and the high road, so far as the
corporation is competent to grant such permission; but it is formally
declared that should the United States or other grantee claim this
property, and in consequence of this claim the undertakers be disturbed in
their works, the corporation does in no wise guarantee to them the
possession of this space of ground, nor promise in any way to make good
the losses that may be sustained by the said undertakers, in consequence
of the said disturbance or the dispossession which may be pronounced
against them, either by order of the general government, or of its agents,
or of any competent tribunal; but should the thing happen, the corporation
engages itself not to consider the time during which the interruption of
their works may last, as forming part of the term of their privilege; but
to grant to them ultimately a length of time equal to that lost by reason
of the said interruption; and if the said undertakers are not disturbed of
this ground during the term of their privilege, the said ground shall
continue to be considered as a part of the public domain, without the said
undertakers being takers, at any time, in consequence of said possession,
to claim the same property under the title of proprietors, to which they
hereby formally renounce.
The buildings of the said establishment can be built of not other than
incombustible materials, agreeably to the ordinance of the corporation to
that effect.
Art. 7. Should the said undertakers judge proper to apply to the general
government to ratify the permission mentioned in the preceding article,
and should they obtain this ratification, or even the concession of the
said space of ground, they formally engage by these presents, as well for
themselves as for their heirs & assigns, never to raise under any
pretext or title whatever, any pretensions to the property of the said
ground, and they engage at the expiration of the privilege granted to them
by the present ordinance, gratuitously to put the said space of ground at
the entire disposition of the corporation, without any kind of claim or
pretentions on their parts.
Art. 8. The said undertakers may construct a tunnel of brick, iron, or
such other materials as they may think proper, communicating from the
river to the steam engine, placed upon the space of ground just mentioned,
provided they restore the street and levee to the state in which they were
before the construction of the said tunnel, and it shall also be permitted
to them to protect that end of the tunnel which will be in the river, by a
pier projecting into the bed of the said river as far as the low water
mark; provided that the said pier be constructed in such a manner as to
serve as a wharf for the loading and unloading of vessels, and in no
instance can be an impediment thereto; and provided also, that the said
undertakers cannot exact or receive any wharfage under any pretence
whatever; nevertheless the corporation does not protect the said
undertakers from the effect of any measure that may be taken by the
general government or its agents, on account of the construction of the
said tunnel, of the said pier, or of any other works that the said
undertakers may execute upon the Mississippi.
Art. 9. The said B. H. Latrobe and his associates shall establish, at
their expense, in every other square, and at the place fixed by the
corporation, except in Levee-street, for which there is an article
hereafter, Hydrants, the keys of which shall be deposited with the mayor,
and which shall be used only in cases of fire, and to water the streets
and gutters; the said undertakers furnishing gratuitously as much water as
may be necessary for these purposes. But the only time which the
said Hydrants may be used for washing the gutters shall be from day break
till sun rise, and for sprinkling the streets one hour before sunset from
the 1st of May till the 1st of November in each year.
Art. 10. And the said undertakers shall also place at their own expense,
ten Hydrants in Levee street in front of the city and suburbs St. Mary and
Marigny, and in such other parts of the said streets as may be fixed on by
the Corporation; and the said Hydrants shall be used for the same purpose
as those mentioned in the proceeding article.
Art. 11. And the said undertakers shall be found to keep in order, and to
repair the said Hydrants when necessary.
Art. 12.The said undertakers shall furnish moreover gratuitously, the
quantity of water necessary for the wants of the Principal, Prisons, and
Hospitals, provided that the said public buildings are within the limits
of the city of New-Orleans or the suburbs St. Mary and Marigny, or in any
part of the environs of the said city where the said undertakers may
establish their pipes of conduit.
Art. 13.No person, who is supplied with water by the said undertakers,
shall have the right to supply his neighbours or any other persons, under
the penalty of paying for every offence of this nature a fine equal to
double the annual rent paid by the said person to the said undertakers; a
like penalty shall be incurred by the person who shall have received the
said water. and any person who shall be convicted of taking water
from the Hydrants at any other hours that those at which they are open for
the purposes above mentioned, or for any but public uses, shall pay a fine
of five dollars, as also any scavenger or other person, employed by the
Corporation to open the said Hydrants for watering the streets and washing
the gutters, who shall have connived in the theft; one half of fines
mentioned in this article, shall be for B. H. Latrobe and his associates
and the other half for the Charity Hospital.
Art. 14. Any person who shall designedly or maliciously injure or cause to
be injured in any manner whatever the said steam engines, pipes, cocks or
any thing belonging thereto, shall pay to the said undertakers a five of
from five to fifty dollars, one half for the undertakers and the other for
the Charity Hospital, exclusive of any damages which may be granted to the
said undertakers by any competent tribunal.
Art. 15.The said B. H. Latrobe and his associates shall be bound to make
good all damages which may be occasioned either to individuals or to the
public by the bursting of their principal pipes of conduit, or other
accidents arising from the negligence of the undertakers or the deficiency
of their works; and should the said B. H. Latrobe and his associates
neglect at any time to fill up the trenches they are authorised to dig to
lay their pipes, and to repair the streets roads, foot-way, or banquets in
which the said trenches have been dug, by restoring them as much as
possible to the state in which they were before the digging of the said
trenches, the said undertakers shall be liable to pay such damages as may
be pronounced against them by any competent tribunal.
Art. 16.Should the works which are the object of this Ordinance not be
finished, or the said supply of water not begun, by the first of May
eighteen hundred and thirteen at latest, unless in case of unforeseen
accidents properly verified, the said Ordinance shall be null and void.
Art. 17. Should the works of the said B. H. Latrobe and his associates be
finished in the time allowed, and should it be found and certified by
arbitrators properly chosen for the purpose, that the said establishment
is defective and that its object cannot be obtained by any of the means
employed by the said undertakers, the present Ordinance shall in this case
be null and void.
Art. 18. And the said B. H. Latrobe and his associates, his heirs or
assigns, after the works above mentioned are pronounced to be finished,
shall be bound to maintain and keep them in repair with great care,
particularly the pipes and steam engines; and whenever the said works
shall be in want of repair and the same undertakers shall no provide for
the same within eight days, as also whenever on account of inundation,
fire or other unforeseen and unavoidable accidents, it shall become
necessary to erect new buildings, should the said undertakers neglect to
do so, within the space of one year from the date on which this building
shall become necessary, then as also in the two cases above mentioned, the
said undertakers shall lose the privilege granted to them by the present
Ordinance, and the Corporation shall become by right, proprietor of the
said establishment and of the revenues produced by it.
Nevertheless, the undertakers shall have the liberty to alledge further
accidents, or the impossibility of repairing the damage, on account of its
importance, within the term fixed on above; and the Corporation may extend
the term granted for the completion of the preceding intentions, should
the Corporation judge it be just to do so.
Art. 19.The said Ordinance does not in any way affect any of the means
hitherto employed by individuals for supplying with water the city and
suburbs; the only intention of the said Ordinance being to secure to B. H.
Latrobe and his associates, their heirs or assigns, the exclusive
privilege for a certain number of years, of supplying water of the
Mississippi to the said city and its suburbs the sole means of one of more
steam engines of pipes laid in the streets.
Enacted in the sitting of the 27th April 1811.
(Signed) Charles Trudeau. Recorder
Approved, New Orleans, May 23d, 1811.
(Signed) James Mather, Mayor.
True Copy, Mce. Bourgeois, City Clerk.
English and French versions of the ordinance were printed in Le Courrier de la Louisiane on May 27, 1811.
© 2015 Morris A. Pierce