DANNEVIRKE GASWORKS.

Bush Advocate, Volume XVII, Issue 65, 18 March 1905, Page 2

DANNEVIRKE GASWORKS.

ppoposed Agreement between Mr Hendereojn'^ find the Council. .:f*;^7 ;^* ! ; This deed is made the '-.,* "•]■ ..:.-. day of one thousanu nine hundred and betwee% the )Corporation of the Mayor, Councillors, and burgesses of the Borough, of "Dannevirke (hereinafter called " the Corportrtion ") of the one part, and Horace William Gourlay Ilenderson, of Dannev^rke, in the provincial district of Hawke's Bay, gasworks proprietor (wto and whose executors, administrators, and permitted' assigns is hereinafter referred to as •arid included *in the term "the licensee ") of the other part. Whereas by deed dated the eleventh day of March, one thousand 'eight ..hundred) and. ninety-seven, made between tlie Corporation of the one part, and, John Watt, of-, Balclutha, Otago, engineer, of the other part, the Corporation gave and granted to the said John Watt the right and power of manufacturing and producing gas for lighting tlie Borough, of Dannevirke and for such otlier purposes as gas may be applied, on the teyms and conditions ' therein appearing. And whereas by clause number one of the said terms and conditions it was declared that such, right should be for a term. or period of fifteen years, commencing from the eleventh, day of March, one thousand eight hundred and ninety-seven. And whereas by clause number ainc of the said deed the Corporation was given the fight and option .of purchasing the said _ gasworks and. plant connected therewith at the end of the said term of fifteen years, on giving to the said John Watt, his executors, administrators, or assigns, at least one year's previous notice in writing of its intention so to do, and it was declared that the price to be paid for such works and plant should be fixed bjKarbitration in the usual way by two arbitrators, and that on such sale no compensation or consideration sheuld be asked or demanded for goodwill in such, gasworks. And whereas the said John Watt, on the fourteenth day of April, one thonsand eight hundred and ninety-eight, by deed did assign, transfer, and set over unto the licensee, by and with the consent and approval of the Corporation, all and singular the rights, privileges, and : powers given ana granted to him, the said John Watt, by the hereinbefore mentioned deed of the eleventh day of , March, one thousand eight hundred and ninety-seven, and all the estate, right, title, and interest of him, the said. John Watt, in the said grant to hold the said premises unto the said licensee, his executors, administrators, and assigns, subject to the covenants, conditions, and restrictions therein contained, expressed, or implied by and on the part •f the said John Watt. And whereas the licensee has for a number of years carried on his said gasworks and. has laid down mains and pipes in the streets of Dannevirke, and has supplied gas to the residents of the Borough of Dannevirke. And whereas the licensee now considers that the said agreement is unsatisfactory, in that under its terms and conditions he is not justified in expending moneys in the extension of mains and gasworks as the requirements of the Borough of Dannevirke demand, and he has applied to the Corporation to enter into a new- agreement with him on the terms set out in a letter from the licensee to the Mayor and Councillors of the Borough of Dannevirke, dated the third day of February, one thousand nine hundred and five, and the Corporation has agreed to do so. Now, this deed witnesseth that in consideration pf the premises and in pursuance of the said agreement the Corporation and the licensee doth hereby mutually covenant and agree with one another as follows : — \. That the licensee may construct and maintain works for the production and supplying of gas, and also for the manufacture and supply of other products incidental to the manufacture of gas or to which gas is applicable. 2. The licensee, under such superintendence as is hereinafter specified, may open and break up the soil pavement and flooring of the several streets and bridges within the Borougli of Dannevirke, and may also open and break up any sewers, drains, or tunnels within or under any such streets or bridges and lay down or place within the said Borough mains, pipes, conduits, servicepipes, and other works, and from time to time repair, alter, or replace the same or any mains, pipes, conduits, service-pipes, and other works hereto- w fore laid down by him or by his predecessor in title, and also may make any sewers . that may be necessary for carrying off the washings and waste liquids which may arise in the making of the gas, and for the pxirposes aforesaid may remove and use all earth and material in and under such streets and bridges, aud may in such streets erect any pillars, lamps, and other works, and do all other acts which the licensee shall from time to time deem necessary for supplying gas within the Borough of Dannevirke or to the boundaries thereof, doing as little damage and interrupting traffic as 1 ttle as may be in the execution of the powers hereby granted, and making compensation for any damage which may be done in the execution oil such powers. 3. Before the licensee proceeds to open or break up any street, bridge, sewer, drain, or tunnel, the licensee shall give to the overseer or engineer, or other the person under whose control aad management the portion so to be opened or broken up may be, and also to the Town Clerk, notice in writing of his intention to open or break up the same, aud specifying the work intended to be done and the time and place for doiug the same, not less than forty-eight hours before such works shall be begun, except in cases of emergency. 4. No street sewer, bridge, drain, or tunnel shall, except in cases of emergency, be broken*up except under the supervision and control of the person from time to time appointed by the Corporation to hare control or management of the streets on its behalf, who may require the licensee to make such

efcdpftrary or other works as he shall think" necessary for guarding against aiiy. interruption of traffic or drainage during the execution of any works ap- 1 proved by hinji Provided always that j if the, person having the control or man-' agement of the streets on behalf of the Corporation fail to attend at the time and place mentioned in such notice for the opening or breaking up of any such street, bridge, sewdr, drain, or tunnel, or shall not give notice of any objection to the plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the licensee may perform the work specified in such notice 'without the superintendence of such person. , - ■ >.- . 5. When the Licensee opens or breaks up the road or pavement of any street, bridge, sewer, drain or tunnel, the Licensee shall with all convenient speed complete the work for which the same shrill be broken pp. anil fill in the ground and reinstate and make good the road or pavement, or the bridge, sewer, drain, or tunnel bo bpenedor broken up, and carry away the rubbish occasioned thereby : and shall at all times whilst any road or pavement shall be opened or broken up, cause the same to be fenced i» and guarded, and shall cause a light sufficient for the warning of passers-by to be set up and maintained against or near such road or pavement where the same shall be broken up every night during which the same shall continue open or broken up, from daylight to daylight, and shall keep the road or pavement which has been so opened or broken up, in good repair for three months after replacing and making good the same, and for such further time, if any, not being more than twelve months in the whole, as the soil 60 opened or broken up shall continue to subside. 6. If the Licensee open or break up any street, bridge, or any sewer, drain, or tunnel without giving such notice as aforesaid, or in a manner different from that which shall have been approved of or determined as aforesaid or without making such temporal or other works as aforesaid when required, except iv the cases in which the Licensee is hereby authorised to perform such works without any superintendence or notice, .or if the Licensee makes any delay in completing any such work, or in filling in the ground or making .good the road or pavement or the sewer, drain or tunnel so opened or broken up, or if he neglects to cause the place where such road or pavement has been broken up to be fenced, guarded and lighted, or neglects to keep the road or pavement in ,repair for the space of three months after the same is made good, or such further time as aforesaid, he shall forfeit to the Corporation for each and every day during which such delay or omission is made the sum of five pounds per day by way of liquidated and asecrtained'damages for breach of this agreement, and such damages shall be recoverable by the Corporation from the Licensee in any court of competent jurisdiction. 7. If any such delay or omission as aforesaid take* place the Corporation may cause ihe work so delayed or omitted to be executed," and the expense of executing the same shall be repaid to the Corporation by the Licensee immediately on demand, and failing payment, may be recoverable in any court of competent jurisdiction. 8. The Corporation, if it be deemed necessary by the overseer, engineer or other person having the charge and management of its streets, to raise, sink, or otherwise alter the situation and position of any gas pipes, mains or other works laid in any of its streets, may from time to time by notice in writing require the Licensee to cause forthwith or as soon as conveniently may be, any such pipes to be raised, sunk, or otherwise altered in position in such manner as such, person as aforesaid may direct, provided that such alteration be not such as to permanently injure such works, or to prevent the gas from flowing as freely and conveniently as before, and the expenses attending such raising, sinking or altering shall be borne and paid by the Corporation. 9. If the Licensee do not proceed forthwith, or as soon as conveniently may be after receipt of such notice to cause the same to be raised, sunk or altered in such manner as the person aforesaid may require, the Corporation may itself cause such pipes or works to be raised, sunk, or altered as such person aforesaid shall think fit, provided that such works be not permanently injured thereby, or the gas prevented from flowing as freely and conveniently as before. 10. Nothing in these presents shall prevent the Licensee from being liable to an indictment for nuisance, or to any action for nuisance, or prosecution for breach of any by-law, and the Licensee shall at all times save, harmless, and keep indemnified the Corporation from and against all actions, suits, claims and demands arising out of anything done, or omitted to be done by the Licensee, ©r which may happen in connection with the said gasworks or in any way relating thereto. 11. The Licensee shall not assign, sublet, or part with the rights hereby granted without the consent in writing of the Corporation, but such, consent shall not be arbitrarily or unreasonably withheld without good cause shown touching the responsibility and suitability of the proposed assignee or sublessee. 12. That the Corporation shall be entitled to purchase the said gasworks and all plant, mains, pipes, works and fittings connected therewith at any time after the expiration of ten years from the date of these presents at valuation to be arrived at by the arbitration of two valuers or their umpire in manner provided by "The Arbitration Act, 1890 "upon the Corporation giving to the Licensee one year's previous notice in writing of its desire so to do. Provided always that if the Corporation shall give such notice of its tlcsivc to purchase at any time before the expiration of twenty years from the date of these presents, the aforesaid gasworks and all plant, mains, pipes, works, and fittings connected therewith then, and iv such case the Corporation shall pay the licensee for the

goodwill of his business, and the same shall be valued by the valuers when , ascertaining the price to be paid for the gasworks and plant. The licensee covenants and agrees to manufacture And supply gaa (of not less , than twenty candle power) of good ; quality to all persons within the Borough of Dannevirke who reside in such streets as the mains are laid, and who may require tbe same (at a price that shall not exceed thirteen shillings and sixpence per one thousand cubic feet), and to supply any number of lights as may be required. Provided always that nothing herein contained or implied shall be deemed to prevent or preclude the Corporation from establishing or working, or permitting to be established or worked within the said borough any other gasworks or any electric light. Provided lastly that on the breach or non-performance by the licensee of any of the covenants or conditions herein contained or implied an3^ on his part to be bbserved tor performed, and on such breach continuing for the space of one calendar month after notice of such breach being given to i the licensee, the. rights, powers, and privileges hereby granted shall thereupon cease and determine and these presents shall become void l. And it is further declared that the said deed of the eleventh day of March, one thousand jeight hundred and ninety-seven, shall as from the date hereof be void and of no further effect, and that these presents shall be substituted therefor. In witness wbereot the parties hereto have executed these presents the day and year first before written. [Note -^-MV Henderson * objects to that part of clause 12 which defines the • candle power and the price of the gas to be supplied.]