Arizona citizen., 1879-04-18
TUCSON WATER FRANCHISE.
The Contract.

Arizona, by the Mayor and Council
 of the said City of Tucson of the first
 part and T. J. Jeffords of the same
 place, of the second part, witnesseth
 That the said parties of the first part, for and in behalf of the said City of Tucson, in consideration of the cove
 nants hereinafter mentioned, hereby
 covenant and agree as follows, that is
 to say:
 First. That the said party of the
 second part, his associates, successors and assigns, shall, for the full term of
 twenty-five years from the date hereof,
 have the exclusive right, power and
 privilege, of supplying the people of
 the said City of Tucson, with flowing
 artesian water, on the terms and con-
 ditiOns hereinafter mentioned, in quan-
 titles sufficient for all culinary and
 domestic purposes, and on terms not
 only economical and beneficial to the said City of Tucson, but remunerative to the said party of the second part,
 his associates, successors and assigns; and that the said parties of the first part shall, and will convey in fee sim pie, so much land Gall public squares excepted) not exceeding one block for the first well, and one lot for each sue ceeding well, or as much more as the parties of the first part may see fit Provided, the land on which any well l be sank, belongs to said Corporation to the party of the second part, his associates and assigns, as shall be requisite and necessary, to preservation, utilization and distribu- tion of the said flowing artesian water. And the said party of the second part in consideration of the foregoing GOV enant, hereby covenants and agrees as follows, that is to say:
 Second. That he will sink so many wells, at points the most eligi- ble, within the chartered limits of the said City of Tucson, as shall be found necessary and convenient, to supply the said City of Tucson with the water above described, for and during all the time or term above stat ed; the said work of boring or digging for the artesian water above described to be commenced within three calen- iar months from the date hereof, and to be continued in the case of each we'll until the water shall flow from the mouth of it above ground and it is further agreed that should the party l of the second part fail, after three years from the date hereof, to obtain flowing or artesian water, this agree nent shall be null and void. The h party of the second part, shall leave ( my well, as on trial shall fail to pro luce artesian water, in the condition 1 in which it was found, if required by 1 he party of the first part, without { further or other responsibility. The ( party of the second part further agrees { hat all the streets, alleys or public places, along or through which the { mains or distributing pipes for con- { lucting said artesian or flowing water f nay be laid, the dirt or other material { displaced, in laying such pipes, shall I pc replaced in all cases and fixed in as , rood order and condition as it may ( iave been before the pipes were laid, t md all reasonable dispatch shall be ( lsed in eXcavating and laying such I pipe so as not to cause any unnecessary to the streets, alleys or public grounds through which the
 anne may pass. ,
 Third. The said party of the second part, in consideration of the first of | he above covenants, hereby further o covenants and agrees, that the said ,arty of the first part shall have the fight, at its option, to purchase at the {; nd of the twenty-five years above d tated, when this contract is to cease, t II such artesian wells, reservoirs, t ubes in place, ditches, vehicles, pipes, \ nd all such other tools, implements h nd apparatus necessary to the pro l uration, use and distribution of the aid artesian or flowing water, as the \ arty of the second part shall then c ave or possess, at such value, howev- ( T, as the said property shall be ap- :, raised at, by the Supervisors of the V aid County of Pima, one year before h he expiration of the contract. a
 Fourth. And it is hereby further U greed that the said party of the sec c, nd part shall, in the execution and Il Ilfillment of this agreement, have n le right to associate himself with T. nch other persons, and to form such or joint stock companies, c, nder and in accordance with, the c ws of the Territory of Arizona, and d. le ordinances of the City of Tucson, .n o' ; may be necessary and requisite to di Ie fulfillment of the contract. of
 Fifth. And it is hereby further final -
 agreed, by the party of the first ", :" lrt, that, if the said party of the sec be id part, his associates, successors and m signs, shall diligently and faithfully Llfn -hia cnn4rnrt 4hnr, thn a.,iI ,,a,.