Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-11-08

ana erect. PROVIDED, however, mat II
any injunction or other process of law
shall be instituted against the con-
structor or constructors, contractor or
contractors in the construction or
working of said sewer system, by rea-
son of which the work thereon shall be
delayed, then the time so consumed by
reason of any such litigation shall not
be counted OF considered and the time
for the completion Of the said five thou
sand feet shall be extended for a period
equal to that consumed by said litiga-
ton; provided, however, that the said
city council shall be fully satisfied that
the litigation is bona fide, and not col
lusive before such extension of time
shall operate.
Section 4. The said City of Santa Fe
shall have the right to purchase said
sewer system at any time after the eX-
piration Of five years from the compile
ton thereof, with all the rights, privi-
leges and franchises herein granted or
which may at the time be owned,
claimed, possessed or enjoyed by the
owners thereof, at a fair valuation,
which shall be determined by three dis
interested persons, non-residents of said
city, one to be selected by the city coun-
Gil of said city, one to be selected by the
owners of said franchise and property,
and one to be selected by the first two
selected, and the three persons thus
chosen shall act as commissioners to
assess and appraise the value of said
franchise, property and effects pertain
tenn and fix the value thereof, and the
amount so fixed as the value of such
franchise and property shall be the
price to be paid by said city for the
same.
Section 5. The city council of the City
of Santa Fe shall and will enact all
proper, needful and requisite ordinances
necessary for the proper protection of
said sewer system from any trespass,
fraud or imposition on the same, and
properly enforce the same by fine and
penalties against any person or persons
violating any such ordinance or or
dinances, and the owner or me
of such franchise and sewer sys-
tenn shall have and they are here
by given the power and are au-
thorized to make such tariff rates
for the connection with and use of said
sewer system as he or they shall deem
necessary, as we'll as to establish all
other reasonable rules and regulations
that may be required and necessary
for the management thereof, not in con
flict with or contrary to the existing
laws of the Territory of New Mexico.
Section 6. The construction, building,
| operating and maintaining of said sew-
err system for which this franchise is
granted shall be free from any cost, ex-
pense or charge to said city, and any
and all damages, claims or demands
arising or occurring in such construc-
ton and building or the maintaining
and repairing of the same after con
struction, shall be at the expense Of the
owner or owners of said franchise and
| sewer system.
Section Z. It shall be unlawful for
any person except such as are authoriz-
! ed by the owner or owners Of said sew
err system, or by the mayor or city
council of said city, with the approval
| Of the owner or owners of said sewer
| system, to in any way disturb, NEEDLE
| with or interfere with any main, pipe
or connection, or anything pertaining
to or connected with said sewer sys-
tenn. And any such person violating
any provisions of this ordinance, shall
upon conviction thereof, be punished by
a fine of not less than ten dollars no
Imprisonment in the county Jail or city
prison for a term not less than ten days
nor more than ninety days, or by both
such fine and imprisonment, in the dis
erection Of the court trying the cause.
Section s. Within thirty days after
the granting Of this franchise and the
approval Of the mayor Of the said City
Of Santa Fe, the said M. w. McGratt
shall file with the city clerk of the City
of Santa Fe his written acceptance Of
said grant and franchise, subject to al
the conditions and provisions therein
set out and mentioned, and failure tt
file such acceptance within said time
shall be deemed a revocation of sale
franchise.
J. H. SLOAN, Mayor
Attest:
cHAs. B. coNKLTN. city Clerk.