Bisbee daily review., 1902-05-24
ORDINANCE NO. IS.

trators, successors and assigns, a fran chise to lay down water mains. distrib- uting and supply pipes in all, or any of the streets, alleys and public grounds of the city of Bisbee. for the purpose Of, and to supply the said city of Bisbee and its inhabitants with wat CT.
 WHEREAS, the Common Council of the city of Bisbee is authorized by gen. eral law to provide the city with water. to construct wells, cisterns and reser- voirs in the streets and other public and private places within the city, or beyond the limits thereof; and to sup ply the same with proper pumps and conducting pipes or ditches and,
 WHEREAS, said Council do not deem it expedient to undertake the largo expenditure necessary to carry out said provisions, and,
 WHEREAS. the said F. L. Dwight, A.BCass and Bradner W.Lee have pro posed to the said council, and are will ing to undertake that they, their heirs, executors, administrators. successors, and assigns will supply the said city and its inhabitants with water upon inc terms and conditions hereinafter provided, and,
 w ftEREAS, IL dppcdio lo oS ioi tho general welfare and good of said city and its inhabitants. that said proposi- tion be accepted.
 NOW. THEREFORE, in considera- tion of the premises, and in the exer- cises of said powers conferred by its charter. and the general law. the said Common Council of Bisbee do ordain, as follows:
 Sec l. F. L. Dwight, A. B. Cass and Bradner w Lee, their associates, heirs, executors, administrators, sue cessors and assigns, are hereby grant ed the right to lay down water mains, pipes, conduits, distributing and sup ply pipes in all. or any of the streets, alleys, and public grounds of the said city, as they may deem necessary or ex- pedient for the purpose of providing withwater the inhabitants thereof.They to cause no unnecessary interruption of the use of such streets, alleys, or grounds in laying the same; to lay them at such reasonable depth, or along, or over the same in such a manner as will not interfere with the use thereof, and to restore the same after laying such mains, pipes, conduits, distribu- ting and supply pipes to as good condi- tion as they were before, and shall at all times have the right to remove, repair or replace the same as they may deem eXpedient.
 Sec. ?. The consideration for grant ing the foregoing right, in addition to the other considerations hereinbefore mentioned Is that the said F. l. Dwight A B. Cass, and Bradner w. Lee. the,r associates, heirs, executors, admins trators and assigns shali by means of lr,it Ia k1be inhabitants of said city with good Wholesome, palatable water, and suit able for drinking purposes, at reas- Anable price. not exceeding one-haif \nt per gallon, and must adopt proper
 ans for measuring the same, proyi-
 however, that the minimum price
 ke charged by the said grantees for
 h service shall not be less than
 e Dollar and Fifty Gents, (s1.50) per bnth.
 Sec. 3. They, their associates, "executors, administrators. success sors and assigns, shall be obliged to connect with said mains or supply pipes, when laid, the premises abutting thereon of any in- nabitant making proper application therefor, and depositing and paying the estimated cost of said connection, such connections to be made exclusive Nhy said grantees upon receipt CT such price, and shall be obliged to sell to each inhabitant whose premises are connected with said mains and supply pipes, water at a uniform price per gallon, except in case of refusal, fall ure or neglect of any one to pay for said water so supplied under such rules as may be made by the grantees herein, then they shall have the right to shut of from such person for such period as they may deem proper; PROVIDED, HOWEVER, that in the event at any time the water sup py of said grantees shall from natur- al causes, or causes beyond the con trol uf said grantees diminish, or be- come such in quantity that the de mand for such water exceeds the sup ply owned by said grantees, then, and in such event, said grantees, their as sociates, successors and assigns shall not be liable for any breach of duty hereunder to furnish water to the in- habitants of said city. or such of then as they are so unable to supply, and may make such rules and regulations concerning the furnishing of water as they may deem expedient.
 Sec. I. The rights and privileges hereby granted shall insure to the said grantees, their associates, heirs exc cutors, administrators. successors and assigns, and exist for a period oi twenty-five years from the date of the passage of this ordinance. |.
 Sec. 5. As a further consideration for the rights and privileges herein granted, the grantees, beirs, executors administrato-e thelT associates, sue cessors and assigns, agree to com mence the laying down of said wate mains within the limits of said cit, within six months from the date 0 the passage of this ordinance, ans thereafter to reasonably continue thu work of laying down and constructing such water mains, conduits, and watel connections as shall be necessary IT the matter of supplying the inhahi tants of the said city with water in ac cordance win the letter and spirit ol this franchise, and to erect fire plugs or bydrants at such street intersect ions where said mains are laid in said city as said council may reasonably require from time to time for the use of its fire department
 Sec. 6. The city of Bisbee shall, al al times during the term of this fraa chise have the right to reasonably reg ulate and control the operation and ex ercise of the powers and rights hereby granted, bylaws and regulations no inconsistent with, or impairing any O. the rights, obligations, or privilege es of this franchise.
 Sec I If af any time during thf