Bisbee daily review., 1902-05-22
ORDINANCE NO. is.

A. D. Cd5S anu bTduueT w. Lee, tuell
 Associates, heirs, executors, admins
 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 it's inhabitants with wat CT.
 WHEREAS, the Common Council ol
 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
 large expenditure necessary to carry
 out said provisions, and,
 WHEREAS. the said F. l.. Dwight, A.B.C Cass 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 l and its inhabitants with water upon the terms and conditions hereinafter provided, and,
 WHEREAS, it appears to be for the general welfare and good of said city
 and its inhabitants, that said proposi-
 tion be accepted.
 NOW, THEREFORE, in consjdera-
 tion of the premises, and in tho exer-
 cises of said powers conferred by its
 charter, and the general law, the said
 Common Council of Bisbee do ordain,
 as follows:
 Sec 1. F. L. Dwight, A B. Cass and
 Bradner W. Lee, their associates,
 heirs,N executors, administrators, suc- 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- l 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. 2. 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, their | lacSnrfotoG hairS cVnPpf0rC odpninic. tratcrs and assigns shall by means of said mains, pipes and conduits provide ] the inhabitants of said city with good wholesome, palatable water, and suit able for drinking purposes, at a reas- enable price, not exceeding one-haif cent per gallon, and must adopt proper means for measuring the same, provi- ded, however, that the minimum price
 to be charged by the said grantees for each service shall not be less than ! One Dollar and Fifty Gents, (s1.50) per month.
 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 ly by said grantees upon receipt of such price and shall be obliged to sell to each inhabitant whose premises are connected with said mains and supply pipes, water at uniform price per gallon, except in case of refusal, fail 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 oil 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 of 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 them 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. 4. 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 of years from the date of the passage of this ordinance.
 Sec. 5. As further consideration for the rights and privileges herein granted, the grantees, heirs, executors, administrators, their associates, sue cessors and assigns, agree to com mence the laying down of said water