The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-03-26


Section IA. The said J.. N. Chipley
and Lee A. Reynolds, their heirs and
assigns, shall at all times during the
life of this ordinance, furnish and sup
ply to the City of Roswell water free
of charge for street sprinkling pur-
poses, the fire department houses,
free public library, the city hall, when
the same shall be erected, aud all 9th
er city buildings to be hereafter erect
ed.
Section Is. The said J. N. Chipley
Lee A. Reynolds. their heirs and as
signs, being charged with a public du-
ty, the said City shall pass such ordi-
nances as will prohibit all unlawful
interference with its operations, pol
luton of its water supply, trespass
upon its property and unauthorized
use of h%ydrants.
Section 16. The franchise and pri-
vileges hereby granted are granted
upon the express condition that the
City OF Roswell shall have the right
at the expiration of Ter CO. years
from and after the date of the approx
al and ratification of this ordinance,
or at the date of the expiration OF any
five (5) year period thereafter to pur-
chase the plant, right and property
of said J.. N. Chipley and Lee A: Rey.-
nolds, their heirs and assigns, upon
the valuation of the value of such
plant, power house, lands, water
rights, machinery, business and good
will of said water works system, at
the time of such purchase by said
City, which valuation shall be deter
mined by three CD d~isinterested, non
resident persons, appraising the same,
one to be selected by the said J. N.
Chipley and Lee A. Reynolds. their
heirs and assigns, and one by h City
of Roswell, and the third to be select
ed by the two thus chosen.
Section IT. This ordinance shall be
published as required by law, aud i'm
mediately after the expiration of the
legal period of publication, the Mayor
shall issue his proclamation for a
special election to be held not less
than thirty days, and within sixty
days, after the passage and approval
of said ordinance, at which said spec
ial election the question of the appro-
val OF non-approval of said franchise
shall be submitted to the legally quail
fed voters of the said City of Ros-
we'll, and if a majority of said voters
voting on the question at said special
election shall vote in favor of
Ill
be in full force and effect and
said franchise shall become op-
~erative from and after the date
of said approval; provided that
before said proclamation shall be is
sued said J. N. Chipley and Lee A.
the said City of Roswell their written
acceptance of the said franchise as
passed by this Council, and shall, with
in sixty (6O) days after h ratifica-
ton of this ordinance, by a vote of
the legally qualified voters of tie City
of Roswell, deposit with the City
Treasurer of said City a certified
check, payable to the City of Roswell,
in the sum of $3OOO.0 90, conditioned
upon the said J.. N. Chipley and Lee
A. Reynolds, their heirs and assigns,
commencing actual construction and
erection of said water system On or
before the 18th day of July, 1906, and
to prosecute said work thereafter I'M
til the sum of Fifteen Thousand Dol
lars O5000. 00) has bee actually ex-
pended in the construction and cree
ton of sal system, and when said
amount has been SO expended by the
said J. N. Chip1ey and Lee A.
Reynolds, their heirs or assigns,
then the deposit so made shall
be returned to the said ]. N.
| Chipley and Lee A. Reynolds; 9th
erwise. said sum shall be forfeit
ed to the City of Roswell and this or
dinance and contract herein provided
for shall be null and void. In the ev-
ent of the failure of said J. n. Chip
ley and e A. Reynolds. their heirs
| or assigns, to make the deposit OF
Three Thousand Dollars C%$3000.00) as
herein provided, within sixty 800
days after the approval of this ordi-
nance, by a vote of the people of said
| City, then the same shall be null and
void and the contract provided here
in shall be of no effect.
Section Is. The Mayor shall, by his
proclamation, give notice of said cleo
ton, and ballots in favor of the grant
ing of said franchise and making said
contract shall read:
a. &ox,o, ~ TS,o- a1s1o o,d nan
tract with J.. N. Chipley and Lee A.
Reynolds, their heirs and assigns
and ballots against the granting of