Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-11-27

Is acquisition Of the system Of wat
e works erected under the authority
I this Ordinance, and that it will not 1
n time hereafter otherwise engage in II
e construction or operation Of a syste
Z Of water works, and in consideration {
j the obligation Of the village in hi
} Section contained. the grantee does b
: its acceptance hereof. covenant an
agree that the village shall have tn
right and option at any time after tw
years from the passage and 3pproya
Of this Ordinance to purchase AM
acquire. in the manner hereinafter
provided, the said system Of watel
works. together with all property used
+ in connection Herewith ard all its rights
observation-disclosures at a price 10 be ascer
tanned in the following manner. to-witf
The village shall give notice in wri I
ing unto the grantee Of its election %
purchase ard acquire said property and
that il has appointed az appraiser % as
certain the amount to be paid therefor,
and within thirty days thereafter the
grantee ahall give notice. IN writing. To
the village that il has made an appoint
m9nt Of an appraiser for the purpose
aforesaid, and within thirty days next
ensuing. unless otherwise agreed be-
tween the grantee and the village, or
as soon thereafter as il shall be con-
venient for said appraisers 50 to do. they
shall select and appoint third appraiser.
and the three so chosen. or otherwise
appointed as herein provided. shall
after such hearings as the village and
grantee or either Of them have or has
desired. after such Investigations as 10
such apprai5es shall seem proper or
necessary, they or a majority Of them
shall ascertain and declare by an in
strument. 10 writing to be signed by
them or majority Of them, the
amount 70 be paid by the village for
the property and rights 80 to be ac-
luired, duplicate copies Of which shall
be delivered unto the village and the
grantee. and within ninety 1901 days
he reafter the village shall make pay
nent unto the grantee in cash Of the .
amount so aseertained and in case
I fails or refuses 60 make payment Of
he same within such time. then at the
election Of the grantee the right of
Iaid village toconsumate such purchase
inder such appraisement shall cease
md determine. provided that in no
.ase shall any such failure or refusal of
he village 10 eonsummate such election
& purchase, nor shall any such election
~ the grantee, operate TO affect the
light Of the village 10 acquire said pro-
'erty and rights underaa appraisemeat
hereafter to be made according to the
PROVISIONS hereof, and provided further
hat such failure or refusal of the vii
age and such election by the grantee,
When notice of the same has been
iven 10 the village. shall operate to
lace the village and grantee in the
anne siturtion as if no such apprase-
lent has been made. and all their
lights and duties hereunder shall CON
niue as If said village had never given
office Of its election to purchase said
roperty, provided further that said
illage shalat no time within periodof
NO years after such appraisement
ave the right Of purchase OF appraise-
rent for that purpose
None Of said appraisers SO TO be APP
ointed shall ia any case be citizen,
.sident or taxpayers of the village nor
iterested in any wise in the result of
Ich an appraisement. and each and
iery Of the same shall be an expert
Fdraulic engineer appointed in the
amer herein provided.
In case at any time the grantee
ould fall or refuse To make an APP
'iutment Of an appraiser, then the
dye Of any court of record Of the
unity in which the village is then
gated may, upon application Of the
Ilage. make such appointment
W hen so appointed such appraiser
all be vested with the same rights
d powers as if he had been appointed
the grantee.
In case of failure of said village to
said purchase. the expense
the appraisement shall be borne by
otherwise the expense of such APP
lisement shall be borne equally by
, grantee and the village.
Upon the contamination of any such
rchase by the village. then all rights
the grantee hereunder shall cease
4 determine. provided that the village
N be and remain liable to the gran
for all sums of money due unto il
nm the village.
section II. IN further consideration
the undertakings of the village con-
ned IN the last foregoing section.
grantee covenants and sgrees az all
res during the continuance hereof.
any extension or renewal of the