Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-11-20

time hereafter otherwise engage IN thu
construction or operation of a system
of water works, and in consideration o.
the obligation of the village in thi
Section contained, the grantee does b,
its acceptance hereof, covenant anC
a5ree that the village shall have tn,
right and option at any time after tive
years from the passage and approval
of this Ordinances to purchase anC
acbuire, in the manner hereinafter
provided, the said system of water
workn, together with all property usec
in connection, at price to be ascer-
tanned in the following manner, to-wit
The village shall give notice in writ
ing unto the grantee of it's election to
purchase and acquire said property and
that it has appointed an appraiser to as
certain the amount to be paid therefor,
and within thirty days thereafter the
grantee ahall give tice, in writing, to
the village that it has made an ospoint-
ment of an appraiser for the purpose
aforesaid, and within thirty days next
ensuing, unless otherwise agreed be-
I tween the grantee and the village, or
as soon thereafter as it shall be con-
venient for said appraisers so to do, the
shall elect and appoint third apprairer,
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 to
such agpraises shall seem proper or
necessary, they or a majority of them
shall ascertain and declare by an in
strument, in writing, to be signed by
them or a majority of them, the
amount to be paid by the village for
the property and rights so to be ac-
quired, duplicate copies Of which shall
be delivered unto the village and the
grantee, and within ninety 900 days
the reafter the village shall make pay
ment unto the grantee in cash of the
amount so ascertained and in case
it fails or refuses to make payment of
the same within such time, then at the
election of the grantee the right of
said village to consumate such purchase
under such appraisement shall cease
and determine, provided that in no
case shall any such failure or refusal of
the village to consummate such election
of purchase, nor shall any such election
by the grantee, operate to affect the
right of the village to acquire said pro-
perty and rights under an appraisement
thereafter to be made according to the
provisions hereof, and provided further
that such failure or refusal of the viii
lage and such election by the grantee.
when notice of the same has been
given to the village, shall operate to
place the village and grantee in the
same siturtion as if no such appraise-
ment has been made, and all their |
rights and duties hereunder shall con-
tinue as if said village had never given |
notice of its election to purchase said |
provided further that said |
village at no time within a period of /
two years after such appraisement |
have the right of purchase or appraise-
ment for that purpose.
None of said appraisers so to be APP /
pointed shall in any case be citizen,
resident or taxpayers of the village nor
in any wise in the result of /
such an appraisement, and each and
every of the same shall be an expert
hydraulic engineer appointed in the
manner herein provided.
In case at any time the grantee
should fall or refuse to make an ap-
3ointment of an appraiser, then the
Judge of any court of record of the
county in which the village is then
coated may, upon application of the
'illage, make such appointment.
When so appointed such appraiser
hall be vested with the same rights
nd powers as if he had been appointed
" the grantee.
In case of failure of said village to
said purchase, the expense
f the appraisement shall be borne by
!, otherwise the expense of such ap-
raisement shall be borne equally by
ne grantee and the village.
Upon the consumation of and such
lrchase by the village, then all rights
{ the grantee hereunder shall cease
nd determine, provided that the village
lall be and remain liable to the gran
e for all sums of money due unto it
ON the village.
Section H. In further consideration
the undertakings of the village con-
ined in the last foregoing section,
e grantee covenants and agrees at all
mes during the continuance hereof,
d any extension or renewal of the
me, and except when prevented by
cidents or other causes beyond its
ntrol, to furnish and provide a sup
? of water which shall be suitable for
,,~,,. o,,l -, f o;-,,t -, ~,,,o,+,tx-