Bisbee daily review., 1911-08-19
FRANCHISE OF B. |.
 COMPANY REVOKED
Ccontinued rom page one)


 the purported rights of the lnterna- tional Gas & Light company under Ordinance No. 102 of this city, and that said Bisbee Improvement com pany has taken certain steps con sistent in part with some of the pro visions of said Ordinance as to rates, and it is considered by the Council that silence On the part of the city, may. if continued. be construed as acquieseenee by the city. and a rec cgnition of purported rights to oper- ate under said Ordinances ana whereas. it appears to the Council that never since the passage Of said Ordinance have any of the provisions of said Ordinance been complied with, and the said 0rdiaHce is subject to cancellation, forfeiture and Ieyoca, ton by the Common Council.
 Now, therefore, be it resolved that the city clerk be and is hereby authorized 10 notify the Bisbee Ini- provement company. by service upon II of a certified copy of this res1lu- tion that the council has now under consideration the matter of declaring and enforcing the recession. Tevoca- ton forfeiture and canch.lstion tf said Ordinance and all rights there under in the original grantee and its assigns to be acted upon definitely al a meeting of this council to be held in the near future. by reason Of tine for non-perfOrmance of the coudi- tions, terms and covenants thereof, and for other reasons and does not recognize nor acquiesce in any at- tempt to restore the purported rights thereof in the present holder there of.
 ''On the 18th inst said Bisbee Improvement company was notified that final action win be taken on Ordinance No. 102. on Thursday. August 17th. 1911, at 7.3O o'clock p. n.
 And comes now the Bisbea I'm provement company and without waiying it's objection to the form Of said resolution or to any of the acts or proceedings Of your honorable body, heretofore, taken and had, and without waiviRg its objection 10 the Jurisdiction and authority Of your honorable body to take any action or proceeding whatsO ever in relation to said Ordinance No. 102, or to take any action or proceeding affecting the rights or privileges granted by the said Ordinance to said Bisbee I'm provement company, assignee; said Bisbee Improvement company objects to and protests against final or any other action being taken by your hon. orable body on Thursday. August r. 1911, or at any other time or ct all affecting the rights and privileges arantea hv said nrdinaneA No 1n2 and for grounds of it's objection says.
 "CD That your honorable body has no jurisdiction or authority un der the laws 10 terminate. revoke, re- peal or rescind said Ordinance Nc l02, or any of the rights or privileges granted thereby, or in any manner tO forfeit or annul any Of said rights or privileges.
 "(2J That said Ordinance No. 102 by it's terms does not authorize or. warrant it's cancellation, revocation. repeal or forfeiture for or on account of any Of the matters or things men ticned in your resolution of July 21st. 1911, nor at all and does not reserve 10 your honorable body any right to act in the premises.
 (S) That by the terms of said Ordinance No. log, the only penalty provided for the breach of any of it's terms or conditions is upon the bond mentioned in Section 4 of said Or dinance
 "(4) Assuming that your resolu. l tion of July 21st., 1901, correctly re l cites the facts. which is not admitted, but specifically denied, any rights which may have been heretofore ] vested in your honorable body to for felt. annul or cancel the franchise. rights, or privileges granted by Or dinance No. I02. has long since been waived by the failure and refusal of your honorable body to promptly de- clare such forfeiture. annulment or cancellation.
 "(5) Assuming that your resolu- ton of July 2ist.. 1911, correctly re- . cites the facts. which is not admitted but specifically denied. the City of Bisbee and your honorable body are now estopped 10 declare such forfeit . uTe, annulment. or cancellation hay- ing delayed action in relation thereto | until franchise. rights and privileges 1 have been legally sold at public iudi- cial sale and after due advertisement for a valuable consideration to W J. ! Ainswerth who pErchaged the same without any notice or knowledge of the alleged defaults of the Interna tional Gas 6 Light company, or Of the Bisbee Light & Power company, specified in your said resolution and without any notice or knOwledge Of any intention on the part of your hon oFable body, or Of any one else to cancelS forfeit or annui, said fran chise. rights or privileges, and have been by said w. J. Ainsworfh sold and transferred for 8 valuable con siGeration to the Bisbee Improvement company, which purchase tbo same without any notice or knowledge of the matters or things aforesaid.
 "(6) That immediately upon ac- quiring said franchise, rights and privileges. the Bisbee Improvement company took immediate steps Go and did perform and comply with each and all of the terms, conditions and requirements of said Ordinance No