Phœnix Water Co. v. Common Council

Citations

• 9 Ariz. 430
• 84 P. 1095
• 1906 Ariz. LEXIS 81

Syllabus

<p>1. Waters — Municipal Corporations — Grant op Franchise — Implied Contracts. — There cannot- be an implied contract in a grant of franchise by a municipality that it will do nothing to impair or destroy the value thereof, or that it will not enter into competition with the grantee. Such a restraint can be imposed only by express provision.</p> <p>2. Same — Operation of Waterworks — Judicial Beview. — The question whether the construction and operation by a city of a system of waterworks, determined upon in a lawful manner, would be an economical and wise enterprise is not a matter for judicial inquiry.</p> <p>3. Municipal Corporations — Issue of Bonds — Election—Collateral Attack. — An election to determine whether municipal bonds shall be issued having been held lawfully and the return thereof, lawful on its face, showing the proposition to have prevailed by the lawful majority, the return cannot be attacked collaterally for errors or fraud in the conduct of the election or in the registration preceding it.</p> <p>(Syllabus by the Court.)</p>