Bisbee daily review., 1902-05-21

chise have the right to reasonably reg. ulate and control the operation and e1. ercise or the powers and rights hereby granted, bylaws and regulations moi inconsistent with, or impairing any oS the rights, obligations, or privileges es of this franchise.
 | Sec. 2. If, at any time during the life or term of this franchise, the gran | tees, their heirs, executors, adminis- trators, successors and assigns, shall l fail to supply the city of Bisbee and it's | inhabitants with at least seventy-fiye l thousand gallons of such water as is hereinbefOre named, to-wit good, wholesome palatable water, suitable for drinking purposes, or so much of said minimum amount thereof as said city and its inhabitants may need during each and every day of twenty-four nours, while this franchise is in force, commencing such supply after the water plant, mains and connections are so far installed as to permit of supply ing such quantity of water under this franchise, and such failure shall con- tinue for a period of thirty days at any one time, then, and in that event, and after written demand to increase such supply to such minimum amount has been made upon the grantees here in; in, their heirs executors, adminis- trators, successors or assigns for a period of six additional months and said failure shall still continue, then, and in that event, the city of Bisbee hereby reserves the right to declare this franchise forfeited and upon such declaration the same shall be fully va cated, forfeited, and of no further force or effect, provided however, that such forfeiture shall not apply to apv of the property mains, pipes, conduits or connections of the grantees. their successors. heirs, executors. admins trators or assigns then owned or pos sessed by them. But the city of Bis bee shall not be obliged or required to forfeit, or elect to forfeit this fran chise at any given time during the life thereof for or on account of any failure upon the part of the grantees herein, their associates, heirs, execu- tors, administrators, successors or us- signs, in the matter of supplying the stipulated number of gallons per day, towit, 75,000 gallons, or in any other matter; but upon the contrary shaA at all times during the life of this franchise have the right to require the grantees herein, their heirs, execu- tors, administrators, successors or as- signs, to furnish continuously during the lifetime of this franchise, and un- til the same is terminated by lapse of time, or by forfeiture, in the event thereof, such less quantity of water as said grantees, their heirs, executors, administrators, successors or assigns, shall have and be able to furnish from time to time at price not exceeding at any time the said sum of one half cent per gallon. A failure to exercise the right of forfeiture by the city of bisbee at any given time shall not De or constitute a waiver of it's right to de- clare such forfeiture at any time, when by the terms hereof a forfeiture ma. be declared.
 Sec. s. If at any time the grantees herein, their heirs executors, ad- ministrators, successors or assigns, gence or want of due care or diligence to furnish the city of Bisbee and the inhabitants thereof with at least 5O,00O gallons of water per day, and such failure shall continue for ten days, then, and in that event the common council of the city of Bisbee shall have the right to forfeit this franchise.
 Sec. g. The said grantees, their sue cessors and assigns, shall not charge the city of Bisbee for such water as said city shall use for public purposes a price exceeding one dollar per each one thousand (1000) gallons so used.
 Sec. 10. This franchise shall De deemed to be accepted by the grantees, their successors and assigns, upon the commencement of the work of laying down the said mains, conduits and pipes aforesaid, within the limits of said city of Bisbee within the time mentioned.
 Sec. II. This ordinace is intended, and shall be taken and held as a con- tract between the said common coun- cil of the said city of Bisbee on the one part and the said F. L. Dwight, A. B. Cass and Bradiner w. Lee. their associates, successors and assigns on the other part.
 Passed and adopted by the mayor and common council on the ninth day of May, A. D. 1902.
 J. J. MUIRHEAD,
 AS Mayor.
 Attest: William D. Kinsey, City