Bisbee daily review., 1906-02-10
.ny of the purposes aforesald.

Company. it's successors and assigns, shall have power and authority to make and enforce all reasonable regu- lations not in conflict with law, or the terms and provisions of this ordinance, governing the taking and use of water and to require as prerequisite to the furnishing of water to consumers. that ssch consumers enter into contract containing all necessary and reason able stipulaticns intended to protect all water consumers and grantee here in, against abuse in the use of water; and grantee, or it's agents, are hereby vested with authority to make entry upon premises where such entry may
 be necessary for the purpose of guard ing against such abuse. or fraud, or negligence, of consumers, or others. in the use or taking of water, and for the purpose of examining, laying. re- placing and removing pipes, meters and service connections aud attach ments.
 Sec. '. This ordinance shall be sub mitted for acceptance or rejection to the qualified voters of the municipal
 corporation, the City of Bisbee, in the | manner required by law, and if the same be adopted by a majority of sucn voters, said ordinance shall be deem ed accepted, when duly passed by the Common Council of said City as ordi- | nance thereof, by virtue of previous presentment of the same to said Coun- cil, and in such event the terms, provi- sions and covenants hereof shall be and constitute a contract between said City, and said grantee. it's successors I and assigns, provided, that this ordi- any exclusive right or authority in the grantee, it's successors and assigns, to
 the licenses and privileges hereby ! vested, and provided further, the rights of grantee herein not being vio-
 lated or impaired, nothing herein con- | tained shall be construed to abridge the right of the City of Bisbee to own,
 maintain and operate it's own system
 of water supply as may be now or here after authorized by law.
 Sec. s. At the expiration of said term of twenty-five years, the City of | Bisbee shall have the option and priv l ilege to purchase the entire water sys- | tenn of grantee, it's successors and as- | signs, upon the following terms and | conditions, to-wit The City of Bis | bee shall give at least three months notice of it's intention 10 exercise this option, and upon such notice being | given, the City and grantee herein | shall each appoint one appraiser
 whose duties it shall be fairly and i'm | partially to appraise the value of said | system and it's appurtenances, and to that end they shall be afforded all req l sopable and proper facilities by
 grantee to make investigation for the l purpose of enabling them to ascertain | the value thereof. If said appraisers shall not agree upon the sum which
 shall be paid, they shall select aD um- pire, whose decision, in the absence of fraud, or manifest unfairness, shall be
 final and binding upon the parties. The | City shall have ninety days from the | expiration of this franchise period. and the publication of the report of | such appraisers, or said umpire, in | which to pay to said grantee, it's sue | cessors or assigns, the purchase price
 of the said water system, so ascertain
 ed. Il Sec. 9. All ordinances and parts of ordinances in conflict with the provis-
 ions hereof are hereby repealed.
 This is to certify that the above and | foregoing is a full, true and correct
 copy of a certain proposed ordinance, | which by resolution of the Common | Council of the City of Bisbee, held on
 January 26, 1906, was ordered filed in l the records of said city, and the ques- | tion of it's acceptance or rejection or | dered submitted to the qualified voters
 of said municipal corporation, the City f of Bisbee, at special election to be ! held therein on the 5th day of March | 1906, in accordance with notice there of to be given in the manner required by law.
 c. W. HICKS, City Clerk. l Cooperate Seal of the City of Bis
 bee)
 Said special election will be con- ducted in all respects as a regular city election, excepting only that the form of the ballots to be furnished electors
 shall be as follows:
 Shall the water franchise to the Bis
 bee-Naco Water Company, it's succes,
 sors and assigns approved by the May. or and Common Council, Jan. 26, 1906
 be granted?
 | Yes.
 Shall the water franchise .o the Bis.
 bee-Naco Water Company, it's success
 sors and assigns, approved by the
 Mayor and Common Council, Jan. 26
 1906, be granted?
 No.
 | Dated and done at the office of the Il Mayor and Common Council, this 2Ith
 day of January, 1906.
 | c. W. HICKS, | City Clerk | MINING APPLICATION NO. 57, l lIInitad Gtata- Land Offica phnanix