Bisbee daily review., 1906-02-01

gallons. sse0 per mosth.
 Provided. however, ohat at the end of each yearly period frsm uhe adop- ton of this ordinance. said City shall have the following privileges and op- tions, to-wit; First, to rescind this agreement in toto. in which event the parties hereto shall be released from any further obligations as provided for in this section; second. to require that it be supplied with sHch water at the rate of fifty ceats per thousand gal lons upon meter measurement; third, to require that it be supplied with such water at the rates herein above set forth under the head of Daily Use," such options to be exercised by the City Council. or 0eher governing board of said City, in such manner as nay be confosmah1e to law; ppsvided, further. that in the event sf a soaroi- ty or shortage of water at the pres ent wells of grantee. near Haco. Ari- zona, or at such other sources of sup ply as it may hereafter acquire, aris- ing from droughts, dry season, the act of God, or unavoidable cause, by req son of which grantee shall be unable
 
 inability to supply said water occasion ed by any circumstances beyond the control Of grantee, or arising without its fault, in the exercise of ordinary prudence, then and in such events grantee shall so far be excused from performance hereof. Grantee shall and will during the whole term for which this contract shall exist, in con sideration of such payments, furnish water to the City of Bisbee, without further charge, for the use of tke City Hall, City Barn, City Fire House and City Jail, but nc unnecessary use or waste of water shall be permitted for aE-s of the c.rposes aforesaid.
 Sec. 6. The Bisbee-Naco Water 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 such consumers enter into a contract containing all necessary and reason able stipuIations 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 CT 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 m:tted for acceptance or rejection to the qualified voters of the municipal corporation, the City of Bisbee, in the Tanner required by law, and if the same be adopted by a majority Of such 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- ell, and in such event the terms. proyi- sions and covenants hereof shall be and constitute contract between said City, and said grantee, it's successors and assigns, provided, that this ordi- nance shall not be construed to vest 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 yio- lated or impaired, nothing herein con ta:ned 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 Risbee shall have the option and priv i!ege to purchase the entire water sys- tem of grantee, .ts successors and as ] signs, upon the following terms ana conditions, to-wit The City of Bis bee shall give at feast three months notice of it's intention to exercise this option, and upoa such notice being given. the City and grantee herein shall each appoist oae appraiser. , whose duties it shall be fairly and i'm partially to appraise the value of said system and its appurtenances, and to that end they shall he afforded all req sor able and proper facilities by grantee to make investigation for the 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 an urn pire, whose decision, in the absence of fraud, or manifest uHfairness, shall b1 final aad binding upon the parties. The City shall have ninety days from the 1 expiration of this franchise period
 and the publication of the report si such appraisers, or said umpire. in
 wkich to pay to said grantee, it's sue
 cessors or assigns, the purchase price of the said water system, so ascertain 1 ed.
 i Sec. 2. All ordinances aRd parts oi
 ordinances in conflict with the provis | ions hereof are hereby repealed. II This is to certify that the above and foregoing is a full, true and correct I copy of certain proposed ordinance