Bisbee daily review., 1906-02-14
!ny of the purposes aforesaId.


 shall have power and authority toI 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 m!tted 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 l same be adopted by 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 l presentment of the same to said Coun- cil, and in such event the terms, proyi- sions and covenants hereof shall be and constitute a contract betw cen 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. theI rights of grantee herein not being vio- lated or impaired, nothing herein con 1 tained shall be construed to abrldge 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 optien and priv 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 to 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 sorable and proper facilities byl grantee to make investigation for the purpose of enabling them to ascertain l the value thereof. If said appraisers shall not agree upon the sum which shall be paid, they shall select an um- pire, whose decision, in the absence of fraud, or manifest unfairneSs, shall be i final and binding upon the parties. The | City shall have ninety days from the expiration of this franchise period. l and the publication of the report sf 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 Sec. g. All ordinances and parts of ordinances in conflict with the provis- ions hereof are hereby repealed.
 This is to certify that the above and 1, foregoing is a full, true and correct | copy of certain proposed ordinance, which by resolution of the Common | Council of the City of Bisbee, held on l January 26, 1906, was ordered filed in the records of said city, and the ques- ton of it's acceptance or rejection or dered submitted to the qualified voters | of said municipal corporation, the City | 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 |
 c. W. HICKS,
 City Clerk. |
 Corporate 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 success sors and assigns approved by the May or and Common Council, Jan. 26, 1906 1 be granted? Yes. Shall the water franchise to the Bis beeNaco Water Company, it's success sors and assigns, approved by Jpe Mayor and Common Council, Jan. PC l 1906, be granted?
 No.
 Dated and done at the office of the | Mayor and Common Council, this 2Ith day of January, 1906.
 c. w. HICKS,
 City Clerk l MINING APPLICATION NO. 57, United States Land Office, Phoenix, | A riacnn 1nne N-nAin, iei |