Bisbee daily review., 1906-02-04

!
 Provided. however, that at the end
 Of each yearly period from the adop ton of this ordinance. said City shall
 have the following privileges and op | tons, to-wit: First, to rescind this
 agreement in toto. in which event the parties hereto shall be released from ! any further obligations as provided fos
 in this section; second. to require that
 it be supplied with such water at the
 rate of fifty cents per thousand gal | Ions upon meter measurement; third | to require that it be supplied with such water al the rates herein above set forth under the head of Daily Use,' such options to be exercised by the City Council, or other governing 1 board of said City, in such manner as
 nay be conformable to law; provided,
 further. that in the event of a scarci- ty or shortage of water at the pres
 ent wells of grantee, near Naco, Ari. zona. or at such other sources of sup ply as it may hereafter acquire, aris-
 ing from droughts, dry season, the act oi God, or unavoidable cause, by req son of which grantee shall be unable to furnish the same, or in the event of 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 the City Hall, City Barn, City Fire House and City Jail, but no unnecessary use or waste Of water shall be permitted for any of the purposes 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- latlons not in conflict with law, or the terms and provisions of this ordinance. governing the taking and use of water and to require as a prerequisite to the furnishing Of water to consumers, that such consumers enter into a contract containing all necessary and reason able supulations 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 and attach ments.
 Sec '. This ordinance shall be sub n.tted for acceptance or rejection IoI the qualified voters of the municipal corporation, the City of Bisbee, in the manner required by law, and if the 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 yirtue of previous of the same to said Coun- ell, and in such event the terms, prpsl- | sions and covenants hereof shali be | and constitute contract between said | City, ard said grantee, its successors I and assigns, provided, that this ordi. l nance shall not be construed to vest | any exclusive right or authority in the | grantee, its 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- tai-'ed shall be construed to abridgeI the right of the City of Bisbee to own, maintain and operate its own system 1pr.1r t., | after authorized by law.
 See. s. At the expiration of said .ern of twenty-five years, the City of eisbee shall have the option and prfv-t sege to purchase the entire water sys- em Of grantee, its successors and as-I signs, upon the following terms and towit The City of Bis pee shall give al least three months ioIfce of it's intention to exercise this 'btion, and upon such notice being given, the City and grantee hereinI ihan each appoint one appraiser whose duties 1t shall be fairly and im- 'artialiy to appraise the value of said! 'ystem and it's apPurtenances, and toi hat end they shall be afforded al! req iorable and proper facilities bytf rantee to make investigation for the purpose of enabling them to ascertainl he value thereof. If said appraise-s, hall not agree upon the sum which hall be paid, they shall select an um-I lire, whose decision. in the absence of raad, or manifest Hnfairness. shall be lnal and binding upon the parties. Incl >ity shall have ninety days from thei aspiration of this franchise period. nd the publication of the report sfi uch appraisers, or said umpire. ini mich 10 pay to said grantee, its sue it essoTs or assigns. the purchase priceij ] f the said water system, so ascertain q.
 Sec. g. All ordinances ard parts off , rdinances in conflict with the 2rovis , pms hereof are hereby repealed.
 This is to certify that the above and ! Oregoing is a full, true aud correct opy of certain proposed ordinance. fhich by resolution of the Common le cf the City of Bisbee, held on [ anuaTy 26, 1906, was ordered filed in ]