Bisbee daily review., 1906-01-30

" 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 of 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 30 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. 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 stipulations intended to protect all water consumers and grantee here in. against abuse in the use of water; and grantee, or it's agents, are herepy 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, 0f 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 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 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 presentment of the same to said Coun- cil, and in such event the terms. proyi- sioRs and covenants hereof shall be and constitute a contract between said City, and said grantee, its 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 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 Eege 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 uo exercise this OPNlOu, Stnu upOu SuCA AotlCe bGlus 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 rea-' soDable and proper facilities by grantee to make investigation for the purpose of enabling them to ascertain the value therof. 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 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
 Sec. 9. All ordinances and parts of ordinances in conflict with the proYis- ions hereof are hereby repealed.