Bisbee daily review., 1906-01-27

upon meter measurement; third, 10 re- quiTe that it be supplied with such wa
 ter at the rates hereinabOve set forth
 under the head of daily -use,' such op- tions to be exercised by the City Coun cil, or other governing board of said city, in such manner~as may be con formable to law: provided, further, that in the event of a scarcity or shortage of water at the present wells of grantee, near NacO. Arizona, or at such other sources of supply as it may here after acquire, arising from droughts, dry season, the act of God, or unayoid- able cause, by reason Of which grantee shall be unable to furnish the same, or in the event of inability to supply said water occasioned by any circum- stance beyond the control of grantee, or arising without its fault, in the eXer else 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 consideration 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. bur no un- necessary use or waste of water shall be permitted for any of the purposes aforesaid,
 Sec. [. This ordinance shall be Submitted for acceptance or rejection
 to the qualified voters of the muulcipai
 corporation, the City of Bisbee, in the hu if the same be adopted by a majority of such
 voters, said ordinance shall be deemed accepted. when duly passed by the Common Council of said City as ap ordinance thereof, by virtue of preVi- | ous presentment of the same to said |, Council, and in such event the terms, provisions and covenants hereof shall be and constitute contract between
 said city, and said grantee, it's sue
 cessors and assigns, provided, that | this ordinance shall not be construed
 to vest any exclusive right or authoTi- ! ty in the grantee, its successors and | assigns, to the licenses and privileges hsreby vested, and provided further, she rights of grantee herein not being . violated or Impaired, nothing hereln
 contained shall be construed to abridge the right of the City of Bishee to own, maintain and operate iTs own , system of water supply, as may be TOW or hereafter authorized by law.
 Sec. 8. At the expiration Of said
 term of twenty-five years, the City oi Bisbee shall have the option and priv ilege to purchase the entire water sys } tenn of grantee, its 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 tis option, and upon such notice beans given, the city and grantee herein shall
 each appoint one appraiser, whose ta ties It shall be fairly and impartiaiiy to appraise the value of said system and it's appurtenances. and 10 tba' end they shall be afforded all reason
 able and proper facilities by grantee to make investigation for the purpost of enabling them to ascertain the Val ue thereof If said appraisers shai
 not agree upon the sum which shai te paid, they shall select an umpire | whose decision. in the absence O | liffaud, or manifest unfairness, shall b
 final and binding upon the parties. Ihs City shall have ninety days from th'
 expiration of this frandhise period
 and the publication of the report 0
 such appraisers, or said umpire, II which to pay to said grantee. it's sue
 cessors or assigns, the purchase pric'
 of the said water system, So ascertain
 led"
 The ecurcil passed resolution eel
 ting the time for the election of In
 water frar chise at March ,. and ordel
 ing e rr~'sfrstion for this election. ( r-' rss appointed registration
 ofecr- rHe registration will tegil T Ja-rrrs The vote on this va
 unauisno0s