Bisbee daily review., 1906-02-07

sewers of the City, not, however, to- exceed twenty thousand gallons for any one day, and the City of Bisbee and agrees that If a sewer system be established in said City that 1t shall and will, during the term here of. purchase all water that may be used for flushing said sewers by the City from grantee, and shall pay there for monthly at the following rates:
 Daily Use.
 Not exceeding 10000 gallons, sle0 per month
 Over 10000 and not exceeding Is. poo gallons. $l50 per month.
 Over 15,0O0, not to exceed 10000 gallons, s200 per month.
 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 for 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 at the rates herein above set forth under the head of Daily Use" such options to be exercised by the City Council, or other governing 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 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 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, its 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 a prerequisite to the of water to consumers, that such consumers enter into a contract containing all necessary and reason able stipulaticns intended 10 protect all water consumers and grantee here in, against abuse in the use of water; and grantee, or its agents, are hereby vested with authority to make entry upcn 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 suo- 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- ell, and in such event the terms. provi- 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 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 i!ege to purchase the entire water sys- tenn of grantee, its successors and as- signs, upon the following terms and 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 il shall be fairly and im- partially to appraise the value of said system and its appurtenances, and to that end they shall be afforded all req sopable 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 um- pire, whose decision, in the absence of fraud, or manifest unfairness. shall be