Bisbee daily review., 1906-02-03

IAOfiuSus AoHSfcts tndt dL thS tuu of each yearly period from the adop- ton of this ordinance, said City shall hove the following privileges and op- tions, 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 1t 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 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 it's 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- 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 sdpulaGons intended to 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 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-  and service connections and attach meptS-
 Sec. '. This ordinance shall be sub m:ited for acceptance or rejection to the qualified voters of the municipal the City of Bisbee, in the manner required by law. and if the same be adopted by majority of sucn 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 ell, and in such event the terms. provi- sions and covenants hereof shall be and constitute contract between said City. and said grantee, its successors and assigns, provided, that this ordi- nance shaH 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 vie- ated or impaired, nothing herein con tajned shall be construed to abridgel Lbe right of the City of Bisbee to own, maintain and operate its own system i water supply as may be now or here sfter authorized by law.
 Sec s. At the expiration of said erm of twenty-five years, the City of oisbee shall have the option and priv .egs to purchase the entire water sys-I em of grantee. its successors and as 'igns. upon the following terms and to-wit The City of Bis ,ee shall give at least three months lorioe of its intention to exercise thist .ptioa, and upon such notice being sfven. the City and grantee herein | 'haH each appoint one appraiser rhose duties it shall be fairly and inn l 'artiaily to appraise the value of said ystem and it's aPpurtenances, and tot hat end they shall be afforded all real l orakle and proper facilities by \ rantee to make investigation for thel 'srpose of enabling them to ascertain{ he value thereof. If said appraisers,
 naH not agree upon the sum which,
 haii be paid. they shall select an um-t ire, whose decision. in the absence of l raud. or manifest unfairness. shall be mai and binding upon the parties Thei ity shall have ninety days from thet aspiration of this franchise period, | nd the publication of the report eff uch appraisers. or said umpire. in Shich to pay to said grantee, it's sue essors or assigns. the purchase pricei f the said water system, SC ascertain-i d.
 Sec. 3. All ordinances and parts of rdinances in conflict with the pTovis-t pms hereof are hereby repealed.
 This is te certify that the above and iS a fuI1 frua and r0rrocf