Bisbee daily review., 1906-02-09
any of the purposes aforesaid.

shall have power and authority tol 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 ssch consumers enter into a contract | containing all necessary and reason able stipulaticns 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 l ing against such abuse, or fraud, or | negligence, of consumers, or others, l 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- ciI, 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 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 its intention 70 exercise this l option, and upon such notice being given, the City and grantee herein shall each appoint one appraiser l whose duties it shall be fairly and i'm | partially to appraise the value of said i system and its appurtenances, and to l that end they shall be afforded all req 1 sorable 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 | 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 Sf such appraisers, or said umpire, in | which to pay to said grantee, its 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 provis- | ions hereof are hereby repealed. | This is to certify that the above and foregoing Is a full. true and correct copy of a certain proposed ordinance, | which by resolution of the Common Council of the City of Bisbee, held on January 26, 1906, was ordered filed in
 the records of said city, and the ques- tion of it's acceptance or rejection or | dered submitted to the qualified voters
 of said municipal corporation, the City of Risbee, at special election to be
 held therein on the 5th day of March, | 1906, in accordance with notice there
 of to be given in the manner required by law.
 c. ". HICKS, | City Clerk (Coporate Seal of the City of Bis bee.)
 Said special election will be con ducted in all respects as a regular city election. excepting only that the form
 of the ballots to be furnished electors
 shall be as follows:
 | Shall the water franchise to the Bis
 see-Naco Water Company. it's success sors and assigns approved by the May
 or and Common Council, Jan. 26, 1906,
 be granted?
 Yes.
 | Shall the water franchise to the Bis
 bee-Naco Water Company, it's success
 sors and assigns, approved by Jne
 Mayor and Common Council, Jan. 26
 1906, be granted?
 | No.
 | Dated and done aI the office of the I Mayor and Common Council, this 27th day of January, 1906.
 c. W. HICKS, City Clerk MINING APPLICATION NO. 57,
 United States Land Office. Phoenix, Arizona, January 26, 1906. Notice is