Bisbee daily review., 1906-02-02

of each yearly period from the adop-
 tion of this ordinance, said City shali
 h5ve the following privileges and op-
 tions, to-wft: 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 ocher governing board of said City, in such manner as nay be conformabie 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- l 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
 cd 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, its successors and assigns,
 shall have power and authority to l 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 | 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 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.
 placing and removing pipes. meters
 and service connections and attach
 nlents.
 i Sec. z. This ordinance shall be sub.
 mstted 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 a 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 Corn. cil, and in such event the terms. proyi- 1 sions and covenants hereof shall be and constitute 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, tand provided further. the rights of grantee herein not being vio-
 lated or impaired, nothing herein con tained shall be construed to abridge 1 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
 f Al, n
 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, 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 I notice Of its intention to exercise this 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 1 system and its appurtenances, and to | that end they shall be afforded all req | sop able 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 shan be paid. they shall select an um- I pire, whose decision. in the absence of l fraud. or manifest unfairness, shall be
 final and binding upon the parties. The I 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 l oessors or assigns. the purchase price
 of the said water system. so ascertain l ed.
 Sec. g. All ordinances ard parts of ] ordinances in conflict with the 7r0yis- I ions hereof are hereby repealed.
 This is to certify that the above and | foregoing ie a full, true and correct I c0r7x If farf al nrnpnecd una