Bisbee daily review., 1906-02-06


 have 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 sby any circumstances beyond the control of grantee, or arising without its 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 Nfrv Iaf1 hYVt Nr 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 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 naents.
 Sec. :. This ordinance shall be sub mitted for acceptance or rejection to the qualified voters of the municipal corporation, the City of Bisbee, in tke
 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- cil, and in such event the terms. proyi- 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, and provided further, the rights of grantee herein not being vio- lated or impaired, nothing herein con- tained shall be construed to abridge | maintain and operate its own system Of water supply as may be now or here after authorized by law.
 Sec. 8. At the expiration of said
 term of twenty-five years, the City of
 Bisbee shall have the option and priv ilege 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 it's intention to exercise this I option, and upon such notice being given, the City and grantee herein shall each appoint one appraiser
 whose duties it shall be fairly and i'm 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
 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, it's sue
 cessors or assigns, the purchase price
 of the said water system, so ascertain
 cd.
 Sec. g. All ordinances and parts of
 ordinances in conflict with the proyis- | ions hereof are hereby repealed.
 l This is to certify that the above and