The Arizona sentinel., 1899-03-18
ORDEEANCE No. 72.

ranting to Althee Modesti bis heirs or assigns the right of way in over and under the surface Of certain streets in the Village Of Yuma, Arizona, in which to cons;r-ct and maintain a sewer. The mayo ani common counci of the Village of Yuma do ordain tollOws:
 SEC l. That there be and is her by granted to Althee liodci his he rs assigns, in perpetuity, the right of way, in, upon, over and under the surface of Main street, Iirst street. Second street and Third street in the Village of Yuma, Arizonc, for the purpose Of constructing and maintaining private sewer and connections thereto. Condition al, however, that said sewer shall be so constructed as not to interfere with any public sewer that the citizens of -aid village may hereafter construst.
 SEQ ? That said Village of Yuma shall have the right to purchase said sewer of the grantee herein is heirs or assigns, at any time after the expiration of one year from the date Of this fran chise.
 SEC 3. That in the event of said village dosir- ing to purchase said sewer, hereinbeore pro vided, there shall be proper a'praisment ot the value Of said sewer and for the purpose of such ap- prafsment the mayor and council shal appoint one appraiser the grantee herein, hs toirs or assigns, one apra ser and ts two, selected, if unable to agree shall select third, who shall thereupon be sworn to perform their duties as such appraisers, and without bias prejudice reach d just con clusion and award as to the value of such sewer. Coud.tioed that in event shall the gr ln5ee here in, his heirs or assigns. be compelled at any time to accept valuation set by said appraisers at less than the original cost or said sewor, together with interest thereon at not sss than ten per cent per annum and all c ty taxes paid D. grantee.
 SEC. 4. That said sewer shall be constructed oi glazed, burnt clay pipe, commonly known as sewer pipe and that the clear inner diameter of said pipe shall not be less than six inches, and that nc private. or other connection, shall be made with said sewer wi5h less than fouIinch pipe, such pipe to be of thC me material as that from which the main sewer is constructed, of like material, ana in the event of such connection being male al ditches. trenches, excavations n a5e in, upon ol under said streets sha'l be carefully relled a>d th' dirt tampcd therein. aud ah streets and sidewalk placed in a5 good co d.ton as they were befor' such connection was made.
 SEC. D That said grantee. his heirs or agsigns shall co11mence the construction of said sswe within ninety days, and complete the sam on O before the Ist day of January I0JO in far as it the intention of grantee, his heirs or assigns, t coustrtct said sewer
 SEc. g. That befa., -ail gran ec, hs heirs O assigns, shall commence the construction of sai sewer they sha cause to be flied in the office oi tn village recorder wr,tysn acceptance of this fran chise and th.roup5n ali he rights and privilege hereby gran ed to said Althee Aodost, his heirs assigns, shall immediately vest in them and 50 rC main
 SEC. 7 Tnat, in order that proper estimate to cost and valuation of said sewer may be reaehe in the event of said village purchasing the sam said grantee his heirs CT assigns, shall file with tn village recorder copy of the plans and speellc' tons of said sewer together with plat of the stroe upon whica said sewer is to be lad, showing there on the line and course of said sewer. Conditione' however, thas said lan5, spec ieations and stre plat need not be filed provi ted until the constru ton of said sewer shall have been com2letet, an that there shall accompany such filing an "ihdav stati&g the cost of the construction of such se"e
 SEC. s. That said sewer shall at all times remai and be subject to roper inspection by the boar of health of said village, ether sanitary officer and shall be kept in such condition as not to eI danger public health or safety.
 ?. SEC 9. This ordinance to be and remain in fu force and effect from and after it's passage, pub cation or posing as provided by law.
 Passed this 2Gth day 0; Febrlgry, 1899.
 Approved this -oth d1y of February, 1893.
 J. H SHAESSEY, Mayor. = Attest. GEO A. DUKE Village Recorder.
 First publication r, b. 9 i5a3.