The Arizona sentinel., 1899-03-11
ORDINANCE NO. g.

Granting to Althee Modesti his heirs or assigns,
 the right of way in, over and under the suria of
 certain streets in the Villags of Yuma, Arizona,
 in which to construct and maint in sewer
 The mayo an com non counci. of the Vi..aZs of YumA do ordain follows:
 SEC. l. That there he and is her by granted to Athee ModeTti, his hers or assigns, in pcrpetui5y the right of way, in, upon, yer and under the surface of Main street. First street, Second street and Third street in the Village If Yuma, Arizona, for the purpose of constructing and maintaining a rriyate sewer and connections thereto. Condition all however, that sad sewer shall be constructed as not to interfere with any public sewer that the citizens of said village may hereafter constru:t.
 SEC g. That sad Village of Yuma shall have the right to purchase said sewer Of the srantee herein h is heirs assigns, at any time at4r the expiration of one year from the of tnis iran elise.
 SEC. 5. That in the event of said village desir- ing to purchase said sewer, as hsreinbefore pro Vided there shall be proper alprasment of the value of said and for the purpose of such ap D ai-ment the mayor and council shall appoint one appraiser the grantee herein, hIs Leirs assigns, one appra ser and tho two 50 selecte, if unable to agree, shall select third, who shall thereupon be sworn to erforn ther duties such appraisers, and without bias prejudice reach just con clusion and award as to the value of such sewer. Conditioed that in event shal he ST .ntee h ere in his heirs assigns be compelled at any time to accept a valuation set by said appraisers at less than the original cost of said sewer, together with interest thereon at not lsss than ten per cent per annum and all c ty taxes paid by grantee.
 SEC. 4. That said sewer shall be constructed of glazed, burnt clay pipe, commonly known as sewer pe aHd th?t the clear, inner diameter Of sad pipe shall not be less than six inches, and that no private or other connection, shall be ni ade with sad sewer with less than fourinch pipn such pipe to be of the me material as that from which the main sewer is constructed, or of like material and in the event of su-h cOnnecton being made, all ditches, trenches, excavations [ e le in, upon or under said streets shall be carefully relilled a. ths placed tn as good % ton they ~e.e before such connection made.
 SEC. D. That said grantee his heirs or assigns. shall commence the constructor of said sewer wish ninety days, and col plete the sam on or before lst da of January, 1900, i'll so far as is the intention cf graatee, bis heirs assigns, to cOnStrGCC said sewer.
 SEC. 6. That before said granree, h heirs or assigns, shall commence, ths construction or said sewer they shall cause to be Iled i the office Of the Village recorder d 1T sten acceptance of this iran cl1ise, aud thereupon all the rights and privileges hereby gran ed to said Althee MJdesti, hi eirs Ol assigns shall immediately vest ill them and so re main.
 SEC. '. Ti-st, in order that proper estimate a' to cest and vaua5ion ot said sewer may be reached in the event of said village purchasing the same, said grantee, lis heirs assigns, shall file with the village recorder copy of the plans and speeitics tons of sad sewer together with plat of the streets upon which said sewer s to be lad, showing there on the line and course of said sewer. Conditioned however that said plans, specifications and street plat need not be filed as provided until the construc ton of said sewer shall have been pletei, an that there shall accompany suea filing an affidavit stati.g the cost of the construction f such sewer
 SEC. 8. That said sewer shall at all times remain and be subject to roper inspection by the board et health of said village OtLer sanitary officers and shall be kept in such condition not to en- danger public health or safety.
 SEC. g. This ordinance to be and remain in full fierce and effect from and after it's passage, publi cation or posting provided by law.
 Passed this eth day of February, 1S9o. Approved this 2Oth day of February, 1899. H. sHANsSEY, Mayor. Attest. GEO. A. DUKE, Village Recorder.
 First publication Feb 70 1899.