The Arizona sentinel., 1899-02-25
ORDINANCE NO. 72.

Grantin, to Althee Modesti his heirs or assigns' the right of way in, over and under the surface or certain streets in the Village of Yuma, Arizona, in which to construct and maintain sewer The mayo. snd common council of the Village of Yuma do ordan as follows: sEc. l. That il1ere be and is hereby granted to Althee Mode7ti his hairs assigns, in peTpetuity, the right Of way, in, upon, and under the surface of Main street Fzst street, second street and Third stroat in the Village of Yuma, Arizona, Saz.1he purpose Of constructing and maintaining 45< sate sewer ana connections thereto. Conditon- M kswever that said sewer shall be constructed s tot to interfere with any pablic sewer that the <,lzens of said village may hereafter construct.
 SEC g. That said Village of Yuma shall nave the right to purchase said sewer of the grantee herein h is heirs assigns at any time after the expiration of one year fronA the date of this iran chise.
 SEC. B. That in She event of said village deair- ing to purchase said sewer, as hsreinbeioTe pro- yided, there shall be proper appTGisment or the value of said sewer aRd for the purpose or such ap- praisment the mayor and council shall appoint one appraiser the grantee herein, hls heirs or asslgns one appra ser and the two, selected Ii unable 10 agree shall selecS third, who shall thereupon Dc sworn to ,erforn their duties as such appraisers, and without bias prejudice reach just con- clason and award as to the value of such sewer Conditioed that iH event shall the gr ntee here- in his heirs or sssigns, be compelled at any time to accept valuation sot by said appraisers at less than the original cost of said sewer, together With interest thereon at no5 sss than ten per cent per annum and all c.ty taxes paid by grantee
 1 SEC. 4 That said sewer shall be constructed of 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 no private, or other connection, shall bS made with said sewer with less than four-inch pipe, such pipe to be of the me material that from which the main sewer is constructed, or of like material, and in the event of such connection being made, all dtches, trenches. excavations made in, upon or under said streets shall be carefully reflled and the dirt tamped therein. and all streets and sidewalks placed in as good condition as they were before | such connection was made.
 SEc D. That said grantee, his heirs or assigns shall commence the construction of said sewer within ninety days, and complete the sam on ol before the l,t day of January l9o0 in so far as it k the intention of grantee, his heirs or assigns, tC constrtct said sewer.
 SEc G. That before said grantee, h-s heirs ol assigns shall commence the construction of saiI sewer they shal to be filed in the office of th village recorder written acceptance Of this fran chise aud thereupsn ell the rights and privilege
 hereby granted to said Althee Modesti, his heirs o
 assigns, shall immediately vest in them and so re , main.
 SEc7 That, in order that proper estimate Q to cost and vamatiOn of said sewer may be reaches
 in the event of said village purchasing the same
 said grantee his hsirs or assigns shall file with tn village recorder co?y of the plans and speeiica
 tions of sewsr together with plat of the street
 upon which said sewer is to be lad, showing there
 on the line and course of said sewer. Conditioned - however, that said plans, specifications and stree
 plat need not be filed provided until the construc ton of said sewer shall have been completed, an' that thsre shall accompany such filing an affdavi
 statipg the cost of the construction of such sewe
 SEC. 8. That said sewer shall at all times renal C and be subject to proper inspection by the boar
 Of health of said village, ether sanitary officer
 and shall be kept in such a condition not to CT IL danger public health or safety.
 s SEC g. This ordinance to be and remain in flu
 fierce and effect from and after it's passage, publ = cation or posting provided by law.
 I, Passed this 2oth day of February, 1899.
 Approved this 20th day of February, 1899. Ia J.H. sHANssEY, Mayor - Attest. GEO. A. DUKE, City Recorder.
 First publication Feb. g 1899.