The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1904-11-30
ORDINANCE NO. Ala,

ORDINANCE NO. 4t8.
An ordinance authorizing and grant
ing to j. j. Chambers. his heirs. or as
signs the right privilege and franchise
to erect, construct, maintain and operate
within and without the city limits Of the
City OF North Yakima "A system of pipes,
works. buildings, and structures Tor tie
manufacture, sale and production, gen
Grafton and distribution of gas for light
ing, fuel and power purposes. and grant
ing to the said J. J. Chambers. his heirs
or assigns. the right to lay and maintain
mains in the streets. alleys and avenues
and public grounds of said city, AMI to
sell gas to said city and it's inhabitants
for a term of thirty 800 years. and pro-
viding for the lighting for the city build
ing of said city.
The city Council of the City of North
Yakima do ordaln as follows:
Section /. That from and aftar the
passage of this ordinance and until the
complete expiration of thirty 600 years,
there be and is hereby granted unto J.
j. Chambers. his heirs and assigns. the
right to construct maintain and operate
within and without the corporate limits
of the City of North Yakima "A gas plant,
gas works and buildings necessary there
for, and to maintain and operate a gas
plant for the manufacture, production.
generation and distribution of gas, and
to supply the said city and its inhab-
tants with gas for Illuminating. fuel and
power purposes and 10 charge consum-
ers thereof reasonable rates therefor.
Section 9 That for the purposes afore-
said j. j. Chambers. his heirs or as
signs are hereby granted the right, priv
iege and power to lay down. relay. con-
meet. dSconnect. repair and maintain all
mains and other pipes through and under
the streets, avenues, alleys, highways.
public grounds and thoroughfares of the
said city of North Yakima as may be
necessary, proper or convenient for dis
tributing and supplying Sas to consum
erS thereof and to make connections be-
tween such mains and pipes and the
dwellings, and other buildings of such
consumers where such gas is to be used;
provided, that all such pipes and mains
shall be laid in alleys wherever practi
cable, and shall be laid and constructed
maintained and repaired in "A workman
like manner so as not to interfere un-
necessarily with the use of said streets,
avenues. alleys. thoroughfares and pub
lie grounds of said city for the purpose
of travel and so as not to interfere with
any existing sewer or water pipes in said
streets, alleys, thorouSiiiares or public
grounds.
Section g. For the purpose of laying.
repairing. keeping. maintaining. connect
ing and disconnecting said mains and
pipes. there is hereby granted unto the
signs, the right and privilege of digging
bitches and of eXcavating in any and all
streets. alleys: avenues, public grounds
and thoroughfares in said city; provid-
ed they shall, without unnecessary delay
and under the terms of and within such
reasonable time as may be prescribed by
the Council restore the surface, of the
ground so dug up or excavated, to as
good condition as it was before said eX
aviation was made: provided. that the
said j. }; Chambers; his heirs or assigns;
by their negligence in such excavation
and shall save the City of North Yakima
harmless from any and all loss and liza
bility for and on account of the negli-
gence of the said J. j. Chambers. his
heirs or assigns, in making such eXcava-
tions, and save the City of North Yaki
ma harmless from any damage for which
the city may be liable for or on account
of OF, occasioned by such excavation;
provided, that the said j. ]. Chambers
his heirs or assigns. shall. before COM
mencing excavation upon any street. al
ley, avenue. public ground or thorough
fare of the said city, file good and suf-
ficient bond to be approved by the City
Council in the sum of five thousand dol
lars to indemnify the said city for all
loss and liability for or on account of
any, damage that might occur on account
of the excavation of any street alley. av-
enue, public ground or thoroughfare of
said city or of the negligence of the said
j. j. Chambers, his heirs or assigns, in
making such excavation during the con-
struction. of said gas plant. and to re
place said streets, alleys and public
specified; and that at any time after tho
completion of said plant the said ]. J.
Chambers. his heirs or assigns. may de-
or under any OF the streets, alleys, ave-
nues. public grounds or thoroughfares,
the city council may require them to file
bond. conditioned as above. during the
prosecuting of such extension, in such
sum as the city council may specify
Section A.. This ordinance and all the
rights granted hereby shall continue in
force for the period of thirty 800 years
from the date of its passage: provided.
that unless the said J. J: Chambers, his
heirs or assigns shall within thirty days
from the date of the approval of this
ordinance by. the mayor of the said city
or its becoming e; a law without such APP
acceptance of this ordinance this ordi-
nance shall thenceforth be null and void;
and. provided. that unless the said ]. ].
Chambers. his heirs or assigns shall at
the time of filing said acceptance of such
ecute and deliver to the City of North
Yakima good and sufficient bond in the
sum OF one thousand dollars. to be ap-
proved by. the council Of said city. con-
ditioned that they will faithfully perform
the provisions of this ordinance herein
after set out; and, provided further. that
the said j, j. Chambers, his heirs or as
signs, shall within seven months after
faith commence and continue without in
terruption. climatic conditions being fav-
orable, the construction of said gas
plant and gas works for the manufac-
ture, generation and distribution of gas
and provided that said gas plant and gas
works shall be constructed ana ready FOR
button of gas and supplying gas to the
said city and its inhabitants on or be-
fore the first day of June, 1906 and upon
heirs or assigns. to file their acceptance
of this ordinance within thirty (30) days
after its passage or upon their failure
to file the bond herein provided for and
commence the construction of said works
within said seven months after such ac-
ceptance. or upon their failure to have
the said gas plant, gas works and appur-
tenances constructed ana competed for
the manufacture. generation and dstri-
button of gas on or before June /. 1906
THIS ordinance and the rights granted
hereunder shall be null and void.
Section 5. The said J. J. Chambers
his heirs or assigns. shall after the COM
pletion of such gas plant and gas works
and the laying of gas mains and gas
pipes. as herein provided. so long as said
plant is operated. furnish to the City of
North Yakima, free of charge. sufficient
gas to properly illuminate the city hall
and the city building and the offices of
the city officers therein: provided that
the said city shall cause the said building
to be piped for the delivery and use of
said gas.
Section 6. Whenever the prosecution
l a. =