The Arizona sentinel., 1906-11-28
Ordinance No. -.


 An ordinance granting to SETH HARTLEY. his
 associates, successors and assigns. franchise
 to COTS t.uct and maintain gas plant and dis
 tributing system for supplying the Town of
 Yuma ard its inhabitants and residents with
 Illuminating and fuel gas.
 The Common Council of the Town of Yuma do
 hereby ordain as follows:
 Section ]. SETH HARTLEY, his successors and assiqns are hereby granted franchise for the use ard occupation of the streets, avenues and aliev5 oi til- Tow of Yuma for the purpose cf layire p2aeirv. n1 fai ing ard oa-ating gas mains. service pipes and their c,se-.ons for the service aud distribution of gas ia the Tcwn of Yuma, and to build construct. maintain and op- crate gas plant in the Town of Yuma for the purpose of making and manufacturing gas and its by-products for sale and distribution in the Town of Yuma and vicinity, together with the right, privilege and authority to make any and all neces- sary excavations through and upon such streets avenues and alleys necessary to the placing, lay ing. extending, repairing. maintaining and caring for such gas mains service pipes and connections within the Town of Yuma, provided, however, that the plant for the manufacturing of gas shall be located either without the town limits of said Town of Yuma On the southeast, within the said Town of Yuma some place east of Main street, at the election of the grantee herein.
 Sec g. This franchise shall exist for the term of twenty-five years from end after the granting | thereof.
 i See. 8. There shall be 6 uniform charge per l thousand feet Of gas, which charge shall not ex- ceed the following rates, viz: For the first year of gas service, S3.09 per thousand cubic feet of | 1T[+ g,-+ ord nntil fha consumption of gas from the said plant shall reach the amount of 700G0O cubic feet in any ronth s1 75 per thousand cubic feet Of gas; after said consumption reaches said amount Of 7O00o0 cubic feet n any month, $1.50 per thousand cubic l feet of gas. The amount of gas consumed shall be determined by the use of gas meters. some other proper and equitable method of measuring gas. No charge except as hereinafter provided shall be made for furnishing or for the use of meters, except that the gas consumer shall de posit with the grantee for said meter the whole sale price thereof. and upon his surrendering title | to said meter to the grantee herein. the grantee shall repay him said sum, provided, however, that the consumer may at his option rent meter from the grantee. No charge shall be made for tapping any main and extending service pipes to the property line, except actual cost not including cost of pipe.
 Sec f. At any time within twelve months | from and after the expiration of the term of twenty years from and after the completion of such gas plant, the Town of Yuma shall. at its option; have the right to purchase and take over and operate such gas plant, gas mains and service pipes. and everything appertaining thereto in- | cluding any real estate leaseholds. the prop erty of grantee, on which said plant may be. by l paying the grantee herein. his successors or as- signs the actual cash value of the construction of a duplicate plant similar in character to the gas plant, mains, service pipes, etc, erected and laid under this franchise. ii shall be at the time ot the exercise by the Town of Yuma of it's said op- | tio,l including the value of said franchise. Said | value shall be fixed by 6 Board of Arbitratcrs ! consisting of three members. one member to be i chosen by the Town Of Yuma, one member to be chosen by the grantee herein, his successors or assigns, and the third to be chosen by the other | two arbitrators. The decision of such Board shall Dc final ss to the value of such property, and 1t shall have the right to employ experts to assist it in making said valuation. In the event that the Town of Yuma does not purchase such plant, mains, service pipes, etc, as herein pro- vided, then the grantee herein, his successors or assigns, owning and operating such plant at the expiration Of this franchise, in the event that the said franchise shall not be renewed by the said Town of Yuma, shall have the right to enter upon all the streets, avenues and alleys of said Town and remove therefrom their pipes and all prop erty used in the construction and operation of said gas plant.
 Sec. 5. In case any part of said gas plant shall be placed on ground leased by the grantee, the i4- I-oll fIaf4 4lo hold interest demised, shall pass to the Town ot Yuma in case it shall purchase said gas plant anc franchise or in case said franchise shall forfeit tc said Town of Yuma
 Sec. 6. All mains, service pipes and theil connections shall be of first class material the excavations for said gas mains, Servict pipes and connections and the laying and placing thereof shall be under the supervi sion of the Town of Yuma. said town re serving the right to direct the manner iT which the mains and pipes, or any extension thereof, shall be laid, and no pipe shall b' laid or excavation made for extension eXcep in such manner as the town shall direct, anC such mains and pipes shall, where practical be laid in alleys. The town or any othe company holding franchise of any natur shall have the right to place pipes for thu carriage of gas, water or sewage, or Othe purpose, under, over or across the pipes of th' grantee herein, his successors or assigns, up on such conditions as the Town of Yuma may impose, without interference or hindranc herewith on the part of the grantee herein his successors or assigns provided that suci pipes shall be so laid as not to damage tn pipes of grantee.