The Arizona sentinel., 1906-12-19

provided the nearest point or said block Is within the distance of 20 feet of any existing gas main.
 Sec. g. In case tho grantee hereln, his suc- cessors or assigns shall fail for more than thirty days in any calendar year after the completion of their plant as aforesaid, to op- crate the same and the whole thereof (stop- page caused by the act of God or the public enemy, strikes or riots, or by permission of the Common Council eXcepted) then this franchise shall forfeit and determine, and all right given to the grantee hereunder shall re- vert to the Town of Yuma.
 Sec. g. The grantee herein, his successors and assigns, shall, after excavating, restore so much Of the streets, avenues and alleys Of the said Town of Yuma as shall be used and occupied by them in laying, maintaining and operating or removing their gas mains, ser vice pipes and connections to as good condi- ton and repair as they were before the lay ing, main taining, repairing or removing Of said mans service pipes and ccnnecti -ns, and shall remove all rubbish Instructions placed or left by them in the streets. avenues and alleys Of Yuma in constructing and lay ing such mains, service pipes and connec- tions. In case of any claim or suit for dam-
  tained by reason of any excavation, manu- featuring of gas or the distribution thereof or wrongful act by the grantee, his successors or assigns, said Town of Yuma shall be protect ed and held harmless by the grantee. his sue eessors and assigns from all loss or damage accruing from such a reason to said town
 Sec. 10. This ordinance or franchise shall not be exclusive or prevent the Town of c;D to other party or parties upon such terms as it may see fit, or exercising similar rights on it's own behalf.
 Sec. II. The grantee herein shall deposit with the treasurer Of the Town of Yuma 0 bond in the sum Of one thousand dollars (SI ,GOOGO) with sureties to be approved by the Common Council ofsaid Town of Yuma, as security for the fulfillment in all respects by the grantee herein, his successors and as- signs. of the provisions of this franchise. And If the said grantee, his successors and assigns, sh all fail to construct the plant here- in provided, together with all mains, service pipes and connections within one year from the date of the granting of this franchise. or shall fail to fulfill any ofthe other eonditio n or covenants agreed to by the grantee to be done or perfected within one year from said date, then the said bond shall be forfeited and the Town of Yuma shall be entitled to collect the said sum of one thousand dollars (S1 ,0e009) as liquidated damages for the fail ure of the grantee herein to perform it's con- ditions and covenants as herein set forth, and this franchise shall be null and void and all rights granted hereunder shall revert to the Town of Yuma. But if said grantee, his successors or assigns, shall well and faithfully fulfill all the conditions and covenants here in agreed b5 them to be performed within one year from the date hereof, then and In such case, the Town of Yuma shall be en- titled to nothing under the terms of said bond.
 Sec. 12. Whenever the word "gran tee" is used in this ordinance, 1t shall be taken 10 mean Seth Hartley. his successors, exccutOr, administrators or assigns. And said grantee shall p6y all costs Of publishing this ordin- snce and of submitting the same to the Qual- flied electors of the Town Of Yuma.
 Sec. l3. This ordinance shall take effect and be in force from and after its approval by the qualified voters of the Town of Yuma, at an election called to be held on the 4th dayo January, A. n. 1907, and Its passage there after by the Common Council of the Town of Yuma.
 Passed by the Common Council of the Town nf Yuma this - day of November, A. D. l90-.