The Arizona sentinel., 1906-12-05
Ordinance No. -.


 Ordinance No. -.
 An ordinance granting to SETH HARTLEY, his
 associates, successors and assigns. franchise
 to construct and maintain gas plant and dis
 tributing system for supplying the Town of
 Yuma and it's inhabitants and residents with
 illuminating and fuel gas.
 The Common Council of the Town of Yuma do
 hereby ordain as folows
 Section l. SETH HARTLEY. his successors and assigns are hereby granted franchise for the use and occupation of the streets. avenues and alleys of the Town of Yuma for the purpose of laying, placing, maintaining and operating gas mains, service pipes and their connections for the service and distribution of gas in the Town 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 it's 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 2. This franchise shall exist for the term of twenty-five years from and after the granting thereof.
 Sec 8. There shall be a uniform charge per thousand feet of gas, which charge shall not ex- ceed the following rates, viz: For the first year of gas service. s3.o0 per thousand cubic feet.of gas; after the end of the first year and until the consumption of gas from the said plant shall reach the amount of 7oo,0o0 cubic feet in any month, IFS per thousand cubic feet of gas after said consumption reaches said amount of 100000 cubic feet in any month s1.5o per thousand cubic feet of gas. The amount of gas consumed shall be determined by the use of gas meters. or some ether 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 chafge shall be made for tapping any main and extending service pipes to the property line, except actual cost not including cost O. pipe.
 Sec. 4. 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- cludins any real estate or leaseholds. the prop erty of grantee, on which said plsnt may be- by paying the grantee herein. his successors or signs the actual cash value of the construction of duplicate plant similar in character to the gas plant mains service pipes. etc., erected and laid under this franchise as 1t shall be at the time of the exercise by the Town of Yuma of It's said op- ton, including the value of said franchise. Said value shall be fixed by Board of Arbitrators consisting of three members, one member to be chosen by tie Town of Yuma, one member to be chosen by the grantee herein, his successors CT assigns. and the third to be chosen by the other two arbitrators. The decision of such Board shall be final as to the value of such property. and it shall have the right to employ experts to assist it in making said valuation. In the event thet the Town of Yuma does not purchase such
  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 terms of such lease shall provide that the lease hold interest demised, shall pass to the Town of Yuma in case it shall purchase said gas plant and franchise, in case said franchise shall forfeit to said Town Of Yuma.
 Seed All mains, service pipes and their connections shall he of first class material, the excavations for said gas mains, service 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 in which the mains and pipes, orsany extension thereof, shall be laid, and no pipe shall be laid or excavation made for extension except in such manner as the town shall direct, and such mains and pipes shall where practical, be laid in alleys. The town or any other company holding franchise of any nature shall have the right to place pipes for the carriage of gas, water or sewage, or other purpose, under, over or across the pipes of the grantee herein, his successors or assigns, up- on such conditions as the Town of Yuma may impose, without interference CT hindrance herewith on the part of the grantee herein, his successors or assigns. provided that such pipes shall be so laid as not to damage the pipes of grantee.
 Sec7. Work shall be commenced in good faith within ninety days after the taking effect of this franchise, and the mains, con- ractions or service pipes must be laid and properly connected so as to supply any appli- cant for gas on Main street from Jones street to the Southern Pacific freight house, on Madison avenue from First street to Orange avenue, on First avenue from Second street to Orange avenue, on Second avenue from First street to Eighth street, on Orange ave- nue from Madison avenue to Eighth street, on First street from Main street to Madison avenue, on Second street from Main street to Madison avenue, and said plant connected with the mains as aforesaid, completed and in operation within eight months from the granting of this franchise. The grantee here- in, his successors and assigns, shall upon resolution Of the Common Council of the Town of Yuma extend theirgas mains to any