The Arizona sentinel., 1906-12-12

provided the nearest point of said block is within the distance of 20 feet of any existing gas main.
 Sec. 2. In case the grantee herein, 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 or- 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) ther this franchise shall forfeit and determine, and all right given to the grantee hereunder shall re. vert to the Town of Yuma.
 Sec. 9. 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= tioD and repair as they were before the lay ing, maintaining, repairing or removing of said mains, service pipes and c,nnsctisas, and shall remove all rubbish or obstructions placed or left by them in the streets avenues and alleys of Yuma in constructing and lqv- ing such mains, service pie- HG couu,c tions. In ease Of any claim or suit for dam- age for injury to any person or property sus- tained by reason of any excavation, manu- featuring of gas or the distribution thereof or wrongful t-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 aoctuing from such reason to said town.
 Sec. l0 This ordinance or franchise shall not be exclusive or prevent the Town of Yuma from granting any similar ordinance 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 a bond in the sum of one thousand dollars (Sl 100000 with sureties to be approved by the Common Council of said Town Of Yuma, as security for the fulf1llment 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 of the other conditio 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 I'm of one thousand dollars (sl, ,000.GO 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 by 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. l2. Whenever the word ''gran tee" is used in this ordinance, 1t shall be taken to mean Seth Hartley. his successors, executor, administrators or assigns. And said grantee shall pay all costs of publishing this ordin- ance 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 afterits approval by the qualified voters of the Town of Yuma, at an election called to be held on the 4th dayo January, A. D. 1907, and it's passage there Yuma.
 Passed by the Common Council of the Town of Yuma this - day of November, A. D. l90-.