The Arizona sentinel., 1907-01-02

provided the nearest point Of said block is
 within the distance of 72O feet of any existing
 gas main.
 Sec. g. 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 op-
 crate the same and the whole thereof (stnp-
 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. 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-
 tion and repair as they were before the lay ing, maintaining, repairing or removing of said mains, service pipes and connections, and shall remove all rubbish or 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- 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 act by the grantee, his successors or assigns, said Town of Yuma shall be protect ed and held harmless by the grantee, his sue cessOrs 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 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 ,0G0O0) with sureties to be approved by the Common Council Of said Town of Yuma, as security for the fulhllment 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 tho granting of this franchise. or shall fail to fulfill any of the other eondition 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 (sl ,OO0.0O) as liquidated- damages for the fail ure of the grantee herein to perform its con- ditions and covenants as herein set forth, 1 and thls 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, IL shall be taken to mean Seth Hartley. his successors, executor, or assigns. And said grantee 1 snail pay all costs Of publishing this ordin- ance and Of submitting the same to the qual- | flied electors of the Town of Yuma.
 Sec 13 This ordinance shall take effect | and be in force from and after its approval by | the qualified voters of the Town of Yuma, at 1 an election called to be held on the 4th day O January, A. D. 1907, and its passage there | after by the Common Council of the Town of | Yuma.
 Passed by the Common Council Of the Town | of Yuma this - day of November, A. D. 1 l9O-.