Arizona republican., 1909-04-04

City May 4, 1909. that said qualified voters of said City may determine the question whether or not the Common Council of Phoenix shall grant such a | franchise to said J. F. Powell and his assigns to construct and operate a compressed air and vacuum ventilat- ing and cleaning system in said City of Phoenix. under the provisions of the proposed ordinance and franchise following.
 FRANK THOMAS.
 City Recorder of Phoenix. ORDNANCE NO.
 An Ordinance Granting to J. F. Powell
 a Franchise to Install and Operate
 a Compressed Air and Vacuum Ven
 tilating and Cleaning System in the
 Streets and Alleys of the City of
 Phoenix
 The Common Council of Phoenix do ordain as follows:
 Section 1. That J. F. Powell and his assigns are hereby granted the right of way through, under. in. and upon the streets. sidewalks. alleys and pub lie grounds of the City of Phoenix. Ariz.. for the purpose therein and there
 
 the necessary pipes. pipe lines. valves. valve boxes or other suitable materi ais or. appliances to successfully in stall. operate. maintain and use a com pressed air and vacuum ventilating and cleaning system within the limits of the City of Phoenix; provided. that the laying and maintenance of said pipes, pipe lines and other materials or appliances shall be subject to the regulation of the Common Council Of the said City of Phoenix: and further Irovided that the said pipes. pipe lines and other materials or appliances shall be laid only in alleys except at cross ings or at such places where the con sumers to be served are so situated that they can not be economically reached on alleys.
 Sec. 2 That at any time hereafter when business may justify it the said J. F. Powell or his assigns shall have the privilege under this ordinance of extending said compressed air and vacuum ventilating and cleaning sys- tenn in any direction throughout the City. or in any addition that may here after be made to or become a part of the corporate limits of the said City of Phoenix. and the privilege hereby granted to the said J. F. Powell or his assigns within said corporate limits Is hereby extended to and made to in clude said additions.
 Sec. 3 The rights and privileges hereby granted to the said J. F. Powell and his assigns shall vest in them i'm mediately upon the passage of this or dinance. and shall continue for d period of twenty-five years from the date of its final passage; provided. however. that the said J. F. Powell or his as- signs shall have commenced in a busi nesslike manner the work upon and the construction of the said compress ed air and vacuum ventilating and system on or before ninety days from the final passage of this and shall have completed and in operation said compressed air and vacuum ventilating and cleaning system within the limits of the said City of Phoenix on or before one year from the final passage of this ordi- nance: provided further that the said J. F. Powell or his assigns are not hin slered from so doing by means or agencies not in their power to control. and provided further that said Com mon Council may extend the said time of either commencement or completion of said system whenever in its discre- tion it may deem advisable.
 Sec. 4. That the said J. F. Powell or his assigns, as one of the condi- tions of the granting of this franchise, -hal int tr-fa tt,-x- of of Phoenix for the use and benefit of the said City. annually on the first of January of each year one per cent of the gross earnings of the said, compressed air and vacuum ven tilating and cleaning system for the year ending December thirty-first im- prior thereto. and that said payment shall be accompanied by a sworn statement made by the said J. r. Powell or his assigns showing the amount of said gross earnings of said system for such year. and said J. F. Powell or his assigns shall at all times permit said City to examine his or their books for the purpose of verify | ing any such statement of earnings. l Failure to comply with all the condi- 1 tions herein required shall operate as ! forfeiture of any and all privileges | and franchises herein granted to said | J. F. Powell and his assigns. Sec ,. This ordinance shall take l effect and be in force from and after | It's passage and publication according | 10 law. Passed by the Common Council of | Phoenix this ........ day of. ....... 1909
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 Mayor.