El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-05-12

granted shall continue and exist fol
the period of fifty (5O) years.
Section VII. It is further provided
that unless said corporation snail be
organized by raid parties hereinbefore
named and said company shall within
the time hereinbefore prescribed com
mence and have in actual operation
said Electric Light and Power plant,
then the rights and privileges and
franchise herein and thereby granted
shall at the option of the city council
become null and void.
Section VIII. 1t is further provided
that no consolidation or pooling with
existing electric light and power COM
panies or plants now or hereafter exist
ing in the city of Ell Paso, shall be ef-
fected without the consent of the city
council first obtained, and such at
tempting pooling or consolidation with
out the consent of the city council, first
obtained, shall at the option of the city
council forfeit all the rights and pri vi
granted, provided this provision shall
not apply to any electric lighting or
power plant or company operating or
to operate in the city of Juarez, M exico:
hut whether in the city of Juarez, Mex
o, or Ell Paso, Texas, no consOlida-
ton, pooling, or leasing, shall ever be
lawful if the same shall in any manner
conflict with the provisions of this Or
| dinance; but provided that nothing
herein contained shall be so construed
as to inhibit the actual bona fde pur-
chase or lease in good faith of any 9th
| er electric lighting or power plant sys-
| tenn now or hereafter existing upon
condition that when so purchased or
| leased, the same shall be operated I'M
der the terms, charges, restrictions
and penalties provided by this ordi-
nance.
Section TX. It is further provided
that the rights, privileges and fran
chise herein and thereby granted, that
the said parties above named or q ma
jority of them shall have executed and
filed with the city clerk, good and
sufficient obligation or bond in the
penal sum of two thousand (S2, OOO) dol
lars, payable to the city of Ell Psso, and
for it's use, which said bond or obliga-
ton shall be conditioned, that the par
ties above named, or the corporation
TO be organized by them, shall within
sixty (6O) days from the date of the
passage sof this ordinance, commence
the construction of said electric light
and power plant, of q capacity of at
candle powe- lights and one hundred
Q0O arc lights each of the Capacity
of 1, zoo candle power. all running full
force, and shall within six (6) months
thereafter have the same in operation.
and upon failure SO to do, said bond
shall be forfeited to the use of the city
as liquidated and ascertained damages.
And said oh igation or bond in con-
sideration of the granting of the rights
and privileges herein asked by said |
parties being herewith filed, The |
same is now here approved and accept |
ed by the city council, and the rights
and privileges herein provided are
hereby granted in consid eration OF the
fling of said obligation, but with the |
provisions and limitations herein con-
Section x. 1t is fur.her provid ed
that If at any time the said company
shall fail to comply with any of the
terms or conditions imposed by this Or
1inance, the city council shall have
the right to forfeit ali the rights and
privileges herein granted.
Section XII Il is further provided
ID at if at any time the city council may
1eem it necessary or desire to test the
capacity or power of said lights it shall
have the right to reasonably require
said company to furnish the city cOun-
Ill at it's 1.-THE company's own expense),
'uch apparatus or instruments as may
De necessary to enable the city council
,r its appointee to make satisfactory
est of the power of said incandescent
|
,sny to make said test under the super ;
rision of the city council, and to it's sat-
sfaction; and in the event such lights,
n any of them, shall not be of the pow
n herein prescribed, then the cost of
he same to the consumer may be ap-
'ortioned by the city council upon the
isis herein prescribed; and it is fur
ontinue for thirty (3O) days, after no.
ice from the city council, to be of less
than hereinafter prescribed, then
ne city council may annul any con-
ract it may have with said company,
nd may, if the incapacity OF said lights
J unreasonably continued for more
han thirty (3O) days after the notice
foresaid, forfeit all rights and priv
eges herein granted.
Section XII. 1t is further provided
nat the rights, privileges and fran v
hise herein granted are upon the fur
Ter condition that the city council,
,r the use of the city, shall have the il
ght to purchase all of said Electric r
light and Power plant and property of
lie company, including its good will, L
atronsge, leases and contracts on the
ght a. the end of every Fl We (5) years s,
ter that time, upon giving six (6) -
ouths' notice next prior to the date
purchase of it's intention and desire
do so, and said purchase and sale
all be upon such terms and cOndi-
ons as may then be agreed upon by
q city council and said company: or
ION failure to agree upon such terms
I'd conditions, then it shall have the
2 ht and option to purchase the same
,on such terms and conditions as may m
decided to be reasonable and just by ~ r,
BOARD of arbitration of four az per-
rs, two to be selected by the city r
uncil and two by said company,
lose decision shall be final, and in K
e event they, or majority of them.