The Tucson citizen., 1902-01-31

tlHe I'D tlIne discovered or invented for
the protection of persons and property
against injury growing out of the use
OF electric currents, II required so ~
DO by the City of Tucson, and the said
Henry and his assigns shall. IN case
or loss or damage, indenify ana save
harmless the City OF Tucson, its Of
ncers, agents and servants from and
against all lawful claims and demands
Tor injuries to persons or property oc-
casioned by excavations. or the laying
of pipes and mains or the erection Of
poles and wires. or by the existence
or such poles and wires. or the trans
mission OF electric current by means
thereof, and the said city, its agents
ana servants, exercising the rights and
powers given herein. shall not be held
liable by said Henry by reason of
any injury or damage caused there
| by.
Sec. 4. Said Henry. or his agents.
upon proper identincation, shall have
| the right at reasonable hours to enter
any building using electricity or gas
| furnished by him, for the purposes Of
repairing and adjusting aaters or
other appliances used for measuring
gas or electricity. and take All ac-
count OF gas or electricity used there
in., He shall have the right to furnish
consumers of gas or electricity with
meters, and to charge for the use
thereof, and also to remove all meters
pipes, wires. and connections owned
by him from the building of anyone
who shall refuse or fail 10 pay a rea-
, sonable charge for electricity or gas
used or consumed, and also. in the
event of such refusal or failure the
right to sever the connections and cut
off the supply r' gas and electricity,
or either.
Sec. 5. 1t Is hereby expressly stip-
ulated and agreed that the prices to be
charged the inhabitants Of the City Of
Tucson, during the continuance of the
franchise hereby granted, for electric
lights shall never exceed twenty cents
per thousand watts 1t Is understood
that the above rates are To he maxi
mum rates charged. and shall not he
construed SO as 10 prevent the said
Henry, or his assigns, from making
special contracts with corporations or
individuals. provided the said rates are
not exceeded.
Sec. 6. In consideration of the grant .
ing OF this franchise the said Joseph /
J. Henry and his assigns, agree with +
in nine months from the date of the
passage of this ordinance to have In
operation an electric lighting plant with
capacity of at least 5000 lamps OF |
sixteen candle power eacn, and to
increase the capacity OF the said plant
from time to time to meet the require
ments and demands of the Ciry Of
Tucson and las inhabitants, and from
and after the expiration of nine
months from the passage of this
ordinance to at all times maintain
during the life of this franchise,
flrst-class, modern electric light and
power plant in said city, equipped
with all such new deyices and i'm
provements as may from time TO time
be discovered or invented and consid-
cred by expert electricians 70 be re-
quisite for modern plant. and also as
soon as expedient to construct, equip
and have and maintain In operation a
modern Gas plant for the manufacture,
distribution and sale to the said in
habitants OF the said City OF Tucson,
of Illuminating gas.
Sec. T. The City OF Tucson shall
have the right to use during the period
of twenty-five years free of charge, any
and all OF the poles now maintained
by the party Of the first part or here
after to be erected or maintained by
him or his assigns for the purpose of
stringing wires to be used in main
tanning a fire alarm In said city; said
fire alarm wires to be strung in such a
manner as not to interfere with the
use OF said poles by the said party Of
the first pert.
Sec S. Whenever In this ordinance
Joseph J. Henry is named or under
stood. the same shall be taken TO mean
the said Henry. his heirs, executors,
or assigns.
Sec. 9. All ordinances. or parts o.
In conflict with this or
dinance are hereby repealed. and the
franchise granted to the Electric
Light & Power Company under ard
passed and adopted by the Mayor and
Common Council of the said City of
Tucson on the third day of June. A. D.
1899 is, on the application OF the
said ]. ]. Henry. the successor OF
the said Electric Light & Power ~om-
pany, hereby revoked. said revocation
TO take effect Febraury 3rd. 1Se2, am
the said Ordinance No. 124 is hereby
repealed, said repeal to take effect
on the said 3rd day of February. 1902.
Sec. 10. This ordinance shall ,ake
effect and be in force from and after
It's passage. approval and publication.
according to law.
Passed and adopted by the Mayor
md Common Council Of the City OF
Tucson. this 18th day of January a.
D., 1902
Attest:
(SeaD
N. r. HAWKE.
Recorder and Eek -ofIiclo City Clerk.