The Tucson citizen., 1902-01-20
ORDINANCE.
(No. 1879
Providing for a franchise for Elec-
trio Light and Gas plants.


Providing for franchise for Elec-
trio Light and Gas plants.
Be it orda;nAl bv the M&v"" and
Common CouA.l Ds the City OF Toe
son. as follows:
Sec I. That a franchise be and
the same is hereby granted to Joseph
J. Henry, and his assigns, to supply
the inhabitants of the City of Tucson
with electricity and gas for all pur-
poses to which the same is now or
may hereafter be applied. the dura
ton of said franchise to be the perOI
of twenty-five years, to commence on
the first day of February, A, d. 1902.
See >. Said Henry shall have the
right to erect and maintain in the city.
gas and electric light works for the
manufacture of gas and electricity for
the purposes above expressed. and to
operate and maintain the same during
the continuance OF this franchise, He
shall have the right to erect poles and
string wires for the distribution Of
electricity throughout the said city,
and to maintain same in all or AIRY
of the streets. alleys, and public
grounds of the city, in such manner
only, however. as to offer the least in
reference with the public use thereof.
and the right to make necessary ex-
cavatons for, lay and maintain mains.
distributing and supply pipes in all Or
any Of the streets. alleys and public
grounds of the city for the distribu-
ton of gas for the purposes herein
mentioned; all excavations made in
streets or pubic ways shall be re-
filled and graded within five (5) davs
after the opening thereof. and such
streets or public ways restored to as
good condition as the same were In ut
the time OF the commencement Of such
excavations, at the cost of the said
party of the first part. or his assigns.
Sec. 3. The said Henry shall adopt
and use in his business any devices
and safeguards which may be from
time to time discovered or invented for
the protection of persons and property
against injury growing out of the uss
of electric currents. If required so -
do by the City of Tucson, and the said
Henry and his assigns shall. IN case
of loss or damage. indenify and save
harmless the City of Tucson. it's Of
fcers, agents and servants from and
against all lawful claims and demands
for injuries to persons or property 0r-
casioned by excavations, or the laying
of pipes and mains or the erection of
poles and wires. or by the existence
of such poles and wires, or the trans
mission of electric current by means
thereof. and the said city, its agents
and 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. a. Said Henry, or his agents,
upon proper identification, 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 aetfrs or
other appliances used for measuring
gas or electricity. and take al &C
count of gas or electricity used ther2-
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 to pay a rca-
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 of 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 be maxi
mum rates charged and shall not he
construed so as to prevent the said
Henry. or his assigns, from making
special contracts with corporations or