The Tucson citizen., 1902-02-05

time to time discovered or invented for
the protection Of persons and property
against injury growing out OF the use
or electric currents, II required so TO
do by the City OF Tucson, and the said
Henry and his assigns shall, In case
OF loss or damage, indenify anu save
harmless the City of Tucson, its Of
ficers, agents and servants from and
against all lawful claims and demands
for 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
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. 4. 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 oeters or
other appliances used for measuring
gas or electricity, and take al 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 to pay a rea-
sonable charge for electricity or gas
used or consumed, and also. In the
event of such a refusal or failure, the
right to sever the connections and cut
off the supply o' gas and electricity,
or either.
Sec. 5. It is hereby expressly stip-
ulated and agreed that the prices to DE
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. II 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
/ individuals provided the said rates are
NOT exceeded.
/ Sec, 6. In consideration OF the grant
I ing of this franchise the said Joseph
]. 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
/ n capacity OF at least 5000 lamps OF
sixteen candle power each, and to
increase the capacity OF the said plant
from time to time to meet the require
ments and demands of the Crty Of
Tucson and lis 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, a
/ first-class. modern electric light and
power plant In said city. equipped
with all such new devices and i'm
| provements as may from time TO time
/ be discovered or invented and consid-
/ cred by expert electricians TO be re-
/ quigite for a modern plant, and also rs
+ soon as expedient to construct. equip
and have and maintain In operation
modern gAs plant for the manufacture,
distribution and sale tu the said IN
habitants OF the said City of Tucson.
OF illuminating gas.
| Sec. Z. 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
strinring wires 10 be used in main
en1ning n fire alarm In said city: said
fire. alarm wires 10 be strung In such
manner as not TO interfere with the
use OF said poles by the said party OF
the first part,
Sec. S, Whenever in this ordinanc"
Joseph J. Henry Is named or under
stood. the same shall be taken 10 mean
the said Henry. his heirs. executors
administrators. or assigns.
Sec. .. All ordinances. or parts o.
ordinances, In conflict with this or
dinance are hereby repealed. ana the
franchise granted to the EiectFiC
Light & Power Company, under ara
by virtue of Ordinance No. ia. ds
passed and adopted by the Mayor ahG
Common Council OF the said city OF
Tucson on the third day OF June. A d.
1899, is, on the application OF TIE
said ]. ]. Henry, the successor OF
the said Electric Light & Power ON
pat,y. hereby revoked, said revocation
to take effect February 3rd. ,1ses' am
the said Ordinance No. ia Is herep!
repealed. said repeal to take enec' an
on the said Bird day OF February. lsos
Sec. 10. This ordinance shall 'ake
effect and be in force from and afte'
its massage. approval and publication
according to law. Mao,
passed and adopted by the Mayor
.,a Common Council of the City o.
Tucson. this 18th day OF January "A
D., 1902.
Attest:
n. E. hawke.
Recorder and Ex-ofiicio City CLERK
Annroyed January 18th, 1902.
G. F. SCHUMACHER,
Mayor.
First pub. Jan. II, last jan 20.
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