The Tucson citizen., 1902-01-25

the protection OF persons and property
AGAINST INJURY growing out OF the Use
OF electric currents. II required so TO
90 Dy the City OF Tucson, and the said
Henry ana his assigns shall IN case
OF loss or damage, indenify and save
harmless the City of Tucson. its Of
ncers, 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
or such poles and wires. or the trans
mission of electric current by means
Thereon. 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 neters or
other appliances used for measuring
gas or electricity. and take al ac-
count OF gas or electricity used there
in. He shall have abe 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 rea-
sOnable charge for electricity or gas
used or consumed. and also, in the
event OF such n refusal or failure. the
right to sever the connections and cut
off the supply of gas and electricity,
| or either.
Sec 8. 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
individuals. provided the said rates are
| not exceeded.
Sec. 6. In consideration of the grant
i, 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 10 have in
operation an electric lighting plant with
capacity of at least 5000 lamps of
sixteen candle power eacn. and tn
| increase the capacity Of the said plant
| from time to time to meet the require
ments and demands Of the City Of
Tucson and its 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 tins
| be discovered or invented and consd-
cred by expert electricians 10 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 Z. The City OF Tucson shall
! have the right to use during the periof
of twenty-five years free of charge. any
and all of the poles now maintained
by the party of the first part CT here
after to be erected or maintained by
him or his assigns for the purpose of
stringing wires 10 be used in main
! tanning fire alarm In said cty; said
| fire alarm wires TO be strung in such
manner as not to interfere with the
use OF said nnles by the said party OF
the first part.
Sec. 8. Whenever In this ordinance
Joseph ]. Henry is named or under
stood, the same shall be taken to mean
the said Henry. his heirs. executors,
administrators. or assigns.
Sec. g. All ordinances. or parts o.
ordinances. in conflict with this or
dinance are hereby repealed, and the
franchise granted to the Electric
Light 4 Power Company, under ARD
by virtue of Ordinance No. 124. as
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 Tie
safd J. ]. Henry, the successor at
the said Electric Light & Power ~om-
pany. hereby revoked, said revocation
| to take effect Febraury 3rd, 1902, ana
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 lake
! effect and be in force from and after
| it's passage, approval and publication,
according to law.
Passed and adopted by the Mayor
| and Common Council of the City of
Tucson. this 18th day of January A.
! D., 1902.
Attest:
! (SeaD
N. f. HAWKE.
Recorder and Ex-ofIicio City Clerk.
/ Approved January 18th. 1902.
c. F. SCHUMACHER,
I Mayor.
r,;,n4 ,,,,1, Ion IT last Ian o5.