The Tucson citizen., 1902-02-01


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 use
OF electric currents. IL required SO 10
do by the City of Tucson, and the said
Henry and his assigna 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
or such poles and wires, or the trans
mission of electric current by means
thereof, and the said city, It's 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 70 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
of the supply o' 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. Ii Is understood
that the above rates are to be maxi
mum rates charged. and shall not be
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
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
a 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 Guy Of
Tucson and i.s 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-elass. modern electric light and
power plant In said city. equipped
with all such new devices and i'm
proYements as may from time to time
be discovered or invented and ccnsid-
cred by expert electricians 10 be re-
lquisite for a modern plant. and also as
soon as expedent to construct, equip
and have and maintain In operation
modern gas plant for the manufacture,
distribution and sale to the said In
lhabitants OF the said City OF Tucson.
lof Illuminating gas.
| Sec. Z. The City OF Tucson shall
have the right to use during the period
J, 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
stringlng wires 10 be used in main
tanning a fire alarm in said city: said
fire alarm wires 10 be strung In such a
manner as not TO interfere with the
use OF said poles by the said party OF
the first p1rt.
Sec. s. Whenever in this ordinance
Joseph j. Henry Ia named or under
stood. the same shall be taken TO 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, and the
franchise granted to the Electric
Light Il Power Company, under ar
by virtue of Ordinance No. ia. 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 the
said J. ]. Henry. the successor o.
the said Electric Light & Power ~om-
pany, hereby revoked. said revocation
10 take effect Febraury 3rd. lscE, an
the said Ordinance No. ia Is hereny
repealed, said repeal to take ef1ect
on the said 3rd day of February. 1so2
Sec. 10. This ordinance shall lake
effect and be in force from and after
, its passage. approval and publication
; according to law.
: Passed and adopted by the Mayor
and Common Council OF the City %
Tucson. this 18th day of JaAuary' "a
D., 1902. ------------
Attest.
", r. HAWKE.
Recorder and Ex-oificio City Clerk.
Annroyed January 18th, 1902.