The border vidette., 1907-10-12
ORDINANCE No. 58.

Section I. That a franchise be, and
 the same is hereby granted to IT. w
 Kelsey, his successors and assigns, to supply the Town Of Nogales, Arizona,
 it's residents and inhabitants with gas
 for heating, lighting and power
 purposes, and such other uses as the same may be now, or hereafter applied. and herewith and hereto the following g
 rights and privileges are granted:
 Section II. To erect, establish and
 maintain in said Town, ready for operation at all times, within two years
 from the granting of this franchise, a gas plant for the making of gas, of a capacity of not less than Sixty Thousand Cubic feet of gas daily, and ar any time that the said plant is mad equate to supply the said Town and it's inhabi- tants with gas for the purposes above expressed, the same shall be enlarged and extended to a sufficient size to furnish the adequate amount.
 Section III. To make any and all necessary excavations in, through ana upon all streets, avenues and alleys of said Town, for the purpose of laying mains, distributing and supply pipes in
 
 alleys and public grounds of said Town, for the purpose of distributing gas throughout the said Town, and for furnishing gas for the purposes above mentioned, together with the right to dig up said mains and supply pipes, from time to time, as may be necessary. and all rubbish or Instructions caused by said eXcavating, digging etc. in said streets, avenues, alleys and public grounds of said Town to be removed with due diligence by grantee herein his successors and assigns.
 Section ". To charge, receive and collect, from all consumers of gas, for gas furnished and supplied to such consumers, only a reasonable price at the time of such service and at nOtime during the life of this franchise, shall the price of gas furnished consumers exceed the sum of Two Dollars and Fifty cents (S2.50) per thousand cubic feet.
 Section V. To enter, at reasonable hours and times, any and all buildings, using gas, for the purpose of repairing and adjusting pipes, meters and ether appliances used for measuring gas, and to take account of gas consumed there in: and to cut off the supply of gas, and to remove all meters and ap- pliances, belonging to grantee herein, his successors and assigns, from the building of any consumer who shall refuse or neglect to pay for gas used or All meters to be furnished to consumers of gas by grantee herein, his successors and assigns, said meters to remain the property of the grantee herein, his successors and assigns, and all pipes and connections from the main to the property line of the con- sumer of gas, to be without expense to the consumer.
 Section VI. For and in consideration of the granting of this franchise with his successors and assigns, hereby agree to pay to the Town of Nogales Two and one half t2@) per cent of the gross receipts from gas sold | under this franchise, and in addition thereto to give to the Town of Noga- | es fifteen thousand 150O0 cubic feet 1f gas per month to be used and con- ,umed by said Town for municipal par | poses only. Not ever one hundred and 1 eighty thousand I80, ,000) cubic feet per annum.
 Section VII. The Town of Nogales shall have tho right to grant a franchise to any other person, firm or for the purpose of sup plying said Town and the inhabitants hereof with gas, and shall have the light to establish it's own gas plant, md shall have the right to buy the ands, plants. buildings, mains, pipes, meters, appliances established by H. ". Kelsey, his successors and assigns, lnder and by virtue of this franchise. oy paying therefor the actual value of he said property, which amount shall ,e no more than it would cost the said Town to establish and install similar ,as works at the time of the purchase.
 Section VIII The word "grantee'' n this ordinance shall be taken to mean H. w. Kelsey, his executors, or assigns, and said -rantee shall pay all costs of publish ng this ordinance, and of submitting he same to the qualified voters of the own of Nogales.
 Section TX. This ordinance shall lot be exclusive.
 Section X. All Ordinances and ,arts of ordinances in conflict with this are hereby repealed.
 Section XI. The duration of this or finance shall be for the period of 'wenty- Five (25) years from and after he date of it's approval by the qualified