The oasis., 1907-09-07
ORDINANCE NO.
GAS FRANCHISE

I'll E COMMON COUNCIL OF THE TOWN OF MORALES ARIZONA, DO ORDAIN AS FOLLOWS:
 SECTION l. That franchise be and the same is hereby granted to H. W. Kelsey, his success sors 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 rights and privileges are granted: : SECTION II. To erect, establish and maintain Tn said Town, ready for operation at all times, within two years from the granting of this franchise, gas plant for the making of gas of capacity Of not less than Sixty Thousand Cubic feet of gas daily, and at any time that the said plant Is inadequate to supply the said Town and its inhabitants with gas for the pur- poses above expressed, the same shall be en- larged and extended to sufficient size to furnish the adequate amount.
 SECTION III. To make any and all necessary excavations in, through and upon all streets, avenues and alleys of said Town, for the pur- pose Of laying mains, distributing and supply pipes in any and all of said streets avenues and 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 10 dig up said mains and supply pipes, from time to time, as may be necessary, and all rubbish or Instructions caused by said excavat- ing 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, lIoIH all cons or gas, TOT gas IuTnlSneQ and supplied 10 such consumers, only reason able price at the time of such service and at no time 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 other appliances used for measur- ing gas, and 10 take account Of gas consumed therein: and to cut off the supply of gas and to remove all meters and appliances, belong ing to grantee herein. his successors and assigns, from the building of any consumer who shall refuse or neglect to pay for gas used or consumed All meters to be furnished to consumers Of gas by grantee herein, his sue cessors and assigns, said meters to remain the property Of the grantee herein, his successors and assigns, and all pipes and connections from the main 10 the property line of the consumer of gas, to be without expense to the SECTION VI. For and in consideration of the granting of this franchise with above rights and privileges, H. w. Kelsey, his successors and assigns, hereby agree to pay to the Town of Nogaies Two aad One Half (212) per cent of the gross receipts from gas sold unGer this franchise, and in addition thereto to give to the Town of Nogales fifteen thousand QjO00) cubic feet of gas per month to be used and con sumed by said Town for municipal purposes only. (NOt over one hundred and eighty thousand Gs0,WW cubic feet per annum)
 SECTION VII The Town of NOgales shall have
  person, firm or corporation, for the purpose of supplying said Town and the inhabitants thereof with gas, and shall have the right to establish its own gas plant, and shall have the right to buy the lands plants, buildings mains, pipes, meters, appliances established by H. w. Kelsey, his successors and assigns, under and by virtue of this franchise. by paying therefor tbe actual value Of the said property, which amount shall be no more than 1t would cost the said Town to establish and install similar gas works at the time of the purchase.
 SECTION VIII. The word "granteep herein whenever and wherever used in this ordinance shall be taken to mean H. W. Kelsey his executors, administrators or assigns, and said grantee shall pay all costs of publishing this ordinance, and of submitting the same to the qualified voters of the Town of Nogales.
 SECTION IX. This ordinance shall not be exclusive.
 SECTION x. All ordinances and parts of ordinances in conflict with this ordinance arc hereby repealed
 SECTION Xl The duration of this ordinance shall be for the period of Twenty Five (2j) years from and after the date of its approval by the qualified voters of the Town of Nogales, Arizona, and its approval thereafter by the Common Council of said Town
 SECTION XII. This ordinance shall be in force and take effect when authorized to be granted by majority vote of the qualified voters 0f the Town 0f Nogales, Arizona at the election called for the 17th day of SeptemD Der, A. D. 1907, and it's approval thereafter by the Common Council of said Town.
 ....-....-+. ...-s. MAyCr.
 ......... ... ..... Town Clerk.