The border vidette., 1907-10-26
ORDINANCE No. 58.

Kelsey, ms successors ana assigns, to supply the Town of Nogales, Arizona, it's residents and inha bitants 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 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 inadequate 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 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 any and all of said streets avenues and alleys aud 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 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 g 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 | consumed. 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 | Io1l a main to the property line of the con- sumer of gas, to be without expense to | the consumer.
 l Section VI For and in consideration i 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 Nogales Two and one half (24> per cent | of the gross receipts from gas sold under this franchise, and in addition | thereto to give to the Town of Noga- les fifteen thousand (15000) cubic feet of gas per month to be used and con- sumed by said Town for municipal pur- poses only. Not ever one hundred and eighty thousand (1SO, OOO) cubic feet per aunum.
 Section VII. The Town of Nogales shall have the right to grant a franchise to any other person, firm or corporation, for the purpose of sup plying said Town and the inhabitants thereof with gas, and shall have the right to esta blish it's own gas plant, and shall have the right to buy the lands, plants. buildings, mains, pipes, meters, appliances esta ablished by H. w. Kelsey, his successors and assigns, under and by virtue of this franchise. by paying therefor the actual value of the said property, which amount shall be no more than it would cost the said Town to establish and install similar gas works at the time of the purchase
 Section VIII The word "grantee' 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 publish ing this ordinance, and of submitting the same to the qualified voters of the Town of NOgaleS.
 Section TX. This ordinance shall not be exclusive.
 Section x. All Ordinances and | parts of ordinances in conflict with this | ordinance are hereby repealed.
 Section XI. The duration of this or dinance shall be for the period of Tw enty-Five 25 years from and after | the date of it's approval by the qualified | voters of the Town of Nogales. Arizona, l and it's approval thereafter by the | Common Council of said Town.
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