The border vidette., 1907-10-19
ORDINANCE No. 58.

The Common Council of the Town of Nogales, Arizona, Do Ordain as Fol lows:
 Section I. That a franchise be, and the same is hereby granted to H. w. Kelsey, his successors and 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, gas plant for the making of gas, of a 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 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 mako 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 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 w. 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 (S2.5O) per thousand cubic feet.
 Section V. To enter, at reasona ble 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 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 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 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 15OO0 cubic feet of gas per month to be used and con- stunned by said Town for municipal pur poses only. Not ever one hundred and eighty thousand 1sO, OOO) cubic feet per annum.
 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 establish it's 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 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