El Paso herald. (El Paso, Tex.) 1901-1931, 1913-02-07
Legal Notices
~
NnTTCE-

NOTICE Is HEREBY GIVEN that
the Ell PASO GAS AND ELECTRIC
/ COMPANY viii forthwith apply to the
Honorable City Council of the City Of
q Fl PasO, Texas, for a franchise to
/ maintain and operate a plant for sup
plying gas to the city Of FL Paso and
such of the inhabitants thereof as may
desire to take such gas, the terms Of
the said franchise 50 to be applied for
being in words and figures substan-
TALLY as follows. to-wit:
An ORDINANCE AMENDING AN Or
DINANCE OF THE CITY COUNCIL
OF THE CITY OF Ell PASO, PASSED
AND APPROVED THE SIXTH DAY
OF OCTOBER, 4. D., 1894, ENII-
TIED IAN ORDINANCE GRANTING
To c. II. BOSW ORTIZ AND HIS
ASSIGNS THE RIGHT To MAIN
TAIN GAS WORKS AND LAY AND
: MAINTAIN GAS MAINS AND sup
PLY PIPES IN THE CITY OF Ell
RIGHT Ard PRIVILEGES TO THE
I'll PASO GAS AND ELECTRIC CON-
PAEY.
/ BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF Ell
} PASO, TEXAS
WHEREAS, heretofore, tO-wit, on
/ the 9Th day OF October, 1904 the city
( council of the city Of FL PasO duly
J passed an ordinance granting to Q. II.
! BOsWOrth and his assigns the right
Z to maintain gas works and lay and
Z maintain gas mains and supply gas in
& the city OF FL PasO, Texas: and,
: c. H. Bosworth, as he was permitted
20 DO. did assign, transfer and set over
all the rights granted by said Ordi-
( nance TO the FL Paso Gas and Electric
company, a corporation, now the own
er OF same; and,
+ WHEREAS. as part Of the consfdera-
/ Lon TOT granting the aIorestlo iran
chlSe ana as cOnQltlon precedent
Z thereto, it was provided that the said
/ G H. BOsWOrth, or his assigns, pur-
T chase or acquire the entire property
Electric Light and Power company in
the city Of FL Paso, and that the fran
the grantee in lieu Of all franchises
and rights and contra ctual relations
held by said last named company with
respect TO the gas business from or
with the city, and
WHEREAS, it is desired TO amend
the said ordinance in order to more
specifically define the privileges
granted and the rights to be exercised
. thereunder and to reduce the term OF
NOW, THEREFORE,. BE IT OR
DAMNED BY THE CITY COUNCIL OF
THE CITY OF Ell PASO. TEXAS:
Section 1. That the right and privf-
lege be, and the same are, hereby
granted unto the II PasO Gas and
Electric company, its successors and
assigns, (subject to the restrictions
herlnafJer menuoned), to lay, operate
and maintain in any Of the present or
future streets, alleys and public
grounds of the city o. FL Paso. and
Its successors, gas mains, distributing
and supply pipes, and all necessary ap-
purtenances, for the purpose Of sup
plying gas to said city, the Inhabitants
. lnereDL and persons beyond the limits
thereof for lights, heat. power and
other purposes. However, there shall
be no obstacle to traffic except during
a reasonable time necessary to estab-
lsh such pipelines and appurtenances.
section 2. Said mains and pipes
shall be laid under the supervision and
direction OF the city council Of said
city, or person designated by said
council The grantee herein pr his
assigns shall cause no UNNECESSARY
interruption Of the use Of said streets,
alleys or public grounds. and shall, in
every case, restore the same to as
good condition as they were in before
with the same kind of material as
then exists thereon.
Nothing herein contained shall be
construed to exempt the grantee or
its assigns from the penalties pre-
scribed against nuisances or obstruc-
tons of said streets alleys or public
Section 3. All gas manufactured and
furnished by the grantee and its as
signs, shall be firstCIass and the best
quality of pure and refined Gas Sid
mains, distributing and supply pines
snail be CT as good and substantial
quality as is ordinarily and generally |
used IN gas works throughout the l
United States
Section 4. The grantee herein shall.
within ninety (90) days from the PASS
age and approval by the mayor of this
franchise. file with the city clerk a.
writing expressly accepting this fran
chise. subject to oil the limitations and !
conditions herein contained. and NOT |
until such acceptance shall this fran
chise be effective.
Section ;. said grantee and its as
signs shall have the right to charge
and receive for gas furnished or sun
piled by it or them to consumers. other
than the city Of Fl PasO. such prices /
rs 1t or they from time to time fix
upon, not to exceed. however the SIM,
OF one dollar and fifty cents CsL5O) |
per thousand cubic feet Of gas Of six
teen C16) candle power, with a dis
count OF twenty cents coco per thou
sand cubic feet for gas If the account
or bill for same is paid on or before
the 18th day Of each month following /
the use Of such gas)- The minimum
charge for any meter set for any and
all consumers snail be not less than
twenty-five cents (25c) per month.
Section 6. The grantee and its as
signs shall furnish the city Of FL PasO
at such times and places as the CITY
council may from time to time desig-
nate, as much gas as is desired by the I
city council; such gas shall be fur
nlshed free TO the extent Of thirty
nine thousand, seven hundred and fifty
39,750) cubic feet of gas per month Z
during such time as the pOpulatio of
the city shall not be greater than it
now is admitting for this purpose the
population to be forty-five thousand
increase of the population, in the Opin-
ion Of the said city council. the
amount of gas furnished free by the I
grantee and its assigns to the citv shall I
be increased six hundred and fifty
(65O)t cubic feet per month The I
of gas to be furnished to the /
city free during each month shall be 4
non-cumulative and the failure to use /
all Of the same during any one 1
month shall not entitle the city
mated thereafter. The amount Of !
gas used by the city in excess of the ]
amount herein Designated during any 4
city at rates then being charged BY /
the grantee or its assigns to private |
consumers of gas for heating purposes. |
Section z. The grantee and its as
signs shall. at all times during the life 1
of this franchise run its or their pipes !
TO the curb line free and supply any 1
and all persons mot indebted to the |
grantee or its assigns) applying there /
for. with gas. provided the lot or lots /