El Paso herald. (El Paso, Tex.) 1901-1931, 1913-01-21
Legal Notices

block being within three hundred and
fifty (350) feet OF gas mann NOT
supplied with gas shall so request IN
good faith in order that gas may De
used by then, said Ell Paso. Gas ana
Electric company and its assigns shaii
extend q gas main along said block
reserves the right to examine and IN
spect all gas meters, works ana gas
Of grantee and its assigns, ana f ~
grantee and its assigns shan Iurnlsn
to the city, whenever desired Dy tIle
said council, suitable and proper IN
struments for testing the purity ana
illuminating qualities Of the gas, and
the said council may designate any one
to make such inspections and eXaInlIla-
tions for and on behalf of said city
Section 9. whenever the city cOun-
ell of the city of FL Paso shall cause
notice to be given to grantee or liS
4 assigns of the intention OF the sd4U
city council to pave any OF the streets
or alleys of said city, or any part OF
1 the said streets or alleys, the srd1IS
shall thereupon promptly, so as not 70
delay OF interfere with the paving ana
before paving Is begun, run all tHe
mains along the same thal II OF
they propose to run, and run turnouts
from all of its or their mans SIon5
the same to the curb by each buliolnS
where the property is fully bulII up
each vacant lot where there IS one OI
more AUDITING lots not fully built up
norfions Of streets. alleys and public
grounds along which the grantee anu
its assigns have a main at InaL IIHS
and shall not preclude the subsequent
use nv grantee or its assigns OF any
street, alley or public GROUNDS SIOHS
which grantee had no mains at the
Sc Section Ia. The Fights, powers and
franchises herein contained Snall, II
the same be not sooner forfeited eAIsI
and be in force and erect Tor tnlE ~
600 years from and after December 10
1919.
I -T-,f oil q 81
harmless and Unidentified from all &C
tons causes Of action, costs, expenses
and liabilities Of every KIND, caQse1
by reason Of any negligence or acI OF
omission on the part OF the SaIu
grantee or its assigns, agents, employees
or representatives, in the construction,
NEUTRALITY-SUSPICIOUS. maintenance and Oper-.
alton Of the gas plant or olslTlDu ls
system, and shall pay all such dam
said city by reason thereof; and the
said grantee or its assigns, viii alone,
at its or their own expense, detend any
I br6ngh fi1i against said city whenever,
and as soon as any officer of said city
mails a notice of such claim OF su1t
which notice shall state the nature
of the claim or suit, and the name OF
the court if it be suit, where II re eA-
lists and the number Of the same Inc
said CITY shall never be held reSpons-
ibIe to the said grantee or ITS assigns
for any injury or damage 60 is OI
=
section 70 Anv failure on the part
of the said grantee or It's assigns 70
fulfill and carry out any OF the pro-
visions and requirements OF any OF
the foregoing sections of tins orql-
nance shall work a forfeiture Of all the
rights and privileges herein contained,
and in case OF such failure, the city
council of the city of FL Paso shall
have the right to declare the same a
nuisance and order and enforce the re-
mOval from all the streets, alleys and
public grounds OF said city, all pipes,
mains, etc, and after such failure
assigns, and such declaration upon the
part of the city council OF the city OF
Ell Paso, the failure Of said grantee or
its assigns to remove said pipes, mains.
etc shall subject said grantee OF its
assigns to the penalties prescribed
against nUisances and DISTINCTIONS OF
Section Is. This ordinance shan
take effect and be in full force from
and upon the acceptance provided Tor
in section four hereof
Section IA. That the rights in this
eT Tante6 n t5e 6 orinanoe to Which this
is an amendment, shall never be held
10 create a monopoly, or to preclude
the granting of similar or other rights
by the city of FL Paso, Texas, to any
person, association of persons or cor
poration, should the said city of E Paso
at any time elect to do so, nor shall II
ever be construed to be an exclusive
grant OF right to supply gas to the
city of Ell Paso or the inhabitants
Section rs. Upon the termination Of
the grant of this franchise, the grant,
as well as the property II any, OF the
grantee in the streets, avenues and
other public places within the cor
porate limits Of the city of Fl Paso
shall thereupon, at the election Of the
city and upon payment by said city
to the grantee Of q fair valuation
therefor, be and become the property
OF the city Of Ell Paso, all as provided
in section thirty-five Of the charter Of
the city of FL Paso, being chapter five.
page tWenty-fOur Of the Special Acts
of the Regular Session of the Thirueth
Legislature of Texas, 1907 II, at the
termination of this franchise, the city
elect to take over the property Of the
grantee hereinbefOre mentioned, the
value of said property shall be deter
mined by three disinterested apprats-
ers. one to be appointed by the city
within thirty days after such termina-
ton. one to be appointed by the
grantee within thirty days after the
praiser, and the third TO be appointed
within thirty days after the appoint
ment by the grantee of an appraiser.
by the two appraisers appointed by the
city and by the grantee respectively.
erty, the appraisers shall take into
consideration all facts making value,
except that the grantee shall never be
entitled to any payment or valuation
because OF any value derived from the
franchise or the fact that it is or may
be a going concern duly installed and
operated
Section 16 Be It further ordained
nances in conflict with this ordinance
are hereby repealed.
Passed and approved this -- day
of --, A. D, 1913.