El Paso herald. (El Paso, Tex.) 1901-1931, 1913-01-20
Legal Notices

be increased six hundred and IlIly
smO1nt Of gas to be furnished to the
city free during each monIn sIlall ~, y
nOn-cumuIative and the failure TO use
all OF the same e 9uFil9is fb Is city
TO a larger amount than deSlS
mated thereafter. The amount OF
gas used by the city iE excess OF lIIe
amount herein designated during any
one month shall be. paid Tor Dy7 ~ ~
city at rates then being charged ~
the grantee or its assigns TO prlvaCe
consumers of gas for heating purposes
Section z. The grantee and It's as
signs shall. at all times duflnS tne -. -
of this franchise, run It's or thelT pipes I,1,
and all persons mot lndeDIeu 70 w
grantee or its assigns) applying Lh5 -
At which fine gas applied for is to De
1sad is within two hundred GOOD feet
of a then existing gas main, anu pr
vided that if in any case as many 80 81
five C5O consumers in any block CSalq
block being within three hundred ana
/ fifty (350) feet OF gas mann l %
GOOD faith in order that gas may be
9sed bv then. said FL PasO Gas and
Electric company and its assigns snaH
extend a gas main along sald DIocA .7--
Section s The city council hereby
reserves the right to examine and IN
spect all gas meters, WORKS an9 -
of grantee and its assigns, and the
grantee and its assigns shall furnish
to the city. whenever desired by the
said council. suitable ana proper m
struments for testing the purity ana
Illuminating qualities of the gas, ana
the said council may designate any one
to make such inspections and eXamlna-
lions 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 rs
assigns of the intention OF the Sald
citv council to pave any of the streets
or alleys of said city. or any part OF
the said streets or alleys, me grantee
nraA1 V~ * n n
DELAY or interfere with the paving and
before paving is begun, run all the
mains along the same that 1T or
they propose to run, and run Turnouts
from all of its or their mains along
the same to the curb by each building
where the property is fully built up,
and one turnout to the curb line OF
each vacant lot where there is one or
more abutting lots not fully built up
This section shall apply only to such
portions OF streets alleys ana PUBIC
grounds along which the grantee and
its assigns have a main at that time
and shall not preclude the subsequent
use by grantee or its assigns Of any
street, alley or PUBIC GROUNDS alonS
which grantee had no mains at the
time of such paving.
franchises herein contained shall, if
the same be not sooner forfeited, exist
and be in force and effect for thirty
1872. col '-i-
Section II. The grantee and its as
signs shall hold the city OF FL Paso
harmless and Unidentified from all &C
tiOns, causes of action, costs, expenses
and liabilities Of every kind, caused
by reason of any negligence orRct or
omission on the part OF the said
grantee or its assigns, agents, employees
or represen tatiYeS, in the construction,
reconstruction, maintenance and oper-
system. and shall pay all such dam
ages that may be awarded against
said city by reason thereof; and the
said grantee or its assigns, viii alone,
at its or their own expense, defend any
such claim or suit that may be
brought against said city whenever
and as soon as, any officer of said CITY
mails a notice of such claim or suit
to the local agent of said grantee,
which notice shall state the nature
of the claim or suit, and the name OF
the court if it be a suit. where II eX-
lists, and the number of the same Inc
said CITY shall never be held respons-
ible to the said grantee or its assigns
for anv injury or damage to its or
their property by reason OF electrical
currents of others
Section p ANY failure on the part
of the said grantee or its assigns to
fulfill and carry out any OF the pro-
visions and requirements OF any OF
the foregoing sections of this oTdl-
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
nuisance and order and enforce the re-
mOVal from all the streets, alleys ana
public grounds of said city, all pines,
upon the part Of said grantee or It's
assigns. and such declaration upon the
FL PasO, the failure of said grantee or
its assigns to remove said pipes. mains.
etc, shall subject said grantee or It's
assigns to the penalties prescribed
against nuisances and distractions or
Section Is. This ordinance shall
take effect and be in full force from
and after its passage and approyaI
and upon the acceptance provided for
in section four hereof.
ordinance granted. and the rights
granted in the ordinance to which this
is an amendment shall never be held
to create a monopoly, or to preclude
the granting of similar or other rights
by the city of Ell Paso, Texas, to any
person, association of persons or cor
poration. should the said city Of FL Paso
at any time elect to do so, nor shall It
ever be construed to be an exclusive 4
grant of right to supply gas to the
city of Ell Paso or the Inhabitants
Section Is. Upon the termination Of
the grant of this franchise, the grant,
as well as the property, if any, of the
other public places within the cor
porate limits of the city of FL Paso
shall thereupon, at the election Of the
to the grantee of a fair valuation
therefor. be and become the property
Of the city Of FL 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 Thirtieth
Legislature of Texas. 1907. If, 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 apprais- ]
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
appointment by the city of an ap-
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. !
In determining the value Of said prop /
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 |
that all ordinances and parts OF ordi- 1
nances in conflict with this ordinance /
are hereby repealed.
Passed and approved this -- day 4
OF | A n 1919