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

/
] used. is within two hundred (2OO) feet
Of then existing gas main, and pro
Vided that If in any case as many as
five 90 consumers in any block tsald
block being within three hundred and
nifty (35O) feet OF gas maln) not
supplied with gas shall so request IN
Good faith in order that gas may De
used by then. said Ell PaSO Gas and
Electric company and its assigns shall
E extend gas main along said block
Section S. The city council hereby
reserves the right to examine and in
specU all gas meters, Works ana So
+ Of grantee and its assigns, and the
grantee and its assigns shall furnish
] TO the city, whenever desired Dy lne
said council, suitable and proper in
struments for testing the purity ana
{ Illuminating qualities of the Sas, and
{ the said council may designate any one
/ to make such Inspections and eXamina-
tons 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 It's
assigns Of the intention Of the said
city council to pave any Of the streets
! or alleys Of said city. or any part Of
the said streets or alleys, the grantee
shall thereupOn promptly, so as not to
I 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
b
more abutunE lots not fully built up.
/ This section shall apply only to such
portions of streets, alleys and public
grounds along which the grantee and
I 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 public grounds along
/ which grantee had no mains at the
( time of such paving.
Section 10. The rights, powers and
] franchises herein contained shall, if
I the same be not sooner forfeited, exist
I and be in force and effect for thirty
! GOD years from and after December Is.
/ Section II. The grantee and its as
/ signs shall hold the city Of Ell PasO
J harmless and Unidentified from all ac-
! and liabilities Of every kind, caused
! by reason of any negligence or act or
omission on the part of the said
/ grantee or its assigns, agents, employees
! or representatives. in the construction.
reconstruction, maintenance and Oper-
/ alton of the gas plant or distributing
[ system, and shall pay all such dam
/ ages that may be awarded against
/ said city by reason thereof: and the
I Sald grantee or It's assigns, will alone.
/ at its or their own expense. defend any
such claim or suit that may be
I brought against said CITY whenever.
and as soon as, any officer of said city
mails notice Of such claim or suit
! 10 the local agent of said grantee,
Wnch. notlce snail state the nature
I Of the claim or suit, and the name OF
Z the court If il be a suit. where it eX-
lists. and the number of the same The
said city shall never be held respons-
ible to the said grantee or its assigns
Tor any Injury or damage to its or
/ their property by reason OF electrical
currents of others.
Section -. 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 Ordi-
nance shall work a forfeiture of all the
rights and privileges herein contained,
council Of the city Of FL PasO shall
have the right to declare the same a
nuisance and order and enforce the re-
movaI from all the streets, alleys and
public grounds Of said city. all pipes.
mains etc, and. after such failure
upon the part of said grantee or its
assigns, and such declaration upon the
part Of the city council Of the city of
Fl PaSO, the failure Of said grantee or
Us assigns to remove said pipes, mains.
{ etc, snall suplecI said grantee or its
assigns to the penalties prescribed
against nuisances and distractions of
Section 70. This ordinance shall
take effect and be in full force from
ana after its passage and approval
az ana upon the the acceptance provided for
Section a. That the rights in this
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 rirhfs
person, association Of persons or cor
poration, should the said city Of FL
Paso ct any time elect to do so. nor
snail II ever be construed to be an eX-
elusive grant. OF right to supply gas
to the city Of Fl PasO or the inhabit-
ants thereof The rights granted here
in are in lieu of all rights granted by
all other ordinances by the City Of Ell
PaSO under which this grantee IS now
carrying on its business in said city
OF Fl PasO.
Section IS. Upon the termination OF
the grant of this franchise, the grant.
as well as the property, if 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 ana upon payment by said city
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 tWentV-TOur Of the Special Acts
Of the Regular Session Of the Thirtieth
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
mined by three disinterested apprais- /
ers. one to be appointed by the CITY |
within thirty days after such termina- [
tIOh, one 70 be appointed by the /
grantee within thirty days after the /
appointment by the city Of an an
praiser, and the third to be apDOfnted 1
within thirty days after the appoint !
ment by the grantee Of an appraiser. 4
DE the Two appraisers appointed by the 1
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 anv value derived from the
franchise or the fact that ftis or may
De a going concern, duly installed and I
operated.
Section 16- Be il further ordained
tnaI all ordinances and parts Of ordi- :
nances in conflict with this ordinance
are hereby. repealed.
raised and approved this day |
OF --, A. D, 1913.