The border vidette., 1915-02-20


 indemnify and save harmless the said town of Nogales, Arizona, from and against all lawful claims and demands for loss or injury to persons or prop erty caused by excavations made by said company for the erection Of poles or other structures or by electric cur rent transmitted by said company
 Sec. ,. The said Nogaler Electric Light, Ice and Water Company shall have the right to install meters for
 measuring the cOnsum ption Of e'ectrIc- fly supplied by sad company in any and all buildings or premises where such electricity is used; and said com pany, its agents or employees, exhibit ing written authority, signed by the president, secretary or general manager thereof for such purpnee, shall have the right to enter any building or premises supplied with electricity by said com pany. to inspect, repair and adjust the meters and o:her appliances therein used Tn measuring. supplying, carrying and transmitting such electricity. and to ascertain the quaotity of electricity supplied or consumed. Said company shall Plso have the right to sbut off the supply of elsotricity from the building or premises of any person who neglecis or refuses 10 pay for the cleo tricity supplied him by said company, and for lac purpose of shutting off tho electricity in such case, any agent or employee of said company may enter the building or premises of such per son, at all reasonable hours, on any day, and remove therefrcm any prop erty of said company used in measur- ing, supplying, carrying or trausmitt- ing electricity.
 Sec. 6. Should the said town of No gales. Arizona. during the life Of said franchise, desire to install fire-alarm system, said town, through its lawful and proper officers, agents, or en- ployees, shall have the right to use the poles erected by said company for the purpose Of stringing wires for such fire alarm system; provided. however, that such use Of said poles by the said town of Nogales. Arizona, shall not in any mann impede, interrupt or interfere with ibe free, full and proper use of said poles by said company, or in any manner i'm pede. interrupt or interfere with the transmission of electric cur rent oyer and along the wires of said company.
 See '. The said NogaIes Electric Light, Ice and Water Company shall pay each month, during the life of said franchise, to the said town of Nogales, Arizona, a sum equal to two and one- half per cent of it's gross cash receipts from the consumption and sale. within the corporate limits of said town of No gales, Arizona, of electric current d1r- ing such mouth; and for the purpose of computing the amount Of such pay ment the said town of Nogales, Arizona, shall have the right, during reasonable office hours, to have the books, records and accounts of said company examin- ed by regularly appoin ted account zona.
 Sec. S. The snid town of Nogales, Arizona, shall have the right at any time Curing the life of sad franchise to purchase and operate under municipal ownership the electrical plants. works. ma h mir of hsa Nogales Electric Light. Ice and Water Company. at price to be fixed and de- termined by q board of three competent engineers, one Of whom shall be an en- glueer for the said town of Nogales, Arizona; one an engineer for the said Nogaie les Electric Light, Ice and Water Company, and the third of whom shall be chosen by these two; said price to be paid in cash, or part in cash, and part in twenty year five per cent bonds of the said town of Nogales, Arizona.
 Sec. g.. The said Nogales Electric Light, Ice and Water Company shall have the right to adopt and enforce reasonable rules and regulations to be observed by users and consumers of electricity supplied by said company, and upon violation of said rules and re- gulations by any consumer or user of such electricity, shall have the rig ht to discontinue supplying such electricity to such person or persons as shall have violated said rules and regulations; and said company, for this purpose, through its agents or employees, may enter the building or premises of such person or persons, during reasonable hours, on any day, and remove there- from any property of said company.
 Sec. 10< Failure on the part of the said Nogales Electric Light, Ice and Water Company to operate it's elec- t. ical plant al any time during the life of said franchise for period of ninety consecutive days shall, at the option of the said town of Nogales, Arizona, work a forfeiture of sad franchise.
 Sec. II Iu case of noncompliance with the terms. conditions and require ments Of said franchise by the said No gales Electric Light, Ice and Water Company, the said town of Nogales, Arizona. shall have the option to de- clare the said franchise forfeited.
 Sec. 12. The said Nogales Electric Light, Ice and Water Company shall have the right to sell. assign or transfer said franchise at any time during the term for which the same is granted; and all the rights, privileges, liabilities and limitations under said franchise shall be enjoyed and assumed by the purchasers, assignees or transferees of said franchise, to the same extent as the same would continue to be enjoyed and assumed by the said Nogales Elec- trio Light, Ice and Water Company, were no sale. assignment or transfer of said franchise made.
 Sec. 13. All ordinances or parts of ordinances in conflict with this ordin- ances are hereby repealed.
 Sec. 14. This ordinance shall take effect and be in force from and after its passage. adoption, publication and au-