Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-04-07
First Publication April b. 1881
ORDINANCE NO. 81.
BE II Ordained by the Mayor and Council
III Tho GiIN Of y Al

- AHH
ciiy, aud William SeagrOye Magili, 0
New YORK, their heirs, executors or AZ
signs, are hereby empowered aud granite,
the right 10 construct, maintain an,
operate by electric or Compressed nj
power a line OF street railway In, upOI
and along all streets, ways aud passaRei
and their intersections now laid out an,
accepted BY the city authorities Of Albu
qneique, New Mexico
Sec. z. That the authorization con
yeyed by the preceding section TO IN,
parties therein named snail constitute I
franchise for such street railway opera
ton throughout the city OF Albuquerque
New Mexico, for a period OF twenty iy,
years from the date VI the passage OF thi,
ordinance upon the following conditions
and limitations.
Eirst-The parties to whom this fran.
ehise Is granted hereby agree 10 con.
sta uet and operate at least TWO miles Oi
the road within eighteen months after
the date OF the passage Of this ordinance.
Second - Before the franchise men.
toned In the last section shall become
vested or said parties therein mentioned
shall be authorized TO locate, construct
or maintain said street railway on any
or either Of the streets OF the city Albu.
Querque aforesaid, they shall present a
petition 10 the mayor aud city council
signed by the owners OF the land repre-
senting the northern n half OF the
frontage Of each aud every street or part
OF street that Is sought to be used for
such street railway purposes.
Third-And IL IL further provided that
the pOrties mentioned, OF accepting the
rights aud privileges herein granted.
shall deposit In one OF the banks or in
some other equally safe depository In
the city OF Albuquerque. q thousand
dollars ($1,0O0l, TO DO a forfeit to
the city n they shall fail 10 com.
mence and execute the work Of
constructing and operating said street
railway according n the terms, condi.
tions and limitations set forth In this
ordinance; said sum 10 BIZ deposited with
In sixty days after the acceptance Of this
ordinance.
Fourth-It Is further provided that I'M.
Oil the city shall reach a population OF
fifteen thousand inhabitants, there shall
not be any license or charge against said
street railway or operating machinery
thereof other than the general city tax.
but when the population OF the city shall
reach fifteen thousand inhabitants q Ii.
cense OF thirty dollars per mum shall
be paid upon each car used and operated
upon said road; and when the population
Of the city shall reach twenty thousand
inhabitants there shall be paid a license
OF hfty dollars per annum for each car so
used on said road.
Fifth-The rights and privileges here
In conferred 10 the parties named by the
passage OF this ordinance shall not be in
terpreted as exclusive; but II IL hereby
agreed by the mayor and city council OF
Albuquerque. New Mexico, OF the first
part, by the persons herein named OF the
second part, that from the date upon
which the construction OF this street
railway Is commenced, no other rights,
privileges or franchise for a street rail-
way within the city limits shall be
granted by the city authorities until the
time allowed by this ordinance and slip.
ulated In the preceding section, eighteen
months, shall have expired, subject, how
ever, TO the conditions and limitations OF
section two. and 10 have no effect upon
rights now existing.
Sec. 2. Full authority for the con-
struction OF the road bed, the laying and
maintenance OF the ties, rails, single or
double track, switches, poles, and wires
shall be subject 10 the approval OF the
mayor and council, and other usual Ak
lures and appliances inherent In the con.
structi0n and operation OF an electric
street railway is hereby granted 10 the
parties herein named with the express
condition that all construction shall con-
form 10 the grades OF the streets already,
or In the future 10 be, established; that
suitable crossings at all in~terseeting
points Of the public highways with street
line must ~ maintained
by the operators OF SAID railway
In such q manner as to cause no public
Inconvenience; and upon said operators
the charge and maintenance OF the
portion Of the public highway as shall be
included between Its tracks and two feet
on each side Of the road track or tracks
In such manner as render Ii at all tunes
safe and proper roadway for vehicles.
and In kind Of pavement 10 conform with
that OF the streets used.
Sec. 4. The validity OF this franchise
shall depend upon the strict cOnfOrma-
ti0n OF the operators 10 the embodied
and continuous operation OF
such line ~ may be constructed by them
under the terms OF this grant exception
made for strikes, accidents OF flood, fire
or other force major.
Sec. 5. The said line OF street railway
shall not interfere with the drainage or
water system OF said city, which reserves
all rights TO intersect the line at all
points where the needs OF It's present or
future water and sewage system may re-
quire II.
Throughout the life OF this franchise
the operators hereby agree 10 charge a
fare for each passenger not exceeding
tive cents, with transfer on intersecting
line Of lines OF the said company for
each continuous trip from point TO point
within the city limits now or hereafter
TO be established, the conveyance Of pas
sengers TO be performed In asafe manner
and with due regularity and dispatch.
Sec. D. The operators OF said street
railway shall be liable for all damages 10
life or property resulting from the neg.
OF the operators, their employees
or faulty construction, equipment or
maintenance OF the street railway sys-
tenn.
Sec. T. Any interference with the
embodied In this franchise, the
Of the track 10 delay the pas
sage OF cars, destruction OF injury Of any
part OF the equipment or property OF this
railway system shall constitute a
misdemeanor and be punishable by fine
OF not lesa than 1ye nor more than one
hundred dollars, or by Imprisonment for
a period OF not less than three nor more
than sixty days, or both.
Sec. 8. This ordinance shall take OF.
feet and be in full force upon It's passage.
s. Albright, Mayor.
JOHN s. TRIMBLE, City Clerk.