Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1901-09-30
ORDINANCE NO.. ne.
An ordinance granting a stro., "a

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Gleason OF New York City, W. Carlo.
Stevenson Of Albuquerque. their heirs
executors or assigns. the right an,
privilege to build. construct. main
tain. operate and conduct an electri
cal street railway system through ant
In the streets and thoroughfares Of
the city Of Albuquerque. as now lait
ont and accepted by the authorize.
OF said city and that may hereafter
during the life OF this franchise, h,
laid out and accepted by such author
tiles.
Section 2. That the authorization
and privileges given, granted and con
veyed in the preceding section, tc
the parties therein named. shall con
stitute a franchise for the building
constructing, maintaining. operating
and conducting, of such street railway
system throughout the city of Albu
querque. for a period of twenty-five
years. after the date Of the passaga
hereof. and no longer. Subject. how.
ever. to the following conditions, reg.
ulations and limitations:
First. The parties SO enfranchised
agree TO commence the construction
OF said railway within $50 days from
the passage hereof, and to complete
and operate at least two miles of sail
road within is months from date of
passage hereof. And further agree
as a guarantee Of the commencement.
completion and operation as herein
provided, to deposit within 30 DAYS
after the passage hereof in one OF the
banks or other safe depository in the
city of Albuquerque, the sum of one
thousand t.O00D dollars, TO be for.
feited to the city upon failure of com
mencement or completion and ope-.
alton in the n and within the
respective periods herein specified.
Second. The city retains the right
or option after the expiration OF TWEEN.
ty.five years from said date of pur.
chasing the tracks. cars. electrical
machinery, plants, wires, poles and
all materials, property and parapher.
MALTA properly belonging to said sy.
stem. then constructed, owned and
operated by grantees or their success.
ors h%ereunto. at a fair and reasonable
valuation thereof. exclusive of fran.
chise value. Said valuation to be
liked by a. court of arbitration. con.
slsting originally of two disinterested
persons. n of whom to be chosen by
the city council of the city of Albu.
querque and the other by the grantees
or their successors. and should they
fail to agree as to such valuation. they
shall select a third person as member
of said court. And In the event of
their failure to agree upon such third
person within 30 days after notice
given to the other OF such intention.
either may petition the district court
OF the county OF Bernalillo. New Mex.
leo. to select and appoint such third
person. And when so selected by
them or appointed by the court. the
three shall constitute said court OF
arbitration, a majority of which agree.
ing upon a valuation of said property,
shall reduce same TO writing over the
| signatures Of those so agreeing. At
which value so fixed by said court. the
city shall within 80 days after the
date OF adjustment of value and its
proper presentation to her city coun.
ell. exercise her option to purchase or
forfeit the right thereto.
Third. II is further understood,
that after the expiration OF fifteen
years from date of acceptance of shis
franchise, the city shall receive as rev.
enue therefrom, one.fourth of all not
profits. accrueing Hereunder, over
and above eight per centum IN the
amount invested.
Fourth. IL Is agreed by the mayor
and city council OF the city of Albu.
querque. N. NJ, Of the first part and
the parties to whom this franchise
runs OF the second part. that from
the day this street railway is com.
menced, no other rights, privileges or
franchises for other street railway
tho ntfs 1fpattg ahalI L. -.- -. ~
city authorities until the time allowed
by this ordinance and stipulated in
paragraph first OF this section, eight.
cen months shall have expired, sub.
Ject, however, to the conditions. reg.
ulations and limitations imposed by
this ordinance.
construction of the roadbed, the lay.
ing and maintenance of ties, rails.
single or double track, switches, poles
and wires, shall be subject to the ap.
prevail of the city council. and other
usual fixtures and appliances in
herent in the construction and opera.
ton of an electric street railway is
hereby granted to the parties herein
named with the express condition that
all construction shall conform to the
grades of the streets as now. or In
the future to be established; that suit.
able crossings at all i%ntersecting points
OF the rublic highways with the
street railway line must be maintain
ed by the operators Of said railway
IN such q manner as to cause no
public inconvenience; and upon said
operators rests the charge and main
tenance OF that portion OF the public
highway as shall be included between
It's tracks and two feet on each side
OF the road, track or tracks, in such
manner as render il ali times safe
and proper roadway for vehicles. and
In kind of pavement, to conform to
that of the streets used.
Section 4. The validity of this fran.
chise shall depend upon the strict
conformation of the operators to the
embodied condition herein, and con.
tinuous operation of such line as may
be constructed by them under the
terms Of this grant exception made
for strikes, accidents by fire, food or
other unavoidable force.
Section 3. That said line of street
railway shall not interfere with the
drainage or water system of said city,
for which, all rights of intersection
OF such line at all points where the
needs of the present and future water
and sewage system may require il,
hereby are assured.
Throughout the life Of this franchise
the operators, hereunder, agree to
charge a fare for each passenger not
exceeding five cents, with transfer on
intersecting line or lines OF the said
system for each continuous trip from
point to point, within the city limits
now or hereafter to be established,
the conveyance Of passengers to be
performed in a safe manner and with
due regularity and dispatch.
Section G, The operators OF said
street railway shall be liable for all
damages to life or property resulting
from the negligence of the operators.
their employees, or faulty construc-
ton, equipment or maintenance OF the
said street railway system.