Bisbee daily review., 1907-05-11

less prevented by some unavoidable accident. - as many additional cars shall be run as the necessity of the public shall demand.
 Section 8.
 It is agreed that the consideration for the rights and privileges granted by the City to the Company under this franchise shall be, that the LuII. pany shall pay to the City on the first day of April of each year during the life of the franchise twenty per cent (20E) of the net earnings oI uns Company for the preceding year end ing the first of January, derived from the five cent fares taken in on cars while operating on tracks within tine corporate limits of the City of Bisbee. The net earnings shall consist ol fares so taken in, less the cost of operation, repairs, maintenance. in- surance, an interest charge of six per cent CG%) on cost of that DOT tion of the railway system under op- eration within the corporate limits Of the City, and a charge of eight per cent (SfoD for depreciation based on the cost of the system within the cor pOrate limits of the City. The Con- pany agrees to replace with the fund created by the depreciation charge all equipment in any way rendered in- efficient either by use or by becoming obsolete.
 All personal injury or other cIaims arising from the operation of the railway and paid by the Company shall be considered as operating ex- pense.
 The Company agrees to furnish the City with full and verified report on the first day of April of the operation of the railway within the cui rorate limits of the City for the year preced ing the first of January of the year in which such report is made and to accompany such report with payment of twenty per cent(2OfoD of net earn ings as before provided for, and the City shall have the right to eAaurne books of the Company foi the pre- cedinS year covering sucn operation.
 Section g.
 The Company shall cause said rail- way to be erected within the time hereinbefOre provided: and tEc failure of said Company to cOmpiate the said road within the time herein provided shall also work a forfeiture of the franchise hereby granted, Provided, however, that in case the City shall fail to provide a right of way over the necessary portion of the Subway, and up Tombstone Canyon as herein. before specified then the forfeiture herein provided shall have no Ic4ce and effect.
 section 10.
 The Company will equip all cars with efficient and serviceable fender devices, head lights and sani boxes.
 Each double truck car will be equip ped with two sets of brakes, one of which to be operated by hand and the other to be the most approved type of air brakes for the purpose.
 The cars will be well and suffiS.enc- ly heated and lighted.
 The cars will be provided with pIsh- buttons at each seat for the purpose of notifying the conductor whcn pas- senger wishes To leave the car.
 section ii.
 This franchise as a grant of a pu.,- lic utility shall take effect when au- thorized by a majority vote of the qualified electors of said City at a special election, duly and legally called for that purpose, and upon the passage and adoption thereafter of this ordinance by the Common Coii- cil of the City of Bisbee.
 Passed and adopted by the Common Council of the City of Bisbee. the day of ....-.. l90.
 Mayor, Attest:
 ..........., City Clerk.