Bisbee daily review., 1907-06-09
ORDINANCE NO.

An Ordinance Granting a Franchise
 to the Warren Company to Con-
 struct, Maintain and Operate a
 Street Railway Along and over
 Certain Streets, Alleys, and Public
 Places in the city Of 5isbee.
 BE IT ORDAINED by the Mayor and the Common Council of the City Of Bisbee, as follows:
 Section i
 That consent, permission and au- thority be and the same is hereby granted unto the Warren Company, hereinafter called the Company. a corporation, duly organized and exist ing under the laws of the Territory of Arizona and to its successors or as- signs, to construct, maintain and oper- ate for the period of twenty-five (25) years from and after the date of the granting of this franchise, an electric railway, with all necessary turnouts and switches for the carriage of pas sengers. packages and parcels along, over and upon the following streets, alleys and public places in the City of Bisbee, Cochise County, Territory or Arizona, tu-wit:
 Beginning at the point where the easterly corporate limits of Blsbee intersects the center line Of Naco Road. thence along the said Naco Road in a westerly direction to the in- | tersection of O. K. Street. thence coI- tinuing along said Naco Road or Rail- road Avenue to the intersection of Brewery Avenue, thence along Brew WE fg Fhn snfn of Fk,n Subway, thence along said Subway to the flood gate in Upper Main Street.
 It being the intention of this fran chise that the right Of way shall be from the easterly corporate limits of the City of Bisbee over Naco Road, Railroad Avenue and over the Sub way or Main Street and up such street as may be provided by the City Council to the Westerly corpor- ate limits of the City of Bisbee. section 2.
 The permission, authority and priv ilege hereby granted is upon the ex- press condition that the cars upon said railway shall be propelled by electricity, except that in the event of a breakdown to machinery or con nections, when any power may be used until such time as repairs there. to can be made.
 That the said grantee, it's sue. cessors and assigns, when the coun- cil may direct shall put the space be- | tween the tracks and twenty-four (24) | inches on the outside of each of it's rails and all the space between the | double tracks, turuouts and switches in e nG "a rf roads and streets and may use the same or better material to grade, pave [ or macadamizs the said spaces, than i is used for the same purpose on the said roads and streets on either sIGe | of said rails by the City of Bisbee. and shall keep the same constantly fn re pair, flush with the road, or streets and in such manner that carriages and other vehicles may easily and freely cross the same at all points and in all directions without obstruc ton and shall also participate iu 8 permanent concrete structure for the i subway to the extent necessary tc 1 strengthen said subway to carry its cars, oyer and above such eonstruc | ton as is necessary for teams and 1 wagons, the extra expense of such I strengthening to be estimated by the City Engineer, and paid to the City
 upon completion of the permanent structure.
 That work on the construction ot the railway, within the corporate linn
 its of the City. shall commence within
 three (3) months after the grantinl
 of the franchise therefor, and to b. prosecuted continuously thereafter
 and shall. except as hereinafter pro
 vided, be wholly completed and il
 operation within four (4) months
 after the commencement of said worl
 to the intersection of Railroad Ave
 nue and Brewery Avenue, but the sait Company shall have an extension 0
 time for the completion of the worl embraced herein equal to any delay
 caused by the act or negligence o the City, strikes, the act of God, o
 any delays not caused by the act o l negligence of the Company.
 And 1t Is further provided that tn 2 said Company shall complete line c , electric railway to the corporal , boundaries of the City of Bisbee U , Tombstone Canyon within nine (9 } months after the City shall provide , street at least forty (40l feet wid } from a point near the cid flood gat , in the City of Bisbee to the corporal , limits up Tombstone Canyon, with . . grade exceeding seven CD per cen : That when said street is complete to the western boundaries of the Gil of Bisbee with proper retaining wal and culveTts sufficient to carry tt electric line and travel of the publi { then the said Warren Company shs { pay to the City of Bisbee the sum { niue thousand dollars (s9.000. .000). $ section 8.
 { The Iaying of said track and switches or turnouts shall conform all cases, where the grade of any said streets has been established, $ said grade. and in all other cases { near to the natural grade of sa { streets as practicable, and when { any time any part of the route sh' be graded or the grade there q | I4 ar-